[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[Senate]
[Pages S4606-S4610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
NOMINATION OF ROBIN S. ROSENBAUM TO BE UNITED STATES DISTRICT JUDGE FOR
THE SOUTHERN DISTRICT OF FLORIDA
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 bill clerk read the nomination of Robin S. Rosenbaum, of Florida,
to be United States District Judge for the Southern District of
Florida.
The PRESIDING OFFICER. Under the previous order, the time until noon
will be equally divided in the usual form.
Mr. LEAHY. Mr. President, the Republican efforts to shutdown Senate
confirmations of qualified judicial nominees who have bipartisan
support do not help the American people. This is a shortsighted policy
at a time when the judicial vacancy rate remains almost twice what it
was at this point in the first term of President Bush. Judicial
vacancies during the last few years have been at historically high
levels. Nearly one out of every 11 Federal judgeships is currently
vacant. Their talk of shutting down confirmations for consensus and
qualified circuit court nominees is not helping the overburdened
Federal courts to which Americans turn for justice.
[[Page S4607]]
In a letter dated June 20, 2012, the president of the American Bar
Association urged Senator Reid and Senator McConnell to work together
to schedule votes on the nominations of William Kayatta, Judge Robert
Bacharach and Richard Taranto, three consensus, qualified circuit court
nominees awaiting Senate confirmation so that they may serve the
American people. I ask unanimous consent that a copy of his letter be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
American Bar Association,
Chicago, IL, June 20, 2012.
Hon. Harry Reid,
Majority Leader, U.S. Senate, Hart Senate Office Building,
Washington, DC.
Hon. Mitch McConnell,
Republican Leader, U.S. Senate, Russell Senate Office
Building, Washington, DC.
Dear Majority Leader Reid and Republican Leader McConnell:
Amid concerns that the judicial confirmation process is about
to fall victim to presidential election year politics through
the invocation of the ``Thurmond Rule,'' I am writing on
behalf of the American Bar Association to reiterate our grave
concern for the longstanding number of judicial vacancies on
Article III courts and to urge you to schedule floor votes on
three pending, noncontroversial circuit court nominees before
July and on district court nominees who have strong
bipartisan support on a weekly basis thereafter.
Three of the four circuit court nominees pending on the
Senate floor are consensus nominees who have received
overwhelming approval from the Senate Judiciary Committee.
Both William Kayatta, Jr. of Maine, nominated to the First
Circuit, and Robert Bacharach of Oklahoma, nominated to the
Tenth Circuit, have the staunch support of their Republican
senators. Richard Taranto, nominated to the Federal Circuit,
enjoys strong bipartisan support, including the endorsement
of noted conservative legal scholars. All three nominees also
have stellar professional qualifications and each has been
rated unanimously ``well-qualified'' by the ABA's Standing
Committee on the Federal Judiciary.
As you know, the ``Thurmond Rule'' is neither a rule nor a
clearly defined event. While the ABA takes no position on
what invocation of the ``Thurmond Rule'' actually means or
whether it represents wise policy, recent news stories have
cast it as a precedent under which the Senate, after a
specified date in a presidential election year, ceases to
vote on nominees to the federal circuit courts of appeals. We
note that there has been no consistently observed date at
which this has occurred during the presidential election
years from 1980 to 2008. With regard to the past three
election years, the last circuit court nominees were
confirmed in June during 2004 and 2008 and in July during
2000. In deference to these historical cut-off dates and
because of our conviction that the Senate has a continuing
constitutional duty to act with due diligence to reduce the
dangerously high vacancy rate that is adversely affecting our
federal judiciary, we exhort you to schedule votes on these
three outstanding circuit court nominees this month.
We also urge you to continue to work together to move
consensus district court nominees to the floor for a vote
throughout the rest of the session, lest the vacancy crisis
worsens in the waning months of the 112th Congress. With five
new vacancies arising this month and an additional five
announced for next month, this is not just a possibility; it
is a certainty, absent your continued commitment to the
federal judiciary and steady action on nominees.
Thank you for your past efforts and for your consideration
of our views on this important issue.
