[Congressional Record Volume 157, Number 140 (Tuesday, September 20, 2011)]
[Senate]
[Pages S5760-S5763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                     Vermonters Helping Vermonters

  Mr. President, I will continue because I am not taking time from 
anybody on this. The time has been reserved to talk some more, to talk 
about what has been happening in Vermont.
  I have spoken many times about my native State and what we went 
through with Tropical Storm Irene.
  I was born in Vermont. My family came to Vermont in the 1800s. 
Nothing in my lifetime has approached the devastation we see in our 
State. Vermonters have continued to struggle to regain a sense of 
normalcy. Bridges, railroads, and roads remain damaged or wiped out. 
Those many homes, businesses, and schools that were not entirely washed 
away are in need of profound repairs. Farmers are struggling to salvage 
what they can of their livelihoods.
  It is late September. In Vermont, October can bring snow. But amid 
the din and destruction of the debris of this horrific natural disaster 
come hundreds of heartening stories of either things I have seen 
firsthand or I have heard about Vermonters rising to the occasion to 
help their neighbors and friends, even strangers, to mobilize to 
recover.
  I saw a man shoveling out a store. I asked him if it was his store. 
He said: No. I said: Do you live here? He said: No; I live two towns 
over. I said: Do you know the store owner? He said: No. But, he said, I 
wasn't damaged. I wasn't hurt; he was. I would hope that if I was hurt, 
somebody would help me.
  Vermonters are known for our sense of community. We are known for our 
plentiful determination. Our State's people have proven their fortitude 
tenfold in the aftermath of this disaster.
  The Weston Playhouse, a renowned playhouse, where actors from around 
the country come in the summertime, had half their theater performance 
stage wiped out by the floods. The theater group stripped the entire 
playhouse, set up a temporary stage so they could perform their 
upcoming show.
  The Town Meeting House in Pittsfield has been converted into a 
medical clinic. The Air National Guard dropped more than 14,000 Meals 
Ready to Eat in the town so that those stranded had enough food. In 
addition to those meals, many others have donated meat and other goods 
so there is plenty of food to go around. Schools have fundraised to 
help provide free hot breakfasts to students, and Vermonters around the 
State have opened their homes to those who have lost theirs during the 
storm.
  Various fundraisers, including some college students who are 
classmates of my son, have a group called Phish. They did their first 
live concert in years and they raised over $1 million--just one thing 
after another. But then, there are also bake sales and car washes to 
raise money.
  One way where the indomitable Vermont spirit has endured is through 
the remarkable efforts of Vermont students and schools. Schools have 
started. I know; I have grandchildren going to school there. The 
schools faced tremendous challenges to open their doors just days after 
Irene descended on us. Many had to delay opening for a few

[[Page S5762]]

