[Congressional Record Volume 153, Number 29 (Thursday, February 15, 2007)]
[Senate]
[Pages S1986-S1988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NORMAN RANDY SMITH TO BE UNITED STATES CIRCUIT JUDGE FOR THE NINTH
CIRCUIT
______
MARCIA MORALES HOWARD TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE
DISTRICT OF FLORIDA
The ACTING PRESIDENT pro tempore. The Senate will proceed to
executive session to consider the following nominations en bloc.
The clerk will report.
The assistant legislative clerk read the nominations of Norman Randy
Smith, of Idaho, to be United States Circuit Judge for the Ninth
Circuit and Marcia Morales Howard, of Florida, to be United States
District Judge for the Middle District of Florida.
Mr. LEAHY. Mr. President, today, we consider nominations for lifetime
appointments to the Federal bench, including Judge Norman Randy Smith
to the Court of Appeals for the Ninth Circuit. Judge Smith was
nominated to a seat on the Ninth Circuit designated a judicial
emergency by the Administrative Office of the Courts. Judge Smith's
nomination easily could have been confirmed in the last Congress--and
the emergency addressed many months ago--had the Bush administration
chosen the common-sense approach it has now followed of nominating
Judge Smith--who is from Idaho--to Idaho's seat on the Ninth Circuit.
Instead, the President picked a fight by insisting on nominating
Judge Smith to a California seat on the Ninth Circuit. Judge Smith had
been nominated to fill the seat last occupied by Judge Stephen Trott,
an appointee from California who made a personal decision to move to
Idaho. I know of no precedent for shifting a circuit seat based on a
judge's personal decision to change his or her personal residence. That
generated opposition from the California Senators and created an
impasse. I supported the California Senators, as I had Senators
Sarbanes and Mikulski in a similar circumstance when this President
sought to fill a Maryland seat on the Fourth Circuit with someone from
Virginia.
I have tried for some time to get the President to redesignate the
Smith nomination and nominate him to fill the Idaho vacancy. At long
last, the President has done the right thing. The White House finally
changed course and the President nominated Judge Smith for the Idaho
seat on the Ninth Circuit. I thank the President for finally doing the
right thing.
With the cooperation of the Senators from California and the other
Members of the Judiciary Committee, we were able to avoid having a
hearing on Judge Smith's nomination in this Congress and to expedite
his consideration, now that he has been designated for the Idaho
vacancy. We were able to report Judge Smith's nomination last Thursday.
Today, at long last, Senator Craig and Senator Crapo and the people of
Idaho will have a judge on this important court from their home State.
We have worked hard since convening this Congress to make significant
progress in our consideration of judicial nominations. At our first
executive business meeting, the Judiciary Committee reported out five
judicial nominations little more than 2 weeks after they were sent to
us. Three of these were for vacancies determined by the Administrative
Office of the U.S. Courts to be judicial emergencies. All five were
among those returned to the President without Senate action at the end
of last year when Republican Senators objected to proceeding with
certain of the President's judicial nominees in September and December
last year. All five were confirmed only 3 weeks after they were
nominated.
Last week, we reported another five nominations, including the
nominations we consider today. We reported nominees from the home
States of Senator Specter and Senator Grassley and I want to thank
Senator Casey and Senator Brown for expediting their consideration of
nominees from their home States and approving them so quickly after
taking office. I have worked cooperatively with Members from both sides
of the aisle on our Committee, and in the Senate, to consider quickly
and report 10 judicial nominations so far this year, allowing us to
fill vacancies and improve the administration of justice in our
Nation's Federal courts.
With the five confirmations last week we have confirmed more of
President Bush's nominations in the 18 months I have served as
Judiciary Committee Chairman than in the more than two years when
Senator Hatch chaired the Committee with a Republican Senate majority
or during the entire last Congress with a Republican Senate majority.
With Judge Smith's confirmation today, we will have confirmed a
nomination to one of the Nation's important circuit courts little more
than a month after the Republicans agreed to resolution allowing the
Senate to organize. That is more than the total of President Clinton's
nominations to circuit court vacancies confirmed by the Republican-
controlled Senate during the entire 1996 session. Today, with this one
confirmation we will surpass the Republican total for an entire session
of the Congress.
Last week, we also held the first judicial nominations hearing of the
new Congress and considered three more nominees, two of whom are
nominated to fill judicial emergency vacancies. We held that hearing on
February 6. When a Republican chaired the Committee in 1999 and there
was a Democratic President, the first hearing on a judicial nominee was
not held until June 16. We could have postponed this hearing because it
was at the same time as the Senators briefing on the new National
Intelligence Estimate about the deteriorating situation in Iraq. As I
did after 9/11, and after the Senate buildings were shut down by the
anthrax letters, I chose to go forward with the nominations hearing.
