[Congressional Record Volume 157, Number 155 (Monday, October 17, 2011)]
[Senate]
[Pages S6583-S6587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF CATHY BISSOON TO BE UNITED STATES DISTRICT JUDGE FOR THE
WESTERN DISTRICT OF PENNSYLVANIA
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 assistant legislative clerk read the nomination of Cathy Bissoon,
of Pennsylvania, to be United States District Judge for the Western
District of Pennsylvania.
Mr. LEAHY. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
Mr. LEAHY. Mr. President, today the Senate will vote on the
nomination of Cathy Bissoon to the Western District of Pennsylvania,
one of 27 judicial nominations reported favorably by the Judiciary
Committee and on the Senate's Executive Calendar awaiting a vote. Like
24 of those 27 nominations, the nomination of Judge Bissoon was
reported unanimously by the Judiciary Committee, with every Republican
and every Democrat voting in support. Judge Bissoon is supported by
both of her home State Senators, Senator Casey, a Democrat, and Senator
Toomey, a Republican. I am glad we are finally able to vote on this
nomination nearly 3 months after it was reported. I have heard no
reason or explanation from the Republican leadership for this delayed
action.
There is no good reason or explanation for the Republican
leadership's refusal to vote on the other two dozen consensus nominees
stalled before the Senate, while a judicial vacancies crisis continues
to affect the Federal courts and hurt the American people. These are
all nominations that have gone through an extensive process. They were
considered by the White House and vetted before the President nominated
them. The White House has worked with the home State Senators,
Republicans and Democrats, and each is supported by both home State
Senators. The FBI has conducted a thorough background review. The ABA's
Standing Committee on the Federal Judiciary has conducted a peer review
of their professional qualifications. The Judiciary Committee has held
a hearing on each nominee, and each has responded to extensive
questioning. When they are then reported unanimously by the Judiciary
Committee, there is no reason for months and months of further delay
before they can start serving the American people.
With Republican agreement, we could vote not just on one district
court nomination, but on all 27 of the nominations reported by the
Committee. I trust that the Senate will be allowed to confirm
additional judicial nominations this week, before the upcoming recess,
so that we can begin to build on the agreement by the Senate leadership
in September to finally have votes on long stalled judicial nominees.
Votes on 4 to 6 nominations are what is required every week throughout
the rest of this year if we are to bring down a judicial vacancy rate
that remains at nearly 11 percent, with 90 vacancies on Federal courts
around the country.
Senator Grassley and I have worked together to ensure that each of
the 27 nominations on the Senate calendar was fully considered by the
Judiciary Committee after a thorough but fair process. We have worked
hard to ensure that the Committee continues to makes progress on
nominations. Our cooperation and work on the Committee makes the
continuing extensive and unexplained delays in the Senate's
consideration of judicial nominations even harder to understand.
These delays are damaging to the Federal courts and the American
people who depend on them. A recent report by the nonpartisan
Congressional Research Service found that we are in the longest period
of historically high vacancy rates in the last 35 years. The number of
judicial vacancies has been at or above 90 for well over 2 years. We
must bring an end to these needless delays in the Senate so that our
Federal courts can better serve the American people.
More than half of all Americans--almost 170 million--live in
districts or circuits that have a judicial vacancy that could be filled
today if the Senate Republicans just agreed to vote on the nominations
now pending on the Senate calendar. As many as 25 States are served by
Federal courts with vacancies that would be filled by these
nominations. Millions of Americans across the country are harmed by
delays in overburdened courts. The Republican leadership should
apologize to the American people or at least explain why they will not
consent to vote on the qualified, consensus candidates nominated to
fill these extended judicial vacancies.
In recent letters to the Senate Majority Leader and Republican
leader, ABA President Bill Robinson highlighted the problems created by
these excessive vacancies on the Federal courts, writing:
Filling existing vacancies on the federal bench has become
a matter of increasing urgency. Across the nation, federal
courts with high caseloads and longstanding or multiple
vacancies have no choice but to delay or temporarily suspend
their civil dockets due to Speedy Trial Act requirements.
