[Congressional Record Volume 156, Number 56 (Tuesday, April 20, 2010)]
[Senate]
[Pages S2457-S2460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               In Praise of Dorothy Metcalf-lindenburger

  Mr. KAUFMAN. Madam President, I rise today to speak once more about 
our Nation's great Federal employees.
  Forty-nine years ago, President Kennedy stood before Congress and 
offered a bold profession of his faith in American innovation. 
Convening a special joint session to share with the American people his 
plans for economic recovery and global leadership, President Kennedy 
challenged us to reach the Moon in 9 years. He reminded us that leading 
the way in exploring space was central to leading a vibrant innovation 
economy, and that the causes of economic recovery and national security 
would benefit from investing in a Moon shot, and that the newly free 
around the world, caught between East and West, would draw inspiration 
from such a difficult mission undertaken by a free people. He 
challenged us to reach the Moon in 9 years. We made it there in 8 
years.
  Kennedy's call echoed a timeless adage: ``Ad Astra Per Aspera''--to 
the stars through rough times.
  When we are faced with difficult challenges, we look for inspiration 
beyond the bounds of our farthest frontier. We can choose, despite 
uncertainty, to be forward looking and set lofty goals. That, more than 
anything, is the mission of those great Federal employees who work at 
the National Aeronautic and Space Administration, NASA.
  I was among those called to the study of engineering in the late 
1950s during the years of Sputnik and the start of the space station. 
We benefited not only from the amount of investment the government was 
making in STEM fields, but also by the strong sense of purpose the 
space program inspired in all of us.
  America's reach into space is intricately linked with our need to 
train the next generation of scientists, engineers, technologists, and 
mathematicians who will drive our 21st century innovation economy, and 
I know there is no one in the Senate any more committed to STEM 
education than the Presiding Officer.
  That is why I have chosen this week to honor a great Federal employee 
from NASA who spent the last 2 weeks orbiting the Earth on STS-131 and 
has dedicated her career to promoting STEM education.
  Dorothy Metcalf-Lindenburger is one of NASA's new educator 
astronauts. A native of Fort Collins, CO, Dottie, as she is called, 
took an unusual path to space. As a child, Dottie was always fascinated 
with astronomy and space exploration. When she narrowly lost a contest 
to win a free trip to space camp, her parents saved up enough money for 
her to go. It turned out to be an excellent investment not only in 
their daughter's future, but also in the many students Dottie has 
inspired.
  Dottie pursued her love of science at Whitman College, where she 
majored in geology. She began teaching Earth science and astronomy at 
Hudson's Bay High School in Vancouver, WA, in 1999. In her 5 years 
there as a science teacher, she won awards for achievement. An avid 
marathon runner, Dottie also coached the school's cross-country team.
  In 2003, one of her students asked a question that would change her 
life. The student curiously asked: How do

[[Page S2458]]

astronauts use the bathroom in space? When Dottie went on line to 
research the answer for her student, she discovered on NASA's Web site 
a recruitment call for teachers to join the space program. She jumped 
at the chance, though it was a long shot. Over 8,000 teachers 
applied. Dottie was one of three who made it and is currently NASA's 
youngest active astronaut.