I know some on the other side of the aisle have tried to raise a
scare since I, again, became Chairman of the Judiciary Committee. They
rant as if the sky is falling and as if we would not proceed on any
judicial nominations. On the contrary, we have proceeded promptly and
efficiently.
I have long urged the President to fill vacancies with consensus
nominees. After this week's confirmations, according to the
Administrative Office of the U.S. Courts there will be 51 judicial
vacancies, 24 of which have been deemed to be judicial emergencies. Of
those 24 judicial emergency vacancies, the President has yet to send us
nominees for 17 of them. That means two-thirds of the judicial
emergency vacancies are without a nominee from the President.
We will continue moving forward efficiently as long as the President
sends us qualified, consensus nominees.
iraq
Mr. HAGEL. Mr. President, just a brief response to the distinguished
majority leader about motives as to debate on Iraq.
I don't know a Senator who has been clearer or more concise on this
administration's positions on Iraq than the senior Senator from
Nebraska. To suggest that some on this side are impeding or trying to
protect the Bush administration's policy on Iraq, specifically
escalating our military involvement in Iraq, is a bit off the mark.
The fact is, the minority leader is very clear in his purpose. I have
supported that. Minority rights are the essence, the foundation of this
body. The minority should have an opportunity to present their
resolution or resolutions. It should not be dictated to by the
majority.
Make it very clear, those on this side who have pushed for this
debate are very clear in our position. I doubt if there is anyone who
has been clearer than this Senator.
I yield the floor.
Mr. SPECTER. Mr. President, there is only a minute left before 10:30,
not enough time to discuss. I ask unanimous consent I be recognized at
the conclusion of the third vote for 10 minutes.
Mr. LEAHY. I did not hear the request.
Mr. SPECTER. My request--we were supposed to speak, but the time has
been consumed otherwise. With only less than a minute left until 10:30,
I have asked for consent to speak for 10 minutes at the conclusion of
the third vote.
Mr. LEAHY. At the conclusion of the third vote?
Mr. SPECTER. Let me amend that to ask for 10 minutes for the chairman
of the Judiciary Committee.
[[Page S1987]]
Mr. LEAHY. I have an hour reserved after the third vote anyway.
Certainly, if the Senator from Pennsylvania wants to take his 10
minutes ahead of that hour, I have no objection.
Mr. SPECTER. I ask consent to that request.
The ACTING PRESIDENT pro terrpore. Without objection, it is so
ordered.
Vote on Nomination of Norman Randy Smith
Mr. LEAHY. Mr. President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of Norman Randy Smith, of Idaho, to be United States Circuit Judge for
the Ninth Circuit? The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer),
the Senator from Connecticut (Mr. Dodd), and the Senator from South
Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senators were necessarily absent: the Senator
from Nevada (Mr. Ensign), the Senator from New Hampshire (Mr. Gregg),
and the Senator from Texas (Mrs. Hutchison).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 94, nays 0, as follows:
[Rollcall Vote No. 49 Ex.]
YEAS--94
Akaka
Alexander
Allard
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Dorgan
Durbin
Enzi
Feingold
Feinstein
Graham
Grassley
Hagel
Harkin
Hatch
Inhofe
Inouye
Isakson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thomas
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden
NOT VOTING--6
Boxer
Dodd
Ensign
Gregg
Hutchison
Johnson
The nomination was confirmed.
Vote on Nomination of Marcia Morales Howard
The PRESIDING OFFICER (Mr. Brown). There are now 2 minutes equally
divided before a vote on the Howard nomination.
Who yields time?
The Senator from Florida.
Mr. NELSON of Florida. Mr. President, two Senators from Florida rise
to lend our support to Judge Howard, who is currently a magistrate
judge and is an excellent choice. It is the privilege of Senator
Martinez and myself to support the outstanding choice of Judge Howard
to be a Federal district judge.
Judge Howard is a graduate of Vanderbilt University and the
University of Florida Law School.
I want to make reference to a note I received from Judge Howard
telling a bit about something unusual, because her parents arrived here
from Cuba. This is what she writes:
My parents arrived here with very little other than an
education and a willingness to work. Their success and my
nomination are truly a testament to the opportunity that
exists here simply by virtue of being an American. My parents
never let my brother, my sister, or me forget how fortunate
we were to be in a country where we could be whatever we
wanted to be or that we had a duty to give back to our
country.