This deprives our federal courts of the capacity to deliver
timely justice in civil matters and has real consequences for
the financial well-being of businesses and for individual
litigants whose lives are put on hold pending resolution of
their disputes.
Nothing less than a sustained, concerted, and cooperative
effort will be sufficient to make discernible progress in
reducing the longstanding and dangerously high vacancy rate
on the federal courts. And, as important, nothing less will
assure litigants--businesses and aggrieved individuals
alike--that our federal courts have sufficient judges to hear
their cases in a timely and thorough fashion.
I ask unanimous consent that copies of Mr. Robinson's October 13
letters to the Senate leaders be included at the Record at the
conclusion of my remarks.
The Presiding OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. LEAHY. Those of us serving on the Senate Judiciary Committee are
making this kind of ``sustained, concerted, and cooperative effort.''
Regrettably, that effort is not duplicated by the Senate, because the
Senate Republican leadership continues to object, stall and delay
consideration of these much-needed judges.
This is not a partisan issue. Two weeks ago in a hearing before the
Judiciary Committee, Justice Scalia agreed that the extensive delays in
the confirmation process are already having a chilling effect on the
ability to attract talented nominees to the Federal bench. Chief
Justice Roberts has also described the ``persistent problem of judicial
vacancies in critically overworked districts.'' Hardworking Americans
are denied justice when their cases are delayed by overburdened courts.
While people appearing in court are waiting years before a judge rules
on their case, they feel they are being forced to live the old adage
``justice delayed is justice denied.''
I have heard Republican Senators come to the floor purporting to
justify their delays by selectively pointing to past instances in which
Democratic Senators opposed a handful of President Bush's most
ideological nominations. Their misguided attempt to go ``tit for tat''
and settle a political score on nominations ignores the realities of
the crisis in judicial vacancies created by their delays. They ignore
the fact that President Obama's current nominees are not divisive,
ideological picks, but consensus, qualified nominees who are being
blocked across the board for no good reason.
Senate Republicans also ignore the actual record on nominations
established by Senate Democrats in considering President Bush's
nominations. In the 17 months I chaired the Judiciary Committee during
President Bush's first 2 years in office, the Senate proceeded to
confirm 100 of his judicial nominees. In stark contrast, it has taken
us twice as long--34 months--to confirm just over 100 of President
Obama's judicial nominations. In President Bush's first term we
confirmed a total of 205 Federal circuit and district court judges. As
of today, we have almost 100 confirmations of President Obama's circuit
and district court nominations to go in order to match that total
during the next 12 months. Given the obstruction and delays during
these first 3 years of President Obama's administration, we have a lot
of ground to make up and
[[Page S6584]]
need to get started if the Senate is to be as productive as we were
during President Bush's first term.
Democrats did not go ``tit for tat'' on nominations during President
Bush's first years in office. Even though Senate Republicans pocket
filibustered more than 60 of President Clinton's judicial nominations
and refused to proceed on them while judicial vacancies skyrocketed to
more than 110, we proceeded. As I have noted, we confirmed 100 in 17
months during President Bush's first 2 years. Now, however, Senate
Republicans have not built on that progress and bipartisan cooperation
but have returned, instead, to their practices of obstruction in order
to hold judicial vacancies open, rather than confirm the nominations of
a Democratic President. And as a result, judicial vacancies have
skyrocketed, again. At this point in President Bush's first term we had
confirmed 162 Federal circuit and district court judges, and the
vacancy rate was down to 5 percent, with 46 vacancies. Vacancies are
now twice as high with a vacancy rate of nearly 11 percent and
vacancies again at 90, where they have been for well over 2 years.
