[Congressional Record Volume 160, Number 137 (Wednesday, November 12, 2014)]
[Senate]
[Pages S5948-S5949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                PORTRAIT UNVEILING OF JUDGE JOHN HEYBURN

  Mr. McCONNELL. Mr. President, on October 3 of this year, I had the 
honor of speaking at the portrait unveiling of U.S. District Court 
Judge John G. Heyburn. I ask unanimous consent that my comments at that 
ceremony be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       I first met John Heyburn in 1971. Somehow, we had both 
     found ourselves here in Louisville working for a fledgling 
     gubernatorial candidate named Tom Emberton. It was the first 
     of many attempts by John to derail what was otherwise 
     destined to be a dazzling legal and judicial career with a 
     foray into politics. And I like to think the increasingly 
     frequent television ads many of you have seen for a certain 
     U.S. Senate race have finally confirmed him in the view that 
     between the two of us, he chose the nobler path.
       So you're very welcome for that, John. I assure you, it's 
     been an expensive lesson in career advice.
       Now, I don't remember a whole lot about that governor's 
     race, but I do remember what I was thinking when John and I 
     met--that we were cut from different cloth. He came from a 
     very prominent family here in Louisville. His dad had run for 
     Congress back when I was in college, which I remembered. He 
     attended boarding school up in New England . . . he went to 
     Harvard . . . he golfed. You get the drift . . .
       So what happened next was unexpected, but in retrospect 
     entirely predictable: I liked him. I liked him a lot. And the 
     accuracy of that first impression has been validated again 
     and again in the decades since.
       John Heyburn is just impossible not to like.
       That's the first thing to say about the man we've come here 
     to honor. And I think it needs to be said, because it's 
     certainly not the main reason so many of us made sure to be 
     here today. But it's a big reason so many of us really wanted 
     to be here, and why this is such a happy occasion. John 
     doesn't just inspire confidence and respect. He doesn't just 
     impress with his intellect and erudition. He makes you feel 
     lucky to know him.
       And I think I got a good sense for why that is on that 
     first campaign for Tom Emberton. I mean, here was a brilliant 
     young guy from a distinguished family, fresh out of Harvard, 
     about a head taller than everybody else. The rest of us on 
     the campaign were all basically operating without a license. 
     And yet he just loved it. He brought the same enthusiasm to 
     that race that he brings to everything else, the sense that 
     whatever it is you're doing, he's interested. And as long as 
     you put your whole self into it, it's worth it.
       John's basic approach to life had already been set all 
     those years ago, and I can't think of a better way to 
     describe it than to borrow a phrase from Oliver Wendell 
     Holmes, who once gave the following piece of advice to a 
     group of Boston lawyers: ``Whatsoever thy hand findeth to do, 
     do it with thy might.''
       The language may be a little antiquated, but I think the 
     sentiment captures John perfectly. Because whether it's 
     running a marathon in college, keeping time at one of Will's 
     swim meets, tracking Jack's free-throw percentages in high 
     school, drafting a judicial decision, resolving a dispute 
     among lawyers . . . or facing up to the physical adversities 
     of recent years, John has done it ``with all his might''.
       And that's the second thing to say about John Heyburn.

[[Page S5949]]

