[Congressional Record Volume 158, Number 26 (Thursday, February 16, 2012)]
[Senate]
[Pages S810-S814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE BUDGET
Mr. BARRASSO. Mr. President, I come to the floor as someone who sat
through the President's State of the Union and I have just come from a
Senate Energy Committee hearing. I sat through the State of the Union
near the Secretary of Energy and was happy when I heard some of the
comments of the President when he talked about an ``all of the above''
strategy, needing all of the sources of energy. But this Monday the
President's budget came out which is very different than that. It is a
budget I would like to discuss this morning and talk about because, as
I read through it, it looks to me as though the President has abandoned
his role as leader of the Nation by not being honest with the American
people about the significance of the debt that we as Americans face. To
me, this budget ambushes the American people. The President, under the
pretense of economizing, promises to cut $4 trillion of deficit over 10
years, but the budget itself actually piles $11 trillion of new debt in
that same timeframe.
Under the pretense of helping everyone to prosper, to me the
President's budget buries every single American under a mountain of
debt and that is a debt that is going to rob more and more from their
paychecks with each passing year. The savings the President promises
are not going to come. The spending he demands is for things we cannot
afford. It seems to me this President's budget is another painful step
on the road to bankrupting America.
We are in the fourth year of the Presidency, and for each of those 4
years the deficit has exceeded $1 trillion; $1 trillion in each of the
4 years of this Presidency.
How does that match with what the President has been saying? In
February of 2009, the President had been President about a month, he
made a pledge. The pledge was he would cut the deficit in half by the
end of his first term in office. Here we are, the final year of the
President's first term in office, and this deficit is still above $1
trillion. Once again, what the President has said to the American
people is very different than what he has delivered to the American
people. I am still waiting for a chance in this body, in the Senate, to
vote on the President's budget. The majority leader, who sits in the
front row, has said he doesn't intend to even bring it to the floor of
the Senate for a discussion or a debate or a vote. The law is pretty
clear: The President has to introduce a budget by a certain date--the
President missed that deadline--and the Senate and the House have to go
ahead and pass a budget, which this body has not done now for over
1,000 days. Multiple years and no budget has passed this body.
There actually was a vote last year on the President's budget. It was
one where the budget itself was called irresponsible, and there were a
number of press renderings on it. The majority leader refused to bring
it to the Senate floor, so the minority leader brought the President's
budget to the Senate floor. Not one Republican voted for it, but not
one Democrat voted for the President's budget either. The total count
on the President's budget last year in the Senate: 0 votes for the
President's budget, 97 votes against the President's budget. Yet the
President introduces another budget this year ignoring the two major
tidal waves we face, the tidal waves of Social Security and Medicare.
It is interesting. You read in the New York Times:
Obama Faces Task of Selling Dueling Budget Ideas.
President Obama more than ever confronts the challenge of
persuading voters that he has a long-term plan to reduce the
deficit, even as he highlights stimulus spending.
Challenging to persuade voters that he has a long-term plan to reduce
the deficit. What did he promise? What did he deliver? What we see is a
health care law where he promised one thing and delivered something
very different. We see it now in the budget, and the numbers are so
large. The numbers are so astronomically large that it is hard for one
to comprehend how much a deficit of $1 trillion truly is. You can visit
with high school students or service clubs or go to townhall meetings
or senior centers, the number is so large it is hard to wrap one's mind
around it.
The President tries to make people believe that everything would be
OK if he could just raise some taxes--just a little bit, he says--on
some other people--not you but other people--and everything would be
fine. When you actually look through this, to get to $1.3 trillion,
which is what the President has proposed in this year's budget as a
deficit, you could take all the millionaires and billionaires--things
he likes to rail about--and you could take every penny they earn over
that $1 million, all of them combined, and then on top of that sell off
all the gold in Fort Knox, add it all together, and that would not be
enough to cover just the deficit, that $1 trillion the President plans
to spend over and above what comes in. It is completely irresponsible,
but that is what we have seen from this administration.