This is not the way to make real progress. In the past, we were able
to confirm consensus nominees more promptly, often within days of being
reported to the full Senate. They were not forced to languish for
months. The American people should not have to wait weeks and months
for the Senate to fulfill its constitutional duty and ensure the
ability of our Federal courts to provide justice to Americans around
the country.
There is no good reason for the Republican refusal to consent to
votes on three circuit court nominations which were favorably reported
by the Judiciary Committee many months ago. We should be able to have a
debate and vote on the nomination of Caitlin Halligan, the superbly
qualified nominee to the ninth seat on the D.C. Circuit reported by the
Judiciary Committee over seven months ago. She is a highly-respected
appellate litigator who has excelled in private practice and public
service, including 6 years as Solicitor General of the State of New
York, and her nomination has the strong support of law enforcement and
a number of prominent conservative lawyers. With a new vacancy on that
court, it is now more than one-quarter vacant. Four of President Bush's
D.C. Circuit nominees were confirmed to that Court, twice filling the
tenth seat and once filling the eleventh seat. There is no reason we
cannot now confirm President Obama's first D.C. Circuit nominee to fill
the ninth seat.
There is also no reason for the Senate to have been required by
Republican objection to have skipped the nominations of Stephen
Higginson of Louisiana to the Fifth Circuit and Christopher Droney of
Connecticut to the Second Circuit. Each has been nominated to fill a
judicial emergency vacancy and each was reported unanimously by the
Committee three months ago and before the nomination being considered
today. In fact the Senate has only been allowed to consider 5 circuit
court nominations this entire Congress. This stands in sharp contrast
to the 17 circuit court nominations in 17 months that we confirmed when
I chaired the Judiciary Committee in 2001 and 2002 and President Bush
was in the White House.
The delays which have led to the damaging backlog in judicial
nominations are compounded by attempts by Senate Republicans to use
invented controversies to damage qualified nominees. The decision by
the entire Republican caucus to vote against the nomination of Alison
Nathan to the Southern District of New York last week reminded me of
the shameful party line vote which defeated President Clinton's nominee
of Justice Ronnie White of Missouri in 1999. Even though Alison
Nathan's nomination had been reported in July with the support of half
of the Republican members of the Committee, last week those Senators
flipped their votes and all Republican Senators voted as a bloc against
confirming her to the Federal bench. That was extraordinary.
Fortunately, they did not prevail and Judge Nathan, an accomplished,
impressive nominee, was confirmed. She deserved better treatment by
Senate Republicans, not their party line opposition.
Today the Senate finally considers the nomination of Cathy Bissoon.
She will make a superb addition to the Federal bench. She is already
well-known on the court to which she is nominated, having served as a
Magistrate Judge for the Western District of Pennsylvania since 2008,
when she became the first Hispanic woman appointed to that role. She
also clerked for Judge Lancaster of the Western District following law
school. Judge Bissoon worked in private practice for 14 years at Cohen
& Grigsby and Reed Smith in Pittsburgh, Pennsylvania. Both of
Pennsylvania's Senators support her nomination. Senator Casey, in
particular, has worked very hard to help us get to this day. The
Judiciary Committee favorably reported Judge Bissoon's nomination
without dissent in July. When confirmed, she will be the first Hispanic
woman to serve the Western District of Pennsylvania as a Federal judge.
I hope we can consider additional judicial nominations this week to
address the serious judicial vacancies crisis on Federal courts around
the country that has persisted for over 2 years. We can and must do
better for the nearly 170 million Americans being made to suffer by
these unnecessary Senate delays.
Exhibit 1
American Bar Association,
Chicago, IL, October 13. 2011.
Hon. Mitch McConnell,
Republican Leader, U.S. Senate,
Washington, DC.
Dear Republican Leader McConnell: I am writing on behalf of
the American Bar Association to commend you on the
confirmation of ten judges during the past two weeks. Your
agreement with Senator McConnell allowed a higher number of
judges to be confirmed than in any prior month this Congress.