days because the school buildings were serving as community centers for 
families who had lost their homes and children who had lost everything 
in the storm. But let me show a couple examples of students making the 
most.
  Look at this New York Times picture. This is the Barstow Memorial 
School students in Chittenden. Chittenden is actually in Rutland 
County, down in the southwest part of our State. They used this trail 
to navigate on their way to school. They were going to go to school. 
They were cut off. There was no road to go to school, to get to the 
schoolbus. The parents of these children said: They are going to 
school.
  Look at the mud on this child's legs. Look at the people. Look at 
them walking, carrying things. ``We are going to school.''
  The washout on Route 4 took weeks to fix, so these students slogged 
along a muddy trail to meet vans and cars half a mile away, whether it 
was raining or dark or cold or anything else, and these cars carried 
the students to buses to take them the rest of the way to school. 
Community members helped chaperone the children on the trail. The whole 
community turned out. They stood there and they passed out snacks and 
refreshments.
  When these students arrived at school, they were caked with mud. They 
didn't look like the children who normally come to school, but they 
were proud of their twice-a-day routine. They made it to school.
  Moretown Elementary. This is one town over from where I live. I had a 
grandmother born there. They fared worse than many schools in the 
State. The buildings sustained damage and flooding overtook the 
school's septic system. The principal and teachers came together. They 
organized a series of field trips to get the kids out of the devastated 
town so they could continue in their studies. They visited Shelburne 
Farms and Montshire Museum, just to name two venues. Last week, with 
the school still closed, they met. They met. Look at that. The baseball 
field was covered by donated tents, as seen in this photo from the Web 
site of the Vermont Public Radio, where teachers held classes. The 
school's offices operated from popup trailers. Kids took well to their 
new school schedule, and teachers there are glad to provide the support 
they need.
  The children of Vermont and their families and teachers are doing 
their utmost to make their way through these extremely difficult times. 
But these inventive measures are not permanent solutions. Vermonters 
are doing all they can and more to help each other recover, which makes 
it all the more dismaying that some in Congress seemed determined to 
play politics with disaster relief. Millions of American families and 
businesses, not just in Vermont but across the country have been 
devastated by an unprecedented series of floods, tornadoes, hurricanes, 
wildfires and other natural disasters this year, reaching into nearly 
every single State of our Union. This is no time to dawdle or to ignore 
the urgent needs of fellow Americans. We are one Nation, and until now 
we have willingly and generously come to the aid of our fellow 
Americans in times of need.
  This is the time to help our fellow Americans who have suffered 
tremendous losses. Many of our states will take years to recover. I am 
pleased the Senate passed this essential bill last week, and I urge the 
House to send this emergency disaster relief bill to the President, 
without further delay.
  We Americans are spending hundreds of billions of dollars to rebuild 
Iraq and Afghanistan. Let's spend this money amount to rebuild America 
for Americans.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Casey). The Senator from Iowa.
  Mr. GRASSLEY. Mr. President, we are on judicial nominees; is that 
right?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. GRASSLEY. I would like to, first of all, yield such time as he 
might consume, before I speak, to the Senator from South Carolina so he 
can speak about one of the judges that are up for nomination.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. GRAHAM. I wish to thank you and Senator Leahy for bringing the 
nomination to the floor.
  Very quickly, colleagues, this is a confirmation vote for Timothy 
Cain to be a Federal judge in South Carolina. Tim was my law partner, 
so I will just put my biases right out on the table.
  He has been a family court judge since 2000 in the Tenth Judicial 
Circuit, dealing with the most complicated and emotional issues in the 
law, and we will not find one person who has practiced before Tim Cain 
as a lawyer who has anything other than high praise for the way he 
handles himself.
  Tim has been a prosecutor, a public defender. He was assistant county 
attorney. He has a very distinguished record in the law. But, more 
important, he is one of the most decent people I have ever met. His 
wife Renee and son Martin are the most charming, decent people one 
could ever hope to meet. I thank President Obama for nominating him. I 
appreciate the support from Senator Leahy and Senator Grassley working 
this nomination through the process.
  This will be a big win for the State of South Carolina and all who 
come before Judge Cain. He is a total package of intellect, character, 
integrity, common sense, judicial disposition and demeanor, and I could 
not be more proud. This is probably one of the most satisfying moments 
I have had as a Senator, to get up and recommend to my colleagues the 
approval of Tim Cain to be a Federal judge in the State of South 
Carolina. I just can't wait to see him take over in our courts and 
administer justice.
  So I say to Senator Grassley and Senator Leahy, thank you both.
  I yield the floor.
  Mr. GRASSLEY. Mr. President, today the Senate will vote on the 
nomination of John Andrew Ross to be U.S. district judge for the 
Eastern District of Missouri, and also Timothy M. Cain, to be district 
judge for the District of South Carolina.
  Both seats have been deemed to be judicial emergencies. With these 
votes, we have confirmed 67 article 3 judicial nominees during this 
Congress. Of these, 23 have been for such judicial emergency type 
districts. I am pleased that we continue to have great progress in 
lessening the burden of our overworked courts, particularly 
concentrating upon judicial emergencies.
  I am somewhat surprised in the delay in bringing these votes we are 
going to have today to the full Senate, at the majority leader's 
request.
  Senate Republicans cleared these votes nearly 2 weeks ago, with the 
anticipation that the Senate would vote on these nominees last Monday, 
September 12. So I hope everyone understands these nominees could have 
been confirmed 8 days ago. It was not the Republicans then holding up 
these for the last 8 days.
  As I noted, we continue to make great progress in proceeding to 
President Obama's judicial nominees. These votes today are somewhat of 
a milestone. They are the 99th and 100th confirmation of President 
Obama's judicial nominees. As of today the Senate has confirmed 63 
percent of President Obama's judicial nominees since the beginning of 
his Presidency.
  Earlier today the Senate Judiciary Committee held its 14th nomination 
hearing. We have now heard from 82 percent of President Obama's 
judicial nominees this Congress. At this point in the 108th Congress, 
only 79 percent of President Bush's judicial nominees had received a 
hearing. We have also reported 69 percent of President Obama's judicial 
nominees compared to 67 percent of President Bush's.
  I am pleased with the progress and will continue to move forward with 
consensus nominees.
  Now I would like to say a few words about these two nominees.
  John Ross is nominated to be U.S. district judge for the Eastern 
District of Missouri. He presently serves as a circuit judge for the 
21st Judicial District in Missouri. Appointed to that position by the 
Governor in January 2000, Judge Ross was retained by the voters in 
Missouri in the retention elections of 2002 and 2008. During his 
tenure, Judge Ross was elected assistant presiding judge by his 
judicial colleagues in that circuit and served in that office from 2005 
to 2009. He was subsequently elected as presiding judge and has served 
in that capacity from 2009 until now.

