[Congressional Record Volume 157, Number 47 (Monday, April 4, 2011)]
[Senate]
[Pages S2075-S2079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Remembering Former Governor Ned McWherter
Mr. ALEXANDER. Mr. President, it is my sad responsibility to announce
that former Gov. Ned McWherter of Tennessee has died this afternoon.
Ned had many friends here in Washington, but he had a lot more in
Tennessee.
What symbolized Ned McWherter to me was a story that occurred to me
when I was elected Governor in 1978. I was a young Republican, about 37
years old. There hadn't been many Republican Governors in Tennessee at
that time. The whole State was one party. It was very Democratic. Ned
McWherter was the speaker of the House. For those who knew Ned
McWherter, he was a big, burly, Hoss Cartwright sort of fellow. He and
the Lieutenant Governor, a Democrat, pretty well ran the capital.
Shortly after I came in, the Capitol Hill media came up to speaker
Ned McWherter and said: Well, Mr. Speaker, what are you going to do
with this new young Republican Governor?
Speaker McWherter said: I am going to help him, because if he
succeeds, our State succeeds.
For 8 years, as he was speaker and I was Governor, he did that. The
people of Tennessee apparently didn't mind it because after I left,
they elected him Governor. He served for 8 years. That sort of
bipartisan cooperation was the way I learned about politics in
Tennessee. Ned was a pretty thoroughgoing Democrat. He was one of
President Clinton's closest friends and early allies. Democrats all
around the country came to him for his homespun advice. He had no
problem working hard during election time to put legislators who were
Democratic in place of Republicans who were already in their seats.
That was not a problem for him. But in between elections, he knew what
to do. We would meet in the Governor's office every Tuesday morning,
and we would go over the issues, the Republican Governor and the
Democratic leaders. Then we would decide what to do. If I came up with
a better schools program, the Democrats would come up with an even
better ``better schools'' program. So when Tennessee became the first
State to pay teachers more for teaching well on a Statewide basis in
1984, I made the proposal, but it was the result of a bipartisan
education commission that Speaker McWherter and Lieutenant Governor
Wilder, both Democrats, and I jointly agreed on. When the legislature
agreed to it, I may have proposed it as Governor, but it was amended by
the Weakley County amendment, which was the home county of Speaker
McWherter. In other words, it was his willingness to fashion a
consensus bill on a revolutionary idea at the time, to reward
outstanding teachers by paying them more for teaching well.
He did the same thing with highways and roads. Tennessee had one of
the worst road systems in the country in the early 1980s. By the time
we were finished, we had what the truckers called the best. We had
three big road programs. We increased revenues to pay for it so we
didn't run up any debt. In every case, Speaker McWherter supported and
made sure legislation passed.
When we became a State that attracted Japanese industry, he knew the
commitments I made as a Republican Governor he would fulfill as a
Democratic leader of the House of Representatives and that he would
continue as a Democratic Governor. It was a seamless transition. The
same was true with the automobile industry when it had begun to come to
Tennessee. People began to look around for a central location with a
right-to-work law and good working people. Through a succession of
Governors--Republican, Democratic, Republican, Democratic--we worked
together to do that.
Of special interest to Washington, DC, right now, through all those
Democratic and Republican Governors, we agreed our State would have
almost no debt. Under Governor McWherter and Speaker McWherter, our
State had almost no debt. If we needed something, we paid for it. As a
result, we have low taxes.
Ned McWherter was one of the finest public servants I ever had a
chance to work with. He became a close friend. He had an infectious
personality and great sense of humor. One of the last visits I had with
him included the inauguration of the new Governor, Bill Haslam. Ned
McWherter, who was 80 years old, and Jim Haslam, father of the new
Governor, were the same age and the best of friends. Their sons
competed for the right to be the new Governor of Tennessee. Governor
McWherter and Jim Haslam, after the election, were the best of friends.
That is the kind of person Ned McWherter was.
There are a lot of people in our State who come in and out of
politics. Maybe they are appreciated, maybe they are not. Only a few
leave a lasting impression. Ned McWherter will be among the very few
who leave the most impression. Part of it was his big, burly,
infectious, lovable personality. Part of it was his good sense of
politics and openness around the State capital. But a lot of it was his
willingness to say to people such as a new young Governor of the
opposite party: I am going to help you succeed, because if you succeed,
our State succeeds.
