[Congressional Record Volume 160, Number 86 (Wednesday, June 4, 2014)]
[Senate]
[Pages S3396-S3398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF MARK G. MASTROIANNI TO BE UNITED STATES DISTRICT JUDGE 
                   FOR THE DISTRICT OF MASSACHUSETTS

                                 ______
                                 

 NOMINATION OF BRUCE HOWE HENDRICKS TO BE UNITED STATES DISTRICT JUDGE 
                   FOR THE DISTRICT OF SOUTH CAROLINA

                                 ______
                                 

 NOMINATION OF TANYA S. CHUTKAN TO BE UNITED STATES DISTRICT JUDGE FOR 
                        THE DISTRICT OF COLUMBIA

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations 
which the clerk will report.
  The bill clerk read the nominations of Mark G. Mastroianni, of 
Massachusetts, to be United States District Judge for the District of 
Massachusetts; Bruce Howe Hendricks, of South Carolina, to be United 
States District Judge for the District of South Carolina; and Tanya S. 
Chutkan, of the District of Columbia, to be United States District 
Judge for the District of Columbia.
  The PRESIDING OFFICER. Under the previous order, there will be now 2 
minutes of debate equally divided in the usual form prior to a vote on 
confirmation of the Mastroianni nomination.
  Mr. LEAHY. Madam President, today, the Senate will vote on the 
confirmation of three nominees to serve on the U.S. district courts in 
Massachusetts, South Carolina, and the District of Columbia. The Senate 
Judiciary Committee reported two of these nominees unanimously to the 
full Senate, and the third nominee with strong bipartisan support.
  These nominees are not controversial and in past years would have 
been confirmed weeks, or even months, ago. Instead, Republicans 
continue to refuse to give consent for votes on any judicial nominee, 
irrespective of their qualifications or the support of home State 
Senators. As a result, yesterday the Senate was forced again to waste 
valuable time voting to end the unnecessary filibusters of three highly 
qualified nominees. The Senate has now voted to end the filibusters of 
44 judicial nominees so far during 2014. It is every Senator's right to 
demand continued debate on any measure or nomination before this 
chamber. But I would say to any Senator who requires a cloture vote on 
a qualified, consensus nominee to at least speak about the nominee and 
not to obstruct for obstruction's sake.
  I hope that this partisan fever will break in the near future, and 
that Republicans will stop reducing the Senate's constitutional role of 
advice and consent into a tool of obstruction. These delays should 
stop.
  Mark Mastroianni has been nominated to fill a judicial vacancy on the 
U.S. District Court for the District of Massachusetts. He has served 
since 2011 as district attorney in the Hampden district attorney's 
office and previously worked in private practice. Following law school, 
he served as an assistant district attorney in the Hampden District 
Attorney's Office from 1990 to 1995. Mr. Mastroianni has the support of 
his home State senators, Senator Warren and Senator Markey. The 
Judiciary Committee reported him favorably to the full Senate by voice 
vote on March 6, 2014.
  Judge Bruce Hendricks has been nominated to fill a judicial vacancy 
on the U.S. District Court for the District of South Carolina. She has 
served since 2002 as a U.S. magistrate judge for the

[[Page S3397]]

