[Congressional Record Volume 157, Number 167 (Thursday, November 3, 2011)]
[Senate]
[Pages S7114-S7116]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF SCOTT WESLEY SKAVDAHL TO BE UNITED STATES DISTRICT JUDGE
FOR THE DISTRICT OF WYOMING
______
NOMINATION OF RICHARD G. ANDREWS TO BE UNITED STATES DISTRICT JUDGE FOR
THE DISTRICT OF DELAWARE
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the following nominations,
which the clerk will report.
The bill clerk read the nominations of Scott Wesley Skavdahl, of
Wyoming, to be United States District Judge for the District of
Wyoming, and Richard G. Andrews, of Delaware, to be United States
District Judge for the District of Delaware.
The PRESIDING OFFICER. There is 2 minutes, equally divided.
The Senator from Wyoming.
Mr. ENZI. Madam President, I wish to ask for your wholehearted
support for Judge Skavdahl of Wyoming. He was nominated by our
Democratic Governor. He was appointed by the President, and he has the
wholehearted support of our delegation. We have spoken for him in
committee and are doing that again on the floor. We have a full
statement we submitted. So I would thank you for your vote on this
nomination. He came up through the courts in Wyoming and now will be a
Federal judge, with your help.
I thank the Chair.
Mr. LEAHY. Madam President, I thank the majority leader for securing
votes on 2 of the 22 judicial nominees on the Senate's Executive
Calendar ready for Senate consideration. I am glad that we will finally
vote on the nominations of Scott Skavdahl to the District of Wyoming
and Richard Andrews to the District of Delaware, both qualified,
consensus nominees reported unanimously by the Judiciary Committee
nearly 2 months ago. I wish that we were able to vote today on the
other 20 judicial nominees who have been ready and waiting for final
Senate action.
This morning the Judiciary Committee reported another 5 judicial
nominations, bringing the total to 27 who have been thoroughly vetted,
considered and reported by the Judiciary Committee. All 27 of these
nominees are qualified and have the support of their home State
Senators, Republican and Democratic. Twenty-three of the 27 nominees,
like the 2 we will consider today, were unanimously approved by the
Judiciary Committee with all members. Senate Democrats are prepared to
have votes on all these important nominations. I know of no good reason
why the Republican leadership is refusing to proceed on the 20 nominees
who have been stalled before the Senate for weeks and months. At a time
when vacancies on Federal courts throughout the country remain near 10
percent, the delay in taking up and confirming these consensus judicial
nominees is inexcusable.
The American people need functioning Federal courts with judges, not
vacancies. Though it is within the Senate's power to take significant
steps to address this problem, refusal by Senate Republicans to consent
to voting on consensus judicial nominations has kept vacancies high for
years. The number of judicial vacancies has been near or above 90 for
over 2\1/2\ years. 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. These needless
delays do nothing to help solve this serious problem and are damaging
to the Federal courts and the American people who depend on them.
More than half of all Americans--over 163 million--live in districts
or circuits that have a judicial vacancy that could be filled today if
Senate Republicans just agreed to vote on the nominations reported by
the Judiciary Committee with bipartisan support. As many as 26 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
explain why they will not consent to vote on the qualified, consensus
candidates nominated to fill these extended judicial vacancies.
Senator Grassley and I have worked together to ensure that each of
the 27 nominations reported by the Judiciary Committee was fully
considered after a thorough but fair process, including completing our
extensive questionnaire and questioning at a hearing. This White House
has worked with the home State Senators, Republicans and Democrats, and
each of the judicial nominees being delayed from a Senate vote is
supported by both home State Senators. The FBI has conducted a thorough
background review of each nominee. The American Bar Association's
Standing Committee on the Federal Judiciary has conducted a peer review
of their professional qualifications. When the nominations are then
reported unanimously by the Judiciary Committee, there is no reason for
months and months of further delay before they begin serving the
American people.
Despite the damagingly high number of vacancies that has persisted
throughout President Obama's term, some Republican Senators have tried
to excuse their delay in taking up nominations by suggesting that the
Senate is doing better than we did during the first 3 years of
President Bush's administration. That is simply not true. It is wrong
to suggest that the Senate has achieved better results than we did in
2001 through 2003. As I have pointed out, in the 17 months I chaired
the Judiciary Committee in 2001 and 2002, the Senate confirmed 100 of
President Bush's Federal circuit and district court nominees. By
contrast, after the first 2 years of President Obama's administration,
the Senate was allowed to proceed to confirm only 60 of his Federal
circuit and district court nominees.
