[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

                                 ______
                                 

 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.

                          ____________________