[Congressional Record Volume 153, Number 45 (Thursday, March 15, 2007)]
[Senate]
[Pages S3188-S3190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF JOHN PRESTON BAILEY TO BE U.S. DISTRICT JUDGE FOR THE 
                   NORTHERN DISTRICT OF WEST VIRGINIA

                                 ______
                                 

   NOMINATION OF OTIS D. WRIGHT II TO BE U.S. DISTRICT JUDGE FOR THE 
                     CENTRAL DISTRICT OF CALIFORNIA

                                 ______
                                 

NOMINATION OF THOMAS M. HARDIMAN TO BE U.S. CIRCUIT JUDGE FOR THE THIRD 
                                CIRCUIT

  The PRESIDING OFFICER (Mr. Salazar). Under the previous order, the 
Senate will proceed to executive session to consider en bloc the 
following nominations, which the clerk will report.
  The assistant legislative clerk read the nominations of John Preston 
Bailey, of West Virginia, to be U.S. District Judge for the Northern 
District of West Virginia; Otis D. Wright II, of California, to be U.S. 
District Judge for the Central District of California; Thomas M. 
Hardiman, of Pennsylvania, to be U.S. Circuit Judge for the Third 
Circuit.
  The PRESIDING OFFICER. There is now 20 minutes equally divided for 
debate on the nominations.
  The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, is the pending business the nomination of 
Thomas Hardiman to the Court of Appeals for the Third Circuit?
  The PRESIDING OFFICER. That is one of the nominations that is 
pending.
  Mr. SPECTER. Mr. President, I urge my colleagues to support Thomas 
Michael Hardiman for the Court of Appeals for the Third Circuit. He has 
served on the U.S. District Court for the Western District of 
Pennsylvania. He has an outstanding academic record. He has a law 
degree from Georgetown, bachelor's degree from the University of Notre 
Dame. He started his practice of law in 1990. He has an outstanding 
record both academically and professionally.
  Senator Santorum and I know him personally and can vouch for him. I 
urge my colleagues to confirm him for the Third Circuit.
  I ask unanimous consent that my full statements on the nominees be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Statement of Senator Arlen Specter on the Nomination of Thomas Michael 
  Hardiman to the United States Court of Appeals for the Third Circuit

       Mr. President, I seek recognition today to urge my 
     colleagues to confirm Thomas Michael Hardiman to the Third 
     Circuit Court of Appeals. Judge Hardiman was nominated during 
     the last Congress, and a hearing was held on November 14, 
     2006. The Senate, however, did not act on his nomination 
     prior to adjournment of the 109th Congress. President

[[Page S3189]]

     Bush re-nominated Judge Hardiman on January 9, 2007 and his 
     nomination was reported out of Committee favorably on March 
     8, 2007.
       Judge Hardiman has an impressive resume and strong 
     bipartisan support in the Commonwealth of Pennsylvania. He 
     received his B.A. from the University of Notre Dame in 1987 
     and his J.D. from Georgetown University Law Center in 1990. 
     He served on the Georgetown Law Journal as an Associate 
     Editor and as a Note and Comment Editor.
       After law school, Judge Hardiman joined the Washington, DC, 
     office of Skadden, Arps, Slate, Meagher, & Flom as an 
     associate in their litigation group. In 1992, Judge Hardiman 
     moved to Pittsburgh and joined the litigation group of 
     Cindrich & Titus, which later became Titus & McConomy. In 
     1996, he was elected partner. In 1999, Judge Hardiman joined 
     the law firm of Reed Smith, also in Pittsburgh, as a partner.
       In 2003, Judge Hardiman was nominated to be a U.S. District 
     Judge for the Western District of Pennsylvania. On October 22 
     of that year, the Senate confirmed him to that position by 
     voice vote. Throughout his legal career, he has taken time to 
     give back to the people of Pennsylvania, most notably through 
     his active involvement in Big Brothers and Big Sisters of 
     Greater Pittsburgh, of which he is a past president.
       The American Bar Association unanimously rated Judge 
     Hardiman ``well qualified.'' The vacancy to which Judge 
     Hardiman is nominated has been designated a ``judicial 
     emergency'' by the nonpartisan Administrative Office of the 
     Courts.
       Lawyers and judges who know Judge Hardiman best believe he 
     is the right choice to succeed for Judge Richard L. Nygaard. 
     Timothy Lewis, a Pittsburgh native and former Third Circuit 
     judge, recently praised this nomination. Judge Lewis, who 
     considers himself pro-choice and a civil rights activist, 
     emphasized the consensus nature of this nomination: He said 
     ``[t]his is the perfect opportunity--gift wrapped, signed, 
     sealed and delivered--for both [parties] to work together.'' 
     He reiterated his belief that ``[t]here is absolutely no way 
     anyone is going to find a more moderate candidate who is 
     completely noncontroversial'' and that Judge Hardiman ``is 
     the quintessential perfect judicial nomination for the 3rd 
     Circuit.''
       I urge all my colleagues to join me and Senator Casey in 
     supporting this fine nominee.

