[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.

                          ____________________