[Congressional Record Volume 157, Number 41 (Thursday, March 17, 2011)]
[Senate]
[Pages S1800-S1802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF AMY BERMAN JACKSON TO BE UNITED STATES DISTRICT JUDGE FOR
THE DISTRICT OF COLUMBIA
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 bill clerk read the nomination of Amy Berman Jackson, of the
District of Columbia, to be United States District Judge for the
District of Columbia.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Madam President, we yield back all time on this matter.
Mr. LEAHY. Will the leader withhold?
Mr. REID. The chairman is here.
Mr. LEAHY. Madam President, I thank the majority leader for
scheduling this confirmation vote today. I have been talking about this
nomination since last year. Amy Jackson is one of four nominees to the
vacancies that have plagued the District Court for the District of
Columbia, this Nation's Capital, for some time. This is another of the
nominations that could--and in my view should--have been considered and
confirmed last year. Instead, it was one of two nominations to that
court unnecessarily returned to the President without final Senate
action, despite the nominee's qualifications and the needs of the
American people to have judges available to hear cases in the Federal
courts. The President has had to renominate Ms. Jackson, the Senate
Judiciary Committee has had to reconsider her and now, finally, the
Senate is being allowed to consider her.
I have spoken about the vacancies in the District of Columbia on
numerous occasions, including during the last 2 weeks. I have noted the
criticism from Chief Judge Lamberth of the U.S. District Court for the
District of Columbia. Chief Judge Lamberth wrote to Senate leaders last
November urging action by the Senate to fill the vacancies that exist
on the District Court for the District of Columbia. We could and should
have acted before adjourning last year in response to his request. All
four nominations were reported unanimously by the Judiciary Committee
last year. They were needlessly delayed.
When the Senate was allowed to consider and confirm Judge Boasberg on
Monday, I, again, raised the question of the refusal on the other side
of the aisle to proceed to consider the Jackson nomination. Ms.
Jackson's nomination was reported without opposition by the Judiciary
Committee last year and, again, earlier this year. Ms. Jackson is a
former assistant U.S. attorney with outstanding credentials and
experience who the Standing Committee on the Federal Judiciary of the
American Bar Association gave its highest peer review rating of ``well
qualified.'' Representative Norton has called her one of the top
practitioners in one of the District's top law firms and given her a
strong endorsement. I expect this will be another of the nominations
that has been needlessly delayed and then confirmed unanimously or
nearly so.
In addition to the Jackson nomination, there remain 10 additional
judicial nominees awaiting final Senate consideration after having been
reviewed by the Judiciary Committee. Also reported from the Judiciary
Committee and before the Senate are nominees to fill two judicial
emergency vacancies in New York, a judicial emergency vacancy on the
Second Circuit, two judicial emergency vacancies in California and
vacancies on the Federal and D.C. Circuit, in Oregon, and two vacancies
in Virginia.
Federal judicial vacancies around the country still number too many
and they have persisted for too long. That is why Chief Justice
Roberts, Attorney General Holder, White House Counsel Bob Bauer and
many others--including the President of the United States--have spoken
out and urged the Senate to act.
Nearly one out of every nine Federal judgeships remains vacant. This
puts at serious risk the ability of all Americans to have a fair
hearing in court. The real price being paid for these unnecessary
delays is that the judges that remain are overburdened and the American
people who depend on them are being denied hearings and justice in a
timely fashion.
When Chief Judge Lamberth wrote to Senator Reid and Senator McConnell
last November, he noted that Senate action to fill the vacancies in DC
was needed so that ``the citizens of the District of Columbia and the
Federal Government and other litigants'' who rely on the Court could
receive ``the high quality of justice they deserve.'' The Chief Judge
wrote about the ``severe impact'' these judicial vacancies were having
and observed that the ``challenging caseload'' of the Court ``includes
many involving national security issues, as well as other issues of
national significance.'' I ask unanimous consent that a copy of the
Chief Judge's letter be printed in the Record at the end of my
statement.
The PRESIDING OFFICER. Without objection it is so ordered.
(See exhibit 1.)
Mr. LEAHY. Regrettably, the progress we made during the first 2 years
of the Bush administration has not been duplicated, and the progress we
made over the 8 years from 2001 to 2009 to reduce judicial vacancies
from 110 to a low of 34 was reversed. The vacancy rate we reduced from
10 percent at the end of President Clinton's term to less than four
percent in 2008 has now risen back to over 10 percent. In contrast to
the sharp reduction in vacancies we made during President Bush's first
2 years when the Democratically controlled Senate confirmed 100 of his
judicial nominations, only 60 of President Obama's judicial nominations
were allowed to be considered and confirmed during his first 2 years.