  She joined NASA in 2004 and began the rigorous, 2-year Astronaut 
Candidate Training. Dottie learned how to fly jets and operate complex 
space shuttle and International Space Station systems. She undertook 
scientific and technical briefings, engaged in physiological training, 
and practiced water and wilderness survival skills. As an educator 
astronaut, Dottie works with NASA's education program, helping to 
develop new ways to bring space and STEM subjects into the classroom 
and inspiring girls and boys alike to follow in her footsteps by 
studying science.
  When she is not training to be a mission specialist on the shuttle, 
running a marathon, or singing lead vocals for an astronaut band, 
Dottie is also inspiring her own daughter. She and her husband Jason, 
who is a history teacher, have taught their 3-year-old daughter, 
Cambria, how to sing ``Twinkle, Twinkle, Little Star'' and other songs 
about the Sun and the Moon.
  On April 5, Dottie and the rest of the crew of Discovery's STS-131 
mission lifted off from Cape Canaveral for a 2-week trip to the 
International Space Station. Dottie's primary tasks were overseeing the 
transition of the station's computers to a new Ethernet network and 
orchestrating the space walks conducted by two of her colleagues. She 
also recorded a video to help promote robotics, science, and 
engineering.
  Dottie sees her role as a teacher for all, helping to make science 
exciting for adults and children alike. She and her husband even built 
a telescope that they brought on summer vacation, and wherever they 
stopped they would encourage people to look through it at objects like 
Jupiter or the Moon.
  She said, ``Wherever we go out in our solar system, from a teaching 
standpoint, I really hope that students are engaged in learning math 
and science. We should always try to be a leader in this.''
  America's astronauts--like Dottie--carry out important work with far-
reaching impact.
  Once again we find ourselves as a nation in difficult times, just as 
we were when President Kennedy challenged us to look skyward.
  Just last week, President Obama laid out his vision for the future of 
American space exploration. No matter what their next mission, it will 
be carried out by NASA employees.
  The outstanding public servants at NASA give flight to our dreams and 
remind us that, in America, when we will it, there is no impediment to 
grand achievement.
  ``Ad Astra Per Aspera.'' Let us look once more, in these rough times, 
to the stars--to the limits of space and those who would take us there.
  Let us recommit ourselves to inspiring students, just as astronauts 
like Dottie do each day, to study science, math, engineering, and 
technology in pursuit of innovation in space and here on Earth.
  I hope my colleagues will join me in thanking Dorothy Metcalf-
Lindenburger and her crewmates from STS-131 for their hard work and 
contribution. We welcome them home.
  They are all truly great Federal employees.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. KAUFMAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KAUFMAN. Madam President, I ask unanimous consent that the time 
during the quorum call be divided equally between the two sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KAUFMAN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. AKAKA. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Kaufman). Without objection, it is so 
ordered.
  Mr. AKAKA. Mr. President, I rise to speak in support of Marisa Demeo 
to be an associate judge in the District of Columbia Superior Court. I 
chaired her nomination hearing before the Committee on Homeland 
Security and Governmental Affairs and believe she is a very well-
qualified candidate.
  Since 2007, she has served as a magistrate judge of the DC Superior 
Court. Prior to that, she was an assistant U.S. attorney for the 
District of Columbia, prosecuting criminals on behalf of the Federal 
Government.
  Judge Demeo also worked as an attorney for the Mexican-American Legal 
Defense and Education Fund, an organization that provides legal 
services to individuals of Hispanic descent. She received her 
bachelor's degree from Princeton University and her J.D. from the New 
York University Law School.
  Candidates from the DC Superior Court are identified by the 
nonpartisan Judicial Nomination Commission, which sends three names of 
qualified candidates to the President for his final selection. This 
process has consistently produced excellent nominees for DC's local 
courts. Similar to others chosen through this process, I believe Judge 
Demeo has much to offer the DC Superior Court.
  Judge Demeo has a strong record as magistrate judge and has presided 
over many cases of the busy criminal calendar. My staff spoke with DC 
Superior Court Chief Judge Satterfield today, and he emphasized how 
pleased he has been with her performance. Judge Satterfield said he 
could not understand the concerns raised about Judge Demeo's 
impartiality--she has an open record as a magistrate judge, and no one 
is criticizing her work on the court.
  The committee also interviewed many of her colleagues during the 
nomination process who described her as fair, having a good temperament 
and knowledge of the law. Judge Demeo herself emphasized the importance 
of fairness, impartiality, integrity, and respect for all parties 
appearing before her during her nomination hearing.
  In May 2009, the Committee on Homeland Security and Governmental 
Affairs favorably reported her nomination. The committee of 
jurisdiction clearly considered her to be well qualified because no 
objections to her nomination were voiced.
  I was pleased that the Senate confirmed Stuart Nash to be an 
associate judge of the DC Superior Court earlier today. However, there 
remains a critical need to fill vacancies at the court. DC Superior 
Court is a trial court that hears over 100,000 cases a year. With many 
judges nearing retirement, it is important to fill empty seats quickly.
  This need is so great that Chief Judge Satterfield wrote two letters 
to Majority Leader Reid asking us to fill these vacancies. Judge 
Satterfield described the situation as dire and stated that unfilled 
vacancies hinder the court's ability to administer justice for the 
people of DC.

