[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.

                          ____________________