[Congressional Record Volume 156, Number 66 (Wednesday, May 5, 2010)]
[Senate]
[Pages S3144-S3146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    Nomination of Gloria M. Navarro

  Mr. REID. Mr. President, I will say a few words about the first vote 
we are going to have today.
  I am very happy I had the opportunity and the privilege to nominate 
Gloria Navarro to be a Federal judge for the District of Nevada. What a 
wonderful addition she will be to the Federal Judiciary. She has a 
number of outstanding qualities.
  First, she is such a fine human being. She has a wonderful family--a 
husband who supports her entirely in this terrifically important job 
she is going to take. He is an accomplished lawyer himself. She has 
wonderful children and a mom who supports her. She is a Nevadan who has 
been educated in the Nevada school system. She has attended some of the 
finest universities in the country--the University of Southern 
California and Arizona State.
  In my interviews with her, I was very impressed. She has proven 
throughout her personal and professional life that she embodies the 
values of our country--hard work, discipline, and respect for the rule 
of law. I have been impressed time and time again by this Nevadan's 
record and her commitment to public service in all areas of her life. 
She has worked for two decades in both

[[Page S3145]]

the private and public sectors and has experience in every aspect of 
the law--complex litigation at both the Federal and State levels; 
murder cases.
  She is currently the chief deputy district attorney in the Office of 
County Counsel, providing legal counsel and litigation defense to the 
Clark County Board of Commissioners. She has worked as a public 
defender, and in 2002 she received the Nevada State Bar Access to 
Justice Pro Bono Public Lawyer of the Year award. She has also worked 
in private practice, representing clients in Federal and State 
litigation relating to criminal, civil, and family law. In 2001, she 
was awarded the very prestigious Louis Wiener Pro Bono Service Award.
  She is committed to the State of Nevada. She is committed to her 
community. Among other things, as president of the Latino Bar 
Association, she created a mentoring program pairing high school, 
college, and law school students with community lawyers.
  It is my pleasure to have recommended her to be a judge, and everyone 
can rest assured that she will do an outstanding job for the people of 
Nevada in dispensing fair, equal justice under the law.
  Mr. LEAHY. Mr. President, Senate Republicans have not allowed the 
Senate to act on a judicial nominee for almost 2 weeks. They have 
continued to stall the almost two dozen judicial nominees reported 
favorably by the Senate Judiciary Committee, dating back to last 
November. These 23 judicial nominees awaiting final Senate action 
include 17 who were reported without any negative votes. That is 
right--Senate Republicans continue to block Senate consideration and 
confirmation of nominees, including judicial nominees, who are not only 
going to be confirmed, but will likely be confirmed unanimously.
  The majority leader has had to file cloture petitions to cut off the 
Republican stalling by filibuster votes on President Obama's nominees 
22 times. Twice he has had to file cloture to proceed with judicial 
nominees, only to eventually see those nominees confirmed unanimously. 
This stalling and obstruction is wrong.
  Senator Whitehouse, Senator McCaskill, and a number of other Senators 
have taken up the cause against these delays and secret holds. I thank 
them. They made live requests for action on the Senate floor to bring 
these matters into the light. Regrettably, those Republican Senators 
who had objected did not come forward to identify themselves or the 
reasons for their objections in accordance with Senate rules.
  By this date in George W. Bush's Presidency, the Senate had confirmed 
52 Federal circuit and district court judges. As of today, only 20 
Federal circuit and district court confirmations have been allowed by 
Senate Republicans. As I have noted there remain another two dozen 
additional judicial nominations stalled before final Senate action by 
Republican obstruction. It should not take 2 weeks to work out time 
agreements on three noncontroversial nominees. Nominees reported 
without a single negative vote in committee should not be stalled for 
months for no good reason.
  Despite the fact that President Obama began sending judicial 
nominations to the Senate 2 months earlier than President Bush, the 
Senate is far behind the pace we set during the Bush administration. In 
the second half of 2001 and through 2002 the Senate confirmed 100 of 
President Bush's judicial nominees. Given Republican delay and 
obstruction this Senate may not achieve even half of that. Last year 
the Senate was allowed to confirm only 12 Federal circuit and district 
court judges all year. That was the lowest total in more than 50 years. 
Meanwhile, judicial vacancies have skyrocketed to more than 100, more 
than 40 of which have been declared to be ``judicial emergencies'' by 
the Administrative Office of the U.S. Courts.
  There is no explanation or excuse for what continues to be a practice 
by Senate Republicans of secret holds, and a Senate Republican 