  Mr. President, I ask unanimous consent to have printed in the Record 
both of Judge Satterfield's letters.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                             Superior Court of the


                                         District of Columbia,

                                    Washington, DC, Oct. 14, 2009.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
       Dear Mr. Majority Leader: As Chief Judge of the Superior 
     Court of the District of Columbia, I wanted to take a moment 
     to bring to your attention two nominations for associate 
     judges positions on the Superior Court that have been pending 
     for several months. The nominees are Marisa Demeo and Stuart 
     Nash. I understand the press of business before the Senate, 
     given the economy, the push for health care reform, and the 
     myriad of nominees in a relatively new administration. 
     However, I wanted to draw your attention to the dire 
     situation the Superior Court will face by the end of the year 
     due to the announced retirements of three other Superior 
     Court judges, if these nominees are not confirmed in the next 
     few months.
       If these two vacancies are not filled before the Senate 
     adjourns, we will be five judges below our full complement of 
     62 associate

[[Page S2459]]

     judges by the end of January 2010. These vacancies would have 
     serious consequences for the administration of justice in the 
     District of Columbia and for the people we serve. We have 
     been working without a full complement of judges most of the 
     year since one of my colleagues, Judge Robert Rigsby, was 
     sent to Iraq with the National Guard. Fortunately, another 
     colleague, Judge Rafael Diaz, who retired in March 2009 at 
     the end of his term, graciously agreed to stay and handle a 
     full caseload while we await his replacement. I am not sure 
     how long Judge Diaz will be able to continue full time. If 
     the two pending nominations are not confirmed before the 
     Senate adjourns for the year, and Judge Diaz can no longer 
     handle cases full time, by the end of January 2010, we will 
     have only 57 associate judges. Such a scenario would 
     certainly test our ability to administer justice for the 
     people of the District of Columbia in a timely fashion, 
     particularly in our Criminal Division and Family Court.
       The Superior Court is a busy, urban court with a caseload 
     of over 100,000 cases per year. Each day we make important 
     decisions about neglected and abused children, juveniles 
     alleged to have committed crimes, and accused charged with 
     everything from minor misdemeanors to first degree murder and 
     sexual abuse. Vulnerable families in the District rely on 
     Superior Court judges to make timely and fair decisions 
     regarding domestic violence, housing, child custody and 
     support, and numerous issues that affect them every day. Our 
     goal is to serve the community well by handling the important 
     decisions we are entrusted with fairly, justly and 
     efficiently. I would appreciate any help you can provide in 
     moving the two nominations forward.
       Thank you for your consideration.
           Sincerely,
                                               Lee F. Satterfield,
     Chief Judge.
                                  ____

                                             Superior Court of the
                                             District of Columbia,
                                    Washington, DC, Mar. 12, 2010.
     Hon. Harry Reid,
     Majority Leader, U.S. Senate,
     Washington, DC.
       Dear Mr. Majority Leader: I wanted to provide you with an 
     update on the circumstances in the D.C. Superior Court with 
     the five vacancies we are currently experiencing. Judge Diaz, 
     who has been continuing to hear cases on one of the 
     unassigned calendars after announcing his retirement, will be 
     stepping down within the next month. This will leave us with 
     five full vacancies, which clearly hinders our ability to 
     administer justice for the people of the District of Columbia 
     in a timely fashion, especially worrisome in the Criminal 
     Division and the Family Court. We are beginning to experience 
     delays in meeting the performance measures and standards for 
     how quickly cases should get to trial.
       As I mentioned in my October letter, the Superior Court is 
     a busy, urban court with a caseload of over 100,000 cases per 
     year. Each day we make life and death decisions about 
     neglected and abused children, juveniles alleged to have 
     committed crimes, criminals charged with everything from 
     minor misdemeanors to first degree murder and sex abuse. 
     Vulnerable families in the District rely on Superior Court 
     judges to make timely and fair decisions regarding domestic 
     violence, housing, child custody and support, and numerous 
     issues that affect them every day. These cases need to be 
     handled effectively but also efficiently.
       I understand the great press of business before the U.S. 
     Senate, and the multitude of bills affecting the lives of 
     people across the country. However, the people of the 
     District of Columbia deserve a court with a full complement 
     of judges making the crucial decisions affecting the lives of 
     D.C. residents.
       Thank you for your consideration.
           Sincerely,
                                               Lee F. Satterfield,
                                                      Chief Judge.