That is the kind of person who will be a successful Federal district
judge.
The PRESIDING OFFICER. The Senator from Florida.
Mr. MARTINEZ. Mr. President, I am delighted to join my colleague
Senator Nelson in advancing the nomination of Marcia Morales Howard as
a Federal district court judge for the Middle District of Florida. This
outstanding woman lawyer from Florida not only has a distinguished
academic background, having graduated from the University of Florida
College of Law, being an editor of the Law Review there, but she also
has been an accomplished litigator for 13 years with two very fine law
firms in the State of Florida, Foley & Lardner and McGuireWoods. In
2003, she became a Federal magistrate. As a magistrate, she has
distinguished herself in the Middle District of Florida where she would
be serving as a Federal district court judge.
I know her and her family. I know what an outstanding American she
is. I am very proud that with the magnitude of importance of a Federal
appointment for a lifetime, we have someone of this competence, this
dedication, and this quality to serve in this important post. I am
delighted not only for the opportunity to advance the nomination but
also to tell of the judicial nominating commission Senator Nelson and I
have formed in the State of Florida, which I frankly believe is a model
for bipartisan cooperation and also seeking the best and most qualified
on the merits by positioning the nomination before a group of
distinguished lawyers who then see the applicants, study their
qualifications, and make recommendations.
I am delighted to urge my colleagues to support the nomination of
Marcia Morales Howard for Federal district judge for the Middle
District of Florida.
Mr. LEAHY. Mr. President, Judge Marcia Morales Howard, nominated to
the Middle District of Florida, has the bipartisan support of both
Florida Senators. With valuable experience as a Federal magistrate
judge and as a former civil litigator, Judge Howard is well versed in
litigation matters in Federal court. Judge Howard graduated from
Vanderbilt University with a B.S. in 1987, and received her J.D. with
honors in 1990, from the University of Florida, College of Law, where
she served as Symposium Editor for the Florida Law Review.
As a litigator in private practice, Judge Howard worked mostly on
complex civil litigation matters in Federal court as an Associate with
the law firm of Foley and Lardner, and later worked on labor and
employment law cases as an Associate, and then Partner, at the law firm
of McGuireWoods, LLP. Judge Howard has also shown her dedication to
serving others by providing pro bono legal services through the
Jacksonville Area Legal Aid and pro bono seminars through the
Jacksonville Center for Independent Living to disabled individuals
informing them of their rights under the Americans with Disabilities
Act.
I understand that Judge Howard is a first generation Cuban-American.
She is being called upon to fill a position in one of the fastest
growing areas in Florida. Senator Nelson has been a strong supporter of
this nomination and has pressed for early action. I thank both Senators
from Florida for their interest in this nomination. I also understand
that Judge Howard's grandfather celebrated his 100th birthday just 2
weeks ago, on February 1. Her confirmation today is testimony to the
great promise that America holds for people from all parts of the
world, that the granddaughter of someone who came to America can become
a Federal judge.
I congratulate the nominee and her family on her confirmation today.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. Mr. President, may I claim 1 minute as ranking member of
the Judiciary Committee?
I think Senator Nelson and Senator Martinez had important things to
say about the nominee, but I don't think anybody heard them. So if I
could have the attention of my colleagues.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. The nominee has an outstanding record, having served as
a United States magistrate. She graduated from Vanderbilt in 1987, and
from the University of Florida College of Law, with honors, in 1990.
She has an outstanding professional record. I urge my colleagues to
support her nomination.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of Marcia Morales Howard, of Florida, to be a
U.S. District Judge for the Middle District of Florida.
[[Page S1988]]
Mrs. MURRAY. I ask for the yeas and nays on the nomination.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer),
the Senator from Connecticut (Mr. Dodd), and the Senator from South
Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senators were necessarily absent: the Senator
from Nevada (Mr. Ensign), the Senator from New Hampshire (Mr. Gregg),
the Senator from Texas (Mrs. Hutchison), and the Senator from Oklahoma
(Mr. Inhofe).
Further, if present and voting, the Senator from Oklahoma (Mr.
Inhofe) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
[Rollcall Vote No. 50 Ex.]
YEAS--93
Akaka
Alexander
Allard
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Clinton
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Dorgan
Durbin
Enzi
Feingold
Feinstein
Graham
Grassley
Hagel
Harkin
Hatch
Inouye
Isakson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thomas
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden
NOT VOTING--7
Boxer
Dodd
Ensign
Gregg
Hutchison
Inhofe
Johnson
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider and lay on the table is agreed to, and the President will be
immediately notified of the Senate's action.
____________________