leadership strategy of delay and obstruction of this President's 
nominations. That is wrong.
  Throughout the past month, a number of Senators have come before the 
Senate to discuss this untenable situation and to ask for consent to 
proceed to scores of noncontroversial nominations. Republicans objected 
anonymously and without specifying any basis whatsoever.
  These long delays unfortunately continue to be part of a pattern of 
Republican obstructionism that we have seen since President Obama took 
office. In a dramatic departure from the Senate's traditional practice 
of prompt and routine consideration of noncontroversial nominations, 
Senate Republicans have refused month after month to join agreements to 
consider, debate and vote on nominations. This unprecedented practice 
has led to a backlog of nominations and a historically low number of 
judicial confirmations.
  We should restore the Senate's tradition of moving promptly to 
consider noncontroversial nominees pending on the calendar, with up-or-
down votes in a matter of days, not weeks, and certainly not months. 
For those nominees Republicans wish to debate, we should come to 
agreements for when to have those debates and votes. It should not take 
cloture in order for the Senate to get its work done and fulfill its 
constitutional advice and consent responsibilities.
  I, again, urge the Senate Republican leadership to abandon its 
destructive delaying tactics and allow the Senate to act on the backlog 
of nearly two dozen judicial nominees reported by the Senate Judiciary 
Committee over the last 6 months that they have stalled for no good 
purpose.
  The three nominations we consider today should have been confirmed 
months ago, and I predict will each be confirmed overwhelmingly. Nancy 
Freudenthal has been nominated to fill a vacancy on the District of 
Wyoming. She has decades of experience as a public servant and a lawyer 
in private practice, and she currently serves as Wyoming's First Lady. 
Ms. Freudenthal has been rated ``well qualified'' by the American Bar 
Association's, ABA, Standing Committee on the Federal Judiciary and, 
when confirmed, she will be that state's first female Federal judge. 
The Judiciary Committee favorably reported Ms. Freudenthal's nomination 
by voice vote without dissent on February 11--nearly 3 months ago--and 
her nomination has the support of both of Wyoming's Republican 
Senators, Senator Enzi and Senator Barrasso.
  Judge D. Price Marshall has been nominated to fill a vacancy on the 
Eastern District of Arkansas. The Judiciary Committee also favorably 
reported his nomination by voice vote without dissent nearly 3 months 
ago, on February 11. Judge Marshall is currently a well-respected judge 
on the Arkansas Court of Appeals, and he spent 15 years in private 
practice in Jonesboro, Arkansas. He also served as a law clerk to 
Seventh Circuit Judge Richard S. Arnold. Judge Marshall has earned the 
highest possible rating, unanimously ``well qualified'' from the ABA 
Standing Committee, and he has the strong support of both of his home 
State Senators, Senator Pryor and Senator Lincoln.
  Gloria Navarro has been nominated to serve as a Federal district 
court judge in Nevada. The Judiciary Committee reported her nomination 
by voice vote without dissent 2 months ago, on March 4. When the Senate 
finally confirms her, Ms. Navarro will become the only woman, and the 
only Hispanic, on the Nevada district court. Ms. Navarro, who has been 
rated ``qualified'' by the ABA's standing committee has gained valuable 
experience as a chief deputy district attorney in Clark County, NV, as 
a public defender and as a lawyer in private practice. Her nomination 
has the support of both of her home State Senators, Senator Reid and 
Senator Ensign.
  The three judicial nominees the Senate considers today have each been 
stalled by Republican objection for months. Each has the support of his 
or her home State Senators. In one case, that is two Republican 
Senators, in another that is two Democratic Senators, and in the third 
case that is one Democratic Senator and a Republican Senator. Each of 
these confirmations is long overdue. I congratulate the nominees and 
their families on their confirmations today.
  I urge the Republican leadership to agree to prompt consideration of 
the additional 20 judicial nominees they continue to stall.
  The ACTING PRESIDENT pro tempore. Is there any debate in opposition 
to the nomination?

[[Page S3146]]

  If not, the question is, Will the Senate advise and consent to the 
nomination of Gloria M. Navarro, of Nevada, to be United States 
District Judge for the District of Nevada?
  Mr. REID. I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  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 (Mr. Merkley). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                      [Rollcall Vote No. 128 Ex.]

                                YEAS--98

     Akaka
     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Bond
     Boxer
     Brown (MA)
     Brown (OH)
     Brownback
     Bunning
     Burr
     Burris
     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
     Hutchison
     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--2

     Bennett
     Byrd
       
  The nomination was confirmed.