[Congressional Record Volume 156, Number 28 (Tuesday, March 2, 2010)]
[Senate]
[Pages S909-S910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
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NOMINATION OF BARBARA MILANO KEENAN TO BE UNITED STATES CIRCUIT JUDGE
FOR THE FOURTH CIRCUIT--Continued
Mr. DODD. Mr. President, I ask for the yeas and nays on the pending
nomination.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
Under the previous order, the question is, Will the Senate advise and
consent to the nomination of Barbara Milano Keenan of Virginia to be
United States Circuit Judge for the Fourth Circuit.
The Senator from Vermont.
Mr. LEAHY. Mr. President, I ask unanimous consent that each side be
allowed 1 minute before the vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, as with so many other nominations before
the Senate, Justice Keenan has waited an extraordinary amount of time
to be confirmed. Her nomination was reported without dissent by the
Judiciary Committee more than 4 months ago. The unprecedented pattern
of delay and obstruction by Senate Republicans on issue after issue--
over 100 filibusters last year--has affected 70 percent of all Senate
action. We have to file cloture just to bring up a noncontroversial
matter.
In addition to the Keenan nomination, 10 judicial nominations that
received bipartisan support are being delayed. The Senate can almost
double the total number of judicial nominations confirmed by stopping
the filibusters--by not requiring that and vote up or down.
Americans elect us to vote yes or no, not to vote maybe, and when you
have a filibuster, you vote maybe. We ought to have the guts to vote
yes or vote no.
The nomination of Justice Barbara Keenan of Virginia to the Fourth
Circuit is noncontroversial. She should have been confirmed long ago.
She has the support of her home State Senators and that of Virginians
from both parties, and many others. She was approved unanimously by the
Senate Judiciary Committee over four months ago. As I predicted, and as
the Senators from Virginia predicted, the Senate unanimously voted to
end the filibuster of this nomination, 99-0. No member of the Senate
has spoken in opposition to her nomination. There is no reason she
should not be confirmed unanimously.
Despite the overwhelming support for Justice Keenan, the Senate's
consideration of her nomination was filibustered by Senate Republicans.
Just as one Senator has objected to passing unemployment insurance and
COBRA benefits and Medicare payments for doctors and extending the
Satellite Home Viewer Act, Republicans refused to agree to debate and
vote on the nomination of Justice Keenan. In fact, they have refused to
consider any judicial nominations for the last three weeks. Delay and
obstruction, obstruction and delay. Even for nominations that will be
confirmed unanimously.
The Senate is far behind where we should be in helping to fill
judicial vacancies. Vacancies have skyrocketed to more than 100, and
more have been announced. We need to do better. The American people
deserve better.
Instead of time agreements and the will of the majority, the Senate
is faced with requiring cloture petitions and 60 votes to overcome a
filibuster on issue after issue. In addition to the Keenan nomination,
10 judicial nominations that received strong bipartisan support in the
Judiciary Committee--including seven that were reported without
dissent--should be considered without delay. Debate should be
scheduled, and votes taken on each of 14 judicial nominees stalled who
have already been considered and favorably reported by the Judiciary
Committee. Only 15 Federal circuit and district court judges have been
considered by the Senate during President Obama's 13 months in office.
By this date during President Bush's first term, the Senate had
confirmed 39 judicial nominees. The Senate can almost double the total
number of judicial nominations it has confirmed by considering the
other judicial nominees already before the Senate awaiting final
action. We should do that now, without more delay, without additional
obstruction.
In December, I made several statements in this chamber about the need
for progress on the nominees reported by the Senate Judiciary
Committee. I also spoke repeatedly to Senate leaders on both sides of
the aisle and made the following proposal: Agree to immediate votes on
those judicial nominees that are reported by the Senate Judiciary
Committee without dissent, and agree to time agreements to debate and
vote on the others. I, again, urge Senate Republicans to reconsider
their strategy of obstruction and allow prompt consideration of all 14
judicial nominees currently awaiting final Senate consideration. There
is no need for these to be dragged out week after week, month after
month, with only a single nominee being considered every several weeks.
End the blockage of this President's nominees and vote on them.
I congratulate Justice Keenan on her confirmation today. I look
forward to the time when the 13 additional judicial nominees being
stalled are released from the holds and objections that are preventing
votes on their confirmations.
The PRESIDING OFFICER. Who yields time in opposition?
The Senator from Alabama is recognized.
Mr. SESSIONS. Mr. President, after all we have done to work with the
distinguished chairman of the Judiciary Committee, he still complains.
I am amazed.
This nominee seems to be a solid nominee. The President has due
deference on nominees, and I think she should be confirmed and I will
support her. But President Bush's nominees, for example, to the circuit
courts, waited an average of 350 days from nomination to confirmation.
And that was just the average. President Obama's circuit nominees have
been confirmed, on average, 100 days faster.
Indeed, some of President Bush's nominees to the circuit courts even
received a hearing, despite being highly qualified and highly rated
nominees.
[[Page S910]]
The majority of President Bush's first nominees waited years for
confirmation--the first group he put up.
But besides that, as I told the chairman, I hope to end the tit-for-
tats on this issue. He is having a good record of moving nominees who
are good, and the ones who are opposed on this side will be vigorously
opposed. But this nominee is qualified, and I support the nominee and
urge my colleagues to do so.
I yield the floor.
The PRESIDING OFFICER. The yeas and nays have been ordered.
The clerk will call the roll.
The bill clerk called the roll.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Texas (Mrs. Hutchison).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 99, nays 0, as follows:
[Rollcall Vote No. 30 Ex.]
YEAS--99
Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Bond
Boxer
Brown (MA)
Brown (OH)
Brownback
Bunning
Burr
Burris
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dodd
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Franken
Gillibrand
Graham
Grassley
Gregg
Hagan
Harkin
Hatch
Inhofe
Inouye
Isakson
Johanns
Johnson
Kaufman
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Levin
Lieberman
Lincoln
Lugar
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NOT VOTING--1
Hutchison
The nomination was confirmed.
The PRESIDING OFFICER. The motion to reconsider is considered made
and laid upon the table. The President will be immediately notified of
the Senate's action.
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