So we have a President who makes presentations, gives speeches, and
yet what the American people see is something very different. So this
morning in the Energy Committee, we had an opportunity to visit with
the Secretary of Energy specifically on budgetary issues relating to
the budget and the future.
Of course, the President said he supported an all-of-the-above energy
plan for the country. Well, I support an all-of-the-above energy plan
for the country, but when you go through the details, that is not
exactly what the American people see. What the American people see is
the cost of gasoline at the pump continuing to go up. They see an
administration that is blocking an opportunity to move oil from
northern parts of our country, as well as from Canada, to the United
States for use here.
Take a look at the front-page headline of USA Today from a couple of
days ago:
``Chaotic spring'' predicted for gas. Average prices likely
to hit $4.05 a gallon.
People care about that. People all across the country drive around,
they see the signs up, they see what the cost of a gallon of gasoline
is, and they see it impacting their daily lives.
Today a number of us visited the Energy Committee and talked about
today's Wall Street Journal article this
[[Page S811]]
morning. ``Oil Rise Imperils Budding Recovery.'' We want this country
to recover. We want people to get back to work. We want to make it
easier and cheaper for the private sector to hire people and get
America working again. The price of energy goes up, the price of oil
goes up--``Oil Rise Imperils Budding Recovery.''
What does it say? ``The average price of a gallon of regular gasoline
has jumped 13.1 cents to $3.51 cents in the past month.'' So gasoline
at the pump is up 13 cents in the last month. This is according to AAA.
It goes on to say:
Some parts of the country have seen even bigger increases,
with prices approaching $4 a gallon in parts of California.
Higher prices at the pump--and this is where it really hits home.
This is what I hear about at home in Wyoming when the price of gasoline
goes up. And we drive great distances, Mr. President, in your home
State and my home State. People notice it because it impacts on other
things for which they can use that same money.
It says here in the Wall Street Journal:
Higher prices at the pump force consumers to cut back
spending on discretionary items like restaurant meals, hair
cuts and family vacations, hurting those industries.
Isn't that what it is really about as the price of gasoline at the
pump goes up? It hurts the ability of families and the quality of
life--they could spend that money in other ways.
It says:
A prolonged increase can drive up inflation and drive down
hiring.
We are a country that wants people to get back to work. We want to
give them those opportunities, and it just seems that the President's
budget and the policies of this administration and a rejection of
things that would actually help us with American energy are going to
make it harder for families. When the price of gasoline goes up, the
impact on an average family is over $1,000 a year in terms of their
ability to have disposable income. If it is a family dealing with a
mortgage and bills and kids, that is a huge difference in the quality
of life for those American families.
States around the country get it. I look at Wyoming. We are in our
legislative session there right now. We balance our budget every year.
The constitution demands it. If less money comes in, we spend less
money. They make the tough decisions.
The President said he is ready to make the tough decisions, but I
don't see tough decisions in this budget. What I see is a political
document, a campaign document, something that has more stimulus money
in it, money so he can promise people things. We all know how that
first so-called stimulus program went. To me, it was a failure. We had
spending of about $800 billion. The President promised that if we
passed the stimulus program, the unemployment rate would stay less than
8 percent. They put out charts, and by today, from those charts, the
unemployment rate should be 6 percent. The unemployment rate is still
8.3 percent. It has been over 8 percent for 36 months now.
When you look at this and look at the President's budget, to me, it
is debt on arrival. The budget spends $47 trillion, it borrows $11
trillion, and it increases the national debt to $26 trillion by 2022.
It is debt upon debt upon debt. So from were do you borrow the money? A
lot of it you borrow from overseas. A lot of it comes from China. So
what role is China playing now? Well, they are continuing to lend us
money.
