[Congressional Record Volume 159, Number 154 (Thursday, October 31, 2013)]
[Senate]
[Pages S7692-S7693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Letter of Resignation
Mr. DURBIN. Mr. President, first, I ask unanimous consent that an
official letter of resignation as mayor of Newark, NJ, from Senator-
elect Cory Booker of New Jersey be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Newark, NJ,
October 30, 2013.
Robert P. Marasco,
City Clerk, City of Newark, Broad Street, Newark, NJ.
Dear Mr. Marasco: Serving as the mayor of Newark, New
Jersey has been one of the greatest honors of my life. Since
taking office more than seven years ago, I've had the
privilege to work closely with countless residents, municipal
employees, elected officials, community leaders and others to
move Newark forward. It was not easy, but together, we have
brought incredible positive change to our city and set the
stage for this momentum to continue in the coming years.
On Thursday, October 31, 2013 at noon, I will be sworn in
as one of New Jersey's United States Senators. Therefore,
effective Thursday, October 31, 2013 at 12:00 a.m., I am
officially resigning as mayor of Newark.
While I am leaving one position, I am not leaving Newark. I
am proud to be able to now represent Newark and our entire
state as a United States Senator. My level of dedication,
passion and service will not falter as I serve New Jersey.
Our best days lie ahead, and together, we will continue to
achieve great things.
The work goes on.
Sincerely,
Cory A. Booker,
Mayor.
Mr. DURBIN. Mr. President, I listened carefully to the statement that
was just made by the Republican leader. It is a shame what is about to
occur on the Senate floor if he has his way. The President has
submitted the name of a nominee to serve on the DC Circuit Court. This
is not just another court. Some view it as the second most important
court in the land. Some of the most technical and challenging legal
cases come before this court. The judges who serve there are called on
not just to do routine things but to do extraordinary things on a
regular basis. That is why the appointments to this court are so
critically needed when
[[Page S7693]]
it comes to maintaining the integrity of our Federal judiciary.
What I heard from the Senate Republican leader was a statement that
he would vote against the nomination of Patricia Ann Millett, President
Obama's nominee for the vacancy on the court.
There are 11 judges authorized for this court. Currently, only eight
are serving. There are three vacancies. Ms. Millett is being suggested
for the ninth seat out of the 11 that are authorized. I am not going to
go back into the history of our exchanges when it comes to the
appointment of judges. I can make as compelling a case, if not more
compelling, than that just made by the Senator from Kentucky.
At the end of the day those who are witnessing this will say it is
another he said versus he said. What are these politicians up to? Who
is right? Who is wrong? What I would suggest is, don't take my word for
it and don't take the word of the Senator from Kentucky. Take the word
of the Chief Justice of the Supreme Court of the United States.
On April 5 the Judicial Conference of the United States, led by Chief
Justice John Roberts, made its Federal judgeship recommendations for
this Congress. The Judicial Conference is not Republican or Democratic;
it is nonpartisan. According to its letter, its recommendations reflect
the judgeship needs of the Federal judiciary. The Judicial Conference,
which judges the caseload and workload in the Federal courts, did not
reach the same conclusion as the Senator from Kentucky. They didn't
tell us we need fewer judges on the DC Circuit Court--not at all. It is
incumbent upon us to fill those vacancies, and that is where we should
be today.
Let me add one additional note. What is especially troubling about
what they are going to do to this fine woman is the fact that she is so
extraordinarily well qualified. She may hold a record of having been an
advocate and argued before the U.S. Supreme Court some 32 times. She
has received the endorsement of both Democratic and Republican
Solicitors General. Those are the lawyers who represent the United
States of America before that Court across the street, and her
nomination is strongly supported by prominent former Republican
Solicitors General.
So the notion that the Senator from Kentucky suggests--that this is
some partisan gambit--is completely destroyed by her letters of
recommendation from Republicans as well as Democrats who have served as
Solicitor General and have witnessed her fine work. This is about
putting the right person in the job on one of the most important courts
in the land, and sadly, unless the position of the minority leader of
the Senate is not the position of all Republican Senators, she may
suffer from this partisan approach to the appointment of this vacancy.
What a sad outcome for a fine woman who has done so well as a
professional advocate before appellate courts, has been recommended on
a bipartisan basis--the highest recommendations--and now, after
languishing on the calendar, is going to be dismissed. She didn't fit
into the political game plan. That is awful.
The men and women who step forward and submit their applications to
become part of our Federal judiciary know they are going to be
carefully scrutinized and criticized for some things in their past, but
they do it anyway in the name of public service. What I hear from the
Senator from Kentucky is that she doesn't fit into the political game
plan on the other side of the aisle. I hope there are enough Republican
Senators who will disagree with the Senator from Kentucky. We should
give Patricia Ann Millett an opportunity to serve on the DC Circuit
Court as quickly as possible.
I know there are others on the floor, and I want to make sure
everyone has time to say what is on their mind today because there are
important issues before us, but I do want to make one brief comment
about another issue.