[Congressional Record Volume 156, Number 70 (Tuesday, May 11, 2010)]
[Senate]
[Pages S3509-S3510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 TIMOTHY S. BLACK TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN 
                            DISTRICT OF OHIO

                                 ______
                                 

  JON E. DeGUILIO TO BE UNITED STATES DISTRICT JUDGE FOR THE NORTHERN 
                          DISTRICT OF INDIANA

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations, 
which the clerk will report.
  The legislative clerk read the nominations of Timothy S. Black, of 
Ohio, to be United States District Judge for the Southern District of 
Ohio and Jon E. DeGuilio, of Indiana, to be United States District 
Judge for the Northern District of Indiana.
  The PRESIDING OFFICER. Is there further debate?
  The Republican leader is recognized.
  Mr. McCONNELL. Yes. I just want to address the majority leader.
  I say to my friend from Nevada, we are having voice votes on two 
judges?
  Mr. REID. Yes.
  Mr. McCONNELL. Let me indicate that Senator Corker is prepared to 
offer an amendment and take a very short time agreement.
  Mr. REID. And Senator Merkley has agreed, also, and Senator 
Klobuchar.
  Mr. DODD. If I could just interject, I believe Senator Bennet, after 
the judges, would be prepared to speak for about 10 minutes on his 
amendment, and then we could have a voice vote on that amendment. We do 
not even need a recorded vote on that amendment. It is a bipartisan 
amendment.
  Mr. McCONNELL. Right, and then Senator Corker and Senator Merkley and 
a vote.
  Mr. DODD. And 30 minutes equally divided, I think we are talking 
about, for both amendments.
  Mr. McCONNELL. Yes.
  Mr. REID. If we could do the judges now.
  Mr. LEAHY. Mr. Presdient, this week, the President nominated Elena 
Kagan to the Supreme Court. I trust that her nomination will be treated 
better than President Obama's other judicial nominations, including 
these. President Obama nominated Jon DeGuilio to fill a judicial 
emergency vacancy in Indiana last year. He was unanimously reported by 
the bipartisan membership of the Senate Judiciary Committee in early 
March. His nomination has been held hostage for 2 months. President 
Obama nominated Judge Timothy Black last January, and he was reported 
unanimously in early February. His nomination has been held hostage for 
3 months for no good purpose and with no explanation. Republican 
objection to their consideration has stalled both these nominations. 
Now that they are finally receiving votes, I suspect they will be 
confirmed unanimously, as have so many of President Obama's 
nominations. So why the delay? Why the weeks and weeks, and months and 
months, of obstruction? This obstruction is of nominees that Senate 
Republicans support. This is wrong. I have called for it to end, but 
the Republican Senate leadership persists in this practice.
  By this date in President Bush's first term, 56 of President Bush's 
judicial nominations had been confirmed. Now that President Obama is in 
the White House, Republicans have allowed votes on only 23 of his 
Federal circuit and district court nominees.
  The two nominations we consider today, that of Timothy S. Black to 
the Southern District of Ohio and Jon E. DeGuilio to the Northern 
District of Indiana, should have been considered and confirmed months 
ago. Both nominations have the support of Democratic and Republican 
home State senators. Both received positive ratings from the American 
Bar Association's Standing Committee on the Federal judiciary. Both 
were reported favorably by the Judiciary Committee months ago by voice 
vote, without any dissent--Judge Black on February 11 and Mr. DeGuilio 
on March 4.
  As of today, there are 24 of President Obama's judicial nominations 
favorably reported by the Senate Judiciary Committee stalled on the 
Senate's Executive Calendar. The Senate has confirmed only 23, even 
though these nominations were reported as far back as November. Even 
after the Senate acts today, there will be 22 judicial nominees still 
pending, and 16 of those

[[Page S3510]]

