[Congressional Record Volume 163, Number 177 (Wednesday, November 1, 2017)]
[Senate]
[Pages S6945-S6947]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  The PRESIDING OFFICER. The clerk will report the nomination.
  The senior assistant legislative clerk read the nomination of Allison 
H. Eid, of Colorado, to be United States Circuit Judge for the Tenth 
Circuit.
  The PRESIDING OFFICER. The Senator from Colorado.
  Mr. GARDNER. Mr. President, I rise today to add my voice and my 
strong support for the confirmation of Colorado Supreme Court Justice 
Allison Eid as the next U.S. court of appeals judge for the Tenth 
Circuit Court, which, of course, is housed in Denver, CO.
  There is no doubt that Justice Eid is superbly qualified for this 
position. For the past decade, she has served Colorado as a justice on 
the supreme court. In 2008, Justice Eid was overwhelmingly retained by 
the people of Colorado. We have a system where every decade the voters 
of Colorado vote to retain or dismiss a judge, and every time that has 
come before the people of Colorado, she has been overwhelmingly 
retained by the people of Colorado.
  Prior to her appointment, Justice Eid represented the State of 
Colorado before the State federal courts as our State solicitor 
general. She served as a tenured member of the faculty at the 
University of Colorado Law School, where she taught courses in 
constitutional law, legislation, torts, and she has published scholarly 
articles on topics such as constitutional federalism and tort law, in 
addition to being a clerk on the Supreme Court. She also practiced 
commercial and appellate litigation at the Denver office of the 
national law firm Arnold and Porter.
  She began her legal career as a clerk to Judge Jerry E. Smith on the 
U.S. Court of Appeals for the Fifth Circuit. Her law experience took 
her to the U.S. Supreme Court under Clarence Thomas. Prior to attending 
law school, Justice Eid was a special assistant and speechwriter for 
the U.S. Secretary of Education, Bill Bennett. She received her law 
degree from the University of Chicago Law School, where she was the 
articles editor of the Law Review. She graduated with high honors and 
as a member of the Order of the Coif. She received her degree in 
American studies from Stanford University, graduating with distinction 
as a member of Phi Beta Kappa.
  What her resume clearly shows is that whatever Justice Eid does, she 
does it at the highest level, with the best results. She has 
specialized knowledge of federalism, water law, and Indian law, among 
other important areas of the law. Indeed, the National Native American 
Bar Association has even noted that she has ``significantly more 
experience with Indian law cases than any other recent Circuit Court 
nominee.''
  We have had some pretty doggone good circuit court nominees in the 
past, including Justice Neil Gorsuch, whose seat she will be filling on 
the Tenth Circuit Court. These are concepts that are critical to my 
home State of Colorado, and her expertise will prove to be invaluable 
to the Tenth Circuit Court, as well as to the Nation and the people of 
this country.
  But as impressive as her credentials are, it is her demeanor and her 
approach to the law that make her ideally suited for the court. Justice 
Eid has been called a ``mainstream, commonsense Westerner.'' She is 
also, as her former law clerks have noted, ``fiercely independent,'' 
and she will decide cases ``as she believes the law requires.'' At the 
same time, she seeks out different viewpoints and wants to understand 
all sides of the issue she addresses.
  That is the law professor I know from my days at the University of 
Colorado School of Law. I can say from that experience that while 
Justice Eid has her perspectives on the law, she cares very deeply 
about robust debate and hearing the views of others. And I know from my 
classmates who had Justice Eid as their professor--those classmates 
didn't always agree with her perspectives, but Justice Eid was open to 
their debate and hearing their views. She engaged them, and she was 
never biased against differing perspectives but always applying the law 
as the law required, not as opinions suited.
  I also know that ``fiercely independent'' jurist whom her former 
clerks spoke so highly of. Justice Eid will follow the law regardless 
of the popular wind, regardless of personal opinion. Whether 
considering the plain meaning of a statute, discerning the proper role 
of the courts, the legislative branch, or the executive and its 
agencies, or evaluating the relationships between the Federal 
Government and the States, Justice Eid will side with what the law 
says, and she will do it in that commonsense, western way that clearly 
and articulately tells the American people what the law is.