       Now, for those of you who may be wondering, Tom Emberton 
     ended up losing his race for governor. But as I indicated, 
     one losing campaign wasn't quite enough to drive John out of 
     politics. A few years later, he helped me win my own first 
     political campaign, as County Judge Executive here in 
     Jefferson County. And once elected, he gave me some very good 
     counsel as a lawyer on my staff.
       In repayment for his services I invited John to join my 
     ticket for a run of his own . . . and then proceeded to run 
     what was hands-down the worst campaign of my life. The 
     defining artifact of the race was a billboard we put up along 
     I-65. It was basically just three disembodied heads on a big 
     neon board. I looked like Howdy Doody. John looked like 
     Hitler. We took it down after a day and a half. And John's 
     hopes for a career in politics were dashed once again . . .
       It would take one more run for a political office to 
     extinguish John's political ambitions, and to show him where 
     his greatest talents lay. One of his recent judicial 
     decisions led him to make an unexpected cameo in this year's 
     Senate primary. But aside from that, he's been pretty quiet. 
     For the past 22 years, John Heyburn has put all his might 
     into this courtroom. And his impact has been enormous.
       The truth is, John's such a friendly presence, it's easy to 
     forget what a penetrating intellect he has or what an 
     influential jurist he's been. But his skills and his focus as 
     a judge are by now legendary.
       As Chair of the Judicial Panel on Multi-District 
     Litigation, he's interacted with some of the best lawyers in 
     the country. It's one of the main reasons he enjoys the job. 
     It's a welcome duty for him, yes, and a testament to his very 
     laudable commitment to public service. But mostly, I think, 
     it's just a great opportunity for John to put his mind to 
     work and to engage other legal minds on a very high level.
       In more than two decades as a judge for the Western 
     District, John has also untangled countless legal knots and 
     delivered far-reaching opinions on some mind-numbingly 
     complex and important cases. And that's to say nothing of the 
     countless settlement conferences, which require a subtle 
     genius of their own.
       Others can speak more intelligently about the ins and outs 
     of specific cases and the day-to-day demands of a judge. John 
     has clearly excelled at both. But I think one of the far 
     less-appreciated contributions he's made in his many years 
     here has been his strong, positive influence on the culture 
     of the place.
       So let me just say that as someone who's played an active 
     role in nominations to the court over the years, it's very 
     gratifying to hear about the deep camaraderie and mutual 
     respect that the district court judges in the commonwealth, 
     and particularly in this district, enjoy. And of their 
     reputation for excellence.
       I think there's no question that no one is more responsible 
     for that than John. And I'm grateful.
       One veteran of the Kentucky bar summed it up like this: 
     ``It is a privilege,'' he said, ``to practice law in Kentucky 
     federal courts. The judges are fair, they're even-handed. 
     They follow the statutes . . . they follow precedent . . . 
     but they're [also] independent and they're really fine human 
     beings.''
       I've heard of young lawyers dreading their first day in 
     court but leaving here encouraged and energized not just 
     because they made it through, but because Judge Heyburn was 
     so kind and generous to them.
       Experienced court-watchers say he's tougher on the lawyers 
     he knows than on the ones he doesn't. And as for John's 
     clerks, well, some speak of their time here as nothing short 
     of a revelation. It's the dignified but humane way he 
     conducts his chambers. It's the methodical way he decides a 
     case. But it's also just the sheer joy he brings to his work 
     on the bench, or to talking politics over a sandwich at the 
     City Cafe, or even to teaching a high school civics class 
     with his clerks.
       I'm told that on some of these field trips, by the way, 
     John actually has his clerks act out the characters in famous 
     court cases. It's not exactly something law school prepares 
     you for. But they seem to enjoy it. At least they pretend to.
       The larger point is this: in a field that isn't exactly 
     known for excitement, John has always found a way to make the 
     law interesting. His enthusiasm is contagious. And that's 
     been one of his great gifts to the profession, and to 
     everyone whose lives intersect with the work of this court.
       One of John's former clerks put it like this. He said that 
     after law school he was totally burned out, and not really 
     looking forward to the career ahead of him. Then he met Judge 
     Heyburn.
       ``Judge Heyburn,'' he said, ``he just made me fall in love 
     with the law.''
       That's why John attracts some of the best and the 
     brightest. It's why his clerks love him.
       He brings the law to life. He looks beyond the facts at 
     hand and forces his clerks to ask ``Why.'' He takes an 
     interest in their lives long after they leave here. And he 
     also gives them something else. He gives them a model for how 
     to do their jobs well without forgetting that their first and 
     most important job is at home.
       And that's the third thing I would like to say about John 
     Heyburn. He's a scholar. He's a giant on the bench. He's a 
     good friend to his friends. He's a lot of fun. But he is a 
     husband and a father first.
       Ask his clerks what they remember about his chambers and 
     they're just as likely to remember all the photos of Martha 
     and Will and Jack as the wood paneling. Ask Martha about 
     their marriage and she'll tell you they have as much fun 
     together today as they did the day they met. Ask the boys 
     what they remember, and they'll tell you something about 
     their dad that a lot of other kids wish they could.
       They'll say: ``My dad was never MIA.''
       Now, for the past year or so, young Jack has had the great 
     misfortune of being one of the very first people that I see 
     in the morning when I'm up in Washington. I'm sure he doesn't 
     look forward to that. But to me it's a great comfort. Not 
     just because I like him too, but because whenever I see Jack 
     I see Martha and John.
       It reminds me of home. It reminds me of good times past. 
     And it makes me hopeful about the future. Because these are 
     really good people. They're both impressive in their own 
     right.
       And they really care about others.
       So I'm delighted to be here to honor the judge on this 
     happy occasion.
       John Heyburn finally found his calling. And to the surprise 
     of absolutely no one, he has lived it out with all his might. 
     He has earned the respect of his peers and the gratitude of 
     many clerks. He is greatly admired. And as the impressive 
     crowd that's gathered here attests, he is very deeply loved.
       Congratulations, old friend.

                          ____________________