[Congressional Record Volume 161, Number 141 (Tuesday, September 29, 2015)]
[Senate]
[Pages S6999-S7001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Mr. President, this month, the Senate passed a resolution 
recognizing Hispanic Heritage Month and celebrating Hispanic Americans 
as dedicated public servants in the highest levels of government. These 
great Americans include a Supreme Court Justice, 3 U.S. Senators, 34 
members of the House of Representatives, and 3 members of the 
President's Cabinet. I commend the U.S. Senate for passing this 
resolution celebrating Hispanic heritage, but we should be doing much 
more than approving a resolution. We should be working on a bipartisan 
basis to pass comprehensive immigration reform, as the Senate did last 
Congress under a Democratic majority. At the same time, the Senate 
should immediately confirm the several judicial nominees supported by 
the nonpartisan Hispanic National Bar Association.
  There are three outstanding Hispanic judicial nominees that are 
currently pending on the Senate's Executive Calendar: Luis Felipe 
Restrepo, nominated to a judicial emergency vacancy in the Third 
Circuit; Armando Bonilla, nominated to a judicial vacancy in the Court 
of Federal Claims; and John Michael Vazquez, nominated to a judicial 
emergency vacancy in the district of New Jersey. A fourth, Dax Lopez, 
has been nominated to a judicial vacancy in the Northern District of 
Georgia, and is still awaiting a hearing in the Judiciary Committee.
  These dedicated public servants are eager to serve, but they have 
been blocked by the Republican leadership's virtual shutdown of the 
judicial confirmation process since they took over the majority in 
January. More than 8 months into this new Congress, the Republican 
leadership has allowed just six votes for judges. At this rate, the 
Senate this year will confirm the fewest number of judges in more than 
a half century. Luis Felipe Restrepo, Armando Bonilla, John Michael 
Vazquez, and Dax Lopez all deserve an up or down vote by this Senate.
  Judge Restrepo was nominated last year to fill an emergency vacancy 
on the U.S. Court of Appeals for the Third Circuit in Pennsylvania. If 
confirmed, Judge Restrepo would be the first Hispanic judge from 
Pennsylvania to ever serve on this appellate court and only the second 
Hispanic judge to serve on the Third Circuit. He was unanimously 
confirmed 2 years ago by the Senate to serve as a district court judge. 
During his tenure as both a Federal district court judge and as a 
Federal magistrate judge, he has presided over 56 trials that have gone 
to verdict or judgment. He is superbly qualified, and I have heard no 
objection to his nomination. Despite his outstanding credentials and 
experience, it took the Republican majority 7 months just to schedule a 
hearing in the Judiciary Committee for this qualified nominee.
  Judge Restrepo has bipartisan support from both Pennsylvania Senators 
and was voted out of the Judiciary Committee unanimously by voice vote. 
He has the strong endorsement of the nonpartisan Hispanic National Bar 
Association. At his confirmation hearing in June, Senator Toomey stated 
that ``there is no question Judge Restrepo is a very well-qualified 
candidate to serve on the Third Circuit.'' Senator Toomey described 
Judge Restrepo's life story as ``an American dream'' and recounted how 
Judge Restrepo came to the United States from Colombia and rose to the 
top of his profession by ``virtue of his hard work, his intellect, his 
integrity.'' I could not agree more.
  Given his remarkable credentials, wealth of experience, and strong 
bipartisan support, the Senate should have confirmed Judge Restrepo 
months ago. Instead, for 10 months since his nomination back in 
November 2014, he has been denied a vote on his confirmation. No Senate 
Democrat opposes a vote on his nomination. He is being denied a 
confirmation vote by Senate Republican leadership. No one doubts that 
he

[[Page S7000]]