Governor McWherter and I talked many times. I talked with him most
recently about 1 week ago. He was going to see his doctor again to find
out whether, as he said, he had a short fuse or a long fuse.
Apparently, he had a short fuse. He didn't have much life left in him,
although he may not have known it. Perhaps he did. He used to joke and
say the size of the crowd at your funeral will depend a lot on the
weather. I think all of us in Tennessee would say the size of the crowd
at Ned McWherter's funeral will have nothing to do with the weather,
because I imagine it will be standing room only, with people pouring
out of the back doors.
We are sad he is gone. But it has been 80 remarkable years. The
Governor who never graduated from college is the Governor who had the
courage to put into State law the Sanders model for relating student
achievement to teacher performance, helping our State win this
administration's Race to the Top Award some 15 or 20 years later. He
made a real contribution to our State. He has a big place in all our
hearts. I am sad to report he is gone. But it is an important time to
celebrate the life of a public servant whose lessons of how to achieve
consensus and still be a good politician will be a good lesson for
everyone in Washington, DC.
[[Page S2078]]
I yield the floor, suggest the absence of a quorum, and ask unanimous
consent that the time be equally divided between the parties.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. GRASSLEY. Mr. President, today our body, the Senate, is going to
vote to confirm the 15th judicial nominee for this year. If it seems to
my colleagues and to the public that we have been voting on a nominee
every week, well, we have been voting on a nominee at least once a
week. Both in committee and on the floor, judicial nominees have
regularly appeared on the Senate's agenda. We have taken positive
action on 34 of the 61 judicial nominees submitted to this Congress by
President Obama. We continue to hold hearings every 2 weeks to examine
the nominees' records and to receive testimony. The committee meets
every week to report nominees to the floor. So far, the committee has
reported 27 nominees, which is ahead of the 23 reported by this same
time in the 108th Congress.
This demonstrates my commitment and the commitment of Republicans on
the Judiciary Committee to cooperate with the chairman to move forward
on consensus nominees. Even as we do so, we continue to thoroughly
examine the records and the qualifications of all nominees, which is
the responsibility of the Senate.
I would note that a number of judicial nominations and at least one
executive branch nomination which remain on the Senate's Executive
Calendar are controversial in nature--in other words, not the consensus
approach which I have spoken about concerning other nominees to the
judiciary. I appreciate the efforts of our leadership to move in a
timely manner the nominations which are consensus nominees.
Today, we will vote on the nomination of Jimmie V. Reyna to be a U.S.
circuit judge for the Federal Circuit. Mr. Reyna received his B.A. from
the University of Rochester and his juris doctorate from the University
of New Mexico School of Law.
After graduating from law school, the nominee served as law clerk for
a firm and as an associate at an insurance defense firm in New Mexico.
It was in 1981 that Mr. Reyna formed his own firm and practiced
plaintiff injury, civil rights, and criminal law. He then moved to the
Washington, DC, area in 1986 and worked at an international trade firm,
eventually making partner of that law firm. Mr. Reyna continues to
specialize in international trade matters with the firm of Williams
Mullen, where he directs the international trade and customs practice
group and the Latin American Task Force.
The American Bar Association has rated this nominee unanimously
``well qualified,'' and of course I am pleased to support that
nomination.
The Federal Circuit is unique among the courts of appeal. It is not
geographical-based but has nationwide subject matter jurisdiction in
designated areas of the law. In addition to international trade, the
court hears cases on patents, trademarks, government contracts, certain
money claims against the U.S. Government, veterans' benefits, and
public safety officers' benefits claims.
Of particular interest to me, this court has exclusive jurisdiction
over cases related to Federal personnel matters. That includes
exclusive jurisdiction over appeals from the Merit Systems Protection
Board, which hears whistleblower cases under the Whistleblower
Protection Act. If anybody wonders why this Senator said that I have a
particular interest in this court and what it does on Federal personnel
matters, it is because I have been a longtime advocate for
whistleblower protection legislation and have been involved with my
colleagues in this body in passing some of that whistleblower
protection legislation.