Sincerely,
Wm. T. (Bill) Robinson III,
President.
Mr. LEAHY. He writes:
Amid concerns that the judicial confirmation process is
about to fall victim to presidential election year politics
through the invocation of the ``Thurmond Rule,'' I am writing
on behalf of the American Bar Association to reiterate our
grave concern for the longstanding number of judicial
vacancies on Article III courts and to urge you to schedule
floor votes on three pending, noncontroversial circuit court
nominees before July and on district court nominees who have
strong bipartisan support on a weekly basis thereafter.
He observes that ``the Senate has a continuing constitutional duty to
act with due diligence to reduce the dangerously high vacancy rate that
is adversely affecting our federal judiciary.''
There is no good reason that the Senate should not vote on consensus
circuit court nominees thoroughly vetted, considered and voted on by
the Judiciary Committee. There is no reason the Senate cannot vote on
the nomination of William Kayatta of Maine to the First Circuit, a
nominee strongly supported by both of Maine's Republican Senators and
reported nearly unanimously by the Committee 2 months ago. This is the
same person who Chief Justice John Roberts recommended to Kenneth Starr
for a position in the Justice Department.
There is no reason the Senate cannot vote on the nomination of Judge
Robert Bacharach of Oklahoma to the Tenth Circuit, who was supported by
Senator Coburn during Committee consideration, and also by the State's
other Republican Senator, Senator Inhofe. Senator Coburn said that
Judge Bacharach would make a great nominee for a Republican president.
So why is the Republican leadership playing politics with his
nomination?
There is also no reason the Senate cannot vote on Richard Taranto's
nomination to the Federal Circuit. He was reported almost unanimously
by voice vote nearly 3 months ago, and is supported by conservatives
such as Robert Bork and Paul Clement.
And the one circuit court nominee who was reported out of Committee
with a split rollcall vote--Judge Patty Shwartz of New Jersey--should
not have been controversial, as seen by the bipartisan support she has
received from New Jersey's Republican Governor Chris Christie.
Each of these circuit court nominees has been rated unanimously well
qualified by the nonpartisan ABA Standing Committee on the Federal
judiciary, the highest possible rating. These are not controversial
nominees. They are qualified and should be considered as consensus
nominees and confirmed. Senate Republicans are blocking consent to vote
on superbly qualified circuit court nominees with strong bipartisan
support. This is a new and damaging application of the Thurmond Rule.
It is hard to see how this new application of the Thurmond Rule is
really anything more than another name for the stalling tactics we have
seen for months and years. I have yet to hear any good reason why we
should not continue to vote on well-qualified, consensus nominees, just
as we did up until September of the last two Presidential election
years. I have yet to hear a good explanation why we cannot work to
solve the problem of high vacancies for the American people. I will
continue to work with the Senate leadership to try to confirm as many
of President Obama's qualified judicial nominees as possible to fill
the many judicial vacancies that burden our courts and the American
people across the country.
Last week, I spoke about the announcement from Senate Republican
leadership that they would be shutting down the confirmation process
for qualified and consensus circuit court nominees for the rest of the
year. As I noted, Senate Republicans have become the party of ``no''--
no help for the American people, no to jobs, no to economic recovery
and no to judges to provide Americans with justice in their Federal
courts. Although the public announcement that they would be blocking
qualified and consensus circuit court nominees is recent, the truth is
that Senate Republicans have been obstructing President Obama's
judicial nominees since the beginning of his Presidency, beginning with
their filibuster of his first nominee.