nominations were reported without a single negative vote. These should 
be easy for the Senate to consider in a timely manner and confirm. Yet 
Republicans continue to stall.
  The majority leader has had to file cloture petitions to cut off the 
Republican stalling by filibuster on President Obama's nominees 22 
times. Four times he has had to file cloture to proceed with judicial 
nominees, only to eventually see those nominees confirmed, two which 
were confirmed unanimously. This stalling and obstruction is wrong.
  We should be doing the business of the American people, like reining 
in the abuses on Wall Street, rather than having to waste weeks and 
months considering nominations that should be easily confirmed. Several 
Senators have gone to the floor in recent weeks and have been outspoken 
about these delays and secret holds on judicial nominations, as well as 
scores of other Presidential nominations on which the Republican 
minority refuses to act. Regrettably, Republicans have objected to live 
requests for action on these nominations. They have also refused to 
identify who is objecting and the reasons for the objections, in 
accordance with the Senate rules.
  The action of the Republican minority to place politics ahead of 
constitutional duty by refusing to adhere to the Senate's tradition of 
quickly considering noncontroversial nominees reminds me of the 1996 
session when the Republican majority considered only 17 of President 
Clinton's judicial nominations. That was a low point I thought would 
not be repeated. Their failing to fill judicial vacancies led to rebuke 
by Chief Justice Rehnquist. But they are repeating this unfortunate 
history today, again allowing vacancies to skyrocket to over a 100, 
more than 40 of which have been declared ``judicial emergencies'' by 
the Administrative Office of the U.S. Courts.
  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. As 
I noted earlier, by this date in George W. Bush's Presidency, the 
Senate had confirmed 56 Federal circuit and district court judges. In 
the second half of 2001 and through 2002, the Senate with a Democratic 
majority confirmed 100 of President Bush's judicial nominees. Given 
Republican delay and obstruction, this Senate may not achieve 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. So far this year, despite two dozen nominations 
on the Executive Calendar, we have confirmed only 11 more.
  The Republican pattern of obstructionism we have seen since President 
Obama took office has led to this unprecedented backlog in nominations 
on the Senate calendar awaiting final consideration. We should end the 
backlog by restoring the Senate's tradition of moving promptly to 
consider noncontroversial nominees with up-or-down votes in a matter of 
days, not weeks and certainly not months. For those nominees 
Republicans wish to debate, they should come to time agreement to have 
those debates and votes. It is past time to end the destructive 
delaying tactics of stalling nominees for no good purpose.
  The confirmation of the two nominations we consider today is long 
overdue.
  Judge Black has served the Southern District of Ohio for 6 years as a 
Federal magistrate judge. Before that, he spent a decade as a municipal 
court judge, and he also had a long career as a civil litigator. His 
nomination has the support of both of his home State senators, Senator 
George Voinovich and Senator Sherrod Brown, one a Republican and one a 
Democrat.
  Mr. DeGuilio served the Northern District of Indiana for 6 years as 
its U.S. attorney. In addition, he has more than a decade of experience 
as a lawyer in private practice, and he also worked as a local 
prosecutor. He has the support of both of his home State senators, 
Senator Richard Lugar and Senator Evan Bayh, one a Republican and one a 
Democrat.
  I congratulate the nominees and their families on their confirmations 
today. I urge the Republican leadership to restore the Senate's 
tradition practice and agree to prompt consideration of the additional 
22 judicial nominees they continue to stall.
  Mr. BROWN of Ohio. Mr. President, I am here today to express my 
unqualified support for the confirmation of Judge Timothy Black to be 
U.S. district judge for the Southern District of Ohio.
  I am proud to say that I worked closely with my fellow Ohioan, 
Senator Voinovich, to establish a bipartisan selection process that 
resulted in the selection of Judge Black as a candidate for submission 
to the President.
  I would like to thank the members of the Southern District Judicial 
Advisory Commission, particularly Mr. Paul Harris, Chair, for all their 
efforts in vetting numerous candidates for the nomination.
  Of all the candidates reviewed for this vacancy, the commission was 
most impressed with Judge Black. The commission recognized his 
leadership, his commitment to legal excellence, and temperament as 
qualities that make Judge Black well-suited to serve in this capacity.
  Judge Black has served the Southern District of Ohio with excellence 
for 6 years as a Federal magistrate judge. Before that, he spent a 
decade as a municipal court judge, and he also had a long career as a 
civil litigator.
  In addition to his commitment to the legal profession, Judge Black 
has exemplified a commitment to service through his work as a 
coconvener of the Round Table, a partnership between the Black Lawyers 
Association of Cincinnati and the Cincinnati Bar Association to improve 
diversity and inclusion in the legal profession.
  Additionally, his valiant efforts as vice president and member of the 
board of ProKids, an organization that represents abused and neglected 
children--Judge Black's service extends beyond the judges chamber and 
into neighborhoods and communities in which he lives and works.
  President Obama nominated Judge Black last year, stating that he has 
the ``evenhandedness, intellect, and spirit of service that Americans 
expect and deserve from their federal judges.''
  Judge Black is more than ready to serve and should be confirmed 
without delay.
  The PRESIDING OFFICER. Is there further debate on the nominations?
  If not, the question is, Will the Senate advise and consent to the 
nominations of Timothy S. Black, of Ohio, to be United States District 
Judge for the Southern District of Ohio, and Jon E. DeGuilio, of 
Indiana, to be United States District Judge for the Northern District 
of Indiana?
  The nominations were confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table, the President 
will be immediately notified of the Senate's action, and the Senate 
will resume legislative session.

                          ____________________