  I am privileged to know Justice Eid. I have known her for a number of 
years now from my days as a student at the University of Colorado 
School of Law and through her work in the State of Colorado at the time 
that I served in the State legislature. She is an incredible human 
being with a delightful demeanor that will suit the court well.
  Mr. President, I ask unanimous consent to have printed in the Record 
several letters in support of Justice Eid's nomination: a letter to 
Chairman Grassley and Ranking Member Feinstein from former law clerks 
of Justice Eid's, as well as a letter from various supporters in 
Colorado and one letter from the Southern Ute Indian Tribe.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    July 13, 2017.
       Dear Chairman Grassley and Ranking Member Feinstein: We are 
     all of Justice Eid's former law clerks (except those 
     currently clerking for a federal judge and not permitted to 
     sign) since she began her tenure on the Colorado Supreme 
     Court in 2006, and we write to give our fullest support to 
     her nomination to be a judge on the United States Court of 
     Appeals for the Tenth Circuit. We come from a diverse set of 
     geographic, economic, cultural, and political backgrounds, 
     yet we are united in our belief that Justice Eid is a jurist 
     and a person of the highest caliber and character. We have 
     each learned so much from her.
       Justice Eid was raised by a single mother in Spokane, 
     Washington under challenging circumstances, after her father 
     abandoned her family. Justice Eid began college at the 
     University of Idaho, but with the support and encouragement 
     of her mother and a professor there, Justice Eid transferred 
     to Stanford University where she graduated with distinction 
     and was a member of the Phi Beta Kappa honor society. After 
     Stanford, she served as a speechwriter to President Ronald 
     Reagan's Secretary of Education, William Bennett, and then 
     went on to attend the University of Chicago Law School, where 
     she served as Articles Editor on the Law Review, graduated 
     with High Honors, and was elected Order of the Coif. Justice 
     Eid began her legal career as a law clerk for Judge Jerry 
     Smith on the United States Court of Appeals for the Fifth 
     Circuit. She then served as a law clerk to Justice Clarence 
     Thomas on the United States Supreme Court.
       In private practice at Arnold and Porter following her 
     clerkships, Justice Eid practiced both commercial and 
     appellate litigation for a variety of clients. She departed 
     private practice and joined academia where she became a 
     tenured professor at the University of Colorado Law School, 
     teaching Legislation, Constitutional Law, and Torts, and 
     serving as the faculty clerkship advisor. During her time at 
     the University of Colorado, Justice Eid continued her service 
     in

[[Page S6946]]

     the Colorado legal community as President of the Colorado 
     Association of Corporate Counsel. In 2005 she was appointed 
     by Colorado Attorney General John Suthers to serve as the 
     Solicitor General of Colorado. One year later, Governor Bill 
     Owens appointed Justice Eid to the Colorado Supreme Court 
     where she has served for 11 years and was successfully 
     retained by the voters of Colorado on a statewide ballot.
       As law clerks we had the distinct privilege and opportunity 
     to learn by observing Justice Eid throughout her decision 
     making process. We learned that she never fails to provide 
     her full attention and dedication to each individual case, 
     mastering the relevant facts and carefully analyzing the law, 
     whether the text of a statute or the words of a contract. As 
     Justice Eid is so fond of saying, she ``goes where the law 
     takes her.'' In other words, she treats each case 
     individually without any preconceived notion of desired 
     outcome.
       As young lawyers, we took particular note of the respect 
     that Justice Eid shows the parties and their attorneys both 
     in her written work product and during oral argument. We also 
     observed her belief in the importance of respect and 
     collegiality with her colleagues, particularly during times 
     of disagreement. Her chambers are always open, and she wants 
     to hear different viewpoints (even ours), but she remains 
     fiercely independent, ultimately deciding cases as she 
     believes the law requires. And her opinions do just that--in 
     clean and succinct prose, time and again, Justice Eid 
     resolves the dispute between the parties and announces a 
     clear rule of law that can be readily discerned by future 
     litigants. Her majority opinions in particular are a 
     testament to the care, dedication, and consensus-building 
     attitude she brings to her role as a Judge.
