[Congressional Record Volume 160, Number 37 (Wednesday, March 5, 2014)]
[Senate]
[Pages S1300-S1302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 F_____
                                 

NOMINATION OF PEDRO A. DELGADO HERNANDEZ TO BE U.S. DISTRICT JUDGE FOR 
                      THE DISTRICT OF PUERTO RICO

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume executive session to resume consideration of the Pedro A. 
Delgado Hernandez nomination.
  Under the previous order, the time until 4 p.m. will be equally 
divided between the Chair and ranking member of the Judiciary 
Committee.
  Mr. LEAHY. Mr. President, to use part of my time, we are finally 
going to vote to end the filibusters of four judicial nominees to the 
Federal district court in Arkansas, Puerto Rico, Tennessee, and 
California.
  None of these nominees is controversial. Timothy Brooks is to fill a 
vacancy in the Western District of Arkansas; Pedro Delgado Hernandez is 
to fill a vacancy in the District of Puerto Rico; Pamela Reeves is to 
fill a vacancy in the Eastern District of Tennessee; and Vince Chhabria 
is to fill a judicial emergency vacancy in the Northern District of 
California. They were voted out of the Senate Judiciary Committee with 
bipartisan support from both the Republicans and Democrats.
  Incidentally, all of them have the highest rating by the ABA Standing 
Committee on the Federal Judiciary--a ``well-qualified'' rating. It is 
rare to have all four nominees with that high rating.
  I mentioned this because nominees who would normally have just gone 
through in a matter of weeks have been held up, and held up, and held 
up, and held up, for no good reason. Pamela Reeves was originally 
nominated in May of last year--almost 1 year ago. Timothy Brooks and 
Pedro Delgado Hernandez were originally nominated last June. Vince 
Chhabria was nominated last July. Everybody knows they all could have 
been confirmed last year. They all had strong Republican and Democratic 
support in the Senate Judiciary Committee, but instead Republicans 
blocked their confirmation all year long until they had to be returned 
to the President at the end of the year. These nominees then had to be 
renominated and reprocessed. People who had already gone through the 
whole procedure had to go through it all over again.
  After they had been voted out with strong support by the Judiciary 
Committee, Senate Republicans again forced us to file cloture to end 
the filibusters of these nominations. It will have taken the Senate 8, 
9, and 10 months to bring these nominees up for a vote, and that is 
shameful.
  What this does to the nominees is outrageous. These are people with 
distinguished careers, and all of a sudden, they have to put it on 
hold. Once they are nominated to be a judge, everything in their life 
is put on hold. Most of them have to take a big cut in pay to take the 
job to begin with, and then they sit there month after month after 
month.
  Everybody has told them there is no controversy to their nomination, 
and that when their nomination does come to a vote, they will be easily 
confirmed. At some point they have to say: When is this when? It was 
not last year when it should have been, and we are well into this year 
when it comes before the Senate.
  I have heard some Republican Senators say the filibuster is dead now 
that the rules have changed. That is simply wrong. The Senate 
Republicans are just filibustering nominees for the sake of 
filibustering them under different rules. They refuse to consent to 
vote on dozens of pending noncontroversial judicial nominees, and that 
means these nominees sit on the floor for months, and months, and 
months before we have to overcome unnecessary procedural hurdles. The 
result is that precious time and resources better devoted to other 
