[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.

                          ____________________