[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
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NOMINATION OF JOHN PRESTON BAILEY TO BE U.S. DISTRICT JUDGE FOR THE
NORTHERN DISTRICT OF WEST VIRGINIA
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NOMINATION OF OTIS D. WRIGHT II TO BE U.S. DISTRICT JUDGE FOR THE
CENTRAL DISTRICT OF CALIFORNIA
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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.
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