[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
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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
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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
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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.