[[Page S5763]]

  Prior to his appointment to the State bench, Judge Ross served as 
county counselor for St. Louis County and in the St. Louis County's 
Prosecuting Attorney's Office. He is a graduate of Emory University and 
the Emory School of Law. The American Bar Association Standing 
Committee on the Federal Judiciary unanimously rated Judge Ross ``well 
qualified.''
  Timothy M. Cain is nominated to be U.S. district judge of South 
Carolina. Judge Cain presently serves as a South Carolina Family Court 
judge in the Tenth Judicial Circuit. The South Carolina General 
Assembly elected him to that position in 2000 and reelected him in 2004 
and 2010. In 2005 the chief justice of South Carolina's Supreme Court 
appointed Judge Cain to serve as the chief administrative judge for the 
Family Court of the Tenth Judicial Circuit. By designation of the chief 
justice, Judge Cain also served as acting associate justice for the 
South Carolina Supreme Court on several occasions.
  Prior to his judicial service, Judge Cain had a distinguished private 
practice in South Carolina. He maintained a general practice and 
assisted in representing several local governments and municipal 
clients. During his years of private practice he also served the public 
sector. Judge Cain served as a part-time assistant public defender with 
the Oconee Defender Corporation in that State.
  From 1988 to 1990 he served as assistant solicitor general for the 
Solicitor's Office of the Tenth Judicial Circuit, where he represented 
South Carolina in prosecuting child abuse and neglect cases and various 
criminal cases.
  In 1992 the county supervisor appointed Judge Cain as county attorney 
for that home county.
  He is a graduate from the University of South Carolina and the 
University of South Carolina School of Law. The ABA Standing Committee 
on the Federal Judiciary unanimously rated Judge Cain ``qualified.''
  I congratulate both nominees and yield the floor.
  The PRESIDING OFFICER. Under the previous order, Calendar No. 169 is 
confirmed.
  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Timothy M. 
Cain, of South Carolina, to be United States District Judge for the 
District of South Carolina?
  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 legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Mexico (Mr. 
Bingaman) is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 99, nays 0, as follows:

                      [Rollcall Vote No. 140 Ex.]

                                YEAS--99

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     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
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (WI)
     Johnson (SD)
     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)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--1

       
     Bingaman
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid on the table.
  The President shall be immediately notified of the Senate's action.

                          ____________________