Statement of Senator Arlen Specter on the Nomination of Otis D. Wright, 
  II to the United States District Court for the Central District of 
                               California

       Mr. President, I seek recognition today to support the 
     nomination of Judge Otis D. Wright, II of California to be a 
     district court judge in the United States District Court for 
     the Central District of California.
       Judge Wright was nominated to the District Court for the 
     Central District of California during the last Congress; 
     however, the Senate did not act on his nomination prior to 
     adjournment of the 109th Congress.
       President Bush re-nominated Judge Wright on January 9, 
     2007. A hearing was held on his nomination on February 6 and 
     the Judiciary Committee favorably reported him to the floor 
     on March 1.
       Judge Wright has dedicated much of his life to public 
     service. He is a veteran of the Marine Corps and served for 
     eleven years in the Los Angeles County Sheriff's Department. 
     He also has considerable experience as a prosecutor.
       Judge Wright received his B.S. from California State 
     University of Los Angeles in 1976 and his J.D. from 
     Southwestern School of Law in 1980.
       Prior to receiving his B.S., he served as a sergeant in the 
     U.S. Marine Corps from 1963-1969. From 1969 to 1980, 
     including his time in law school, Judge Wright served as a 
     deputy sheriff in Los Angeles.
       After law school, Judge Wright took a position as Deputy 
     Attorney General in the Criminal Appeals Section of the 
     California Department of Justice. During his three years in 
     the office, he handled approximately 200 appeals before the 
     Court of Appeals and the California Supreme Court.
       In 1983, Judge Wright joined the Los Angeles office of 
     Wilson, Elser, Moskowitz, Edelman and Dicker LLP.
       As a partner in the firm, he handled all aspects of 
     insurance law including, drafting of policies and reinsurance 
     treaties, providing coverage options, auditing insurance 
     company claims departments, defending insurance companies in 
     direct actions by insureds for bad-faith, and defending 
     insureds on a wide variety of matters.
       On October 28, 2005, Governor Arnold Schwarzenegger 
     appointed Judge Wright to the California Superior Court for 
     the County of Los Angeles. Judge Wright is assigned to the 
     Substance Abuse Court where he handles driving under the 
     influence (DUI) arraignments, pre-trial, motions, and 
     sentencing. He also monitors three drug diversion programs 
     for felony drug possession offenders, including probation 
     violation sentencing hearings.
       The American Bar Association has unanimously rated Judge 
     Wright ``qualified.''
       The vacancy to which Judge Wright is nominated has been 
     designated a ``judicial emergency'' by the nonpartisan 
     Administrative Office of the Courts. The people of California 
     will be grateful to see this vacancy filled so that litigants 
     do not suffer from unnecessary delays.
       I urge my colleagues to join me in supporting this fine 
     nominee.
                                  ____


 Statement of Senator Arlen Specter on the Nomination of John Preston 
 Bailey to be a United States District Judge for the Northern District 
                            of West Virginia

       Mr. President, I seek recognition today to support the 
     nomination of John Preston Bailey to the United States 
     District Court for the Northern District of West Virginia.
       Mr. Bailey was nominated during the last Congress, but a 
     hearing was not held on his nomination in the Judiciary 
     Committee prior to the adjournment of the 109th Congress.
       President Bush re-nominated Mr. Bailey in the 110th 
     Congress on January 9, 2007. A hearing was held on the 
     nomination on February 6, 2007 and it was unanimously 
     reported out of the Judiciary Committee on March 1, 2007.
       Mr. Bailey is a highly regarded attorney in his home state 
     of West Virginia where his qualifications are well known. He 
     received his Bachelor of Arts degree from Dartmouth College 
     in 1973 and received his Juris Doctorate degree from the West 
     Virginia University College of Law in 1976.
       Upon graduating from law school, he clerked for two years 
     in the chambers of Judge Charles H. Haden, II, on the U.S. 
     District Court for the Southern District of West Virginia.
       Following his clerkship, Mr. Bailey returned home to 
     Wheeling, West Virginia, to join the law firm Bailey, Riley, 
     Buch & Harman, where he remains today.
       Mr. Bailey has had an impressive career as a general 
     practitioner. He has handled a diverse civil caseload ranging 
     from personal injury and mass toxic tort defense to complex 
     construction litigation and bankruptcy matters.
       In addition to his civil docket, he has served as the Ohio 
     and Marshal County Assistant Prosecutor. In that capacity he 
     has handled the full spectrum of criminal matters.
       The American Bar Association has rated unanimously Mr. 
     Bailey ``Qualified.''
       The vacancy to which Mr. Bailey is nominated has been 
     designated a ``judicial emergency'' by the nonpartisan 
     Administrative Office of the Courts, underscoring how 
     pressing it is that we act to fill the vacancy.
       I urge my colleagues to join me in supporting this fine 
     nominee.

