[Congressional Record Volume 156, Number 38 (Tuesday, March 16, 2010)]
[Senate]
[Pages S1574-S1575]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXTENSION OF MORNING BUSINESS

  Mr. WARNER. I thank my colleague from Colorado. I ask unanimous 
consent that 7 minutes of morning business be added to each side and at 
the end of that time, the Senate stand in recess as provided for under 
the previous order. I thank my colleagues on the other side for their 
courtesy.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Alaska.
  Mr. President, I am pleased to join my colleagues on the floor today 
to discuss what none of us are the least bit happy to see happening in 
the U.S. Senate.
  We were sent here by the people of our States to get work done. This 
means passing legislation and overseeing the work of Federal agencies.
  It is difficult, if not impossible, for Federal agencies to do the 
work Congress and the American people want them to do if they spend 
months--in some cases, years--leaderless. It is impossible for them to 
do their work if they can hope that a momentary peace will break out in 
the Senate to allow for confirmation of the presidential designee for 
their respective agency.
  As Senators, we are endowed with a constitutional responsibility to 
lend our advice and consent to the men and women a President nominates 
to run agencies and parts of agencies.
  Career civil servants can do a lot. We would be lost without them. 
But they do not have the authority, or the accountability to Congress 
and the American people to accomplish what a President selects them to 
do.
  Yet many of our colleagues on the other side of the aisle would deny 
President Obama any of his nominees. I believe a President--the current 
President or any future President with whom I am lucky enough to 
serve--is due a great deal of deference in his or her selections for 
Senate-confirmable positions.
  For our Republican colleagues, it would seem there is a belief that 
the Federal Government should just not function, certainly any 
government led by President Obama.
  We have seen the slow-walking, the indefinite--and indefensible--
holds on nominations for crucial national security positions. Only when 
Armed Services Chairman Levin took the unusual step of embarrassing 
colleagues who were placing a hold for their home State politics did a 
number of important nominees get reported out of our committee.
  There is still a hold by one of our Republican colleagues--
unbelievable as it may seem--on the promotion of an Army general while 
our Nation is involved in two wars.
  But the problem and the cynicism of Republican obstructionism is seen 
nowhere as obviously as in the judiciary. There are currently 103 
Federal judge vacancies.
  Several nominees reported out of the Judiciary Committee have been 
denied votes in the Senate by Republican ostructionism for almost 200 
days. In some cases the judicial seat to be filled has been vacant for 
years.
  It is clear that--even if they are in denial about who was elected in 
2008--

[[Page S1575]]

our Republican colleagues have their sights set on 2012 and beyond, 
when they hope to have a huge number of Federal court vacancies to be 
filled by a President more to their liking.
  Obstruction of nominees hurts the functioning of the government our 
colleagues have strived to be part of. If they continue to block 
qualified nominees, our Republican colleagues only further demonstrate 
their unwillingness to perform the duties for which they were elected 
and prove their disdain for the constitutional responsibilities with 
which they have been entrusted.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, let me thank Senator Warner for organizing 
this presentation to point out the abuses the minority has used in 
blocking the responsibility of the Senate to confirm appointments made 
by the President. I believe in the right of the minority. At times, it 
needs to be exercised. But it has been abused. The American people need 
to know that because it is affecting their rights and the ability of 
agencies and the courts to protect the rights of Americans.
  Let me cite one number: 60 individuals the President has nominated 
for important offices have been blocked in their confirmation votes on 
the Senate floor even though their nominations were approved by the 
committees either by voice vote or unanimous vote or by significant 
supermajorities. These are just being delayed, when we now know the 
final outcome will be approval. As a result, Americans are being denied 
judges on the courts and administrators who can help enforce their 
rights.
  We have already heard the circumstances about our courts, how we have 
had to take to a cloture vote, which means floor time, for the 
nomination of Judge Keenan, who received 99 votes and no one in 
opposition. We have two vacancies on the Fourth Circuit right now. 
These appointments have been approved overwhelmingly by the Judiciary 
Committee--Albert Diaz and James Wynn--by votes of 19 to 0 and 18 to 1. 
They have the support of Senators Burr and Hagan. Yet they have still 
not been brought to the floor for a vote. That represents a 20-percent 
vacancy on the Fourth Circuit, denying the people of my region their 
full representation on the appellate court.
  We are very proud of legislation we have passed to help the 
disabled--the ADA law--to guarantee gender pay equity with the Lilly 
Ledbetter law, and genetic discrimination prohibition legislation. But 
it takes the EEOC to enforce those rules. President Obama has submitted 
four nominees for the EEOC. They have been approved by the committee by 
voice votes, which means they are not controversial. Yet we cannot 
bring those nominations to the floor for quick action because 
Republicans are abusing their rights to hold up action on the floor of 
the Senate to carry out our constitutional responsibilities to act on 
the President's nominations.
  This is denying the people of America the protections they are 
entitled to by the courts and by agencies. It is wrong. It is time for 
this practice to end.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Begich). The Senator from Arizona.
  Mr. KYL. I ask unanimous consent to speak for 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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