[Congressional Record Volume 158, Number 27 (Friday, February 17, 2012)]
[Senate]
[Pages S886-S888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF JESSE M. FURMAN TO BE UNITED STATES DISTRICT JUDGE FOR
THE SOUTHERN DISTRICT OF NEW YORK
The ACTING PRESIDENT pro tempore. 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 Jesse M.
Furman, of New York, to be United States District Judge for the
Southern District of New York.
The ACTING PRESIDENT pro tempore. Under the previous order, the
cloture motion on this nomination is withdrawn.
There is now 2 minutes equally divided prior to a vote on the
nomination.
The Senator from Vermont.
Mr. LEAHY. Mr. President, I appreciate the fact that the filibuster
has
[[Page S887]]
been dropped on this very good man. This nomination has taken months to
get here. I would urge everybody to vote for it.
Mr. LEAHY. Mr. President, I commend the majority leader for pressing
forward to obtain a vote on the nomination of Jesse Furman, finally
bringing to an end the 5-month Republican filibuster of this
nomination. It should not have taken five months and the filing of a
cloture petition to secure a vote on this superbly qualified, consensus
nominee. When the Judiciary Committee voted on this nomination last
September, it had the support of every Democrat and ever Republican on
the Committee. Yesterday, I spoke, again, of the dangers posed by this
Republican filibuster of a consensus Federal district court nominee. I
am glad Senate Republicans have backed away from their misguided
effort.
The extended delay in considering the Furman nomination has not only
been damaging to the Federal District Court of New York, but also to
the people it serves. This has also led to some extreme groups on the
far right making scurrilous attacks on the reputation of this good man.
I trust that no Senator will credit the mischaracterizations of Mr.
Furman's record. His role in filing an amicus brief in a First
Amendment case in the Supreme Court on behalf of the Anti-Defamation
League when he was in private practice has been misquoted and
mischaracterized to the point where you have to wonder if it is
intentional. Of course, no lawyer should be disqualified from being a
judge for advocating on behalf of client. Were the Senate to go down
that road, we would disqualify many outstanding lawyers capable of
being excellent judges. Senate Republicans filibustered Judge Jack
McConnell of Rhode Island because he represented parents and children
exposed to health risks by lead in paint. That error should not be
repeated.
I am glad the Senate is finally voting on this nomination. With 21
judicial nominations approved by the Senate Judiciary Committee
awaiting a final vote, with one out of every 10 Federal judgeships
vacant throughout the country, and with the Senate still more than 40
confirmations behind the pace we set with President Bush, the Senate
cannot afford this continuing obstruction and delay of judicial
confirmations. This filibuster, like the filibuster of Judge Adalberto
Jordan that we finally ended earlier this week and others, bring
derision upon the Senate, are a colossal waste of the time, and harm
our Federal courts and the American people seeking justice.
I, again, urge Senate Republicans to abandon the damaging tactics
that led to this unnecessary 5-month filibuster of the Furman
nomination, the shameful 4-month and 2-day filibuster of the Jordan
nomination, and to abandon their continued stalling of 20 additional
judicial nominees ready for final consideration and confirmation. I,
again, urge Senate Republicans to join with us to restore the Senate's
longstanding practice of considering and confirming consensus nominees
without extended delays. The American people deserve no less.
Mr. GRASSLEY. Mr. President, today we turn to the nomination Jesse M.
Furman, to be U.S. district judge for the Southern District of New
York. Mr. Furman was reported out of the Judiciary Committee last fall
by voice vote.
When we considered his nomination last year, a few items of concern
were raised. These issues included writings he made while in college on
gun control and an amicus brief he drafted opposing a religious club's
access to school facilities for meetings.
Based on his hearing testimony and responses to written questions, I
was willing to allow Mr. Furman's nomination to move to the full Senate
for consideration.
In the interim, conditions have changed which require me to give a
closer scrutiny to Mr. Furman's record and to the confirmation process
in general.
Generally, I am willing to give the President's nominees the benefit
of the doubt when the nominee on the surface meets the requirements I
have previously outlined. But as I indicated over the past few weeks,
we are not operating under normal circumstances. The atmosphere the
President has created with his disregard for Constitutional principles
has made it difficult to give his nominees any benefit of the doubt.
Given that I did have some doubts about Mr. Furman's record, I oppose
his confirmation.
Mr. LEAHY. I yield to the Senator from New York.
The ACTING PRESIDENT pro tempore. The Senator from New York.
Mr. SCHUMER. Mr. President, I thank the chairman and the Judiciary
Committee for reporting Jesse Furman out without dissent. Furman is a
truly excellent figure. He clerked for the Supreme Court, has the
support of all the clerks with whom he served, including those from
Scalia and Rehnquist, on both sides of the aisle.
He worked for Attorney General Mukasey and clerked for Mr. Mukasey.
He is truly a moderate. He could be nominated just as easily in the
grand tradition of judicial integrity by someone from this side of the
aisle or that side of the aisle.
