[Congressional Record Volume 161, Number 128 (Tuesday, September 8, 2015)]
[Senate]
[Pages S6455-S6457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF ROSEANN A. KETCHMARK TO BE UNITED STATES DISTRICT JUDGE
FOR THE WESTERN DISTRICT OF MISSOURI
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to executive session to consider the following nomination,
which the clerk will report.
The senior assistant legislative clerk read the nomination of Roseann
A. Ketchmark, of Missouri, to be United States District Judge for the
Western District of Missouri.
The PRESIDING OFFICER. Under the previous order, there will now be 30
[[Page S6456]]
minutes of debate equally divided in the usual form.
The Senator from Missouri.
Mr. BLUNT. Madam President, I ask unanimous consent that the time
during the quorum call be equally divided.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BLUNT. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. LEAHY. Madam 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for the quorum call be rescinded.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. Madam President, today we are going to vote on the
nomination of Roseann Ketchmark. She has been nominated to be a Federal
district judge in the Western District of Missouri. Now, this is only
the sixth judicial nominee that we have voted on since the Senate
Republicans took over the majority 8 months ago, so less than 1 a
month. In fact, if we continue at this rate the Republican majority has
established, the Senate this year will confirm the fewest number of
judges in more than a half century--resulting in a judicial vacancy
crisis. I am concerned because the Senate Republican leadership has
refused to schedule timely confirmation votes for consensus judicial
nominees which, I think, demonstrates an astounding neglect of the
needs of our independent third branch, which borders on contempt.
I am proud to be a lawyer. I have practiced both in the criminal and
civil bars and served as a prosecutor. I have appeared before many
different courts. I look at the men and women who have been on our
courts, and I say: Here is an example of the way the judicial system
should be--something every country in the world wants to emulate. But
now, we are treating that third branch almost with contempt--with
partisan contempt--and that is going to hurt the whole of the Federal
judiciary.
When Senate Democrats were in the majority, we worked hard to reduce
the number of judicial vacancies to just 43--the lowest level since
this President took office. This was accomplished through the
unyielding efforts of then-Majority Leader Reid and Senate Democrats,
who prioritized filling judicial vacancies so that our independent
judiciary would be sufficiently staffed. Our success in reducing the
number of judicial vacancies to such a level in 2014 was remarkable,
given that we had begun the year with over 90 vacancies and the fact
that Senate Republicans filibustered every single judicial nominee.
Throughout President Obama's tenure, we have seen Senate Republicans
consistently prioritize partisan politics over the Senate's
constitutional duty of advice and consent. Their relentless obstruction
over the last 6 years has resulted in an unacceptable number of
vacancies--often hovering close to or exceeding 90. By the end of last
year, the Senate made progress in reducing judicial vacancies to 43,
but now we are seeing those gains reversed due to the Republicans'
refusal to even schedule confirmation votes this year. In the 8 months
since Republicans have been in the majority, judicial vacancies have
increased by more than 50 percent. If Republicans keep on this
dangerous course, we are heading to a judicial vacancy crisis. This is
made worse by the fact that the number of Federal court vacancies
deemed to be ``judicial emergencies'' by the non-partisan
Administrative Office of the U.S. Courts has increased by 158 percent
since the beginning of the year. There are now 31 judicial emergency
vacancies that are affecting communities across the country.
I am going to show a couple of things. Republicans campaigned last
year on the promise they would govern responsibly if they won the
majority, but instead they have created divisive issues that play
openly to their political base. One needs to look no further than the
recent show vote to defund critical health services for women.
I was in Vermont all last month. Everywhere I went--especially rural
Vermont, where it is so difficult and so essential to get health care
to women--they are asking: Why do the Republicans want to cut off the
health care for women in rural parts of our country? Rather than
spending 2 days in an unnecessary political exercise, the Senate should
have voted to confirm the many judicial nominees pending on the
calendar. In fact, rather than pushing bills to strip funding from
local law enforcement for obeying the rules on immigration enforcement,
we should be confirming judges to ensure our entire criminal justice
system works for everyone.
Let's give one example. The last 2 years of President Bush's tenure
in office, the Democrats controlled the Senate. By this time, we had
confirmed 26 of his judges. Now, with exactly the same situation, with
Republicans controlling, they have only allowed five judges. What we
did as Democrats for President Bush, we put through five times as many
judges as Republicans have for President Obama. What you are seeing
actually is we are going to politicize the Federal courts.