Moreover, your scheduling of the first six nomination votes
on the same day was a welcome departure from the general
pattern observed this Congress of considering only one or two
nominees at a time. We strongly encourage you to continue to
schedule same-day votes on multiple nominees throughout the
rest of the session. Nothing less than a sustained,
concerted, and cooperative effort will be sufficient to make
discernible progress in reducing the longstanding and
dangerously high vacancy rate on the federal courts. And, as
important, nothing less will assure litigants--businesses and
aggrieved individuals alike--that our federal courts have
sufficient judges to hear their cases in a timely and
thorough fashion.
Filling existing vacancies on the federal bench has become
a matter of increasing urgency. Across the nation, federal
courts with high caseloads and longstanding or multiple
vacancies have no choice but to delay or temporarily suspend
their civil dockets due to Speedy Trial Act requirements.
This deprives our federal courts of the capacity to deliver
timely justice in civil matters and has real consequences for
the financial well-being of businesses and for individual
litigants whose lives are put on hold pending resolution of
their disputes.
The effect of the recent confirmations on the overall
vacancy rate amply attests to the need for continued
bipartisan action to achieve progress. On September 7, the
day after the Senate's first confirmation vote since its
return from the August recess, there were 91 vacancies on the
federal bench. Despite the recent confirmation of ten judges,
there are 92 vacancies on the bench today because of recent
retirements and a death. Regrettably, this outcome is not an
aberration or product of selective statistical reporting;
even though the Senate has confirmed from one to seven judges
every month this Congress, the vacancy rate continues to
hover around 10 percent--right where it has been for the past
24 months.
However, if the Senate were to confirm by the end of this
month the 29 nominees currently pending on the floor who were
reported from the Judiciary Committee by bipartisan voice
vote, the vacancy rate would drop to approximately seven
percent, absent unanticipated events. That would be a real
accomplishment.
We urge you to build on your recent success by continuing
to reach agreements to schedule multiple nominees for votes
on the same day at regular intervals throughout the remainder
of this session. Given the long-term backlogs, it is
important that confirmations outpace attrition and that the
Senate has the opportunity to achieve significant success in
reducing the vacancy rate and providing the federal judiciary
with the judges it needs to evaluate each case on its merits
and dispense timely justice to all.
Sincerely,
Wm. T. (Bill) Robinson III,
President.
Mr. GRASSLEY. Mr. President, today the Senate will vote on the
nomination of Cathy Bissoon to be U.S. District Judge for the Western
District
[[Page S6585]]
of Pennsylvania. Today's vote marks the 49th judicial confirmation this
year and the 11th in just 2 weeks.
In committee we continue to achieve great progress as well. Eighty-
four percent of the judicial nominees submitted this Congress have been
afforded hearings. We have reported 77 percent of the judicial
nominees. We have another hearing scheduled for later this week, our
16th nomination hearing of this year. In total, the committee has taken
positive action on 85 of the 98 nominees submitted this Congress, or 87
percent.
Let me say just a few words about the nominee we are considering
today.
Judge Bissoon graduated summa cum laude from Alfred University with a
bachelor of arts in 1990. In 1993, she earned her juris doctorate from
Harvard Law School. Judge Bissoon began her career at Reed Smith in
Pittsburgh, PA, and then clerked for Judge Gary Lancaster of the U.S.
District Court for the Western District of Pennsylvania.
Following her clerkship, Judge Bissoon returned to private practice
at Reed Smith where she worked primarily with employment and labor
litigation. Judge Bissoon also served as the Firmwide director of
diversity and as the firmwide practice group leader of Reed Smith's
employment practice group. From 2007 to 2008, Judge Bissoon continued
to practice employment and labor law as the Director and Department
head of the labor group at Cohen & Grigsby.
In August 2008, the U.S. District Court for the Western District of
Pennsylvania appointed Judge Bissoon as a U.S. magistrate judge.