Indeed, as 2010 was drawing to a close, Senate Republicans refused to
proceed on 19 judicial nominees who had been considered and reported by
the Judiciary Committee and forced them to be returned to the
President. It has taken the Senate nearly twice as long to confirm the
100th Federal circuit and district court judge nominated by President
Obama as we had when President Bush was in the White House.
During the third year of President Bush's administration, the Senate
confirmed 68 of his Federal circuit and district court nominees. By
early November, 66 judges had been confirmed. In contrast this year,
even including many nominees confirmed this year who should have been
confirmed last year, the Senate has only confirmed 53 of President
Obama's judicial nominees. Fifty-three is not better than 66. By this
point in President Bush's first 3 years, the Senate had confirmed 166
of his Federal circuit and district court nominees. So far in the 3
years of the Obama administration, that total is only 113. One hundred
and thirteen is not better than 166. Notably, the Senate this year is
lagging far behind the pace we set for circuit court nominations in the
third year of President Bush's administration. The Senate this year has
confirmed just 6 circuit court nominations, compared to 12 at this
point in President Bush's third year. The six confirmations this year
are only half as many as were confirmed at this point in President
Bush's third year. There are five circuit court nominations pending on
the Senate's Executive Calendar today and a sixth circuit court
nomination reported by the committee this morning. By this point in the
third year of President Bush's administration, the Senate had confirmed
a total of 29 of his circuit court nominees. By comparison, the Senate
has confirmed only 22 of President Obama's circuit court nominees.
Twenty-two is not better than 29. By this point in the Bush
administration, vacancies had been reduced to 42. Today they stand at
85. Eighty-five vacancies is not better than 42.
This is not the way to make real progress. No resort to percentages
of nominees ``processed'' or ``positive action'' by the committee can
excuse the lack of real progress by the Senate. In the past, we were
able to confirm consensus nominees more promptly, often
[[Page S7115]]
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.
I think confirmations and vacancies numbers better reflect the
reality in our Federal courts and for the American people. It is hard
to see how the Senate is supposed to be doing better when it remains so
far behind the pace we set in those years. During President Bush's
first 4 years, the Senate confirmed a total of 205 Federal circuit and
district court judges. As of today, we would need another 92
confirmations over the next 12 months to match that total. That means a
faster confirmation rate for the next 12 months than in any 12 months
of the Obama administration to date. That would require Senate
Republicans to abandon their delaying tactics. I hope they will.
The two nominations we consider today are each superbly qualified
consensus nominees whom I expect will be confirmed with significant
bipartisan support. The nomination of Judge Scott Skavdahl to fill a
vacancy on the District of Wyoming was reported unanimously by the
Judiciary Committee on September 8, nearly 2 months ago. Judge
Skavdahl, who is currently a magistrate judge on the District of
Wyoming, having previously served as a law clerk for Chief Judge
William Downes, the judge he is nominated to replace, has the strong
support of his Republican home State senators, Senators Enzi and
Barrasso. Judge Skavdahl spent 8 years as a State court judge for the
Seventh Judicial District of Wyoming before that working in private
practice in Wyoming. The ABA's Standing Committee on the Federal
Judiciary unanimously rated Mr. Skavdahl ``well qualified'' to serve,
its highest rating.
The Judiciary Committee also unanimously reported the nomination of
Richard Andrews to fill a vacancy on the District of Delaware nearly 2
months ago. Mr. Andrews currently serves as Delaware's State
prosecutor, having previously spent 24 years as a Federal prosecutor in
Delaware, where he rose through the ranks to become chief of the
Criminal Division. Mr. Andrews was appointed to serve as the acting
U.S. attorney for Delaware on three occasions, including by John
Ashcroft, the Attorney General under President Bush. He also clerked
for Chief Judge Collins Seitz of the U.S. Court of Appeals for the
Third Circuit. Mr. Andrews has the strong support of both his home
State Senators, Senator Carper and Senator Coons, who worked with Mr.