  Mr. AKAKA. Mr. President, the Committee on Homeland Security and 
Governmental Affairs works quickly to hold its nomination hearings 
because we understand what an important role the court plays in the 
District's legal system. It saddens me that the District's courts and 
its residents continue to suffer while a highly qualified candidate's 
nomination is slowed.
  I am confident that once confirmed, Judge Demeo will exercise sound 
and unbiased judgment when ruling on cases before her. She has the 
education and experience to make valuable contributions to the DC 
Superior Court bench. I plan to vote in support of Judge Demeo's 
nomination, and I urge my colleagues to do the same.
  I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, I ask unanimous consent that any remaining 
time for debate with respect to the Demeo nomination be yielded back, 
and the Senate now proceed to vote on confirmation of the nomination; 
further, that upon confirmation, the motion to reconsider be considered 
made and laid upon the table, the President be immediately notified of 
the Senate's action, and the cloture motion with respect to the 
nomination be withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Marisa J. Demeo, of the District of Columbia, to be an associate 
judge of the Superior Court of the District of Columbia?
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Byrd) 
is necessarily absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Utah (Mr. Bennett).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 66, nays 32, as follows:

                      [Rollcall Vote No. 120 Ex.]

                                YEAS--66

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Burris
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Gregg
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--32

     Alexander
     Barrasso
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     LeMieux
     McCain
     McConnell
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Wicker

                             NOT VOTING--2

     Bennett
     Byrd
       
  The nomination was confirmed.
  Mr. LEAHY. Mr. President, today the Senate finally confirmed the 
nomination of Marisa Demeo for a 15-year term as a judge for the 
District of Columbia Superior Court. Her nomination was the longest 
pending judicial nomination on the Executive Calendar, having been 
stalled since it was reported by the Homeland Security and Governmental 
Affairs Committee last May--nearly a year ago--by voice vote.
  There was no reason for this nomination to have been delayed so long. 
Indeed, once the majority leader pressed the matter by filing for 
cloture, Republicans agreed to 6 hours of debate and then used only a 
small portion of that. The bipartisan vote in favor of Judge Demeo is 
hardly unexpected, just delayed a year.
  Judge Demeo has served for 3 years as a magistrate judge on the court 
to which she has been confirmed. She is only the second Hispanic woman 
to hold that position. Judge Demeo is an experienced former prosecutor 
and Justice Department veteran with a sterling professional record. The 
Chief Judge of the Superior Court, Lee Satterfield, has written several 
times to the majority and minority leaders about the ``dire situation'' 
created by vacancies on that court for administration of justice in 
Washington, DC, and in support of Judge Demeo's nomination.
  Judge Demeo should have been confirmed long ago. This sort of 
obstruction of a DC Superior Court nomination is unprecedented. These 
nominations for 15-year terms on the District's trial court are not 
usually controversial.
  Those Senators who opposed this nomination and voted against it will 
have to explain their vote. Some tried. I do not think references to 
``lifestyle'' have a place in this debate. I was also struck by those 
who selectively cited her advocacy for various causes when she was 
previously employed as an advocate as somehow rendering her unfit for 
judicial service. These same Senators were willing to give President 
Bush's nominees the benefit of the

[[Page S2460]]

doubt, but apparently not those of President Obama. Their mantra when 
there was a Republican President nominating Republican activists was 
that they would be able to put aside those views or that they were 
merely doing their job or representing a client. Apparently that leeway 
only applies to Republican nominees.
  I commend those Republican Senators who bucked their party to vote in 
favor of this fine young woman and well-qualified nominee.
  I strongly supported the confirmation of Judge Demeo and regret that 
it has taken nearly a year for her nomination to receive an up-or-down 
vote in the Senate. I congratulate her on her confirmation to the 
Superior Court and have every confidence she will be a fair and 
thoughtful judge.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid on the table. The President will 
be immediately notified of the Senate's action, and the cloture motion 
on the nomination is withdrawn.
  The Senator from North Dakota.