will be confirmed once Majority Leader McConnell schedules his vote. I 
have heard Senator Toomey indicate his strong support and that he would 
like to see Judge Restrepo receive a vote, but I have yet to see him 
ask for a firm commitment on a vote. The people of Pennsylvania are no 
doubt wondering when this longstanding and emergency vacancy on their 
appeals court will be filled.
  Another outstanding public servant is Armando Bonilla, who was first 
nominated to serve on the U.S. Court of Federal Claims back in May 
2014. If confirmed, Mr. Bonilla would be the first Hispanic judge to 
hold a seat on that court. He is strongly endorsed by the Hispanic 
National Bar Association. He has spent his entire career, now spanning 
over two decades, as an attorney for the Department of Justice. He was 
hired out of law school into the Department's prestigious Honors 
Program and has risen to become an associate deputy attorney general in 
the Department.
  Armando Bonilla's background is also one that reminds us of the 
American dream. The son of a Cuban immigrant and Cuban American father, 
Mr. Bonilla has told the story of his mother's flight from Havana with 
his aunt and his grandmother. He has told the story of his uncle, ``Tio 
Mario,'' who eventually disappeared trying to help other exiles. And he 
has told the story of his father, who dropped out of high school, but 
served our country by joining the Marines and took on several jobs to 
support Armando and his sister. As Mr. Bonilla has beautifully 
described, his father ``exemplified the most outstanding qualities of 
the Hispanic culture and Hispanic people: the selfless sacrifice, the 
steely resolve, and unbridled optimism and the genuine pride in an 
honest day's work--all toward the cause of improving the lives of the 
next generation.'' Mr. Bonilla should be confirmed without further 
delay.
  The U.S. Court of Federal Claims has been operating with several 
vacancies since February 2013. Only 11 of the 16 seats on the court are 
occupied by active judges. We could have a court working at full 
strength if we confirmed Mr. Bonilla and the other four nominees 
pending on the Senate Executive Calendar. All five of them were 
nominated more than a year ago and have twice been voted out of the 
Judiciary Committee by unanimous voice vote. There is no good reason to 
delay an up-or-down vote for these uncontroversial nominees.
  John Michael Vazquez was nominated to a judicial emergency vacancy in 
the district of New Jersey in March. He has been a public servant for 
both the Office of the Attorney General for the State of New Jersey and 
as a Federal prosecutor in the U.S. attorney's office in the District 
of New Jersey. During his tenure in the U.S. attorney's office, Mr. 
Vazquez handled a wide array of Federal investigations and prosecutions 
while serving in the general crimes unit, the major narcotics unit, the 
terrorism unit, and the securities and health care fraud unit.
  The ABA Standing Committee on the Federal Judiciary unanimously rated 
Mr. Vazquez ``Well Qualified'' to serve as a district judge, its 
highest rating. He also has the support of his two home State Senators, 
Senators Menendez and Booker. He was voted out of the Judiciary 
Committee by voice vote. There is no reason why Mr. Vazquez, along with 
Judge Restrepo and Mr. Bonilla, should not be confirmed today. Each of 
the outstanding Hispanic judicial nominees pending on the floor will be 
confirmed overwhelmingly if Majority Leader McConnell will simply 
schedule a confirmation vote.
  Over the past 7 years, the Senate has acted to confirm some 
outstanding Hispanic American judicial nominees. President Obama 
nominated the first Latina to serve on the U.S. Supreme Court, as well 
as the first Latino circuit judges in three circuits: Alberto Diaz on 
the fourth circuit, Adalberto Jordan on the 11th circuit, and Jimmie 
Reyna on the Federal Circuit; and has already appointed 35 Hispanic 
Americans to serve on the Federal bench, more than any other president 
in history. But this record does not mean that the Senate should shut 
down any further confirmations as some in the majority may desire. The 
Senate has an obligation to vote on judicial nominees in regular order 
and to consider them fairly based on their individual merit.
  A recent report from The Brookings Institution dated September 18, 
2015, confirms that the Republican obstruction on judicial nominees is 
unprecedented in recent history. It states: ``Senate Republicans' 
aggressive slowdown in judicial confirmations so far in 2015 . . . are 
contrary to the confirmation records in the final two years of the 
other two-term presidencies since 1961--Ronald Reagan, William Clinton, 
and George W. Bush.'' And a recent report by the Alliance for Justice, 
dated September 17, 2015, notes that ``the burgeoning vacancies are the 
result of playing politics with judicial selection. And the victims are 
the people and businesses who cannot access courts to seek justice and 
the judges who must shoulder the burden of increased caseloads and 
fewer resources.''
  I urge all Senators to read these reports as well as a recent story 
in the Associated Press that highlights the real consequences of Senate 
Republicans' judicial blockade. The story highlights a case brought by 
Latino migrant farmworkers for wage theft in Federal district court in 
eastern California. I ask unanimous consent that the Associated Press 
article be printed in the Record. The workers have waited more than 3 
years to learn whether they can proceed with their claim. As years go 
by, the workers' attorney worries that her clients will have moved and 
be impossible to reach if and when she is able to recover their stolen 
wages. This is another heartbreaking example that justice delayed is 
effectively justice denied. The Senate, however, can act right now to 
alleviate the considerable backlog of cases in the Eastern District of 
California by confirming the noncontroversial pending nominee for this 
court, Federal Magistrate Judge Dale Drozd. Judge Drozd was voice voted 
out of the Judiciary Committee in June, and there is no reason why we 
cannot vote today on his confirmation.
  The Republican leadership's virtual shutdown of judicial 
confirmations has only served to undermine the judicial branch and harm 
the American people. I urge Senate Republicans to change course and 
lead responsibly. The Senate should immediately turn to the 
confirmation vote of Judge Luis Felipe Restrepo and then schedule 
confirmation votes for the other 15 judicial nominees, including Mr. 
Bonilla and Mr. Vazquez, without further delay.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              [From the Associated Press, Sept. 27, 2015]