District of South Carolina. During her judicial service, she presided 
over thousands of criminal and civil cases. She served as an adjunct 
professor at the College of Charleston from 2000 to 2001, teaching 
classes on the structure of the Federal and State court system and 
civil processes and procedures. She previously served as an assistant 
U.S. attorney in the District of South Carolina from 1991 to 2002. 
Judge Hendricks' nomination received the American Bar Association's 
highest rating of ``unanimously well qualified.'' She has the support 
of her home State Republican senators, Senator Graham and Senator 
Scott. The Judiciary Committee reported her favorably with bipartisan 
support to the full Senate by roll call vote of 16-2 on March 6, 2014.
  Tanya Chutkan has been nominated to fill a judicial vacancy on the 
U.S. District Court for the District of Columbia. Tanya Chutkan has 
worked in private practice as a partner at Boies, Schiller & Flexner 
LLP, where she has served as a partner since 2007 and as a counsel from 
2002 to 2006. She previously served as an attorney at The Public 
Defender Service for the District of Columbia from 1991 to 2002. She 
worked in private practice as an associate at Donovan, Leisure, 
Rogovin, Huge & Schiller from 1990 to 1991 and at Hogan & Hartson LLP 
from 1987 to 1990. The Judiciary Committee reported her favorably to 
the full Senate by voice vote on March 27, 2014.
  In addition to the nominees we will vote on today, there are 10 
additional judicial nominees reported by the Judiciary Committee 
pending on the Senate Executive Calendar, including seven nominees who 
were reported unanimously. Six of the 10 judicial nominees that will be 
left pending after today's confirmation votes will fill judicial 
emergency vacancies in the District of Nevada, the Southern District of 
Illinois, and in the Middle and Southern Districts of Florida. I hope 
that the Senate moves quickly to confirm these nominees, and others.
  Mr. REID. Madam President, I ask unanimous consent that the time be 
yielded back.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is, Will the Senate advise and consent to the nomination 
of Mark G. Mastroianni, of Massachusetts, to be United States District 
Judge for the District of Massachusetts?
  Mr. VITTER. Madam 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 assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker) 
and the Senator from Pennsylvania (Mr. Casey) are necessarily absent.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Arkansas (Mr. Boozman), the Senator from Mississippi (Mr. 
Cochran), the Senator from Utah (Mr. Lee), and the Senator fron Kansas 
(Mr. Roberts).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 92, nays 2, as follows:

                      [Rollcall Vote No. 171 Ex.]

                                YEAS--92

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Chambliss
     Coats
     Coburn
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Donnelly
     Durbin
     Enzi
     Feinstein
     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
     Levin
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Portman
     Pryor
     Reed
     Reid
     Risch
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Walsh
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     Cruz
     Paul
      

                             NOT VOTING--6

     Booker
     Boozman
     Casey
     Cochran
     Lee
     Roberts
  The nomination was confirmed.
  The PRESIDING OFFICER. The motions to reconsider will be considered 
made and laid on the table, and the President will be immediately 
notified of the Senate's actions.
  Under the previous order, there will now be 2 minutes of debate 
equally divided in the usual form prior to a vote on the confirmation 
of the Hendricks nomination.
  The Senator from South Carolina.
  Mr. GRAHAM. Senator Scott and I would ask the membership to vote aye 
for Bruce Howe Hendricks. She is a former U.S. magistrate. She is a 
former U.S. attorney from the State of South Carolina. She has received 
numerous awards for a scholarship. She is well respected by both 
Republicans and Democrats. She has a rich judicial background and will 
be a great choice to assume the Federal bench in South Carolina, and 
she was rated unanimously ``well qualified'' by the ABA. I strongly 
support her nomination.
  I yield back the remainder of our time.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. All time is yielded back.
  Is there a sufficient second? There appears to be a sufficient 
second.
  The question is, Will the Senate advise and consent to the nomination 
of Bruce Howe Hendricks, of South Carolina, to be United States 
District Judge for the District of South Carolina?
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker) 
and the Senator from Pennsylvania (Mr. Casey) are necessarily absent.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Arkansas (Mr. Boozman), the Senator from Mississippi (Mr. 
Cochran), and the Senator from Utah (Mr. Lee).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                      [Rollcall Vote No. 172 Ex.]

                                YEAS--95

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Chambliss
     Coats
     Coburn
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein
     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
     Levin
     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--5

     Booker
     Boozman
     Casey
     Cochran
     Lee
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider will be considered made and laid upon the table. The 
President will be immediately notified of the Senate's action.
  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided in the usual form prior to the vote 
on confirmation of the Chutkan nomination.
  Mr. REID. Madam President, I yield back all time.
  The PRESIDING OFFICER. All time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Tanya S. Chutkan, of the District of Columbia, to be United States 
District Judge for the District of Columbia?
  Mr. ISAKSON. Madam President, I request the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will call the roll.

[[Page S3398]]

  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker) 
and the Senator from Pennsylvania (Mr. Casey) are necessarily absent.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Arkansas (Mr. Boozman), the Senator from Mississippi (Mr. 
Cochran), and the Senator from Utah (Mr. Lee).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                      [Rollcall Vote No. 173 Ex.]

                                YEAS--95

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Chambliss
     Coats
     Coburn
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein
     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
     Levin
     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--5

     Booker
     Boozman
     Casey
     Cochran
     Lee
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider will be considered made and laid upon the table. The 
President will be immediately notified of the Senate's action.

                          ____________________