       While serving as a Justice on the Colorado Supreme Court, 
     Justice Eid has continued to teach at the University of 
     Colorado. She also serves as the Chair of the Supreme Court 
     Water Court Committee, which works to identify rule and 
     statutory changes to achieve efficiencies in water court 
     cases, while maintaining quality outcomes for all. Justice 
     Eid was appointed by Chief Justice John Roberts to serve on 
     the Federal Advisory Committee on Appellate Rules--a 
     prestigious appointment where she has served alongside 
     federal judges, law professors, and lawyers to craft 
     revisions to the Federal Rules of Appellate Procedure--and by 
     President George W. Bush to the Permanent Committee for the 
     Oliver Wendell Holmes Devise (an organization that writes the 
     history of the United States Supreme Court and sponsors the 
     Oliver Wendell Holmes Lecture).
       Justice Eid is active in her community and church, and as 
     the mother of two children, Justice Eid has also been 
     involved in her children's school over the years. In addition 
     to her service on the Colorado Supreme Court, these other 
     responsibilities connect her to the Colorado community, 
     specifically the challenges and issues facing citizens of 
     this State and will allow her to bring an important 
     perspective and diverse set of experiences to the United 
     States Court of Appeals for the Tenth Circuit.
       Her qualifications to serve are unparalleled and speak for 
     themselves. At each stage of her education and career Justice 
     Eid has excelled at the highest levels and has received 
     praise, awards, and the utmost respect of her colleagues and 
     those who have worked for her. This is in no small part due 
     to her incredible work ethic and her leadership by example. 
     And we as law clerks have carefully observed and learned from 
     her simultaneous and unfaltering commitment to both her 
     family and her position on the Colorado Supreme Court.
       We close by reflecting on our fond memories of our 
     experiences as law clerks under Justice Eid, whether it was a 
     lunch to celebrate a birthday, officiating numerous of our 
     weddings, or the annual holiday and summer parties that she 
     hosts. We all remember the genuine interest and support 
     Justice Eid provided to us as people and new lawyers. We will 
     never forget her heartfelt appreciation for our hard work and 
     the care and time she has taken to guide us through our 
     clerkships and beyond. She has been an important and 
     steady mentor in each of our lives. We urge the Senate to 
     take swift action on her nomination and are available to 
     speak to any member or their staff about Justice Eid and 
     her qualifications to serve on the United States Court of 
     Appeals for the Tenth Circuit.
       Sincerely,
        Marie Williams, Clerk for Justice Eid, 2006-07; Holly E. 
     Sterrett, Clerk for Justice Eid, 2006-07; Jared Butcher, 
     Clerk for Justice Eid, 2007-08; Clark Smith, Clerk for 
     Justice Eid, 2008-09; Kate Field, Clerk for Justice Eid, 
     2009-10; Tim Zimmerman, Clerk for Justice Eid, 2010-11; Lee 
     Fanyo, Clerk for Justice Eid, 2011-12; Jon Gillam, Clerk for 
     Justice Eid, 2011-12; Jake Durling, Clerk for Justice Eid, 
     2012-13; Doug Marsh, Clerk for Justice Eid, 2013-14; Jamen 
     Tyler, Clerk for Justice Eid, 2014-15; Ben Fischer, Clerk for 
     Justice Eid, 2014-15; Chris Chrisman, Clerk for Justice Eid, 
     2006-07; Catherine Bazile, Clerk for Justice Eid, 2007-08.