Senate Republicans used to insist that filibustering of judicial
nominations was unconstitutional. The Constitution has not changed but
as soon as President Obama was elected, they reversed course and
filibustered President Obama's very first judicial nomination. Judge
David Hamilton of Indiana was a widely respected 15-year veteran of the
Federal bench nominated to the Seventh Circuit and was supported by
Senator Dick Lugar, the longest-serving Republican in the Senate. They
delayed his confirmation for 5 months. Senate Republicans then
proceeded to obstruct and delay just about every circuit court nominee
of this President, filibustering nine of them. They delayed
confirmation of Judge Albert Diaz of North Carolina to the Fourth
Circuit for 11 months. They delayed confirmation of Judge Jane Stranch
of Tennessee to the Sixth Circuit for 10 months. They delayed
confirmation of Judge Ray Lohier of New York to the Second Circuit for
7 months. They delayed confirmation of Judge Scott Matheson of Utah to
the Tenth Circuit and Judge James Wynn, Jr. of North Carolina to the
Fourth Circuit for 6 months. They delayed confirmation of Judge Andre
Davis of Maryland to the Fourth Circuit, Judge Henry Floyd of
[[Page S4608]]
South Carolina to the Fourth Circuit, Judge Stephanie Thacker of West
Virginia to the Fourth Circuit, and Judge Jacqueline Nguyen of
California to the Ninth Circuit for 5 months. They delayed confirmation
of Judge Adalberto Jordan of Florida to the Eleventh Circuit, Judge
Beverly Martin of Georgia to the Eleventh Circuit, Judge Mary Murguia
of Arizona to the Ninth Circuit, Judge Bernice Donald of Tennessee to
the Sixth Circuit, Judge Barbara Keenan of Virginia to the Fourth
Circuit, Judge Thomas Vanaskie of Pennsylvania to the Third Circuit,
Judge Joseph Greenaway of New Jersey to the Third Circuit, Judge Denny
Chin of New York to the Second Circuit, and Judge Chris Droney of
Connecticut to the Second Circuit for 4 months. They delayed
confirmation of Judge Paul Watford of California to the Ninth Circuit,
Judge Andrew Hurwitz of Arizona to the Ninth Circuit, Judge Morgan
Christen of Alaska to the Ninth Circuit, Judge Stephen Higginson of
Louisiana to the Fifth Circuit, Judge Gerard Lynch of New York to the
Second Circuit, Judge Susan Carney of Connecticut to the Second
Circuit, and Judge Kathleen O'Malley of Ohio to the Federal Circuit for
3 months.
As a recent report from the nonpartisan Congressional Research
Service confirms, the median time circuit nominees have had to wait
before a Senate vote has skyrocketed from 18 days for President Bush's
nominees to 132 days for President Obama's circuit court nominees. This
is the result of Republican foot dragging and obstruction. In most
cases, Senate Republicans have been delaying and stalling for no good
reason. How else do you explain the filibuster of the nomination of
Judge Barbara Keenan of Virginia to the Fourth Circuit who was
ultimately confirmed 99-0? And how else do you explain the needless
obstruction of Judge Denny Chin of New York to the Second Circuit, who
was filibustered for 4 months before he was confirmed 98-0?
The only change in their practices is that Senate Republicans have
finally acknowledged that they are seeking to shut down the
confirmation process for qualified and consensus circuit court
nominees. Three of the five circuit court judges finally confirmed this
year after months of unnecessary delays and a filibuster should have
been confirmed last year. The other two circuit court nominees
confirmed this year were both subjected to stalling and partisan
filibusters, which were thankfully unsuccessful.
The American people need to understand that Senate Republicans are
stalling and filibustering judicial nominees supported by their home
State Republican Senators. Just consider the states I have already
mentioned as having circuit nominees supported by their home State
Republican Senators unnecessarily stalled--Indiana, North Carolina,
Utah, South Carolina, Georgia, and Arizona. Just 2 weeks ago we needed
to overcome a filibuster to confirm Justice Andrew Hurwitz of the
Arizona Supreme Court to the Ninth Circuit despite the strong support
of Senators Jon Kyl and John McCain.
This year started with the Majority Leader having to file cloture to
get an up-or-down vote on Judge Adalberto Jordan of Florida to the
Eleventh Circuit even though he was strongly supported by his
Republican home State Senator. And every single one of these circuit
nominees for whom the Majority Leader was forced to file cloture this
year was rated unanimously well qualified by the nonpartisan ABA
Standing Committee on the Federal Judiciary, the highest possible
rating. And every one of them was nominated to fill a judicial
emergency vacancy. So when I hear some Senate Republicans say they are
now invoking the Thurmond Rule and have decided they are not going to
allow President Obama's judicial nominees to be considered, I wonder
how the American people are supposed to be able to tell the difference
from how they have been obstructing for the last 3\1/2\ years.