Judge Bissoon received a unanimous ``Qualified'' rating from the ABA
Committee on the Federal Judiciary.
I support this nomination and congratulate her on her professional
accomplishments.
Mr. LEAHY. I see the senior Senator from Pennsylvania wishes to
speak. I will yield to him in a moment.
First, I ask consent that I speak briefly about the Transportation
and Highway appropriation bill the Senate is going to next be debating.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. I want to thank the subcommittee chair, Senator Murray,
and the ranking member, Senator Collins, for all the assistance they
provided to me on several issues that are important to Vermont,
especially in the wake of Hurricane Irene's massive devastation a few
weeks ago. I have talked on the floor many times about what happened in
Vermont with Hurricane Irene.
I was born in Vermont. I have never seen anything like this. It
reminds me of the story my grandparents told me of a flood in the early
20th century. We have seen roads, bridges, businesses, homes, farms all
over the State wiped out, with repair estimates topping nearly $900
million.
My wife and I have gone all over the State. I have gone with the
Governor, adjutant general, and others, seeing things that literally
brought me to tears in our beautiful State. Getting hit like that, it
is very clear, as I have talked to the people working, that everybody
has pitched in. Whether they are from the town that got hit or the next
town over that might not have been hit, everybody has pitched in.
It is clear in our little State of 660,000 people we are stretched to
the limit. If we don't have adequate Federal disaster recovery aid,
Vermont will not have the resources needed to rebuild the lifelines
destroyed--the homes, roads, and businesses represented in the daily
lives of so many Vermonters and their communities.
Several Federal disaster programs are woefully underfunded. The
highway administration emergency relief fund has less than $140 million
in reserves. It has a backlog of more than $2 billion to repair
projects from previous disasters, including $700 million from Vermont.
HUD had no funding available to provide Community Development Block
Grant funding to help our State rebuild. So I pushed hard for the $1.9
billion in emergency highway funding and for the vital State waivers
that allow States to access the crucial repair work they need without
overly restrictive cost sharing. I talked to the Governor, Senator
Sanders, Congressman Welch, other State and municipal officials about
Vermont's rebuilding needs.
The Governor was down here last week. We sat in my office to talk
about the rebuilding needs. These waivers are always at the top of the
priority list or our State is going to be devastated.
There are also in this bill provisions that will permanently shift
trucks from overburdened State secondary roads, some of which are now
dirt roads because of the flooding. They wind through many downtowns
across our State's interstate highways. This will especially help
Vermont businesses and communities that are struggling most from the
large number of State and local roads heavily damaged by Irene. I was
glad to work with Senator Collins to include the Vermont provision and
any similar provision for Maine. Again, bipartisan cooperation has
succeeded.
We included $400 million in emergency CDBG funding. It is a critical
downpayment to address housing needs of those hurt by Irene and the
flooding this past spring. We have to do this right away. It will be
snowing in Vermont in a matter of weeks. Today is a beautiful day. I
have been there long enough to know, if you don't like the weather,
wait a minute, it will change. We have to get people back in their
homes. Vermonters are working hard to make the necessary funding, but
we need this. We need this help.
As a Vermonter said to me: Senator, it appears we can spend unlimited
amounts of money to rebuild roads and bridges in Iraq and Afghanistan,
and they just blow them up. Can't we find even a small portion of that
money to rebuild roads and bridges and homes in America by Americans
for Americans? And Americans will protect them.
I thank the distinguished senior Senator from Pennsylvania, and I
yield to him.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. CASEY. Mr. President, I rise to speak in favor of the nomination
of Judge Cathy Bissoon, and I ask unanimous consent to speak for no
more than 10 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CASEY. Mr. President, I first of all want to thank Senator Leahy,
the chairman of the Judiciary Committee, for working with both parties
to move these nominations along. I also want to thank Senator Toomey,
my colleague from Pennsylvania, for his work and cooperation in moving
our Pennsylvania judicial nominees forward. I am grateful for his help
and cooperation.