       Katie Yarger, Clerk for Justice Eid, 2008-09; Sara Rundell, 
     Clerk for Justice Eid, 2009-10; Maranda Compton, Clerk for 
     Justice Eid, 2010-11; Trina Ruhland, Clerk for Justice Eid, 
     2010-11; Victoria Cisneros, Clerk for Justice Eid, 2011-12/
     2012-13; Kate Cahoy, Clerk for Justice Eid, 2012-13; Lidiana 
     Rios, Clerk for Justice Eid, 2013-14; Ayesha Lewis, Clerk for 
     Justice Eid, 2013-14; Matt Mellema, Clerk for Justice Eid, 
     2014-15; Emma Kaplan, Clerk for Justice Eid, 2015-16; Julie 
     Hamilton, Clerk for Justice Eid, 2016-17; Rob Rankin, Clerk 
     for Justice Eid, 2016-17; Mairead Dolan, Clerk for Justice 
     Eid, 2016-17.
                                  ____

                                                    July 27, 2017.
     Re Support for the Confirmation of Justice Allison Eid to the 
         Tenth Circuit Court of Appeals.
       Dear Senators Bennet and Gardner: As members of the 
     Colorado legal community, we are proud to support the 
     nomination of Justice Allison Eid to serve as a Judge on the 
     Tenth Circuit Court of Appeals. We hold a diverse set of 
     political views as Democrats, Republicans, and Independents. 
     Our practices range from litigation, including both 
     plaintiffs' and defense work, to transactional work to 
     administrative law to child welfare advocacy and from 
     employment law to water rights and from government affairs to 
     minerals development, immigration, healthcare, law 
     enforcement, environmental justice, federal Indian law and 
     civil rights. This incredibly diverse group of attorneys 
     agrees on one thing: we all agree that Justice Eid is 
     exceptionally well qualified and should be confirmed.
       We know Justice Eid to be a person of integrity, 
     professional competence, and judicial temperament. She has 
     received the highest possible `Well Qualified' rating from 
     the American Bar Association. Her private practice work, 
     scholarship, law teaching, and service as Colorado's 
     Solicitor General have all demonstrated her superb abilities 
     over many years. Her service on the Colorado Supreme Court 
     has earned her a reputation as an excellent jurist. Her 
     strong work ethic is renowned. She is a preeminent member of 
     the legal profession, not only in Colorado, but in the United 
     States more broadly, with outstanding legal ability and 
     exceptional breadth of experience. We also know her to be a 
     compassionate and caring person, deeply involved in the 
     broader community and called to service, not only in her day 
     job, but through her extensive volunteerism toward the 
     betterment of the profession. Throughout her tenure on the 
     bench, she has hired numerous diverse law clerks and 
     continuously sought to ensure that the diverse voices of 
     Coloradoans are heard, evincing a very strong commitment to 
     diversity and inclusion. We are excited to see her bring her 
     spirit and skill set to the Tenth Circuit.
       We ask that Colorado's Senators join together and support 
     this very highly qualified nominee from Colorado. We believe 
     it is an exceptional moment to confirm Justice Eid as the 
     first Colorado woman to serve on the Tenth Circuit.
           Respectfully,
       Sarah J. Auchterlonie, Franklin Azar, Naomi Beer, Michael 
     Bender, Heath Briggs, Geraldine Brimmer, Scott Campbell, 
     Richard Cunningham, Stanton Dodge, Caleb Durling, Jacob 
     Durling, John Echohawk, David Fine, Jeremy Graves, Melissa 
     Hart, Ellen Herzog, Neal Katyal, Martin Katz, Robert Kaufman, 
     Kenzo Kawanabe, Kevin Kuhn.
       Liz Krupa, Bradley A. Levin, Cedric D. Logan, Monica 
     Loseman, Victoria E. Lovato, Rebecca Love Kourlis, Cynthia 
     Mares, Michael E. McLachlan, Mary Mullarkey, Marc Musyl, 
     Habib Nasrullah, Chris Neumann, Neil Oberfeld, Angelica 
     Ochoa, Michael O'Donnell, Michele On-ja Choe, Peter Ortego, 
     David Palmer, Joseph A. Peters, Richard Petkun, John 
     Posthumus.
       James Prochnow, Lee Reichert, Harriet McConnell Retford, 
     Tom Sansonetti, Cliff Stricklin, Trent D. Tanner, Robert S. 