We have not kept up with the rate of attrition, let alone brought the
vacancies down significantly.
By now, judicial vacancies should have been cut in half, but they
have not been. Unlike in the first 2 years of President Bush's first
term when with a Democratic majority the Senate reduced vacancies from
110 to 60, judicial vacancies topped 90 in August 2009 and have
remained above that level ever since. After tonight's confirmation,
they will still number 95, putting at risk the ability of Americans to
have a fair hearing in Court.
The Senate must do better. The Nation cannot afford further delays by
the Senate in taking action on the nominations pending before it.
Judicial vacancies on courts throughout the country hinder the Federal
judiciary's ability to fulfill its constitutional role. They create a
backlog of cases that prevents people from having their day in court.
This is unacceptable.
We can consider and confirm this President's nominations to the
Federal
[[Page S1801]]
bench in a timely manner. President Obama has worked with Democratic
and Republican home state Senators to identify superbly qualified,
consensus nominations. The nominations on the Executive Calendar should
not be controversial. They all have the support of their home State
Senators, Republicans and Democrats. All have a strong commitment to
the rule of law and a demonstrated faithfulness to the Constitution.
During President Bush's first term, his first four tumultuous years
in office, we proceeded to confirm 205 of his judicial nominations. We
confirmed 100 of those during the 17 months I was chairman during
President Bush's first 2 years in office and by this date in President
Bush's third year had confirmed 110. So far in President Obama's third
year in office, the Senate has only been allowed to consider 73 of his
Federal circuit and district court nominees. We remain well short of
the benchmark we set during the Bush administration. When we approach
it we can reduce vacancies from the historically high levels at which
they have remained throughout these first three years of the Obama
administration to the historically low level we reached toward the end
of the Bush administration.
I have thanked the ranking Republican on the Judiciary Committee,
Senator Grassley, for his cooperation this year. I was pleased to see
him taking credit for what he called ``our rapid pace.'' I was
encouraged by his commitment to ``continue to move consensus nominees
through the confirmation process.'' My friend from Iowa is fond of
pointing to the vacancies for which there are not nominees. Of course,
some of that is attributable to a lack of cooperation by certain home
state Senators with the White House. Nonetheless, I agree with the
Senator from Iowa that we can do little about confirming nominations we
do not have before us. What we can do is proceed expeditiously with the
qualified nominations the President has sent to the Senate.
In that regard, I would temper my friend's extolling our achievements
this year by observing that every judge confirmed so far this year
could and should have been confirmed last year. Every one of them was
unanimously reported last year and would have been confirmed had
Republicans not objected and created a new rule of obstruction after
midterm elections. We have long had the ``Thurmond rule'' to describe
how Senator Thurmond shut down the confirmation process in advance of
the 1980 presidential election. Last year's shutdown was something new.
I cannot remember a time when so many consensus nominees were left
without Senate action at the midterm point of a Presidency. That new
level of obstruction has contributed to our being so far behind and
judicial vacancies having been perpetuated at so high a level for too
long.
I thank Chief Judge Lamberth for his efforts on behalf of his Court,
on behalf of the people of the District of Columbia, and on behalf of
our justice system. The American justice system is not some
discretionary luxury. It serves an essential function in our democracy.
I thank all the women and men who work every day in our courts to
guarantee justice for the American people.
I am glad that Amy Jackson's wait is finally over and congratulate
her and her family on her confirmation.
Exhibit 1
U.S. District Court for the
District of Columbia,
Washington, DC, November 4, 2010.
Re Judicial Vacancies--United States District Court for the
District of Columbia.
Hon. Harry Reid,
Majority Leader, U.S. Senate, The Capitol, Washington, DC.
Hon. Mitch McConnell,
Minority Leader, U.S. Senate, The Capitol, Washington, DC.
Dear Senator Reid and Senator McConnell: On behalf of the
judges of the United States District Court for the District
of Columbia, I request that the Senate act soon to fill the
vacancies that exist at our Court.
Of our 15 authorized judgeships, we currently have four
vacancies. One has been vacant since January 2007. With the
additional vacancy that will result from Judge Ricardo M.