Personal attacks on me, taking quotes out of context, trying to
repackage their own actions as if following the Thurmond Rule or what
they seek to dub the Leahy rule do nothing to help the American people
who are seeking justice in our Federal courts. I am willing to defend
my record but that is beside the point. The harm to the American people
is what matters. Republicans are insisting on being the party of no
even when it comes to judicial nominees who home State Republican
Senators support.
As Chairman and when I served as the ranking member of the Judiciary
Committee, I have worked with Senate Republicans to consider judicial
nominees well into Presidential election years. I have taken steps to
make the confirmation process more transparent and fair. I have ensured
that the President consults with home State Senators before submitting
a nominee. I have opened up what had been a secretive blue slip process
to prevent abuses. All the while I have protected the rights of the
minority, of Republican Senators. If Republicans want to talk about the
Leahy rules, those are the practices I have followed. And I have been
consistent. I hold hearings at the same pace and under the same
procedures whether the President nominating is a Democrat or a
Republican. Others cannot say that.
And what were the results? In the last two Presidential election
years, we were able to bring the number of judicial vacancies down to
the lowest levels in the past 20 years. In 2004, at end of President
Bush's first term, vacancies were reduced to 28, not the 74 at which
they are today. In 2008, in the last year of President Bush's second
term, we again worked to fill vacancies and got them down to 34, less
than half of what they are today. In 2004, 25 nominees were confirmed
from June 1 to the Presidential election. In 2008, 22 nominees were
confirmed between June 1 and the Presidential election. So far, since
June 1 of this year, only 4 judges have been confirmed and all required
the majority leader to file cloture to end Republican filibusters.
In 2004, a Presidential election year, the Senate confirmed five
circuit court nominees of a Republican President that had been reported
by the committee that year. We have confirmed only two circuit court
nominees that have been reported by the committee this year, and we had
to overcome Republican filibusters in both cases. By this date in 2004
the Senate had already confirmed 35 of President Bush's circuit court
nominees. So far, the Senate has only been allowed to consider and
confirm 30 of President Obama's circuit court nominees--five fewer, 17
percent fewer--while higher numbers of vacancies remain, and yet the
Senate Republican leadership demands an artificial shutdown on
confirmation of qualified, consensus nominees for no good reason.
The nonpartisan Congressional Research Service recently released a
report confirming that judicial nominees continue to be confirmed in
the Presidential election years. The exceptions are when Republicans
shut down the process because the President is a Democrat. In five of
the last eight Presidential election years, the Senate has confirmed at
least 22 circuit and district court nominees after May 31. The notable
exceptions were during the last years of President Clinton's two terms
in 1996 and 2000 when Senate Republicans would not allow confirmations
to continue. In the 1996 session, Senate Republicans did not allow any
circuit court nominees to be confirmed at all. Vacancies at the end of
the Clinton years stood at 75 at the end of 1996 and 67 at the end of
2000. The third exception was in 1988, at the end of President Reagan's
Presidency, when vacancies were at 28. According to CRS, the Senate
confirmed 32 judges after May 31 in 1980; 28 in 1984; 31 in 1992; 28 in
2004 at the end of President George W. Bush's first term; and 22 after
May 31 in 2008 at the end of President Bush's second term. So far since
May 31 of this year, only 4 judges have been confirmed and all required
the Majority Leader to file cloture to end Republican filibusters.
In the past five Presidential election years, Senate Democrats have
never denied an up-or-down vote to any circuit court nominee of a
Republican President who received bipartisan support in the Judiciary
Committee. That is what Senate Republicans are now seeking to do by
blocking votes on William Kayatta, Judge Bacharach and Richard Taranto.
