[Congressional Record Volume 156, Number 82 (Thursday, May 27, 2010)]
[Senate]
[Pages S4509-S4510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Mr. President, as the Senate recesses for Memorial Day, I 
wish the Republican leadership had worked with us to clear the 
nominations that have been pending on the calendar for far too long. 
There is now a backlog of 26 judicial nominees awaiting final Senate 
action. Nineteen of the 26 were reported by the Judiciary Committee 
without a single negative vote from any Republican or any Democratic 
Senator on the committee. There is no reason, nor is there any excuse, 
for the Senate not having promptly considered and confirmed those 
judicial nominees. Two other nominations received only one or as few as 
four negative votes. That means that six of the seven Republicans voted 
in favor of Judge Wynn to the Fourth Circuit, and nearly half the 
Republicans on the committee supported Jane Stranch's nomination to the 
Fourth Circuit, as does Senator Alexander. Still Republicans refuse to 
enter into time agreements on those nominations, the four others or, 
for that matter, any of the 26 judicial nominations they are stalling 
from consideration and confirmation.
  The Senate is well behind the pace I set for President Bush's 
judicial nominees in 2001 and 2002. By this date in President Bush's 
Presidency, the Senate had confirmed 57 of his judicial nominees. 
Despite the fact that President Obama began sending us judicial 
nominations 2 months earlier than President Bush had, the Senate has 
only confirmed 25 of his Federal circuit and district court nominees to 
date.
  Federal judicial vacancies remain over 100 around the country. Yet 26 
judicial nominations considered and favorably reported by the Senate 
Judiciary Committee remain stalled awaiting final Senate action. The 
Senate should vote on all of them without further obstruction or delay.
  Before the Memorial Day recess in 2002, there were only six judicial 
nominations reported by the Senate Judiciary Committee and awaiting 
final consideration by the Senate. They had all been reported within 
the last week before the recess began. This year, by contrast, 
Republicans have stalled nominations reported as long ago as last 
November. Only one of the 26 was reported close to this recess. The 
others, more than two dozen, have all been languishing without final 
action because of Republican obstruction. This is not how the Senate 
should act, nor how the Senate has conducted its business in the past. 
This is new and it is wrong.

[[Page S4510]]

  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DURBIN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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