Congressional Record, Volume 160 Issue 86 (Wednesday, June 4, 2014)

[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

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

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

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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

NOT VOTING--5

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