     Thompson, III, Lorenzo Trujillo, John Voorhees, John Wahl, 
     Rebecca Watson, Dee Wisor, Jennifer Weddle, Kristin White, 
     Heather Whiteman Runs Him, Evan Williams, David B. Wilson, 
     Maureen Witt, David Yun, John Zakhem.
                                  ____



                                    Southern Ute Indian Tribe,

                                       Ignacio, CO, July 21, 2017.
     Re Support for Confirmation of Colorado Supreme Court Justice 
         Allison Eid to the Tenth Circuit Court of Appeals.
       Dear Chairman Grassley and Ranking Member Feinstein: The 
     Southern Ute Indian Tribe is writing in support of the 
     confirmation of Colorado Supreme Court Justice Allison Eid to 
     the United States Court of Appeals for the Tenth Circuit. 
     Justice Eid's considerable qualifications for this 
     prestigious appointment are not in question. As a Colorado 
     Supreme Court Justice, Justice Eid has demonstrated expertise 
     in a broad spectrum of legal matters including the field of 
     federal Indian law. Justice Eid's judicial record evidences 
     her understanding of tribal sovereignty and other matters 
     that are acutely important to the Tribe. Because these 
     matters are often resolved in the Supreme Court following a 
     decision in a federal appellate circuit in the West, it is 
     critical that the judges on those circuit courts possess a 
     working understanding of Indian law issues. Because she is 
     well-versed in the established principles of federal Indian 
     law, as well as many other areas of the law, the Tribe 
     supports the nomination of Justice Eid.
           Sincerely,
                                                 Clement J. Frost,
                                                         Chairman.

  Mr. GARDNER. Mr. President, I wish to spend some time talking about a 
letter dated July 27, 2017. This letter was sent to me and my 
colleague, Senator Bennet from Colorado. This letter was titled 
``Support for the Confirmation of Justice Allison Eid to the Tenth 
Circuit Court of Appeals,'' which I have

[[Page S6947]]

submitted for the Record, but I want to highlight some of the people 
who have signed this letter because when it comes to the courts and 
nominations, I think it is very important that we listen to the voices 
of those people who are closest to the court over which the nominee may 
be presiding. It is also important that those who are closest to a 
practicing lawyer provide their opinions of a lawyer who has been 
nominated for the bench who is not already on the bench.
  In the case of Justice Eid's supporters, there is an incredible list 
of people from across the political spectrum--both sides of the aisle--
supporting Justice Eid. Let me talk about a few of Justice Eid's 
supporters, because we will hear a lot of debate about groups who 
support or oppose Justice Eid, but the people who know her the best, 
the people who have practiced before her court, the people who have 
worked with her over the many years of public service that she has 
provided don't just fall on the Republican side of the aisle or the 
Democratic side of the aisle, the support she has gathered is from 
across the political spectrum.
  There is Michael Bender, former Colorado Supreme Court justice; 
Justice Rebecca Love Kourlis, one of the most respected jurists in 
Colorado, who served on the State supreme court and is one of the most 
highly regarded justices not only in Colorado but across the country, 
quite frankly; Justice Mary Mullarkey. Justice Mullarkey is no longer 
on the Colorado Supreme Court, but she served as the chief justice of 
the Colorado Supreme Court. She was appointed by a Democratic Governor. 
She is someone who believes Justice Eid would be an incredible addition 
to the court. There is Neal Katyal, a former Department of Justice 
civil servant for the Obama administration--a U.S. Solicitor General, 
in fact. If we look at the other supporters she has, we see that 
Melissa Hart, who has run for office as a Democratic candidate, 
supports the nomination and confirmation of Justice Allison Eid.
  As you can see, the Tenth Circuit has an incredible nominee before it 
whom I hope this body will soon confirm. I urge my colleagues to move 
quickly during this cloture time so that we can actually approve 
somebody who I know will do an outstanding job. I urge their support. I 
hope we will do our duty under our Constitution to select those people 
who will be guarding the Constitution and do it in a way that we can 
all be proud of. That is why I support Allison Eid.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Rhode Island.