By the way, when the President blocked the Keystone XL Pipeline, what
did China say to our northern neighbors, our big trading partner,
Canada? If the United States doesn't want it, if President Obama isn't
interested, we will take the oil in China. The Prime Minister of Canada
was in China last week doing exactly that--cutting a deal with the
Chinese for energy that will be sold from Canada. I think we should
want it. I think if we want to be energy secure and work on energy
security, which, to me, is an issue of national security, we should
want that energy. Good jobs; the amount of money in terms of jobs that
are available--this isn't government money, it is private money to put
people back to work. We haven't seen it, and this administration,
through its budget and through its policies, continues to oppose those
efforts for American jobs.
So what we see is that under the President's 10-year budget proposal,
the spending goes up every year without stop. Every year from now to
over the next 10 years, spending goes up and we see trillion-dollar
deficits year after year after year.
What is most disturbing to some of my colleagues who have accounting
degrees--especially the senior Senator from the State of Wyoming, who
is an accountant, who has run businesses; he looks at this, and he can
easily point out the budgetary gimmicks, the accounting tricks that
have been used over and over to make this budget, as irresponsible as
it happens to be, look not as bad as it really is.
This budget is bad for America, and it is a continuation of a number
of policies that have come out of this administration that have made it
harder and more expensive for the private sector to create jobs. What I
am trying to do is look for ways to make it easier and cheaper for the
private sector to create jobs. We have not seen it in the President's
budget, we have not seen it in the policies of this administration, and
we have not seen it in this President.
Thank you very much.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Vermont.
Mr. LEAHY. Mr. President, I ask unanimous consent to speak for up to
10 minutes as in morning business.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. LEAHY. The Senate was forced to spend the better part of this
week ending a filibuster against the nomination of Judge Adalberto
Jordan of Florida to fill a judicial emergency vacancy on the Eleventh
Circuit. Finally, after a four month Republican filibuster that was
broken on Monday by an 89 5 cloture vote, and after Republicans
insisted on two additional days of delay, the Senate was allowed to
vote on the nomination. We voted 94 5 to confirm Judge Jordan. I
suspect the vote would have been the same four months and two days
sooner. It was a colossal waste of the Senate's time and another week
lost to obstruction and delay.
Now the Senate Majority Leader has been required to file another
cloture petition on yet another consensus nominee. This is the ninth
time the Majority Leader has had to file a cloture petition to overcome
a Republican filibuster of one of President Obama's superbly-qualified
judicial nominees. The nomination of Jesse Furman to fill a vacancy on
the Southern District of New York has been stalled for more than five
months after being reported unanimously from the Senate Judiciary
Committee. Consensus nominations like this to Federal district courts
have nearly always been taken up and confirmed by the Senate within
days or weeks, whether nominated by a Democratic or a Republican
President. Certainly that was the approach taken by Senate Democrats
when President Bush sent us consensus nominees. That is how we reduced
vacancies in the presidential election years of 2004 and 2008 to the
lowest levels in decades and how we confirmed 205 of President Bush's
judicial nominees in his first term. Yet, in an almost complete
reversal of this approach, Mr. Furman's nomination has been blocked by
Senate Republicans for over five months, without reason or explanation.
Regrettably, for the second time, we will have to vote to end a
Republican filibuster of one of President Obama's district court
nominations. I cannot recall a single instance in which a President's
judicial nomination to a Federal trial court, a Federal district court,
was blocked by a filibuster. Yet, Senate Republicans nearly did so last
year when they sought to filibuster Judge Jack McConnell's nomination
to the Rhode Island District Court, despite the strong support of both
home state Senators who know their state best. At that time I
emphasized the danger of rejecting the Senate's traditional deference
to home state Senators and beginning to filibuster district court
nominations. Fortunately, the Senate rejected that filibuster and that
path and Judge McConnell was confirmed. I trust the Senate will do so
again, bringing to an end another filibuster, this time for a district
court nominee, Mr. Furman, who was reported unanimously by the
Judiciary Committee.
