[Congressional Record Volume 160, Number 7 (Monday, January 13, 2014)]
[Senate]
[Pages S281-S283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                      EXECUTIVE SESSION--Continued

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume executive session.
  The Senator from Maryland.
  Mr. CARDIN. If I understand correctly, we are on the nomination of 
judge Robert Wilkins?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. CARDIN. Mr. President, I rise in strong support of the nomination 
of Judge Robert L. Wilkins to be a circuit judge for the U.S. Court of 
Appeals for the District of Columbia Circuit. I was pleased to 
introduce Judge Wilkins to the Judiciary Committee in September and the 
committee favorably reported his nomination in October. He was 
filibustered in November, and I am pleased we are reconsidering his 
nomination today.
  Judge Wilkins currently serves as a Federal District Judge in the 
U.S. District Court for the District of Columbia. So he is a district 
court judge today, confirmed by the Senate for a lifetime appointment, 
and now has been nominated by President Obama to fill the circuit 
court, which is the court above the judicial court for the District of 
Columbia.
  I am happy we are going to get a chance to vote on the merits of this 
nominee.
  Judge Wilkins is a native of Muncie, IN. He obtained his B.S. cum 
laude in chemical engineering from Rose-Hulman Institute of Technology 
and his J.D. from Harvard Law School.
  Following graduation, Judge Wilkins clerked for The Honorable Earl B. 
Gilliam of the U.S. District Court for the Southern District of 
California. He later served as a staff attorney and as

[[Page S282]]

head of special litigation for the Public Defender Service for the 
District of Columbia. He then practiced as a partner with Venable, 
specializing in white-collar defense, intellectual property, and 
complex civil litigation before taking the bench as a district court 
judge.
  Besides Judge Wilkins' professional accomplishments as an attorney, 
he has also played a leading role as a plaintiff in a landmark civil 
rights case in Maryland involving racial profiling. During his tenure 
with the Public Defender Service and in private practice, Judge Wilkins 
served as the lead plaintiff in Wilkins, et al. v. State of Maryland, a 
civil rights lawsuit against the Maryland State Police for a traffic 
stop they conducted on Judge Wilkins and his family. Let me give some 
of the circumstances of what Judge Wilkins went through.
  In 1992 Judge Wilkins attended his grandfather's funeral in Chicago 
and then began an all-night trip home with three of his family members. 
He was due back in Washington, DC, that coming morning for a court 
appearance as a public defender. A Maryland State Police trooper pulled 
over their car. The police detained the family and deployed a drug-
sniffing dog to check the car, after Judge Wilkins declined to consent 
to a search of the car, stating there was no reasonable suspicion. The 
family stood in the rain during the search, which did not uncover any 
contraband.
  Judge Wilkins later wrote:

       It is hard to describe the frustration and pain you feel 
     when people pressure you to be guilty for no good reason, and 
     you know that you are innocent. . . . [W]e fit the profile to 
     a tee. We were traveling on I-68, early in the morning, in a 
     Virginia rental car. And, my cousin and I, the front seat 
     passengers, were young black males. The only problem was that 
     we were not dangerous, armed drug traffickers. It should not 
     be suspicious to travel on the highway early in the morning 
     in a Virginia rental car. And it should not be suspicious to 
     be black.

