[Congressional Record Volume 160, Number 62 (Tuesday, April 29, 2014)]
[Senate]
[Pages S2431-S2433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLOTURE MOTION
The PRESIDING OFFICER. Under the previous order, pursuant to rule
XXII, the Chair lays before the Senate the pending cloture motion,
which the clerk will state.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the nomination of
Sheryl H. Lipman, of Tennessee, to be United States District
Judge for the Western District of Tennessee.
Harry Reid, Patrick J. Leahy, Jon Tester, Barbara Boxer,
Charles E. Schumer, Benjamin L. Cardin, Richard J.
Durbin, Christopher A. Coons, Jack Reed, John D.
Rockefeller IV, Carl Levin, Bill Nelson, Sheldon
Whitehouse, Christopher Murphy, Patty Murray, Tom
Udall, Angus S. King, Jr.
Mr. LEAHY. Mr. President, today, we will vote to end filibusters on
the nominations of Sheryl Lipman to the U.S. District Court for the
Western District of Tennessee, Stanley Bastian to the U.S. District
Court for the Eastern District of Washington, Manish Shah to a judicial
emergency vacancy on the U.S. District Court for the Northern District
of Illinois, Daniel Crabtree to the U.S. District Court for the
District of Kansas, Judge Cynthia Bashant to the U.S. District Court
for the Southern District of California, and Judge Jon Levy to the U.S.
District Court for the District of Maine. These are just 6 of the 31
judicial nominees currently pending on the Senate Floor.
Every single one of these nominees was voted out of the Judiciary
Committee with bipartisan support and every single one of these
nominees has the support of their home State Senators. Nevertheless, we
are once again being forced to follow the costly ritual of filing and
voting on cloture for non-controversial nominees and wasting valuable
floor time repeating this exercise. Meanwhile, it is our Federal
Judiciary and the American people who suffer from these delays.
I recently heard remarks from the Minority Leader claiming that
``many of these nominees would have been confirmed last December had we
not'' instituted the rules change. This statement is simply belied by
the facts. Senate Republicans have obstructed and slowed the
nominations process throughout this President's entire tenure--in both
his first and second terms. At the end of each calendar year, Senate
Republicans deliberately refuse to vote on several judicial nominees
who could and should be confirmed in order to consume additional time
the following year confirming these nominees. This has happened at the
conclusion of every single year of the Obama presidency.
At the end of 2009, they left 10 nominations on the Executive
Calendar without a vote. Two of those nominations were returned to the
President, and it subsequently took 9 months for the Senate to take
action on the other 8. This resulted in the lowest 1-year confirmation
total in at least 35 years. In 2010 and 2011, Senate Republicans left
19 nominations on the Senate Executive Calendar at the end of each
year. It then took nearly half the following year for the Senate to
confirm these nominees. In 2012, Senate Republicans left 11 judicial
nominees without action and another four had hearings but Republicans
refused to expedite their consideration. In 2013, Senate Republicans
left 9 nominations on the Executive Calendar. Another 15 judicial
[[Page S2432]]
nominees could have been reported to the full Senate and confirmed by
the end of last year, but Senate Republicans blocked the Judiciary
Committee's ability to meet to report these nominees to the full
Senate. So, the idea that the rules change has somehow triggered
Republican obstruction is simply not true. This has been a persistent
and coordinated effort since the very beginning of the Obama
presidency, and the rules change was an attempt to overcome some of
these tactics of delay and obstruction.
I have also seen reports lately that President Obama is now outpacing
President George W. Bush in terms of judicial nominees confirmed at the
same point in their presidencies. It is true that at this point in
their respective presidencies, President Bush had 232 nominees
confirmed while this President has had 235 nominees confirmed. This is
certainly welcome news.
I would note, however, that this statistic paints a very incomplete
picture of what needs to be done. Although there have been slightly
more nominees confirmed, the vacancies are much higher at this point in
this president's tenure than in President Bush's tenure. In April 2006,
there were only 54 vacancies in the Federal judiciary. In stark
contrast, as of April 2014, there are currently 85 vacancies in the
Federal judiciary--31 vacancies more than existed at the same point in
President Bush's tenure.
The comparison is even more troubling when you consider the 31
judicial nominees currently pending on the Executive Calendar. We could
lower the number of judicial vacancies today to 54 if Senate
Republicans would consent to voting on all of the pending nominees. We
have not had fewer than 60 vacancies since February 2009, at the
beginning of President Obama's first term. And for most of President
Obama's tenure in office, judicial vacancies have continued to hover
around 80 and 90 because of Senate Republican obstruction.
Nevertheless, Senate Republicans continue to object to votes on these
nominations.
These 6 nominees for whom we are voting to invoke cloture on today
were nominated last August and September. It is about time that we held
a vote on their nominations. All 6 nominees are well qualified and we
should end these filibusters and confirm them as soon as possible.
Sheryl Lipman has served as University Counsel to the University of
Memphis since 2002, where she has also served as interim chief of staff
to the president of the university and senior attorney. Prior to her
work for the University of Memphis, she worked for nearly a decade in
private practice at various law firms. Following her graduation from
law school, she served as a law clerk to Judge Julia Gibbons of the
U.S. District Court for the Western District of Tennessee. Ms. Lipman
has the support of her home State Republican Senators, Senator Corker
and Senator Alexander. The Judiciary Committee reported her unanimously
by voice vote to the full Senate on January 16, 2014.