Supporting and strengthening our Federal judiciary is not a
Democratic or Republican priority; it is a fundamental and
constitutional duty of the Senate that we all must share. In fact, the
Senate Republican leadership's decision to shirk this body's
constitutional duty of advice is doing the most harm to States with at
least one Republican Senator. Of the 67 current vacancies that exist,
48 of them--or more than 70 percent--are in States with at least one
Republican Senator. Texas, for example, has nine judicial vacancies.
Seven of those nine are considered judicial emergencies. Incredibly,
one of those district court positions has been vacant for over 4 years.
A Fifth Circuit position in Texas has been vacant for more than 3
years. Pennsylvania and Alabama face similar crises. They have six and
five current vacancies, respectively. Federal courts in several other
States are grappling with extended vacancies. They desperately need to
be filled.
The length of time that some of these vacancies have remained
unfilled is staggering. In Texas, none of these vacancies currently
have nominees because the Texas Senators have been slow in providing
recommendations to the President. A similar pattern can be seen with
the Alabama vacancies, where two of the positions have been vacant for
over 2 years, and another has remained vacant for over 1\1/2\ years.
In Pennsylvania, there are six current vacancies and five nominees
pending. Senate Republicans should be trying to move these nominees as
expeditiously as possible. Of great concern is the treatment of Judge
Luis Felipe Restrepo, who will fill an emergency vacancy on the U.S.
Court of Appeals for the Third Circuit. Judge Restrepo was unanimously
confirmed 2 years ago by the Senate to serve as a district court judge
in Pennyslvania. I have heard no objection to his nomination, yet it
took 7 months just to get him a hearing in the Judiciary Committee.
Judge Restrepo has strong bipartisan support from both Pennsylvania
Senators, and he was voted out of the Judiciary Committee unanimously
by voice vote. Once confirmed, Judge Restrepo will become the first
Hispanic judge from Pennsylvania to serve on this court and only the
second Hispanic judge ever to serve on the Third Circuit. No Senate
Democrat opposes a vote on his nomination. Senate Republicans are the
only thing holding up his nomination. I hope the Republican Senator
from Pennsylvania will implore his leadership to bring this highly
qualified nominee up for a vote. The continued delay of Judge Restrepo
is a poor reflection on this body.
In the Western District of New York, located in Buffalo, there is not
a single active Federal district judge, even though it has one of the
busiest caseloads in the country. And there are more criminal cases
than in Washington, DC, Boston, Cleveland, and they don't have a single
active judge because Republicans will not allow a vote, up or down,
even though they have the majority. If you don't like the judge, you
vote them down. They will not even allow a vote. I should note that the
highly qualified nominee to serve in Buffalo was voted unanimously out
of the Judiciary Committee. They will not allow them to have a vote on
the Senate floor.
Look at this, how we brought vacancies down when we controlled the
Senate, and now look at how they shoot up when the Republicans control
the Senate. It makes no sense at all. In fact, as
[[Page S6457]]
I said earlier, the Republican-controlled Senate allowed confirmation
votes on just five judges--one, two, three, four, five. They have taken
vacations, recesses, long weekends, and leave early--but we don't have
time to vote on judges, which are normally unanimous votes anyway.
We are going to vote on the sixth today. Whoop-de-i-ay. Good for us.
My goodness gracious. It hasn't been this way before. As I said, when I
was chairman of the Senate Judiciary Committee, in the last 2 years of
President Bush's term, I had put through 26 judges by now. The
Republicans have only allowed five judges. This kind of partisanship is
really wrong. In fact, it is on pace to be the lowest in recent
history.
President Eisenhower had 47 judges confirmed in his last 2 years in
office; President Reagan had 85 judges confirmed his last 2 years in
office; President Clinton had 73 judges confirmed his last 2 years in
office; and President George W. Bush had 68 judges confirmed his last 2
years in office. This is a clear double standard that is being applied
to President Obama's nominees.
Republicans can provide some real leadership if the majority leader
would go ahead and allow for a vote on all 14 of the judicial nominees
pending on the Executive Calendar. All of these nominees have
bipartisan support and were voted out of the Judiciary Committee by
voice vote. Five of them would fill judicial emergency vacancies,
including Judge Restrepo of Pennsylvania. Others would fill judicial
emergencies in California, New York, and Tennessee. And the five
nominees to the U.S. Court of Federal Claims have now been pending
before the full Senate for a year or more.