[[Page S812]]
Like the needless delay in Judge Jordan's confirmation, the
Republican filibuster of Jesse Furman, who by any traditional measure
is a consensus nominee, is another example of the tactics that have all
but paralyzed the Senate confirmation process and are damaging our
Federal courts. It should not take five months and require a cloture
motion for the Senate to proceed to vote on this nomination. At a time
when nearly one out of every 10 judgeships is vacant and we have over
20 judicial nominations reported favorably by the Committee, 16 of
which have been stalled on the Senate calendar since last year, nearly
all of them superbly-qualified consensus nominees, our Federal courts
and the American people cannot afford more of these partisan tactics.
I read with interest this morning Gail Collins' column in The New
York Times on the approval rating of Congress. She notes that Congress
is ``unpopular like the Ebola virus, or zombies . . . like TV shows
about hoarders with dead cats in their kitchens.'' She goes on to
discuss the Republican filibusters of judicial nominees and writes:
This week, the Senate confirmed Judge Adalberto Jose Jordan
to a seat on the federal Court of Appeals for the 11th
Circuit in Atlanta. A visitor from another country might not
have appreciated the proportions of this achievement, given
that Jordan, who was born in Cuba and who once clerked for
Sandra Day O'Connor, had no discernible opposition.
I ask consent that a copy of Ms. Collins' column be printed in the
Record at the conclusion of my remarks.
The PRESIDING OFFICER (Mr. Brown of Ohio). Without objection, it is
so ordered.
(See exhibit 1.)
Mr. LEAHY. This is the kind of obstruction that is hard to explain to
the American people. This Republican filibuster, like that of Judge
Jordan, is very hard to understand. Jesse Furman is an experienced
Federal prosecutor who has prosecuted international narcotics
trafficking and terrorism and consulted on some of the Southern
District's most complex cases, including the Galleon insider trading
case, the prosecution of former Madoff employees, and the Times Square
bomber case. A dedicated public servant, Mr. Furman has been a law
clerk at all three levels of the Federal judiciary, including as a
clerk to Supreme Court Justice David Souter.
I got to know Mr. Furman when he was the counselor to Attorney
General Michael Mukasey. That is right: The Senate Republicans are
filibustering someone strongly supported by President Bush's Attorney
General who was himself a Federal judge. When Mr. Furman's nomination
was before the Committee last summer, Attorney General Mukasey wrote to
the Committee in strong support:
All I can hope to add is my own belief that he is a person
to whom one can entrust decisions that are consequential to
the lives of people and to the general welfare of the
populace, with confidence that they will be made wisely and
fairly . . . and I urge that he be confirmed.
Former Supreme Court clerks who served at the same time as Mr.
Furman, including clerks for conservative Justices such as Chief
Justice Rehnquist, Justice Thomas, and Justice Scalia wrote in support
of Mr. Furman's nomination, stating that, ``Mr. Furman has demonstrated
his deep respect for and commitment to the rule of law, over and above
politics or ideology.''
With this bipartisan support, the strong support of his home state
Senators, and his impressive background, Mr. Furman's nomination was
reported by the Judiciary Committee on September 15, without opposition
from a single member of the Committee. We should have voted on his
nomination many months ago, and certainly before the end of the last
session. Senate Republicans have blocked this nomination for over five
months without any explanation.
Sadly, this is not the first New York judge to be filibustered by
Senate Republicans. Just a few years ago, Judge Denny Chin, an
outstanding nominee with 16 years of judicial experience, was delayed
from being elevated to the Second Circuit for four months until the
Majority Leader forced a vote and he was confirmed 98 0.
Last May, the Majority Leader was required to file for cloture to end
the filibuster of Judge Jack McConnell of Rhode Island. By rejecting
that filibuster, the Senate took a step toward restoring a longstanding
tradition of deference to home state Senators with regard to Federal
District Court nominations. The Senate turned away from a precipice. It
is wrong now for us to approach that precipice again. Filibustering
this nomination would set a new standard for obstruction of judicial
nominations.