I congratulate Mr. Reyna and his family on this important lifetime
appointment.
Thank you, Mr. President. I yield the floor.
Mr. CARDIN. Mr. President, I rise in support of the nomination of
Jimmie Reyna to be a U.S. Circuit Judge for the United States Court of
Appeals for the Federal Circuit. I had recommended that Mr. Reyna be
nominated.
Mr. Reyna comes to the Senate with 23 years of experience in
international trade law. Mr. Reyna currently is a partner in the
Washington, DC, office of Williams Mullen. Mr. Reyna directs the firm's
Trade and Customs Practice Group, as well as the firm's Latin America
Task Force, and has also served for several years on his firm's board
of directors, where he currently serves as vice president.
In his practice, Mr. Reyna handles matters before the various federal
agencies, and represents clients before the Court of International
Trade, the U.S. Court of Appeals for the Federal Circuit, and foreign
governmental, administrative, and judicial bodies. He also serves on
the roster of dispute settlement panelists for trade disputes under the
North American Free Trade Agreement and the World Trade Organization
Dispute Settlement Mechanism.
Mr. Reyna has also authored several articles and two books on
international trade issues, and his third book on the subject is due to
be published this spring. His experience in trade law would bring
important expertise to the Federal circuit, a unique court with
nationwide jurisdiction that deals with many trade law issues and yet
currently lacks a trade specialist.
Mr. Reyna was admitted to the New Mexico Bar in 1979 and the District
of Columbia bar in 1994. He received his J.D. from University of New
Mexico School of Law and his BA from University of Rochester. The
American Bar Association's Standing Committee on the Federal Judiciary
evaluated Mr. Reyna's nomination and rated him unanimously well
qualified, the highest possible rating.
Mr. Reyna's personal history is compelling. Born in New Mexico to a
modest family, his missionary parents instilled in him a belief that
all people are equal, a principle he has exemplified in his work to
ensure that all people are treated fairly in our legal system. After
law school, he worked as a litigator at a firm in Albuquerque and later
established his own practice dealing with domestic relations, civil
rights, tort, and criminal defense matters. In his practice, he often
represented clients pro bono, devoting a large portion of his time to
providing advice and representing individuals who could not afford
legal assistance.
A few years later, Mr. Reyna moved with his family to the Washington,
DC metro area, where he built his well-regarded career in international
trade.
Mr. Reyna has continually proven that he is an outstanding and civic-
minded person. Mr. Reyna is a well-known national leader in U.S.
Hispanic affairs. He has held various leadership positions in the
Hispanic National Bar Association, HNBA, including national president,
vice president of regional affairs, regional president, and chair of
the International Law Committee. During his term as national president
of HNBA, Mr. Reyna launched the association's first-ever community
outreach program called ``The Promise in the Law,'' which was designed
to instill trust and confidence in the U.S. legal system by the
Hispanic communities. Mr. Reyna also created ``The HNBA Journal of Law
and Policy,'' the HNBA's first law journal, which addresses policy and
legal issues affecting the Hispanic community. Currently, he serves on
the board of directors of the National Hispanic Leadership Agenda, an
organization that includes the country's 29 largest leading Hispanic
organizations.
Mr. Reyna is also a founder and a member of the board of directors of
the U.S.-Mexico Law Institute. He has received multiple awards for his
service to the Hispanic community, including the 2009 Ohtli Medal
Award, Mexico's highest award for a non-Mexican citizen. Through his
work, Mr. Reyna has strived to ensure that members of disadvantaged
communities are informed about the law, that the legal community is
prepared to handle the legal challenges facing the growing Latino
community, and that the judiciary remains strongly independent,
impartial, and accessible to all.
[[Page S2079]]
Mr. Reyna's civil service is not limited to his work for the Hispanic
community. He has been recognized by the Court of International Trade
for his extensive pro bono work before that court. He also serves on
the board of directors of the Community Services for Autistic Adults
and Children Foundation.