critical business is wasted on overcoming the dilatory tactics of 
Senate Republicans.
  We could be done with this, and debating and voting on things that 
are critically important to this country--everything from rebuilding 
the decaying bridges and roads of this Nation, to health care for the 
elderly, to health research and all the things we need. Instead we 
spend time on the pettifoggery and, I would say, total balderdash in 
the arguments from the other side holding up these nominees.
  These are the same people who shut down the Federal Government last 
year. This government shutdown cost the taxpayers of this country tens 
of billions of dollars and cost the private industry tens of billions 
of dollars more. They caught so much grief for this disruption that, I 
suppose, they do not want to have a complete shutdown of the Federal 
judiciary. Instead, they do it by a sort of water torture--drip, by 
drip, by drip. They are doing the same thing to the Federal judiciary 
that they did to the Federal Government, trying to close it down. It 
may be the case that Republicans cannot stop a noncontroversial 
judicial nominee from eventually receiving an up-or-down vote, but they 
have done a pretty darn good job of delaying five judicial nominees 
from filling longstanding vacancies. This kind of needless delay only 
hurts the American people. It is hurting the Federal judiciary. It is 
one of the reasons so many people in this country are angry at what 
happens here, when they see one thing after another delayed and slowed 
up.
  I hope we can overcome the filibusters on the qualified judicial 
nominees before us, and I hope the Senate Republicans will not continue 
to try to shut down the Federal judiciary. I hope they have learned how 
much the American people are angry at them for shutting down the 
Federal Government last year, which cost the taxpayers tens of billions 
of dollars.
  Timothy Brooks is nominated to fill a judicial vacancy in the Western 
District of Arkansas. He has worked in private practice at Taylor Law 
Partners LLP for approximately 25 years, first as an associate (1989-
1993) and subsequently as a partner (1993-current). He has extensive 
experience as a litigator before both State and Federal courts, and in 
both civil and criminal cases. Mr. Brooks earned his J.D. with honors 
in 1989 from the University of Arkansas School of Law, where he served 
as an editor on the University of Arkansas Law Review. The ABA Standing 
Committee on the Federal Judiciary unanimously rated Mr. Brooks well 
qualified to serve on the U.S. District Court for the Western District 
of Arkansas, its highest rating. He received the support of both of his 
home State senators, Senator Boozman and Senator Pryor. The Judiciary 
Committee reported him by voice vote to the full Senate on October 31, 
2013, and again by voice vote on January 16, 2014.
  Pedro Delgado Hernandez has worked in private practice at O'Neill & 
Borges LLC for nearly 15 years, first as an associate (1986-1990) and 
then as a partner (1990-current). From 1995 to 1996, he served as a 
judge on the Circuit Court of Appeals of Puerto Rico. He previously 
served as solicitor general for Puerto Rico's Department of Justice by 
appointment from 1993 to 1995. Following law school, he clerked for 
Judge Juan Torruella, of the U.S. District Court for the District of 
Puerto Rico and the U.S. Court of Appeals for the First Circuit, from 
1984 to 1986. He served in the U.S. Army Reserve from 1979 to 1985. He 
earned his B.S. from the University of Puerto Rico in 1979. He earned 
his J.D., magna cum laude, from the University of Puerto Rico School of 
Law in 1983. The ABA Standing Committee on the Federal Judiciary 
unanimously rated Mr. Hernandez well qualified to serve on the U.S. 
District Court for the District of Puerto