Indeed, I have looked back over the last six decades and found only
four district court nominations--four in over 60 years, on which
cloture was even filed. For two of those, the cloture petitions were
withdrawn after procedural issues were resolved. In connection with the
other two, the Senate voted on cloture and it was invoked and the
filibuster ended. All of those nominations were confirmed.
From the start of President Obama's term, Republican Senators have
applied a heightened and unfair standard to President Obama's district
court nominees. Senate Republicans have chosen to depart dramatically
from the long tradition of deference on district court nominees to the
home state Senators who know the needs of their states best. Instead,
an unprecedented number of President Obama's highly-qualified district
court nominees have been targeted for opposition and obstruction. That
approach is a serious break from the Senate's practice of advice and
consent. Since 1945, the Judiciary Committee has reported more than
2,100 district court nominees to the Senate. Out of these 2,100
nominees, only six have been reported by party-line votes. Only six
total in the last 65 years. Five of those six party-line votes have
been against President Obama's highly-qualified district court
nominees. Indeed, only 22 of those 2,100 district court nominees were
reported by any kind of split roll call vote at all, and eight of
those, more than a third, have been President Obama's nominees.
Democrats never applied this standard to President Bush's district
court nominees, whether in the majority or the minority. And certainly,
there were nominees to the district court put forth by that
administration that were considered ideologues. All told, in eight
years, the Judiciary Committee reported only a single Bush district
court nomination by a party line vote. President Obama's nominees are
being treated differently than those of any President, Democratic or
Republican, before him.
When I first became Chairman of the Judiciary Committee in 2001, I
followed a time when Senate Republicans, who had been in the majority,
had pocket filibustered more than 60 of President Clinton's judicial
nominations, blocking them with secret holds in backrooms and
cloakrooms, obstructing more with winks and nods, but with little to no
public explanation or accountability. I worked hard to change that and
to open up the process. I sought to bring daylight to the process by
making the consultation with home state Senators public so that the
Senate Republicans' abuses during the Clinton years would not be
repeated.
When Senate Democrats opposed some of President Bush's most
ideological nominees, we did so openly, saying why we opposed them. And
when there were consensus nominees--nominees with the support of both
Democrats and Republicans--we moved them quickly so they could begin
serving the American people. That is how we reduced vacancies in the
presidential election years of 2004 and 2008 to the lowest levels in
decades. That is how we confirmed 205 of President Bush's circuit and
district nominees in his first term.
Now we see the reverse of how we treated President Bush's nominees.
Senate Republicans do not move quickly to consider consensus nominees,
like the 14 still on the Senate Calendar that were reported unanimously
last year and should have had a Senate vote last year. Instead, as we
are seeing today and have seen all too often, Senate Republicans
obstruct and delay even consensus nominees, leaving us 43 judicial
nominees behind the pace we set for confirming President Bush's
judicial nominees. That is why vacancies remain so high, at 86, over
three years into President Obama's first term. Vacancies are nearly
double what they were at this point in President Bush's
[[Page S813]]
third year. That is why 130 million Americans live in circuits or
districts with a judicial vacancy that could have a judge if Senate
Republicans would only consent to vote on judicial nominees that have
been favorably voted on by the Senate Judiciary Committee and have been
on the Senate Executive Calendar since last year.
This is an area where we should be working for the American people,
and putting their needs first. It is the American people who pay the
price for the Senate's unnecessary and harmful delay in confirming
judges to our Federal courts. It is unacceptable for hardworking
Americans who are seeking their day in court to find seats on one in 10
of those courts vacant. When an injured plaintiff sues to help cover
the cost of medical expenses, that plaintiff should not have to wait
for years before a judge hears his or her case. When two small business
owners disagree over a contract, they should not have to wait years for
a court to resolve their dispute. With over 20 judicial nominees
favorably reported by the Committee and cloture motions being required
for consensus nominees, the Senate is failing in its responsibility,
harming our Federal courts and ultimately hurting the American people.