  After the traffic stop, Judge Wilkins began reviewing Maryland State 
Police data and noticed that while a majority of those searched on I-95 
were Black, Blacks made up only a minority of the drivers traveling on 
the highway.
  Judge Wilkins filed a civil rights lawsuit which resulted in two 
landmark settlements that were the first to require systematic 
compilation and publication by a police agency of data for all highway 
drug and weapons searches, including data recording the race of the 
motorist involved, the justification of the search and the outcome of 
the search. The settlements also required the State Police to hire an 
independent consultant, install video cameras in their vehicles, 
conduct internal investigations of all citizen complaints of racial 
profiling, and provide the Maryland NAACP with quarterly reports 
containing detailed information on the number, nature, location, and 
disposition of racial profiling complaints.
  These settlements inspired a June 1999 Executive order by President 
Clinton, congressional hearings, and legislation that has been enacted 
in over half of the 50 States.
  This was a landmark case, and the settlement provided the wherewithal 
for many States to change their practices on traffic stops and how 
traffic stops would be conducted. It was an important action Judge 
Wilkins took as a private citizen in order to advance the rights of all 
people. I applaud him for that courage, not only to stand for what was 
right for him but also to be active in changing those practices around 
the country.
  As my colleagues know, I have introduced S. 1038, the End Racial 
Profiling Act--ERPA--which would codify many of the practices now used 
by the Maryland State Police to root out the use of racial profiling by 
law enforcement. The Judiciary Committee held a hearing on ending the 
use of racial profiling last year, and I am hopeful that with the 
broader discussion on racial profiling generated by the tragic death of 
Trayvon Martin, we can come together and move forward on this 
legislation.
  Judge Wilkins played a key role in the passage of the Federal statute 
establishing the National Museum of African American History and 
Culture Plan for Action Presidential Commission, and he served as the 
chairman of the Site and Building Committee of that Presidential 
Commission. The work of the Presidential Commission led to the passage 
of Public Law 108-184, which authorized the creation of the National 
Museum of African American History and Culture. This museum will be the 
newest addition to the Smithsonian and is scheduled to open in 2015 
between the National Museum of American History and the Washington 
Monument on the National Mall.
  I mention that because Judge Wilkins has been involved in our 
community. He is not only an outstanding jurist, he is a person who has 
stood for basic rights. He has taken action where things were wronged 
against him, and he has been very active in our community.
  He also continues his pro bono work to this day. He currently serves 
as the court liaison to the Standing Committee on Pro Bono Legal 
Services of the Judicial Conference of the DC Circuit. He is committed 
to public service and equal justice.
  As a U.S. district judge for the District of Columbia since 2011, 
Judge Wilkins has presided over hundreds of civil and criminal cases, 
including both jury and bench trials. Judge Wilkins already sits on a 
Federal bench which hears an unusual number of cases of national 
importance to the Federal Government, including complex election law, 
voting rights, environmental, securities, and administrative law cases.
  Indeed, Judge Wilkins has been nominated for the appellate court that 
would directly hear appeals from the court on which he currently sits. 
He understands the responsibilities of the court that he has been 
nominated to by President Obama.
  The American Bar Association gave Judge Wilkins a rating of 
unanimously ``well qualified'' to serve as a Federal appellate judge, 
which is the highest possible rating from the nonpartisan peer review.
  The U.S. Court of Appeals for the District of Columbia Circuit is 
also referred to as the Nation's second highest court. The Supreme 
Court only accepts a handful of cases each year, so the DC Circuit 
often has the last word and proclaims the final law of the land in a 
range of critical areas of the law because many of these cases are 
brought to the DC Circuit.
  This court handles unusually complex cases in the area of 
administrative law, including revealing decisions and rulemaking of 
many Federal agencies in policy areas, such as environment, labor, and 
financial regulations.
  Nationally, only about 15 percent of the appeals are administrative 
in nature--15 percent. That is the national number. In the DC Circuit, 
that figure is 43 percent. They have a much larger caseload of complex 
cases. The court also hears a variety of sensitive terrorism cases 
involving complicated issues, such as enemy combatants and detention 
policies.
  Let me quote from former Chief Judge Henry Edwards, who said:

       [R]eview of large, multiparty, difficult administrative 
     appeals is the staple of judicial work in the DC Circuit. 
     This alone distinguishes the work of the DC Circuit from the 
     work of other circuits. It also explains why it is impossible 
     to compare the work of the DC Circuit with other circuits by 
     simply referring to raw data on case filings.

  I mention that because there have been some here who say ``the 
workload of the court.'' The workload of the court requires us to fill 
this vacancy.
  Chief Justice Roberts noted that ``about two-thirds of the cases 
before the DC Circuit involved the Federal Government in some civil 
capacity, while that figure is less than twenty-five percent 
nationwide.'' He also described the ``D.C. Circuit's unique character, 
as a court with special responsibility to review legal challenges to 
the conduct of the national government.'' He should know. Justice 
Roberts came from that circuit court.
  We have a person who is eminently qualified for this position, and 
that is Judge Wilkins. We have a need to fill this vacancy. The Senate 
should carry out its responsibility, and we are going to have that 
chance very shortly.
  Let me remind my colleagues that the Senate unanimously confirmed 
Judge Wilkins in 2010 for his current position, and he has a 
distinguished lifelong record of public service. I am pleased that we 
have moved forward to get an up-or-down vote on this nomination. I ask 
the Senate and my colleagues to support confirmation of this eminently 
qualified judge.