I rise to speak about Judge Cathy Bissoon, who is a daughter of
Brooklyn, NY. She was born there and became a Pennsylvanian after law
school. Cathy Bissoon is of Hispanic origin. Her mother was from the
West Indies and her dad was from Puerto Rico.
When she was 4 years old and living in the Williamsburg section of
Brooklyn, her father was stabbed to death in a park blocks from her
home. Her mother remarried and her family moved to Queens. As I
mentioned before, she moved to Pittsburgh after law school. This is a
remarkable American story. It is an American story of economic
achievement, of overcoming obstacles, and of striving for excellence.
Her educational background is stellar as well. She received her
jurist doctorate degree in 1993 from Harvard Law School, after
receiving her degree in political science summa cum laude in 1990 from
Alfred University in Alfred, NY.
A quick summary of her career is as follows:
Her service as a U.S. magistrate judge for the Western District of
Pennsylvania, a position that she held in the Court's Pittsburgh
division since the year 2008.
From 2007 until her appointment to the bench, Judge Bissoon was in
private practice in Pittsburgh as a director of the law firm of Cohen &
Grigsby, where she served as the head of the labor and employment
group.
Previously she was a partner in the law firm of Reed Smith from 2001
to 2007 and an associate in that same firm beginning in 1993.
So she has a long record of service as a lawyer and advocate and
someone whose career has been marked by distinction in the law as well
as a judge.
She also served as the Reed Smith law firm director of diversity. It
was a diversity initiative she developed to recruit, retain, and
promote minority lawyers.
[[Page S6586]]
From 1994 to 1995 she was a law clerk for the Honorable Gary L.
Lancaster of the U.S. District Court for the Western District of
Pennsylvania.
This is a nomination that has not only received bipartisan support,
but it is a nomination I think we can all be proud to advance and vote
on today.
I urge all my colleagues to give an affirmative vote to Judge
Bissoon.
I know we are limited to time. As my colleague, Senator Toomey,
mentioned a couple of moments ago, we will be moving, we hope, soon to
the consideration of two other nominees, and I want to make some
comments for the Record for both of those.
Mark Hornak was born in Homestead, PA. He received his law degree
summa cum laude in 1981 from the University of Pittsburgh School of Law
and graduated second in his class and was editor-in-chief of the
University of Pittsburgh Law Review.
He received his undergraduate degree cum laude in 1978 from the
University of Pittsburgh and was a member of Omicron Delta Kappa
Honorary Society, a National Merit Scholar, and on the dean's list.
He has been a partner in the law firm of Buchanan Ingersoll & Rooney
since 1982 where he specialized in media, defense, governmental
representation, and is a member of the firm's executive committee.
As I said before, I will include other references to his career as a
lawyer and advocate. I have known Mark for a long time. I know him to
be a person of integrity and someone who would serve our State with
distinction in the Western District of Pennsylvania.
Finally, someone I have known for over 20 years, Robert David
Mariani. Bob has been in practice as a civil litigator in my hometown
of Scranton for some 34 years. His educational background is equally as
distinguished as our other nominees. He received his law degree cum
laude in 1976 from Syracuse University College of Law and his
undergraduate degree in 1972 from Vilanova University, also cum laude.
Since 2001, he has been the sole shareholder in the law firm of
Robert D. Mariani P.C. He has been an instructor for 5 years in the
Union Leadership Academy Program sponsored by Penn State University,
and was sole proprietor in his own law firm from 1993 to 2001. Of
course, he was a partner in the same firm, or a similar firm by the
name of Mariani & Greco from 1993.
When my father served as Governor of Pennsylvania, he nominated Bob
to fill a vacancy on the Pennsylvania Superior Court. It was a great
honor. I know how high his standards were. Bob Mariani comes to this
appointment with great distinction, a long and distinguished career in
the law, and I know he will be a great judge in the Middle District of
Pennsylvania.
