[Congressional Record Volume 156, Number 98 (Monday, June 28, 2010)]
[Senate]
[Pages S5480-S5481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
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NOMINATION OF GARY SCOTT FEINERMAN TO BE UNITED STATES DISTRICT JUDGE
FOR THE NORTHERN DISTRICT OF ILLINOIS
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the following nomination,
which the clerk will report.
The legislative clerk read the nomination of Gary Scott Feinerman, of
Illinois, to be United States District Judge for the Northern District.
The PRESIDING OFFICER. Under the previous order, the time until 5:30
p.m. will be for debate on the nomination, with the time equally
divided and controlled between the Senator from Vermont, Mr. Leahy, and
the Senator from Alabama, Mr. Sessions.
Mr. TESTER. Madam President, I ask unanimous consent that the time
during the quorum call be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. TESTER. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. BOXER. Madam President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. Madam President, I ask unanimous consent to speak as in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The remarks of Mrs. Boxer are printed in today's Record under
``Morning Business.'')
Mr. LEAHY. Madam President, today the Senate is proceeding on only
one of the 23 judicial nominees stalled by Republican obstruction from
action by the Senate. The nominee the Senate will confirm tonight has
been stalled for more than 10 weeks, even though his nomination was
reported without a single objection from the Judiciary Committee on
April 15. There are eight other judicial nominees who have been stalled
for at least as long, or longer, and nominees who were favorably
reported last year, last November, still being obstructed.
This confirmation was needlessly delayed for no good purpose. The
services of this judge are sorely needed in the Northern District of
Illinois. I congratulate Mr. Feinerman and his family on his
confirmation today.
The Senate Republican leadership refuses to enter into time
agreements on pending judicial nominations. That stalling and
obstruction is unprecedented. They refuse to enter into a time
agreement to consider the North Carolina nominees to the Fourth
Circuit, who were reported in January, despite the fact that one was
reported unanimously and one with only a single negative vote. They
refuse to enter into a time agreement to debate and vote on the Sixth
Circuit nominee from Tennessee who was reported last November. I have
told Senator Alexander that all Democrats are prepared to vote on that
nomination, and have agreed to do so since November. It is his own
leadership that continues to obstruct the nominee.
The Senate is well behind the pace I set for President Bush's
judicial nominees in 2001 and 2002. A useful comparison is that in
2002, the second year of the Bush administration, the Democratic Senate
majority's hard work led to the confirmation of 72 Federal circuit and
district judges nominated by a President from the other party. In this
second year of the Obama administration, we have confirmed just 22 so
far--72 to 22.
In the first 2 years of the Bush administration, we confirmed 100
Federal circuit and district court judges. So far in the first 2 years
of the Obama administration, the Republican leadership has successfully
obstructed all but 34 of his Federal circuit and district court
nominees--100 to 34. We confirmed twice that many in just 2002.
Meanwhile Federal judicial vacancies around the country hover around
100.
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 two months earlier than did
President Bush, the Senate has to date only confirmed 34 of his Federal
circuit and district court nominees--57 to 34.
Last year, Senate Republicans refused to move forward on judicial
nominees. The Senate confirmed the fewest judges in 50 years. The
Senate Republican leadership allowed only 12 Federal circuit and
district court nominees to be considered and confirmed despite the
availability of many more for final action. They have continued their
obstruction throughout this year. By every measure, the Republican
obstruction is a disaster for the Federal courts and for the American
people.
To put this into historical perspective, consider this: In 1982, the
second year of the Reagan administration, the Senate confirmed 47
judges. In 1990, the second year of the George H.W. Bush
administration, the Senate confirmed 55 judges. In 1994, the second
year of the Clinton administration, the Senate confirmed 99 judges. In
2002, the second year of the George W. Bush administration, the Senate
confirmed 72 judges. The only year comparable to this year's record-
setting low total of 16 was 1996, when the Republican Senate majority
refused to consider President Clinton's judicial nominees and only 17
were confirmed all session.
Senate Democrats moved forward with judicial nominees whether the
President was Democratic, 1994, or Republican, 1982, 1990, 2002, and
whether
[[Page S5481]]
they were in the Senate majority, 1990, 1994, 2002, or in the Senate
minority, 1982. Senate Republicans, by contrast, have shown an
unwillingness to consider judicial nominees of Democratic Presidents,
1996, 2009, 2010.
Over the last recess, I sent a letter to Senator McConnell and to the
majority leader concerning these matters. In that letter, I urged, as I
have since last December, the Senate to schedule votes on these
nominations without further obstruction or delay. I called on the
Republican leadership to work with the majority leader to schedule
immediate votes on consensus nominations--many, like that finally being
considered today, I expect will be confirmed unanimously--and consent
to time agreements on those on which debate is requested. As I said in
the letter, if there are judicial nominations that Republicans truly
wish to filibuster--after arguing during the Bush administration that
such action would be unconstitutional and wrong--then they should so
indicate to allow the majority leader to seek cloture to end the
filibuster. It is outrageous that the majority leader will be forced to
file cloture petitions to get votes on the North Carolina, Tennessee
and other nominees.
After this confirmation, there will still be 22 judicial nominees
favorably reported by the Judiciary Committee being stalled from Senate
consideration by the Republican leadership.
The PRESIDING OFFICER (Mr. Kaufman). Under the previous order, the
question is, Will the Senate advise and consent to the nomination of
Gary Scott Feinerman, of Illinois, to be U.S. District Judge for the
Northern District of Illinois?
Mr. LEAHY. Have the yeas and nays been ordered?
The PRESIDING OFFICER. They have not.
Mr. LEAHY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Washington (Ms.
Cantwell), the Senator from New York (Mrs. Gillibrand), the Senator
from South Dakota (Mr. Johnson), the Senator from Oregon (Mr. Merkley),
the Senator from Maryland (Ms. Mikulski), the Senator from Washington
(Mrs. Murray), the Senator from Vermont (Mr. Sanders), the Senator from
Michigan (Ms. Stabenow), and the Senator from Oregon (Mr. Wyden), are
necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Utah (Mr. Bennett), the Senator from Missouri (Mr. Bond), the
Senator from Kansas (Mr. Brownback), the Senator from North Carolina
(Mr. Burr), the Senator from New Hampshire (Mr. Gregg), the Senator
from Florida (Mr. LeMieux), the Senator from Alaska (Ms. Murkowski),
the Senator from Alabama (Mr. Shelby), the Senator from Louisiana (Mr.
Vitter), and the Senator from Ohio (Mr. Voinovich).
The PRESIDING OFFICER (Mrs. Shaheen). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 80, nays 0, as follows:
[Rollcall Vote No. 201 Ex.]
YEAS--80
Akaka
Alexander
Barrasso
Baucus
Bayh
Begich
Bennet
Bingaman
Boxer
Brown (MA)
Brown (OH)
Bunning
Burris
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Corker
Cornyn
Crapo
DeMint
Dodd
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Franken
Graham
Grassley
Hagan
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Kaufman
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
McCain
McCaskill
McConnell
Menendez
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Schumer
Sessions
Shaheen
Snowe
Specter
Tester
Thune
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wicker
NOT VOTING--19
Bennett
Bond
Brownback
Burr
Cantwell
Gillibrand
Gregg
Johnson
LeMieux
Merkley
Mikulski
Murkowski
Murray
Sanders
Shelby
Stabenow
Vitter
Voinovich
Wyden
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table. The President
will be immediately notified of the Senate's action.
____________________