[Congressional Record Volume 153, Number 175 (Tuesday, November 13, 2007)]
[Senate]
[Pages S14238-S14240]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF ROBERT M. DOW, JR., TO BE UNITED STATES DISTRICT JUDGE 
                 FOR THE NORTHERN DISTRICT OF ILLINOIS

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to executive session to consider the following 
nomination, which the clerk will report.
  The legislative clerk read the nomination of Robert M. Dow, Jr., to 
be United States District Judge for the Northern District of Illinois.
  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 10:10 a.m. shall be equally divided between the leaders and their 
designees.
  The Senator from Illinois.
  Mr. DURBIN. Mr. President, I wish to thank Senator Reid and Senator 
Leahy, Chairman of the Senate Judiciary Committee, for bringing Robert 
Dow up for a vote this morning in the Senate. I enthusiastically 
support his nomination. If confirmed, he will fill a Federal District 
Court vacancy in Chicago that has been pending for over a year.
  Robert Dow is an outstanding lawyer and an outstanding person. We 
have a process in Illinois that has worked almost flawlessly for the 
last 11 years, where we have bipartisan cooperation in screening 
judicial candidates. We have had the cooperation of the White House and 
leaders on both sides of the aisle, and we have not run into a problem. 
Robert Dow is the latest example.
  Mr. Dow was recommended for this position by former Speaker of the 
House Dennis Hastert, the Republican leader in our delegation, with the 
understanding he faced a veto from myself or Senator Obama if we 
objected. Having met the man, having reviewed his background, there is 
no objection. He is an extraordinarily gifted and talented person.
  He is a partner at one of Chicago's largest and most prestigious law 
firms--Mayer Brown--and he has been named as one of the 21 leading 
lawyers in the United States in the field of telecom, broadcast, and 
satellite.
  There are many things you can say about Robert Dow, but I think there 
is one that stands out, as I reflect on what he had to say to us. 
Robert Dow has received an accolade that is noteworthy. In 2004, he 
received the annual Pro Bono Service Award from his law firm, which has 
over 1,500 attorneys, for his personal commitment to unpaid legal work 
to help those less fortunate.
  That means a lot to me. It says he understands that being an attorney 
is not just a job, it is a profession, and a profession carries with it 
social responsibilities. His willingness to help the disadvantaged went 
a long way in convincing me he will bring to the court the kind of 
temperament and values which are so important.
  The nomination of Robert Dow is a tribute to the successful 
bipartisan approach and the fact both parties look forward to his 
tenure on the Federal bench and the contributions he will make. Speaker 
Hastert, Senator Obama, and I stand today excited about the prospect 
that Mr. Dow will soon fulfill this vacancy, which has been there for 
too long.
  I ask my colleagues to join me in supporting Mr. Dow to be a district 
court judge in the Northern District of Illinois.
  I yield the floor.
  Mr. LEAHY. Mr. President, the Senate continues, as we have all year, 
to make progress filling judicial vacancies when we have the 
cooperation of the White House. The nomination before us today for a 
lifetime appointment to the Federal bench is Robert Michael Dow, Jr., 
for the Northern District of Illinois. He has the support of both home-
State Senators. I thank Senators Durbin and Obama for their work in 
connection with this nomination.
  After we consider the confirmation of this nominee today, the Senate 
will have confirmed 35 nominations for lifetime appointments to the 
Federal bench this session alone. That matches the total number of 
judges confirmed for 2004. It exceeds the total number of judicial 
nominations that a Republican-led Senate confirmed in all of 1999, 2005 
or 2006 with a Republican majority; all of 1989; all of 2001; all of 
1983, when a Republican-led Senate was considering President Reagan's 
nominees; all of 1993, when a Democratic-led Senate was considering 
President Clinton's nominees; and, of course, the entire 1996 session 
during which a Republican-led Senate did not confirm a single one of 
President Clinton's circuit nominees.
  Already this year, we have confirmed five circuit judges to the 
Federal

[[Page S14239]]