Is it any wonder that barely 10 percent of the American people view
Congress favorably?
The slow pace of confirmations of President Obama's judicial nominees
is no accident or happenstance. It is the result of deliberate
obstruction and delays. For the second year in a row, the Senate
Republican leadership ignored long-established precedent and refused to
schedule any votes before the December recess on the nearly 20
consensus judicial nominees who had been favorably reported by the
Judiciary Committee. Here we are in the middle of February fighting to
hold a vote on one of the 18 nominees who should have been confirmed
last year. Fourteen of the nominees being blockaded by Senate
Republicans were reported with the unanimous support of their home
state Senators and every Republican and every Democrat on the Senate
Judiciary Committee. The result of these Republican delay tactics is
clear--we are far behind the pace set by the Senate during President
George W. Bush's first term, with a judicial vacancy rate nearly twice
what it was at this point in his first term.
During President George W. Bush's administration, Republican Senators
insisted that filibusters of judicial nominees were unconstitutional.
They threatened the ``nuclear option'' in 2005 to guarantee up-or-down
votes for each of President Bush's judicial nominees. Many Republican
Senators declared that they would never support the filibuster of a
judicial nomination--never. Yet, only a few years later, Senate
Republicans reversed course and filibustered President Obama's very
first judicial nomination, that of Judge David Hamilton of Indiana, a
widely-respected 15-year veteran of the Federal bench who had the
support of the most senior and longest-serving Republican in the
Senate, Senator Lugar. The Senate rejected that filibuster and Judge
Hamilton was confirmed.
But the partisan delays and opposition have continued. Senate
Republicans have required cloture votes even for nominees who ended up
being confirmed unanimously when the Senate finally overcame those
filibusters and voted on their nomination. So it was with Judge Barbara
Keenan of the Fourth Circuit, who was confirmed 99 0 when the
filibuster of her nomination finally ended in 2010, and Judge Denny
Chin of the Second Circuit, an outstanding nominee with 16 years
judicial experience, who was ultimately confirmed 98 0 when the
Republican filibuster was overcome after four months of needless
delays. Just this week the long-delayed nomination of Judge Adalberto
Jordan to the Eleventh Circuit was confirmed 94 5.
This obstruction is particularly damaging at a time when judicial
vacancies remain at record highs. There are currently 86 judicial
vacancies across the country, meaning that nearly one out of every 10
Federal judgeships remains vacant. The vacancy rate is nearly double
what it had been reduced to by this point in the Bush administration,
when we worked together to reduce judicial vacancies to 46.
Some Senate Republicans are now seeking to excuse these months of
delay by blaming President Obama for forcing them to do it. They point
to President Obama's recent recess appointments of a Director for the
Consumer Financial Protection Bureau and members of the National Labor
Relations Board. Of course, those appointments were made a few weeks
ago, long after Judge Jordan's nomination was already being delayed.
Moreover, the President took his action because Senate Republicans had
refused to vote on those executive nominations and were intent on
rendering the Government agencies unable to enforce the law and carry
out their critical work on behalf of the American people. Some Senate
Republicans are doubling down on their obstruction in response. They
are apparently extending their blockage against nominees beyond
executive branch nominees to these much-needed judicial nominees. This
needless obstruction accentuates the burdens on our Federal courts and
delays in justice to the American people. We can ill afford these
additional delays and protest votes. The Senate needs, instead, to come
together to address the needs of hardworking Americans around the
country.
I, again, urge Senate Republicans to stop the destructive delays that
have plagued our nominations process. I urge them to join us not only
in rejecting the five-month filibuster of Mr. Furman's nomination, but
also in restoring the Senate's longstanding practice of considering and
confining consensus nominees without extended and damaging delays. The
American people deserve no less.
Exhibit 1
Congress Has No Date for the Prom
(By Gail Collins)
I am shocked to report that Congress, the beating heart of
American democracy, is unpopular.