I will conclude by saying I could say more about Judge Bissoon, Mark
Hornak, and Bob Mariani, but their record will be amplified by written
commentary of their achievements, and I ask unanimous consent to have
printed in the Record a more thorough summary of their qualifications
at this time.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Cathy Bissoon
Birthplace: Brooklyn, New York.
Hispanic, mother from the West Indies, father was Puerto
Rican.
When she was 4 years old and living in Williamsburg,
Brooklyn, her father was stabbed to death in a park blocks
from her home.
Her mother remarried and her family moved to Queens.
Moved to Pittsburgh after law school.
Education: Received her J.D. in 1993 from Harvard Law
School, and her B.A. Political Science (summa cum laude) in
1990 from Alfred University in Alfred, New York.
Career:
Serves as United States Magistrate Judge for the Western
District of Pennsylvania, a position she has held in the
Court's Pittsburgh Division since 2008.
From 2007 until her appointment to the bench, she was in
private practice in Pittsburgh as a director of the law firm
of Cohen & Grigsby, where she served as the head of the Labor
& Employment Group.
Previously was a partner in the law firm of Reed Smith from
2001 to 2007 and an associate at the same firm beginning in
1993.
Served as Reed Smith's Director of Diversity for six years,
a diversity initiative she developed to recruit, retain and
promote more minorities.
From 1994 to 1995, she was a law clerk to the Honorable
Gary L. Lancaster of the U.S. District Court for the Western
District of Pennsylvania.
Honors and Awards:
Recipient of the Thurgood Marshall Multicultural Prism
Award from Minorities in Business Magazine for individual
contributions to diversity in the legal profession (2006).
Was Named Fellow of the Litigation Council of America
(formerly the American Academy of Trial Counsel) (2007-2008).
Listed multiple years in the Best Lawyers in America.
Named a ``Pennsylvania Super Lawyer'' by Philadelphia
Magazine.
Named by Chambers USA as one of the top employment lawyers
in Pennsylvania (2004-2008).
Was recognized as one of the top 50 lawyers in Pennsylvania
under the age of 40 by Pennsylvania Law Weekly.
Was honored by Pittsburgh Professional Women as one of
their 2010 Women of Integrity for her leadership, ethics and
community service.
Mark Raymond Hornak
Birthplace: Homestead, Pennsylvania
Education:
Received his J.D. summa cum laude in 1981 from the
University of Pittsburgh School of Law, graduated second in
his class and was Editor-in-Chief of the University of
Pittsburgh Law Review.
Received his B.A. cum laude in 1978 from the University of
Pittsburgh, was a member of Omicron Delta Kappa Honorary
Society, a National Merit Scholar and on the Dean's List.
Career:
Has been a partner at the law firm of Buchanan Ingersoll &
Rooney PC since 1982, where he specializes in civil
litigation, labor and employment law, media defense and
governmental representation and is a member of the firm's
Executive Committee.
Is the solicitor of the Sports & Exhibition Authority of
Pittsburgh and Allegheny County, which owns PNC Park, Heinz
Field, the David L. Lawrence Convention Center and Consol
Energy Center and represents the authority in litigation and
transactional matters.
Also represent national television, radio and publishing
clients in media litigation, including defamation, First
Amendment and access issues, and in transactional matters.
Prior to joining Buchanan Ingersoll & Rooney PC in 1982,
Honak served as a law clerk to the Honorable James M. Sprouse
of the U.S. Court of Appeals for the Fourth Circuit.
Honors and Awards:
Was selected by his peers for inclusion in the 2003-2010
editions of Chambers Guide to America's Leading Business
Lawyers.
From 2004 to 2010 was selected as a ``Top 50 Lawyer in
Pittsburgh''.
Has also been repeatedly selected to the Pennsylvania Super
Lawyers' list and selected by his peers for
inclusion in The Best Lawyers in America, 2006-2010.