bench, including the nominations of Judge Jennifer Walker Elrod and 
Judge Leslie Southwick who became the fourth and fifth circuit court 
nominees we confirmed so far this year. That matches the total number 
of circuit court judges confirmed in all of 1989 and all of 2004, when 
a Republican-led Senate was considering this President's nominees. It 
matches the number of President Clinton's circuit court nominations 
confirmed by this time in 1999 with a Republican-led Senate and is five 
more than the Republican-led Senate confirmed in the entire 1996 
session. That was the session in which not a single circuit court 
nominee was confirmed. It is more than were confirmed in the entire 
1983 and 1993 sessions.
  When this nomination is confirmed today, the Senate will have 
confirmed 135 total Federal judicial nominees in my tenure as Judiciary 
Chairman. During the Bush Presidency, more circuit judges, more 
district judges--more total judges--were confirmed in the first 24 
months that I served as Judiciary chairman than during the 2-year 
tenures of either of the two Republican chairmen working with 
Republican Senate majorities.
  The Administrative Office of the U.S. Courts will list 47 judicial 
vacancies and 14 circuit court vacancies after today's confirmations. 
At the end of the 109th Congress, the total vacancies when Republicans 
controlled the Senate were 51 judicial vacancies and 15 circuit court 
vacancies. Despite the additional 5 vacancies that arose before the 
start of the 110th Congress, the current vacancy totals under my 
chairmanship of the Judiciary Committee are below where they were under 
a Republican led-Judiciary Committee.
  The President has sent us only 21 nominations for these remaining 
vacancies. Twenty-six of these vacancies--more than half--have no 
nominee. Of the 17 vacancies deemed by the Administrative Office to be 
judicial emergencies, the President has yet to send us nominees for 
nine, more than half of them. Of the 14 circuit court vacancies, six--
nearly half--are without a nominee. If the President would decide to 
work with the Senators from Michigan, Rhode Island, Maryland, 
California, New Jersey, and Virginia, we could be in position to make 
even more progress.
  Of the 26 vacancies without any nominee, the President has violated 
the timeline he set for himself at least 18 times--18 have been vacant 
without so much as a nominee for more than 180 days. The number of 
violations may in fact be much higher since the President said he would 
nominate within 180 days of receiving notice that there would be a 
vacancy or intended retirement rather than from the vacancy itself. We 
conservatively estimate that he also violated his own rule 7 times in 
connection with the nominations he has made. That would mean that with 
respect to the 47 vacancies, the President is out of compliance with 
his own rule more than half of the time.
  Today we consider the nomination of Robert Michael Dow, Jr. He is a 
partner at the law firm of Mayer, Brown, Rowe & Maw, LLP, where he has 
worked almost his entire career. He received his B.A. from Yale 
University where he graduated summa cum laude and his J.D. from Harvard 
Law School where he graduated cum laude. A Rhodes Scholar, Mr. Dow 
earned a master and doctorate degrees from Oxford University. Mr. Dow 
also served as a law clerk to Judge Joel M. Flaum on the United States 
Court of Appeals for the Seventh Circuit.
  I congratulate the nominee and his family on his confirmation today.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. OBAMA. Mr. President, I rise to express my support for the 
confirmation of Robert M. Dow, Jr. to the U.S. District Court for the 
Northern District of Illinois.
  I am very pleased that this nomination has continued the bipartisan 
approach to filling judgeships in the Federal district courts--an 
approach that has served Illinois well.
  Mr. Dow has an impressive record of professional achievement and an 
admirable commitment to public service. He has demonstrated fairness, 
decency, integrity, and a strong personal character that I expect will 
benefit the people of Illinois and all those with cases before the 
Northern District.
  Most recently, Mr. Dow was a partner at the Chicago law firm of Mayer 
Brown. He earned his B.A. from Yale University where he graduated Phi 
Beta Kappa in 1987, and his J.D. from Harvard Law School, where he 
graduated cum laude in 1993. Mr. Dow was also a Rhodes Scholar who 
received degrees in international relations from Oxford University.
  Mr. Dow has also distinguished himself in his professional career, 
where he has received a number of honors and accolades. Mr. Dow has 
been named a ``leading lawyer'' 5 years in a row by Chambers USA Guide 
to America's Leading Business Lawyers. He has been listed the past 2 
years as an Illinois Super Lawyer in appellate law, and by the Best 
Lawyers in America in communications law. Mr. Dow also received an 
award for excellence in undergraduate teaching when he served as a 
teaching fellow at Harvard University.
  Importantly, Mr. Dow has also been an engaged member of the Chicago 
community. In 2003, he served as a fellow for Leadership Greater 
Chicago, which stresses the development of community awareness and 
partnerships among leaders in the city. He is also an active member in 
a number of legal and academic associations as well as in his church.
  Finally, Mr. Dow has a track record of personal commitment to pro 
bono service. Early in his career, he provided aid and advice to 
nonprofit organizations and a local court. Over the years, Mr. Dow has 
volunteered hundreds of hours to pro bono service, and continues to do 
so. He recently earned his firm's annual pro bono award. This kind of 
public service is essential to our legal system. When legal 
professionals provide voluntary expert legal counsel to those who 
cannot afford it, it shores up the integrity of our Nation's justice 
system.
  It is good news for Illinois that Robert Dow will be joining the 
district court. I thank him in advance for his service and congratulate 
him on his confirmation today.
  Mr. DURBIN. Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second? There 
appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Robert M. Dow, Jr., to be a U.S. district court judge for the 
Northern District of Illinois.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from New York (Mrs. Clinton), the Senator from Connecticut 
(Mr. Dodd), the Senator from Missouri (Mrs. McCaskill), the Senator 
from Illinois (Mr. Obama), and the Senator from Vermont (Mr. Sanders) 
are necessarily absent.
  Mr. LOTT. The following Senators are necessarily absent: the Senator 
from North Carolina (Mr. Burr), the Senator from Oklahoma (Mr. Coburn), 
the Senator from Idaho (Mr. Crapo), the Senator from Nevada (Mr. 
Ensign), the Senator from Oklahoma (Mr. Inhofe), the Senator from 
Florida (Mr. Martinez), the Senator from Arizona (Mr. McCain), and the 
Senator from Kansas (Mr. Roberts).
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 86, nays 0, as follows:

                      [Rollcall Vote No. 408 Ex.]

                                YEAS--86

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     DeMint
     Dole
     Domenici
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune

[[Page S14240]]


     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--14

     Biden
     Burr
     Clinton
     Coburn
     Crapo
     Dodd
     Ensign
     Inhofe
     Martinez
     McCain
     McCaskill
     Obama
     Roberts
     Sanders
  The nomination was confirmed.
  The ACTING PRESIDENT pro tempore. Under the previous order, the 
motion to reconsider is laid on the table. The President will be 
immediately notified of the Senate's action.

                          ____________________