Not unpopular like a shy kid in junior high. Unpopular like
the Ebola virus, or zombies. Held in near-universal contempt,
like TV shows about hoarders with dead cats in their
kitchens. Or people who get students to call you up during
dinner and ask you to give money to your old university.
The latest Gallup poll gave Congress a 10 percent approval
rating. As Senator Michael Bennet of Colorado keeps pointing
out, that's lower than BP during the oil spill, Nixon during
Watergate or banks during the banking crisis.
On the plus side, while 86 percent of respondents told
Gallup that they disapproved of the job Congress was doing,
only 4 percent said they had no opinion. That's really a
great sense of public awareness, given the fact that other
surveys show less than half of all Americans know who their
member of Congress is.
So little attention, yet so much rancor. We're presuming
that this is because of the dreaded partisan gridlock, which
has made Congress increasingly unproductive in matters that
do not involve the naming of post offices.
And Congress is listening! Lately, we have been seeing
heartening new signs of bipartisan cooperation. For instance,
the House and Senate are near an agreement on the payroll tax
cut, namely that it will continue and not be paid for.
This is actually sort of a tradition. No matter who is in
power in Washington, Congress has always shown a remarkable
ability to band together and pass tax cuts that are not paid
for. It's like naming post offices, only somewhat more
expensive.
But there's much, much more. For instance, both chambers
recently approved a big new ethics reform bill that would ban
members of Congress from engaging in insider trading.
Perhaps you imagined that this was already against the law.
This piece of legislation had been lying around gathering
dust since 2006. But, this year, the House and Senate decided
to stand tall and pass it as a matter of principle. It had
nothing to do with a ``60 Minutes'' report that made the
whole place look like a convention of grifters. Totally
unrelated. This was simply a bill whose time had come.
And that bill would probably already be signed into law
were it not for a disagreement over whether to require the
high-paid professionals who poke around Congress collecting
information that might be of use to their Wall Street clients
to register the same way lobbyists do.
You'd think this would be easy to sort out since most
members of the House and the Senate have gone on the record
in favor of registering these guys.
But, no, the idea ran afoul of the House majority leader,
Eric Cantor, the Darth Vader of Capitol Hill. Cantor says the
idea should be studied, which is, of course, legislatese for
``trampled to death by a thousand boots.''
Still, the good news is that the basic idea of prohibiting
members of Congress from using the information they acquire
in the course of their public duties to engage in insider
trading did pass both chambers by enormous majorities.
[[Page S814]]
Yippee.
And the bipartisan cooperation keeps rolling on. This week,
the Senate confirmed Judge Adalberto Jose Jordan to a seat on
the federal Court of Appeals for the 11th Circuit in Atlanta.
A visitor from another country might not have appreciated the
proportions of this achievement, given the fact that Jordan,
who was born in Cuba and who once clerked for Sandra Day
O'Connor, had no discernible opposition.
But Americans ought to have a better grasp of how the
Senate works. The nomination's progress had long been
thwarted by Mike Lee, a freshman Republican from Utah, who
has decided to hold up every single White House appointment
to anything out of pique over . . . well, it doesn't really
matter. When you're a senator, you get to do that kind of
thing.
This forced the majority leader, Harry Reid, to get 60
votes to move Judge Jordan forward, which is never all that
easy. Then there was further delay thanks to Rand Paul, a
freshman from Kentucky, who stopped action for as long as
possible because he was disturbed about foreign aid to Egypt.
All that is forgotten now. The nomination was approved, 94
to 5, only 125 days after it was unanimously O.K.'d by the
Judiciary Committee. Whiners in the White House pointed out
that when George W. Bush was president, circuit court
nominations got to a floor vote in an average of 28 days.
No matter. Good work, Senate! Only 17 more long-pending
judicial nominations to go!
Meanwhile, the House named a post office in Missouri for a
fallen Marine.
Mr. LEAHY. I yield the floor.
____________________