In fact, during the last 20 years, only four circuit nominees reported
with bipartisan support have been denied an up-or-down vote during
Presidential election year by the Senate; all four were nominated by
[[Page S4609]]
President Clinton and blocked by Senate Republicans. While Senate
Democrats have been willing to work with Republican Presidents to
confirm circuit court nominees with bipartisan support, Senate
Republicans have repeatedly obstructed the nominees of Democratic
Presidents. In the previous five Presidential election years, a total
of 13 circuit court nominees have been confirmed after May 31. Not
surprisingly, 12 of the 13 were Republican nominees. Clearly, this is a
one-way street in favor of Republican Presidents' nominees.
Senate Republicans are fond of taking quotes of things I have said
out of context. Look at what I have done. I have not filibustered
nominees with bipartisan support after May of Presidential election
years. As chairman of this committee, I have steadfastly protected the
rights of the minority. I have done so despite criticism from
Democrats. I have only proceeded with judicial nominations supported by
both home State Senators. That has meant that we are not able to
proceed on current nominees from Arizona, Georgia, Nevada, and
Louisiana. I even stopped proceedings on a circuit court nominee from
Kansas when the Kansas Republican Senators reversed themselves and
withdrew their support for the nominee. I had to deny the Majority
Leader's request to push a Nevada nominee through Committee because she
did not have the support of Nevada's Republican Senator. I will put my
record of consistent fairness up against that of any judiciary chairman
and remind Senate Republicans that it is they who blatantly disregarded
evenhanded practices when they were ramming through ideological
nominations of President George W. Bush. They would proceed with
nominations despite the objection of both home State Senators.
So those are the Leahy rules--respect for and protection of minority
rights, increased transparency, consistency, and allowing for
confirmations well into Presidential election years for nominees with
bipartisan support.
Senate Republicans, on the other hand, have repeatedly asserted that
the Thurmond Rule does not exist. For example, on July 14, 2008, the
Senate Republican caucus held a hearing and said that the Thurmond Rule
does not exist. At that hearing, the senior Senator from Kentucky, the
Republican leader stated: ``I think it's clear that there is no
Thurmond Rule. And I think the facts demonstrate that.'' Similarly, the
Senator from Iowa, my friend who is now serving as ranking member of
the Judiciary Committee, stated that the Thurmond rule was in his view
``plain bunk.'' He said: ``The reality is that the Senate has never
stopped confirming judicial nominees during the last few months of a
president's term.'' We did not in 2008 when we proceeded to confirm 22
nominees over the second half of that year.
We remain far behind in filling the judicial vacancies to provide the
Federal judges that American people need to get justice in our Federal
courts. A comparison of judicial vacancies during the first terms of
President Bush and President Obama shows a stark contrast to the way in
which we moved to reduce judicial vacancies during the last Republican
presidency.
During President Bush's first term we reduced the number of judicial
vacancies by almost 75 percent. When I became chairman in the summer of
2001, there were 110 vacancies. As chairman, I worked with the
administration and Senators from both sides of the aisle to confirm 100
judicial nominees of a conservative Republican President in 17 months.
We continued when in the minority to work with Senate Republicans and
confirm President Bush's consensus judicial nominations well into 2004,
a Presidential election year. At the end of that presidential term, the
Senate had acted to confirm 205 circuit and district court nominees. By
June 2004 we had reduced judicial vacancies to 43 on the way to 28 that
August.
By comparison, vacancies have long remained near or above 80 and
while little comparative progress has been made during the 4 years of
President Obama's first term. As contrasted to 43 vacancies in June
2004, there are still 74 vacancies in June 2012. If we could move
forward to Senate votes on the 17 judicial nominees ready for final
action, the Senate could reduce vacancies below 60 and make some
progress. I noted last week that, compared to our progress under
President Bush, we were 9 months later in confirming the 150th circuit
or district judge to be appointed by President Obama. Another way to
look at our relative lack of progress and the burden the Republican
obstruction is placing on the American people seeking justice is to
note that by mid-November 2002 we had reduced judicial vacancies to
below where we are now with 74 vacancies. We effectively worked twice
as efficiently and twice as fast. By that measure, the Senate is almost
20 months behind schedule. This is hardly then the time to be shutting
down the process. In fact, when on November 14, 2002, the Senate
proceeded to confirm 18 judicial nominees, vacancies went down to 60
throughout the country.
