[Congressional Record Volume 156, Number 173 (Wednesday, December 22, 2010)]
[Senate]
[Pages S10986-S10987]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF MARY HELEN MURGUIA TO BE A U.S. CIRCUIT JUDGE FOR THE
NINTH CIRCUIT
The VICE PRESIDENT. Under the previous order, the question occurs on
the following nomination, which the clerk will report.
The assistant legislative clerk reported the nomination of Mary Helen
Murguia, of Arizona, to be a U.S. Circuit Judge for the Ninth Circuit.
The VICE PRESIDENT. The Senator from Arizona is recognized.
Mr. KYL. Mr. President, I support the nomination of Judge Mary
Murguia to the Ninth Circuit Court of Appeals.
Judge Murguia has served on the Federal district court in Arizona for
a decade and has a distinguished record that has earned the respect of
the legal community in Arizona.
Perhaps most telling is the high regard in which Judge Murguia is
held by her colleagues on the district court; they come from different
backgrounds and were appointed by presidents of both parties, but they
all speak very highly of her.
Judge Murguia was approved by the Judiciary Committee by a vote of 19
to 0. That unanimous vote is an indication of the strength of her
record.
Finally, as I mentioned at Judge Murguia's hearing, Judge Murguia's
brother Carlos is the first Latino to serve as Federal district court
judge in Kansas. Judge Murguia was the first Latina to be appointed to
the Federal district court in Arizona and she and Carlos are the only
brother and sister sitting as Federal judges in the United States.
I am confident that Judge Murguia is a person of integrity who will
do her best to be a fair and objective judge.
Mr. President, I ask for the yeas and nays.
The VICE PRESIDENT. Is there a sufficient second?
There is a sufficient second.
The Senator from Vermont is recognized.
Mr. LEAHY. Mr. President, today, the Senate is finally being allowed
to consider a judicial nomination that has been stalled since August--
the nomination of Judge Mary Murguia of Arizona to serve on the United
States Court of Appeals for the Ninth Circuit. I would understand the
resistance to considering the nomination if President Obama had
selected someone opposed by her home state Senators. But both
Republican home state Senators support this nomination. Unlike his
predecessor, President Obama has worked with home state Senators,
including Republican Senators. Despite all his efforts, this consensus
nominee has been stalled for months and months while awaiting final
Senate action.
When the nomination was considered by the Judiciary Committee before
the August recess, it was reported unanimously. Every Republican and
every Democrat, all 19 members of the Judiciary Committee, voted in
favor of her nomination. Still, she has been stalled for months and
months. This is part of the dangerous pattern perpetrated the past two
years as President Obama's highly-qualified judicial nominees have been
stalled from final Senate action for extended periods. This is another
example of the unnecessary delays that have led to a judicial vacancies
crisis throughout the country. Judicial vacancies have skyrocketed to
over 100 while nominations are forced to languish without final Senate
action. In fact, President Obama's nominees have been forced to wait on
average six times longer to be considered than President Bush's
judicial nominees reported by the Judiciary Committee during the first
2 years of his Presidency.
When the Senate is finally allowed to take action, most of his
nominations are confirmed by overwhelming bipartisan majorities or
unanimously. Final Senate action on dozens of President Obama's
judicial nominations has been delayed without explanation or good
reason and then confirmed unanimously. The most outrageous examples
[[Page S10987]]
are Judge Barbara Keenan of Virginia, who was confirmed unanimously to
the Fourth Circuit, and Judge Denny Chin of New York, who was confirmed
unanimously to the Second Circuit. Both required cloture petitions to
end the filibusters against their confirmations and then they were each
confirmed unanimously.
Others confirmed unanimously after months of delay are Judge James A.
Wynn, Jr. of North Carolina, who was finally confirmed to the Fourth
Circuit after almost 6 months of delay; Judge Albert Diaz of North
Carolina, who was finally confirmed to the Fourth Circuit after almost
11 month's delay; Judge Ray Lohier of New York, who was finally
confirmed to the Second Circuit after almost 8 months of delay; Judge
Beverly Martin of Tennessee, who was finally confirmed to the Eleventh
Circuit after more than 4 months of delay; and James Greenaway of New
Jersey, who was finally confirmed to the Third Circuit after almost 4
months of delay. I expect Scott Matheson of Utah to be confirmed
unanimously to the Tenth Circuit, but not until there have been 6
months of unnecessary delay. I will not be surprised if Judge Murguia
is confirmed unanimously, or nearly unanimously, after 4 unnecessary
months of delay.
Examples of district court nominees who have been delayed for between
3 and 7 months before being confirmed unanimously are: Judge Kimberly
J. Mueller of the Eastern District of California, Judge Catherine
Eagles of the Middle District of North Carolina, Judge John A. Gibney,
Jr. of the Eastern District of Virginia, Judge Ellen Hollander of the
District of Maryland, Judge Susan R. Nelson of the District of
Minnesota, Judge James Bredar of the District of Maryland, Judge
Carlton Reeves of the Southern District of Mississippi, Judge Edmond
Chang of the Northern District of Illinois, Judge Leslie E. Kobayashi
of the District of Hawaii, and Judge Denise Casper of the District of
Massachusetts.
Ten years ago, Mary Murguia became the first Latina to serve as a
Federal Judge in Arizona when she was nominated by President Clinton to
serve on the U.S. District Court for the District of Arizona. She will
now become the first Hispanic--and only the second woman--from Arizona
to serve on the Ninth Circuit. I congratulate Judge Murguia and her
family on her confirmation by the Senate today.
The VICE PRESIDENT. The yeas and nays have been ordered.
The question is, shall the Senate advise and consent to the
nomination of Mary Helen Murguia, of Arizona, to be a U.S. Circuit
Judge for the 9th Circuit.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Wisconsin (Mr.
Feingold), the Senator from Iowa (Mr. Harkin), the Senator from
Missouri (Mrs. McCaskill), 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 Kentucky (Mr. Bunning), the Senator from Kansas (Mr. Brownback),
the Senator from Missouri (Mr. Bond), the Senator from Tennessee (Mr.
Alexander), the Senator from Kansas (Mr. Roberts), and the Senator from
Louisiana (Mr. Vitter).
Further, if present and voting, the Senator from Kentucky (Mr.
Bunning) would have voted ``yea'' and the Senator from Tennessee (Mr.
Alexander) would have voted ``yea.''
The PRESIDING OFFICER (Mr. Merkley). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 89, nays 0, as follows:
[Rollcall Vote No. 299 Ex.]
YEAS--89
Akaka
Barrasso
Baucus
Bayh
Begich
Bennet
Bennett
Bingaman
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Dodd
Dorgan
Durbin
Ensign
Enzi
Feinstein
Franken
Gillibrand
Graham
Grassley
Gregg
Hagan
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson
Kerry
Kirk
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
LeMieux
Levin
Lieberman
Lincoln
Lugar
Manchin
McCain
McConnell
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Risch
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Specter
Tester
Thune
Udall (CO)
Udall (NM)
Voinovich
Warner
Webb
Whitehouse
Wicker
NOT VOTING--11
Alexander
Bond
Brownback
Bunning
Feingold
Harkin
McCaskill
Roberts
Stabenow
Vitter
Wyden
The nomination was confirmed.
____________________