[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.