This is a true comparison of similar situations. The nonpartisan
Congressional Research Service in its recent report likewise compares
the first years of Presidential administrations. False comparisons are
to take the end of a second term of a Presidency, when vacancies have
already been significantly reduced and to contend that confirmation
numbers for that period can be fairly compared to the beginning of a
Presidential term when vacancies are high.
Today, the Senate will vote on the nomination of Robin Rosenbaum to
fill a judicial emergency vacancy in the U.S. District Court for the
Southern District of Florida. Judge Rosenbaum has the ``support of her
home State Senators, Democratic Senator Bill Nelson and Republican
Senator Marco Rubio. Her nomination was reported with near unanimous
voice vote by the Judiciary Committee nearly 3 months ago, with the
only objection coming from Senator Lee's customary protest vote. Judge
Rosenbaum was rated unanimously ``well qualified'' by the ABA Standing
Committee on the Federal judiciary, the highest possible rating.
Judge Rosenbaum is currently a United States Magistrate Judge in the
district in which she has been nominated, and has served in that
position for almost 5 years. She previously served for 9 years as a
Federal prosecutor, including 5 years as a chief of the economic crimes
section. After graduating from law school, she spent four years as a
trial attorney in the civil division of the U.S. Department of Justice
before serving as staff counsel in the office of the independent
counsel for the investigation of former U.S. Secretary of Commerce Ron
Brown. Judge Rosenbaum clerked for Judge Stanley Marcus of the Eleventh
Circuit Court of Appeals. She is a terrific nominee and she has my
support.
Last week, the Judiciary Committee also voted Judge Brian Davis out
of committee favorably for a judicial emergency vacancy in the Middle
District of Florida. Judge Davis is an exceptional nominee with a
distinguished career in public service. He has been a State court judge
for 18 years, and has also served as a prosecutor for 9 years. The ABA
Standing Committee on the Federal judiciary has unanimously rated Judge
Davis well qualified to serve on the district court, its highest
possible rating. Judge Davis was selected based on a nonpartisan
judicial selection commission appointed by Senators Nelson and Rubio,
and both of the home State Senators have supported moving forward with
consideration of this nomination. We should move to confirm him without
delay so that he can get to work for the people of Florida.
After today's vote, we need to continue confirming nominees. At a
time when judicial vacancies remained historically high for 3 years,
with 30 more vacancies and 30 fewer confirmations than at this point in
President Bush's first term, I would hope the Senate Republican
leadership would reconsider and work with us on filling these
longstanding judicial vacancies to help the American people. We have
well-qualified, consensus nominees with bipartisan support who can fill
these vacancies. It is only partisan politics and continued tactics of
obstruction that stand in the way.
Mr. GRASSLEY. Mr. President, I rise in support of the nomination of
Robin S. Rosenbaum, to be U.S. district judge for the Southern District
of Florida.
Although it is the practice and tradition of the Senate to not
confirm circuit nominees in the closing months of
[[Page S4610]]
a Presidential election year, we continue to confirm consensus district
judge nominees. We have now confirmed 151 nominees of this President to
the district and circuit courts. We also have confirmed two Supreme
Court nominees during President Obama's term.
I have heard some Members repeatedly ask the question, ``What is
different about this President that he has to be treated differently
than all these other Presidents?'' I won't speculate as to any
inference that might be intended by that question, but I can tell you
that this President is not being treated differently than previous
Presidents. By any objective measure, this President has been treated
fairly and consistent with past Senate practices.
For example, with regard to the number of confirmations, let me put
that in perspective for my colleagues with an apples-to-apples
comparison. The last time the Senate confirmed two Supreme Court
nominees was during President Bush's second term. And during President
Bush's entire second term the Senate confirmed a total of only 119
district and circuit court nominees. With Ms. Rosenbaum's confirmation
today, we will have confirmed 32 more district and circuit nominees for
President Obama than we did for President Bush in similar
circumstances.