If we cannot approve Mr. Furman and have a close-to-unanimous vote on
him, I do not know on whom we can because he is such an excellent,
thoughtful, and moderate judge. So I hope all of my colleagues on both
sides of the aisle will vote for him. It may begin to mark a new wave,
at least, in dealing with district court judges.
Mrs. GILLIBRAND. Mr. President, I would like to offer my support for
the confirmation of a highly qualified and accomplished New Yorker,
Jesse Furman who has been nominated by President Obama to serve the
United States District Court for the Southern District of New York.
Jesse is currently the Assistant United States Attorney in the
Southern District of New York where he has served as Deputy Chief
Appellate Attorney since 2009. Previously, he worked in the Office of
the Attorney General at the Department of Justice where he served as
Counselor to the Attorney General. He has also worked in the law firm
of Wiggin & Dana. From 2002 2003, he clerked for the Honorable David H.
Souter of the Supreme Court and from 1999 2000 for the Honorable Jose
A. Cabranes of the United States Court of Appeals for the Second
Circuit. He also served as a law clerk for the Honorable Michael B.
Mukasey of the United States District Court for the Southern District
of New York.
Jesse received his law degree from Yale Law School in 1998 and his
bachelor's degree from Harvard University in 1994 where he graduated
summa cum laude. He also served as a Henry Fellow at Oxford University.
Because of Jesse's extensive legal career, I am more than confident
that he has the experience to serve the Southern District of New York
with great competence and fairness.
While Jesse is more than qualified to be appointed to a judgeship,
his confirmation has been delayed for 5 months by Senate Republicans.
What makes this puzzling is the fact that Jesse's nomination was
reported unanimously by the Judiciary Committee without opposition from
a single member of the Committee. Not a single member. This is the
ninth judicial nominee that Majority Leader Reid has had to file
cloture on to end a Republican filibuster and secure an up or down
vote. It should be noted that Senate Republicans have yet to explain
why they refused to consent to Jesse's nomination.
In addition, Jesse's nomination is supported by numerous
conservatives including former United States Attorney General under
G.W. Bush Michael Mukasey who stated: ``My view of him is perhaps best
reflected in the fact that he is the first person I sought to hire
after I was confirmed as Attorney General . . . his advice was
unerringly sound and his help indispensable.''
Furthermore, 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 stated that:
``Mr. Furman has brought tremendous intellectual rigor, an open mind,
and good common sense.''
I want to remind my colleagues that Senate Democrats worked to
confirm 100 of President Bush's judicial nominees in 17 months.
Blocking Jesse's nomination is highly unusual and incredibly
disappointing and quite frankly, irresponsible.
I want to thank Chairman Leahy for his leadership on the Judiciary
Committee in the effort to confirm highly
[[Page S888]]
qualified individuals such as Jesse Furman. Jesse's commitment to
upholding fairness within our legal system is well regarded and highly
respected. I strongly support his nomination and believe that if
confirmed, Jesse will be an excellent Judge to serve on the United
States District Court for the Southern District of New York and I urge
my colleagues to vote favorably for his confirmation.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.
Mr. McCONNELL. Mr. President, I yield back the remainder of our time.
The ACTING PRESIDENT pro tempore. All time is yielded back.
The question is, Will the Senate advise and consent to the nomination
of Jesse M. Furman, of New York to be United States District Judge for
the Southern District of New York?
=========================== NOTE ===========================
On page S888, February 17, 2012, the Record reads: . . . advise
and consent to the nomination of Jesee M. Furman . . .
The online Record has been corrected to read: . . . advise and
consent to the nomination of Jesse M. Furman . . .
========================= END NOTE =========================
Mr. TOOMEY. Mr. President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second? There
is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New Mexico (Mr.
Bingaman) is necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Illinois (Mr. Kirk), the Senator from Kansas (Mr. Roberts), and
the Senator from Louisiana (Mr. Vitter).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 62, nays 34, as follows:
[Rollcall Vote No. 21 Ex.]
YEAS--62
Akaka
Alexander
Baucus
Begich
Bennet
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Collins
Conrad
Coons
Corker
Durbin
Feinstein
Franken
Gillibrand
Graham
Hagan
Harkin
Inouye
Johnson (SD)
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Manchin
McCain
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Sessions
Shaheen
Snowe
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NAYS--34
Ayotte
Barrasso
Blunt
Boozman
Burr
Chambliss
Coats
Coburn
Cochran
Cornyn
Crapo
DeMint
Enzi
Grassley
Hatch
Heller
Hoeven
Hutchison
Inhofe
Isakson
Johanns
Johnson (WI)
Lee
Lugar
McConnell
Moran
Paul
Portman
Risch
Rubio
Shelby
Thune
Toomey
Wicker
NOT VOTING--4
Bingaman
Kirk
Roberts
Vitter
The nomination was confirmed.
The ACTING PRESIDENT pro tempore. 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.
____________________