Mr. Reyna's nomination would also bring much-needed diversity to the
Federal circuit. Throughout his career, Mr. Reyna has shown a strong
commitment to diversity and racial equality, not only through his
service to the Hispanic community, but also through his service on the
ABA Presidential Commission on Diversity in the Legal Profession, and
as chair of the Williams Mullen Diversity Committee. If Mr. Reyna is
confirmed, he would be the first Latino to serve on the Federal circuit
in its history. With the nomination of Mr. Reyna, the Senate has
another opportunity to further increase the diversity of the Federal
bench.
Because of his vast qualifications, Mr. Reyna's nomination has
received support from various organizations and individuals, including
the HNBA and the Congressional Hispanic Caucus. Additionally, seven
former chairs of the American Bar Association Section on International
Law wrote a letter of endorsement for Mr. Reyna, affirming that Mr.
Reyna has ``the professional credentials, the experience and skills,
the appropriate temperament, and the fair and sound judgment'' to serve
on the Federal circuit.
And, last but certainly not least, Mr. Reyna is a resident of Silver
Spring, MD, and a constituent of mine.
In conclusion I urge the Senate to confirm Mr. Reyna's nomination to
be a U.S. circuit judge for court of appeals for the Federal circuit.
Mr. BENNET. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER (Mr. Franken). Is there a sufficient second?
There is a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of Jimmie V. Reyna, of Maryland, to be United States Circuit Judge for
the Federal Circuit?
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from North Dakota (Mr.
Conrad), the Senator from Minnesota (Ms. Klobuchar), the Senator from
New Jersey (Mr. Lautenberg), the Senator from Oregon (Mr. Merkley), the
Senator from Rhode Island (Mr. Reed), and the Senator from Michigan
(Ms. Stabenow) are necessarily absent.
I further announce that, if present and voting, the Senator from
Rhode Island (Mr. Reed) would vote ``yea.''
Mr. KYL. The following Senators are necessarily absent: the Senator
from South Carolina (Mr. DeMint), the Senator from South Carolina (Mr.
Graham), the Senator from Texas (Mrs. Hutchison), the Senator from
Idaho (Mr. Risch), the Senator from Pennsylvania (Mr. Toomey), the
Senator from Louisiana (Mr. Vitter), the Senator from Mississippi (Mr.
Wicker), and the Senator from Illinois (Mr. Kirk).
The PRESIDING OFFICER (Mr. Manchin). Are there any other Senators in
the Chamber desiring to vote?
The result was anounced--yeas 86, nays 0, as follows:
[Rollcall Vote No. 47 Ex.]
YEAS--86
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
Coons
Corker
Cornyn
Crapo
Durbin
Ensign
Enzi
Feinstein
Franken
Gillibrand
Grassley
Hagan
Harkin
Hatch
Hoeven
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Kohl
Kyl
Landrieu
Leahy
Lee
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Paul
Portman
Pryor
Reid
Roberts
Rockefeller
Rubio
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Tester
Thune
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--14
Conrad
DeMint
Graham
Hutchison
Kirk
Klobuchar
Lautenberg
Merkley
Reed
Risch
Stabenow
Toomey
Vitter
Wicker
The nomination was confirmed.
Ms. KLOBUCHAR. Mr. President, I regret that a commitment in
Minnesota has prevented me from being able to cast my vote in support
of Mr. Jimmie V. Reyna's confirmation to be a judge on the U.S. Court
of Appeals for the Federal Circuit. I believe that Mr. Reyna has the
stellar qualifications, intellectual capability, temperament and
integrity that are the hallmarks of our finest federal judges. Had I
been present this evening, I would have cast my vote in support of Mr.
Reyna.
I had the pleasure of being introduced to Mr. Reyna last year by
Peter Reyes, a constituent of mine who is an intellectual property
lawyer and a leader in the Minnesota Hispanic Bar Association. Upon
meeting Mr. Reyna, it was easy to see what the American Bar Association
later confirmed when it unanimously gave him the highest possible
rating for a judicial nominee: he is well qualified. I know that Mr.
Reyna's three decades of experience in private practice focusing on
international trade issues will serve him well given the Federal
circuit's unique jurisdiction. I congratulate Mr. Reyna on his
confirmation.
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.
____________________