          Wheels of Justice Slow at Overloaded Federal Courts

                         (By Sudhin Thanawala)

       SAN FRANCISCO (AP)--Attorney Martha Gomez has been waiting 
     more than three years to hear from a federal court whether a 
     group of farm workers in California's Central Valley can 
     proceed with their lawsuit alleging wage theft.
       The case in California's Eastern District could result in 
     payouts for thousands of migrant workers, but each passing 
     day raises the possibility that they will have moved on and 
     be impossible to track down, Gomez said.
       ``Everybody is in limbo, and it's hard to explain that,'' 
     she said.
       Across the country, federal district courts have seen a 
     rise in recent years in the time it takes to get civil cases 
     to trial and resolve felony criminal cases as judges' 
     workloads have increased, according to statistics from the 
     Administrative Office of the U.S. Courts.
       The problem is particularly acute in some federal courts 
     such as California's and Texas's Eastern Districts. Judges 
     there have workloads about twice the national average and say 
     they are struggling to keep up.
       The result, the judges and attorneys say, is longer wait 
     times in prison for defendants awaiting trial, higher costs 
     for civil lawsuits and delays that can render those suits 
     moot.
       ``I think it's fair to say that things are quite bad,'' 
     said Matt Menendez, a lawyer with the Brennan Center for 
     Justice at New York University School of Law who has studied 
     judicial caseloads.
       Legal scholars say Congress needs to fill judicial 
     vacancies more quickly but also increase the number of judges 
     in some districts--both issues that get bogged down in 
     partisan political fights over judicial nominees.
       California's Eastern District, which covers a large swath 
     of the state that includes Sacramento and Fresno, has had an 
     unfilled judicial vacancy for nearly three years, and it has 
     the same number of judicial positions--six--it had in 1978, 
     according to the Administrative Office of the U.S. Courts.
       The Judicial Conference of the United States, the national 
     policy-making body for

[[Page S7001]]

     the federal courts, has recommended Congress double the 
     number of judicial positions in the district.
       In the late 1990s, the median time for civil cases to go to 
     trial in the district averaged 2 years and four months. From 
     2009 to 2014, that number jumped by more than a year. The 
     median time to resolve criminal cases nearly doubled to an 
     average of 13 months.
       ``You're never out from under it,'' said Morrison England, 
     the court's chief judge. ``You're constantly trying to do 
     what you can to get these cases resolved, and we just can't 
     do it.''
       The weighted caseload per judge has climbed from an average 
     of nearly 600 in the late 1990s to over a 1,000.
       The Eastern District of Texas has seen similar increases.
       ``The way one older judge put it to me: 'If you have too 
     many cases, you start to lose the time to think about 
     them,''' said Ron Clark, the court's chief judge.
       The vacancy in California's Eastern District is in Fresno, 
     which is down to just one full-time district court judge.
       Attorneys say they are reluctant to file cases in the 
     Fresno court because of delays and have faced additional 
     expenses from having to drive to Sacramento when their case 
     gets assigned to a judge there who has been called in to 
     help.
       Gomez's April 2012 lawsuit was filed in Fresno and alleges 
     that Castlerock Farming and Transport forced the workers--
     grape harvesters--to work off the clock and did not provide 
     them with proper rest breaks.
       Jim Hanlon, an attorney for Castlerock, said he does not 
     comment on pending cases. The company says in court documents 
     it did not directly employ the workers and has already 
     defended their claims in a separate lawsuit.
       Anthony Raimondo, an attorney for another defendant in the 
     case, said at least some of the time it's taken to resolve 
     the lawsuit can be attributed to its complexity.
       The case lists multiple defendants and alleged labor code 
     violations and seeks class action status on behalf of as many 
     as several thousand employees. Early on, the judge overseeing 
     the case, Senior U.S. District Judge Anthony Ishii, put it on 
     hold pending a class certification ruling in a related case.
       But Raimando and Gomez say there have been delays that 
     appear to have no explanation other than a backlogged court. 
     Castlerock, for example, filed a motion to dismiss the 
     lawsuit last September that the judge has yet to rule on.
       A woman who answered the phone in Ishii's chambers said he 
     would be away until the end of September and unavailable for 
     comment.
       Lawrence O'Neill, the one full-time district court judge in 
     Fresno, said he could not comment on any pending case. But he 
     said the court's caseload has made it difficult to get trial 
     dates for civil cases.
       He pointed to two cases on his docket--one alleging 
     excessive force by police and the other race and sex 
     discrimination by an employer--that were filed in 2013, but 
     won't go to trial until 2017.
       ``We can slow things down because we simply can't work any 
     harder or faster,'' he said. ``But the real important effect 
     of that is people who need our help to move their lives 
     forward are delayed.''

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