Today we are voting on the nomination of Roseann Ketchmark to fill a
judicial vacancy in the Federal district court in the Western District
of Missouri. She has spent her entire 25-year legal career as a
prosecutor on both the State and Federal levels. Since 2001, Ms.
Ketchmark has served as an Assistant U.S. Attorney with the U.S.
Attorney's Office for the Western District of Missouri. During her time
in the U.S. Attorney's Office, Ms. Ketchmark has served in supervisory
and management capacities as both the First Assistant U.S. Attorney and
as the Executive Assistant Attorney. She began her legal career as an
Assistant Prosecutor in Kansas City, MO, at the Jackson County
Prosecutor's Office, and subsequently joined the Platte County
Prosecutor's Office in Platte City, MO, as a First Assistant
Prosecutor. Ms. Ketchmark has the bipartisan support of her two home
State Senators, Senator McCaskill and Senator Blunt. She was voted out
of the Judiciary Committee by voice vote more than 4 months ago. She
has a strong background as a criminal prosecutor and I will support her
nomination.
The majority leader has spoken recently about his desire to avoid
another Republican-led government shutdown. I agree, the American
people deserve something better than obstructionist shutdowns. While
the focus has been on the threat of Republicans shutting down the
government over women's health services, the Senate Republicans have
virtually shut down the judicial confirmation process. It is harming
our justice system in the short and long term.
I have spoken to a number of Republican Senators who realize this is
wrong. These are the same Senators who came to me at the time of
President Bush and asked: Can you move these judges, even though you
are in charge? And I said, of course, we will. Some have come
sheepishly and said: We are sorry we didn't return the favor. What I
say is reverse course; I urge Senate Republicans to reverse course and
realize the short-term partisan decisions are undermining the ability
of the judicial system to serve our communities.
Tonight's vote to confirm a district court nominee from Missouri is
long overdue. I urge the Senate Republican leadership to schedule votes
for the remaining 13 consensus judicial nominees on the Executive
Calendar. They could all be done tomorrow morning in half an hour's
time.
I have been in the Senate longer than any Member of this body. I have
been here in the majority and the minority, numerous times in both. I
have been here with Republican Presidents and Democratic Presidents,
with the Republican leaders----
The PRESIDING OFFICER. The Senator's time has expired.
Mr. LEAHY. I see nobody else seeking recognition. I ask unanimous
consent for another 3 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. I have been here with both Republican and Democratic
leadership of this body, Republican and Democratic Presidents. I have
never, in 41 years, seen the Federal judiciary treated in such a
cavalier, mean-spirited and, I would say, irresponsible fashion. I know
most Senators want to do the right thing. Let's start doing it. This
Third Branch of government should be treated with respect. If you have
a person who is not competent who is nominated, then vote them down,
but if they are competent, let's have a vote on it. Let's not have
this.
You are not going to find good men and women to agree to serve on the
Federal bench if they think they are going to be delayed for partisan
reasons for a year or more at a time. We can do better. We are all
proud of our Federal judiciary. It is the best in the world, but this
kind of partisanship could turn it into one of the worst in the world.
This Senator does not want to see that happen.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. AYOTTE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Gardner). Without objection, it is so
ordered.
Under the previous order, the question is, Will the Senate advise and
consent to the nomination of Roseann A. Ketchmark, of Missouri, to be
United States District Judge for the Western District of Missouri?
Ms. AYOTTE. Mr. President, I ask for 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.
The legislative clerk called the roll.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from Texas (Mr. Cruz) and the Senator from Florida (Mr. Rubio).
Mr. DURBIN. I announce that the Senator from Massachusetts (Mr.
Markey) and the Senator from New Mexico (Mr. Udall) are necessarily
absent.
The PRESIDING OFFICER (Mr. Daines). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 96, nays 0, as follows:
[Rollcall Vote No. 263 Ex.]
YEAS--96
Alexander
Ayotte
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Boxer
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cotton
Crapo
Daines
Donnelly
Durbin
Enzi
Ernst
Feinstein
Fischer
Flake
Franken
Gardner
Gillibrand
Graham
Grassley
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johnson
Kaine
King
Kirk
Klobuchar
Lankford
Leahy
Lee
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Perdue
Peters
Portman
Reed
Reid
Risch
Roberts
Rounds
Sanders
Sasse
Schatz
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Vitter
Warner
Warren
Whitehouse
Wicker
Wyden
NOT VOTING--4
Cruz
Markey
Rubio
Udall
The nomination was confirmed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table, and the
President will be immediately notified of the Senate's action.
____________________