Urbina's assumption of senior status, effective January 31,
2011, this Court faces the prospect of having only 10 of its
15 authorized judgeships filled. The severe impact of this
situation already is being felt and will only increase over
time. The challenging caseload that our Court regularly
handles includes many involving national security issues, as
well as other issues of national significance. A large number
of these complex, high-profile cases demand significant time
and attention from each of our judges.
Without a complement of new judges, it is difficult to
foresee how our remaining active judges will be able to keep
up with the heavy volume of cases that faces us. A 33 percent
vacancy ratio is quite extraordinary.
Two nominees (Beryl Howell and Robert Wilkins) have been
reported out of the Senate Judiciary Committee and await
floor votes; two nominees (James Boasberg and Amy Jackson)
have had their hearings and hopefully will soon be reported
out of Committee.
We hope the Senate will act quickly to fill this Court's
vacancies so the citizens of the District of Columbia and the
Federal Government and other litigants who appear before us
continue to enjoy the high quality of justice they deserve.
Sincerely,
Royce C. Lamberth,
Chief Judge.
Mr. GRASSLEY. Madam President; toady we vote on our 13th judicial
nominee in just 29 legislative days. In this session of the Senate, we
have confirmed more judicial nominees than in the same time period for
any of the previous four Presidents.
I like to keep my colleagues up-to-date with our cooperation and
progress on judicial nominees. We continue to process nominees at a
fast pace in committee. We held our fourth nominations hearing
yesterday and have heard from 17 judicial nominees this year. The
Judiciary Committee met this morning and reported an additional
district court nominee. We have now reported 23 nominees, nearly 40
percent of the 58 judicial nominations made by President Obama this
year. The committee has taken some step forward on 55 percent of the
judicial nominees. We have delivered on our promise to move consensus
nominees.
Even with our fast pace, the current vacancy rate remains high. But
with 94 vacancies in the Federal courts, the President has only put
forward 44 nominees for those vacancies. That is 50 vacancies without a
nominee. For seats designated judicial emergencies, 57 percent of those
vacancies have no nominee.
As I have said in the past, the burden is on the President to
nominate consensus individuals for current vacancies. Yet, for the
second time, President Obama has sent up a nomination to a seat which
is not vacant. I think we can all agree the Senate's time and resources
are valuable. My priority continues to be carefully reviewing
nominations for vacancies which require our immediate attention.
Today we vote on Amy Berman Jackson, nominated to be a U.S. district
judge for the District of Columbia. Ms. Jackson is not the first
nominee to be considered for this vacancy. Michael O'Neill, who served
as chief counsel and staff director to then-Chairman Specter, was
nominated by President Bush to fill this seat in June of 2008. He
waited for more than 18 months for a hearing and a vote--neither of
which he received. His nomination was returned to the President in
January 2009. I am disappointed the Senate did not give Mr. O'Neill the
courtesy Ms. Jackson is receiving today.
Ms. Jackson received her A.B., cum laude, from Harvard College and
her J.D. from Harvard Law School, cum laude. Upon graduation from law
school, she served as a law clerk to the Honorable Harrison L. Winter
of the U.S. Court of Appeals for the Fourth Circuit.
Ms. Jackson served as an assistant U.S. attorney before moving into
private practice. She has focused on white-collar crime, plaintiffs'
work involving multidistrict litigation and civil matters. The ABA
Standing Committee on the Federal Judiciary has unanimously rated her
as ``well qualified.''
I congratulate the nominee and wish her well in her public service as
a U.S. district judge.
Mr. LEAHY. I yield back any time I have remaining.
The PRESIDING OFFICER. All time is yielded back.
Mr. McCONNELL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of Amy Berman Jackson, of the District
[[Page S1802]]
of Columbia, to be U.S. District Judge for the District of Columbia?
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from New Mexico (Mr. Udall)
is necessarily absent.
I further announce that, if present and voting, the Senator from New
Mexico (Mr. Udall) would vote ``yea.''
Mr. KYL. The following Senators are necessarily absent: the Senator
from Oklahoma (Mr. Inhofe) and the Senator from Nevada (Mr. Ensign).
The PRESIDING OFFICER (Mr. Bennet). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 97, nays 0, as follows:
[Rollcall Vote No. 45 Ex.]
YEAS--97
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Durbin
Enzi
Feinstein
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Hoeven
Hutchison
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Kirk
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Lee
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Paul
Portman
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Rubio
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (CO)
Vitter
Warner
Webb
Whitehouse
Wicker
Wyden
NOT VOTING--3
Ensign
Inhofe
Udall (NM)
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.
____________________