During the last Presidential election year, 2008, the Senate
confirmed a total of 28 judges--24 district and 4 circuit. Today, we
will exceed that number, as well. We have already confirmed 5 Circuit
nominees, and this will be the 24th district judge confirmed this year.
Those who say this President is being treated differently either fail
to recognize history or want to ignore the facts.
After graduating from the University of Miami School of Law in 1991,
Judge Rosenbaum worked as a trial attorney for the Federal Programs
Branch of the Department of Justice. Her practice involved defending
the constitutionality of Federal statutes and agency programs. In
September 1995, she joined the Independent Counsel Office's
investigation of former U.S. Secretary of Commerce Ronald Brown. She
served as staff counsel, participating in the criminal investigation
and providing advice to other team members. Upon closure of the
investigation, Judge Rosenbaum joined the law firm of Holland & Knight
LLP as an associate. While there, from 1996 to 1997, she worked on a
variety of civil matters, including Federal employment law. Judge
Rosenbaum then accepted a position as a law clerk for Judge Stanley
Marcus on the U.S. Circuit Court of Appeals for the Eleventh Circuit,
where she worked from January to October 1998.
After her clerkship, Judge Rosenbaum became an assistant U.S.
attorney. She specialized in criminal prosecutions such as securities
fraud, bank fraud, identity theft, tax fraud, telemarketing fraud,
health care fraud, internet fraud, and computer crimes. In 2002, she
became the chief of the Economic Crimes Section for the Central
Division, Fort Lauderdale, which gave her supervisory responsibilities
over 8 to 10 other assistant U.S. attorneys. She held that title until
her appointment as a magistrate judge in 2007.
In 2007, the U.S. district judges for the Southern District of
Florida appointed Judge Rosenbaum to be a U.S. magistrate judge. As
magistrate judge in the District of Southern District of Florida, she
manages all aspects of the pretrial process in civil and criminal
cases: conducting evidentiary hearings, ruling on nondispositive
motions, making reports and recommendations regarding dispositive
motions, and issuing criminal complaints, search warrants, and arrest
warrants.
The ABA Standing Committee on the Federal Judiciary unanimously rated
Judge Rosenbaum as ``well qualified.''
Mr. NELSON of Florida. Mr. President, our Nation faces an alarming
judicial vacancy rate. I am grateful that today we will be voting to
confirm U.S. Magistrate Judge Robin Rosenbaum to fill a judicial
emergency in the Southern District of Florida for a Federal district
judgeship. She earned her undergraduate degree at Cornell, her law
degree from Miami. She began her legal career in the U.S. Attorney
General's Honors Program where she worked as a trial attorney in the
Federal Programs Branch of the Civil Division. She has worked in
private practice at Holland & Knight and as a law clerk to Judge
Stanley Marcus, U.S. Circuit Court Judge for the 11th Circuit Court of
Appeals, and she has worked as an Assistant U.S. Attorney down in the
Southern District of Florida.
Our State has a great tradition of bipartisan support for our Federal
judicial nominees going back a couple of decades. Of course, through
this judicial nominating commission, she has come forth with their
stamp of approval. The two Senators from Florida agree. I am happy to
recommend her to the Senate.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of Robin S. Rosenbaum, of Florida, to be U.S. District Judge for the
Southern District of Florida.
The clerk will call the roll.
The assistant bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from West Virginia (Mr.
Rockefeller), the Senator from Colorado (Mr. Udall), and the Senator
from Virginia (Mr. Webb) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Utah (Mr. Hatch) and the Senator from Illinois (Mr. Kirk).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 92, nays 3, as follows:
[Rollcall Vote No. 167 Ex.]
YEAS--92
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
Durbin
Enzi
Feinstein
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Heller
Hoeven
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Portman
Pryor
Reed
Reid
Risch
Roberts
Rubio
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (NM)
Vitter
Warner
Whitehouse
Wicker
Wyden
NAYS--3
DeMint
Lee
Paul
NOT VOTING--5
Hatch
Kirk
Rockefeller
Udall (CO)
Webb
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table, and the
President will be duly notified of the Senate's action.
____________________