Stanley Bastian has worked in private practice for over 15 years and
currently serves as a managing partner at the law firm Jeffers,
Danielson, Sonn & Aylward, P.S. From 1985 to 1988, he served as an
Assistant City Attorney in the Seattle City Attorney's Office, from
1984 to 1985 he served as a law clerk to Judge Ward Williams of the
Washington State Court of Appeals Division I. Mr. Bastian previously
served as the president of the Washington State Bar Association. He has
the support of his home State Senators, Senator Murray and Senator
Cantwell. The ABA Standing Committee on the Federal Judiciary
unanimously rated him ``well qualified'' to serve on the U.S. District
Court for the Eastern District of Washington, its highest rating. The
Judiciary Committee reported him unanimously by voice vote to the full
Senate on January 16, 2014.
Manish Shah has served in the United States Attorney's Office for the
Northern District of Illinois since 2001. He has served as the chief of
the Criminal Division since 2012, and previously served as the chief of
Criminal Appeals, deputy chief of Financial Crimes & Special
Prosecutions, and deputy chief of General Crimes. He also served as a
law clerk to Judge James Zagel of the U.S. District Court for the
Northern District of Illinois from 1999 to 2001. Mr. Shah was awarded
the Federal Bureau of Investigation Director's Award for Outstanding
Criminal Investigation in 2008 and the Executive Office for U.S.
Attorneys Director's Award for Superior Performance by a Litigative
Team in 2007. He earned his B.A. with honors and distinction from
Stanford University in 1994. He earned his J.D. with honors from the
University of Chicago Law School in 1998. He has the bipartisan support
of his home State Senators, Senator Durbin and Senator Kirk. The
Judiciary Committee reported him unanimously by voice vote to the full
Senate on January 16, 2014. If confirmed, he would be the first South
Asian judge to serve on a Federal court in Illinois.
Daniel Crabtree has worked as a partner at Stinson, Morrison, Hecker,
LLP since 2002. He previously worked in private practice for 21 years
at Stinson, Mag & Fizzel. He has also served as the general counsel for
the Kansas City Royals Baseball Club and Walsworth Publishing Company
since 2008. In private practice, he has provided pro bono legal
services through the Volunteer Attorney Project of the Legal Aid Office
of the Western District of Missouri. Mr. Crabtree has the support of
his Republican home State Senators, Senator Moran and Senator Roberts.
The ABA Standing Committee on the Federal Judiciary unanimously rated
him ``well qualified'' to serve on the U.S. District Court for the
District of Kansas. The Judiciary Committee reported him unanimously by
voice vote to the full Senate on January 16, 2014.
Judge Cynthia Bashant has served as a California State judge in San
Diego Superior Court since 2000, and for 3 years as the court's
presiding judge, 2010-2013. During her 13 years on the bench, she has
presided over approximately 100 jury trials and over 1,000 bench
trials. Prior to her judicial service, she served as an assistant U.S.
attorney in the Southern District of California, 1989-2000, and worked
in private practice at Baker and McKenzie (1988-1989) and at McDonald
Halsted and Laybourne, 1986-1988. In private practice, she provided pro
bono legal services to the San Diego Volunteer Lawyers Program and the
American Civil Liberties Union. While serving as an assistant U.S.
attorney, she received six Special Commendations for Outstanding
Performance. Judge Bashant has the support of her home State Senators,
Senator Feinstein and Senator Boxer. The Judiciary Committee reported
her unanimously by voice vote to the full Senate on January 16, 2014.
Justice Jon Levy has served as an associate justice on the Maine
Supreme Judicial Court since 2002. He previously served as a state
judge in York, ME, as chief judge, 2001-2002, deputy chief judge, 2000-
2001, and as a district court judge for Maine's Tenth Judicial District
(1995-2000). Prior to his judicial service, he worked in private
practice for more than a decade. He previously served as a special
monitor in the U.S. District Court for the Southern District of Texas,
1981-1982. After graduating from law school, he served as a law clerk
to Judge John Copenhaver, Jr., of the U.S. District Court for the
Southern District of West Virginia, 1979-1981. He is a member of the
American Bar Association's Standing Committee on Legal Aid and Indigent
Defendants. As a leader in the Maine Justice Action Group, he has
promoted pro bono involvement throughout Maine's legal community.
Justice Levy has the bipartisan support of his home State Senators,
Senator King and Senator Collins. The Judiciary Committee reported his
nomination favorably with bipartisan support to the full Senate on
January 16, 2014.
I thank the majority leader for filing cloture petitions to end the
filibusters of these much needed judges. I hope my fellow Senators will
join me today to end these filibusters so that these nominees can get
working on behalf of the American people.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call has been waived.
The question is, Is it the sense of the Senate that debate on the
nomination of Sheryl H. Lipman, of Tennessee, to be United States
District Judge for the Western District of Tennessee, shall be brought
to a close?
The yeas and nays are mandatory under the rule.
[[Page S2433]]
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Arkansas (Mr. Pryor) is
necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Arkansas (Mr. Boozman) and the Senator from Florida (Mr.
Rubio).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 58, nays 39, as follows:
[Rollcall Vote No. 111 Ex.]
YEAS--58
Alexander
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Corker
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Reed
Reid
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--39
Ayotte
Barrasso
Blunt
Burr
Chambliss
Coats
Coburn
Cochran
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Lee
McCain
McConnell
Moran
Paul
Portman
Risch
Roberts
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NOT VOTING--3
Boozman
Pryor
Rubio
The PRESIDING OFFICER. On this vote the yeas are 58 and the nays are
39. The motion to invoke cloture is agreed to.
The majority leader is recognized.
Mr. REID. We have five more votes. At the end of 10 minutes, with the
5-minute kicker on each of these votes, we should close the vote no
matter who is not here. We have a lot to do today. We have two caucuses
that should start at 12:30, and so we will have to rush through these
as quickly as we can.
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