[[Page S283]]

  Mr. LEAHY. Mr. President, tonight we will vote on the nomination of 
Judge Robert Wilkins to serve on the U.S. Court of Appeals for the DC 
Circuit. Late last week, we were finally able to invoke cloture on his 
nomination, after it was unjustifiably filibustered by Senate 
Republicans for months.
  Judge Wilkins was nominated to serve on this court last June, along 
with two other exceptional nominees who were both confirmed late last 
year, Judge Patricia Millett and Judge Nina Pillard. Once Judge Wilkins 
is confirmed, the DC Circuit, which is often considered to be the 
second most important court in the Nation, will finally be operating at 
full strength. The American people deserve no less.
  Judge Wilkins is an outstanding nominee. He was unanimously confirmed 
to the U.S. District Court for the District of Columbia 3 years ago. He 
has presided over hundreds of cases and issued significant decisions in 
various areas of the law, including in the fields of administrative and 
constitutional law. Prior to serving on the bench, he was a partner for 
nearly 10 years in private practice and served more than 10 years as a 
public defender in the District of Columbia.
  During his time at the Public Defender Service, Judge Wilkins served 
as the lead plaintiff in a racial profiling case, which arose out of an 
incident in which he and three family members were stopped and detained 
while returning from a funeral in Chicago. This lawsuit led to landmark 
settlements that required systematic statewide compilation and 
publication of highway traffic stop-and-search data by race. These 
settlements inspired an Executive Order by President Clinton, 
legislation in the House and Senate, and legislation in at least 28 
States prohibiting racial profiling or requiring data collection.
  Despite the progress made in the past several decades, the struggle 
to diversify our Federal bench continues. When confirmed, Judge Wilkins 
will be only the sixth African American to have ever served on the DC 
Circuit.
  Judge Wilkins earned the ABA's highest possible rating of unanimously 
``well qualified.'' He also has the support of the National Bar 
Association, the Nation's largest professional association of African 
American lawyers and judges, as well as several other prominent legal 
organizations. I ask unanimous consent to have printed in the Record a 
list of letters in support of Judge Wilkins.
  I hope my fellow Senators will join me today to confirm this good man 
to serve on this important court. Our Nation will be better off with 
Judge Robert Wilkins serving on the DC Circuit.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      Letters in Support of the Nomination of Judge Robert Wilkins

       1. July 31, 2013--Diverse group of 97 organizations in 
     support of Judge Wilkins. The organizations include National 
     Bar Association, National Conference of Women's Bar 
     Associations, Hispanic National Bar Association, American 
     Association for Justice, National Association of Consumer 
     Advocates, NAACP, and National Employment Lawyers 
     Association.
       2. August 28, 2013--Joseph C. Akers, Jr., Interim Executive 
     Director, on behalf of National Organization of Black Law 
     Enforcement Executives (NOBLE)
       3. September 10, 2013--Benjamin F. Wilson, Managing 
     Principal, Beveridge & Diamond, P.C. and John E. Page, SVP, 
     Chief Legal Officer, Golden State Foods Corp. and Immediate 
     Past President, National Bar Association on behalf of an ``ad 
     hoc group of African American AmLaw 100 Managing Partners and 
     Fortune 1000 General Counsel''
       4. September 10, 2013--Nancy Duff Campbell and Marcia D. 
     Greenberger, co-Presidents, on behalf of the National Women's 
     Law Center
       5. September 10, 2013--Doreen Hartwell, President, Las 
     Vegas Chapter of the National Bar Association
       6. September 18, 2013--William Martin, Washington Bar 
     Association
       7. September 27, 2013--Douglas Kendall, President, and 
     Judith Schaeffer, Vice President, Constitutional 
     Accountability Center
       8. October 1, 2013--National Bar Association
       9. October 1, 2013--Michael Madigan, Orrick, Herrington & 
     Sutcliffe LLP
       10. September 10, 2013 and October 2, 2013--Wade Henderson, 
     President & CEO and Nancy Zirkin, Executive Vice President on 
     behalf of The Leadership Conference on Civil and Human Rights

  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. JOHANNS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Robert Leon 
Wilkins of the District of Columbia to be United States Circuit Judge 
for the District of Columbia Circuit?
  Mr. JOHANNS. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Georgia (Mr. Chambliss) and the Senator from Florida (Mr. 
Rubio).
  The PRESIDING OFFICER (Mr. Donnelly). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 55, nays 43, as follows:

                       [Rollcall Vote No. 7 Ex.]

                                YEAS--55

     Baldwin
     Baucus
     Begich
     Bennet
     Blumenthal
     Booker
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murphy
     Murray
     Nelson
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--43

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--2

     Chambliss
     Rubio
       
  The nomination was confirmed.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. I ask unanimous consent that the motion to reconsider be 
considered made and laid on the table, with no intervening action or 
debate, and the President be immediately notified of the Senate's 
action.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

                          ____________________