Andrews in Delaware. I thank Senator Coons for chairing the committee's
hearing on Mr. Andrews' nominations and for working hard to move it
through the committee and Senate process.
The Senate must come together to address the serious judicial
vacancies crisis on Federal courts around the country that has
persisted for well over 2 years. We can and must do better for the more
than 163 million Americans being made to suffer by these unnecessary
Senate delays.
Mr. GRASSLEY. Madam President, today the Senate will confirm two more
judicial nominees, which will be the 52nd and 53rd article III
confirmations of this Congress. We have confirmed 17 judges in the past
30 days.
I may sound like a broken record, but despite what others have said,
we have and continue to make real progress on consensus nominees. We
have taken positive action on 85 percent of the judicial nominees
submitted by President Obama this year. Over 91 percent of nominees
submitted during President Obama's Presidency have had their hearing.
With these votes, only during 8 of the last 30 years has the Senate
confirmed more judicial nominees than we have done during this year.
I would like to say a few words about the nominees, both of whom I
support.
Scott Wesley Skavdahl is nominated to be a district court judge for
the District of Wyoming. He is a graduate from the University of
Wyoming and their College of Law. Judge Skavdahl began his legal career
in 1992 as an associate attorney at the law firm of Brown, Drew, Massey
& Sullivan. After 2 years with the firm, he departed for a 3-year
clerkship with the Honorable William F. Downes on the District Court
for the District of Wyoming.
In 1997, he returned to private practice at the firm Williams,
Porter, Day & Neville, where he made partner in 2000. From 2001 to
2003, Judge Skavdahl served as a part-time U.S. magistrate judge. He
also served as a State district judge for the Seventh Judicial District
of Wyoming from 2003 to 2011. In February 2011, Judge Skavdahl was
appointed U.S. magistrate judge for the District of Wyoming, a post he
holds to this day.
The American Bar Association Standing Committee on the Federal
Judiciary has rated Judge Skavdahl with a unanimous ``well qualified''
rating.
Richard G. Andrews is nominated to be a district judge for the
District of Delaware. Mr. Andrews received his bachelor of arts from
Haverford College in 1977 and a juris doctorate from the University of
California at Berkley Boalt Hall School of Law in 1981.
He began his legal career as a law clerk to the Honorable Collins J.
Seitz, Chief Judge of the U.S. Court of Appeals for the Third Circuit.
Mr. Andrews then joined the Office of the United States Attorney for
the District of Delaware as a Federal law clerk. After a year in that
position, he was named an assistant U.S. attorney.
Mr. Andrews spent the next 24 years in that office, handling a mix of
criminal and civil cases in Federal district court. He has served on
three occasions as acting or interim U.S. attorney, was first assistant
for a number of years in the office, and served as chief of the
Criminal Division.
Since 2007, Mr. Andrews has served as State prosecutor within the
Delaware Department of Justice.
The American Bar Association Standing Committee on the Federal
Judiciary has rated Mr. Andrews with a substantial majority ``well
qualified,'' minority ``qualified'' rating.
The PRESIDING OFFICER. Who yields back time?
Mr. HARKIN. Madam President, I yield back all time on our side.
The PRESIDING OFFICER. Time is yielded back.
Under the previous order, the nomination of Richard G. Andrews, of
Delaware, to be United States District Judge for the District of
Delaware is confirmed.
The question is, Will the Senate advise and consent to the nomination
of Scott Wesley Skavdahl, of Wyoming, to be United States District
Judge for the District of Wyoming?
Mr. INHOFE. Madam President, 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. REID. I announce that the Senator from Illinois (Mr. Durbin) and
the Senator from California (Mrs. Boxer) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Oklahoma (Mr. Coburn) and the Senator from Nevada (Mr. Heller).
The PRESIDING OFFICER (Ms. Klobuchar). Are there any other Senators
in the Chamber desiring to vote?
The result was announced--yeas 96, nays 0, as follows:
[Rollcall Vote No. 197 Ex.]
YEAS--96
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Enzi
Feinstein
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Hoeven
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
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
[[Page S7116]]
NOT VOTING--4
Boxer
Coburn
Durbin
Heller
The nomination was confirmed.
The PRESIDING OFFICER (Ms. Klobuchar). Under the previous order, the
motions to reconsider are considered made and laid upon the table. The
President shall be immediately notified of the Senate's action.
____________________