Robert David Mariani:
Birthplace: Scranton, Pennsylvania.
Education: Received his J.D. cum laude in 1976 from
Syracuse University College of Law and his A.B. cum laude in
1972 from Villanova University.
Career:
Has spent the past 34 years as a civil litigator in
Scranton, Pennsylvania, where he specializes in labor and
employment law.
Since 2001, he has been sole shareholder in the law firm of
Robert D. Mariani, P.C.
Has been an instructor for 5 years in the Union Leadership
Academy Program sponsored by the Pennsylvania State
University.
Was sole proprietor in the Law Office of Robert D. Mariani
from 1993 to 2001 and was a partner in the law firm of
Mariani & Greco from 1979 to 1993.
Honors and Awards:
Nominated by Governor Robert P. Casey February 1993 to fill
an interim vacancy on the Pennsylvania Superior Court.
Named Contributing Editor of The Developing Labor Law,
Third Edition, published by the ABA and the Bureau of
National Affairs, Inc., and the 1990-1992, 1994, 1996, 1997
and 1998 Supplements thereto, and Fourth Edition and 2002
Supplement thereto.
Listed in the Martindale-Hubbell 1997 through 2010 Bar
Register of Preeminent Lawyers in the category of Labor and
Employment Law with a rating of ``AV.'' `A' rating is the
highest legal ability rating, while the `V' signifies very
high adherence to professional standards of conduct, ethics,
reliability and diligence.''
Listed in the ``Super Lawyers'' Edition of Philadelphia
Magazine in Labor and Employment Law in years 2005 through
2009.
Mr. CASEY. Mr. President, I am grateful that these candidates have
put themselves forward for public service on our Federal bench, and we
are looking forward today to a strong vote for Judge Bissoon when we
get to her vote this afternoon.
I yield the floor and note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk will call the roll.
Mr. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
All time has expired.
The question is, Will the Senate advise and consent to the nomination
of
[[Page S6587]]
Cathy Bissoon, of Pennsylvania, to be United States District Judge for
the Western District of Pennsylvania?
The yeas and nays were previously ordered.
The clerk will call the roll.
Mr. DURBIN. I announce that the Senator from Washington (Ms.
Cantwell), the Senator from Minnesota (Ms. Klobuchar), the Senator from
Missouri (Mrs. McCaskill), the Senator from New Mexico (Mr. Udall), the
Senator from Virginia (Mr. Webb), and the Senator from Oregon (Mr.
Wyden) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Utah (Mr. Hatch), the Senator from Georgia (Mr. Isakson), the
Senator from North Carolina (Mr. Burr), the Senator from South Carolina
(Mr. DeMint), the Senator from South Carolina (Mr. Graham), the Senator
from Nevada (Mr. Heller), the Senator from Idaho (Mr. Risch), the
Senator from Florida (Mr. Rubio), and the Senator from Mississippi (Mr.
Wicker).
Further, if present and voting, the Senator from Utah (Mr. Hatch)
would have voted ``yea'' and the Senator from Georgia (Mr. Isakson)
would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 82, nays 3, as follows:
[Rollcall Vote No. 166 Ex.]
YEAS--82
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Boozman
Boxer
Brown (MA)
Brown (OH)
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
Durbin
Enzi
Feinstein
Franken
Gillibrand
Grassley
Hagan
Harkin
Hoeven
Hutchison
Inouye
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Kirk
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Lee
Levin
Lieberman
Lugar
Manchin
McCain
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Portman
Pryor
Reed
Reid
Roberts
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (CO)
Vitter
Warner
Whitehouse
NAYS--3
Blunt
Inhofe
Paul
NOT VOTING--15
Burr
Cantwell
DeMint
Graham
Hatch
Heller
Isakson
Klobuchar
McCaskill
Risch
Rubio
Udall (NM)
Webb
Wicker
Wyden
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.
____________________