[[Page S1301]]

Rico, its highest rating. He received the support of Representative 
Pedro Pierluisi of Puerto Rico. The Judiciary Committee reported him by 
voice vote to the full Senate on October 31, 2013, and again by voice 
vote on January 16, 2014.

  Pamela Reeves has worked in private practice since 2002 at Reeves, 
Herbert & Anderson, P.A., as an attorney and managing attorney. She 
previously worked as a partner at Watson, Hollow & Reeves, P.L.C. from 
1988 to 2002. She also served as an adjunct professor for trial 
practice at the University of Tennessee Law School (1991-1996). 
Following graduation from law school, she worked as an associate at 
Griffin, Burkhalter, Cooper & Reeves from 1979 to 1985. She earned her 
J.D. from the University of Tennessee College of Law in 1979. She has 
been named one of the Best Lawyers in America, and one of the Top 100 
Lawyers in Tennessee, from 2006 to 2012. If confirmed, she would be the 
first woman to serve as a Federal judge in the Eastern District of 
Tennessee. The ABA Standing Committee on the Federal Judiciary 
unanimously rated Ms. Reeves well qualified to serve on the U.S. 
District Court for the Eastern District of Tennessee, its highest 
rating. She received the support of her home State senators, Senator 
Alexander and Senator Corker. The Judiciary Committee reported her by 
voice vote to the full Senate on November 14, 2013, and again by voice 
vote on January 16, 2014.
  Vince Chhabria has served as a San Francisco deputy city attorney for 
government litigation since 2005, and has served as the co-chief of 
appellate litigation since 2011. He previously worked in private 
practice as an associate at Covington & Burling LLP from 2002 to 2004, 
and as an associate at Keker & Van Nest LLP in 2001. Upon graduating 
from law school, Mr. Chhabria served as a law clerk to three 
distinguished Federal judges: Judge Charles Breyer of the U.S. District 
Court for the Northern District of California from 1998 to 1999; Judge 
James Browning on the Ninth Circuit Court of Appeals from 1999 to 2000; 
and Associate Justice Stephen G. Breyer of the U.S. Supreme Court from 
2001 to 2002. Mr. Chhabria earned his J.D., Order of the Coif, in 1998 
from Berkeley Law School. If confirmed, he would serve as California's 
first Article III judge of South Asian descent. The ABA Standing 
Committee on the Federal Judiciary unanimously rated Mr. Chhabria well 
qualified to serve on the U.S. District Court for the Northern District 
of California, its highest rating. He received the support of his home 
State senators, Senator Feinstein and Senator Boxer. The Judiciary 
Committee reported him favorably with bipartisan support to the full 
Senate on November 14, 2013, and again with bipartisan support on 
January 16, 2014.
  I thank the majority leader for filing cloture petitions to end the 
filibusters of these much needed trial court judges. And I continue to 
hope that Senate Republicans will change course so that we can work 
together to confirm without further delay noncontroversial nominees to 
longstanding judicial vacancies.
  At some time reality has to catch up with the rhetoric around this 
place. I heard speeches earlier today on how people want to stand up 
for law enforcement. I would remind everybody that one of the things we 
have actually done in this body and the U.S. House of Representatives 
to help law enforcement was the bulletproof vest program.
  This is a bipartisan program that was started by the former 
Republican Senator from Colorado, Ben Nighthorse Campbell, and myself 
to provide bulletproof vests to police departments that could not 
afford them. We have had some of the most gripping testimony before the 
Senate Judiciary Committee.
  The distinguished Presiding Officer may recall one police officer 
from a northern State who came to testify before us. He told us how 
much he loved being a police officer. He said the only thing he loves 
more than being a police officer are his parents, his wife, and his 
children. He said: ``If it were not for this,'' and he reached under 
the table and pulled up a bulletproof vest. You could see two bullets 
stuck in it. He said, ``If I had not been wearing this, I never would 
have seen my parents or my wife or my children,'' all of whom were 
sitting behind him.
  He said, ``Please keep this program going.'' His family got to visit 
him in the hospital where he had a couple of cracked ribs. If he had 
not been wearing his bulletproof vest, he said they would have been 
visiting him in the morgue instead.
  I only mentioned this story because every single Democrat has agreed 
to the reauthorization of the bulletproof vest bill. We have not had a 
single Republican step forward to say: We will stand up to protect the 
men and women in uniform of this country who protect us. Having served 
8 years in law enforcement, I find that shameful.
  I say, stop trying to shut down the Federal judiciary, but also stand 
up for the protection of the men and women in uniform in the police 
departments throughout this country.
  From the time Senator Campbell and I first started working on this 
bill decades ago, this bill has always been a bipartisan bill. Decades 
ago, we heard testimony from a police officer talking about seeing his 
parents, wife, and children when he has had to face gunfire in the line 
of duty.
  Do not let us hear from the same parents, spouses, or children about 
why we did not protect their husband or wife, son or daughter, when we 
could have. Why did we play silly games when not one single Republican 
would step forward and say: Let's pass this bulletproof vest bill. 
Let's stand up for the men and women in uniform in this country.
  Mr. President, what is the present parliamentary situation?
  The PRESIDING OFFICER. The Senate is currently considering the 
Hernandez nomination.
  Mr. LEAHY. Is there a time for a vote?
  The PRESIDING OFFICER. Currently, there are 3 minutes of debate time 
remaining.
  Mr. LEAHY. Mr. President, have the yeas and nays been requested on 
the nomination?
  The PRESIDING OFFICER. They have not.
  Mr. LEAHY. Mr. President, I request the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. LEAHY. Mr. President, I suggest the absence of a quorum and I ask 
unanimous consent that the time be equally divided.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, I ask unanimous consent that all time 
remaining be yielded back.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. Under the previous order, all postcloture time 
is yielded back.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Pedro A. Delgado Hernandez, of Puerto Rico, to be U.S. 
District Judge for the District of Puerto Rico, shall be brought to a 
close?
  The yeas and nays were previously ordered.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Michigan (Mr. Levin) is 
necessarily absent.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Texas (Mr. Cornyn).
  Further, if present and voting, the Senator from Texas (Mr. Cornyn) 
would have voted ``aye.''
  The PRESIDING OFFICER (Mr. Brown). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                       [Rollcall Vote No. 50 Ex.]

                                YEAS--98

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Coons
     Corker
     Crapo
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein

[[Page S1302]]


     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Lee
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Walsh
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Cornyn
     Levin
       
  The nomination was confirmed.

                          ____________________