  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, the Senator from Pennsylvania said we are 
considering the nomination of Thomas Hardiman to a seat on the U.S. 
Court of Appeals for the Third Circuit that has been designated a 
judicial emergency by the Administrative Office of the U.S. Courts.
  In 2003, the Senate confirmed Judge Hardiman to the District Court 
for the Western District of Pennsylvania at the age of 37. Four years 
later, and now 41 years old, Judge Hardiman is before the Senate for 
confirmation to lifetime tenure on the United States Court of Appeals 
for the Third Circuit. Out of deference to the home state Senators, 
Senator Specter and Senator Casey, I support this nomination.
  I only wish President Clinton's nominees, many of whom had a long 
record of accomplishment, had received the treatment we are according 
this nominee. Instead, highly qualified nominees, such as Elena Kagan, 
now Dean of the Harvard Law School, and Allen Snyder, who served as a 
clerk to Justice Rehnquist and was an experienced and respected 
litigator, were left without consideration for years. No questions were 
raised about their qualifications, as there have been for so many of 
President Bush's nominations. The fact is that during President 
Clinton's last two years, Senate Republicans refused to consider more 
than half of his appellate court nominees. They were just blocked, 
pocket filibustered with impunity.
  Last Congress, we wasted enormous time and energy with controversial 
nominees. Now, a Democratic Congress has taken a better path and the 
high road.
  Judge Hardiman has been nominated to a seat on the Third Circuit 
after serving as a Federal district court judge for four years. Before 
arriving on the bench, Judge Hardiman was a lawyer in private practice, 
where he worked for 13 years. In 1990, Judge Hardiman began his legal 
career as an Associate at the law firm of Skadden, Arps, Slate, Meagher 
& Flom in Washington, DC. From 1992 to 2003, he engaged in the private 
practice of law in Pittsburgh, PA, first as a partner at the law firm 
of Titus & Cindrich--now Titus & McConomy, LLP--and later as a partner 
at Reed Smith, where he specialized in real estate, contracts, 
securities, and constitutional law.
  Judge Hardiman graduated from the University of Notre Dame in 1987, 
and received his law degree from my alma mater the Georgetown 
University Law

[[Page S3190]]

Center, in 1990, where he served on the Georgetown Law Journal as a 
Notes and Comments Editor.
  I thank both home State Senators for their support of this nominee. I 
know Senator Specter, who has been a strong advocate for Judge Hardiman 
on the Committee, will welcome his confirmation. I also thank Senator 
Casey for his support, and for considering and approving this nominee 
so quickly after taking office.
  With this confirmation, the Senate continues to make significant 
progress in this Congress on nominations for lifetime appointments to 
the Federal bench. We continue to put the lie to the alarmist rhetoric 
of some on the other side of the aisle by proceeding promptly and 
efficiently.
  This session of Congress, the Senate has already confirmed 10 
judicial nominations, including the nomination of Norman Randy Smith to 
the Court of Appeals for the Ninth Circuit. And now the Senate stands 
poised to confirm a Second Circuit court nomination and will likely 
have confirmed 13 judges by the end of the day.
  The treatment of President Bush's judicial nominees in a Democratic 
Congress stands in stark contrast to the fate of many of President 
Clinton's nominees, who were blocked and delayed by the Republican 
majority. In the 1996 session, a Republican-controlled Senate confirmed 
only 17 of President Clinton's nominees--this year, we have already 
reported 15 nominees out of committee in just 3 months. In 1996, not a 
single judge was confirmed to the circuit courts--not one. This 
nomination is already the second confirmed this year. In all, more than 
60 of President Clinton's judicial nominees were defeated in Senate 
committees through pocket filibusters and practices that Republicans 
then abandoned as soon as there was a Republican in the White House.
  Regrettably, the Administrative Office of the U.S. Courts lists 50 
judicial vacancies, yet the President has sent us only 20 nominations 
for these vacancies. Thirty of these vacancies-more than half-have no 
nominee. Of the 22 vacancies deemed by the Administrative Office to be 
judicial emergencies, the President has yet to send us nominees for 16 
of them. That means more than two-thirds of the judicial emergency 
vacancies are without a nominee.
  I would rather see us work together in the selection of nominees so 
that we can confirm judges rather than spend time fighting about them.
  I congratulate Judge Hardiman, and his family, on his confirmation 
today.

                          ____________________