[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

                                 ______
                                 

 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the quorum call be rescinded.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.

                          ____________________