[Congressional Record Volume 167, Number 214 (Monday, December 13, 2021)]
[Senate]
[Page S9114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                          Judicial Nominations

  Mr. DURBIN. Mr. President, I rise today to speak on three highly 
qualified judicial nominees: Judge Lucy Koh, nominated to the Ninth 
Circuit; Jennifer Sung, also nominated to the Ninth Circuit; and 
Samantha Elliott, nominated to the District of New Hampshire.
  These nominees will bring much-needed professional and demographic 
diversity to the bench. They have the qualifications and character 
needed to serve effectively in the Judiciary. And all three have 
records that demonstrate an evenhanded and unbiased approach to the 
law.
  Judge Lucy Koh has served as a district court judge for the Northern 
District of California for more than a decade. When President Obama 
nominated her to that role in 2010, she was confirmed in the Senate 
with broad, bipartisan support, a 90-0 margin. That unanimous support 
reflected Judge Koh's abilities and experience and also a deep sense of 
trust that that she would be ready to take on the demands of the 
Federal district court from day 1.
  Well, Judge Koh has certainly risen to the occasion. As a district 
court judge, she has issued thousands of written opinions. And she has 
presided over 271 trials. Notably, Judge Koh has grappled with many 
complex--and often novel--questions of law, particularly those related 
to technology. These are the kinds of questions that regularly make 
their way to the circuit courts. So we know that Judge Koh is already 
wellversed in the types of cases she will encounter on the Ninth 
Circuit.
  What is more, during her time on the bench, Judge Koh has exemplified 
the hallmarks of what makes an outstanding judge, She engages in 
thoughtful, well-reasoned analysis; follows precedent, irrespective of 
whether she agrees with it; and always--always--applies the law to the 
facts in an evenhanded, impartial way.
  Judge Koh was rated unanimously ``well qualified'' by the American 
Bar Association to serve on the circuit court. And upon confirmation, 
she will be the first Korean-American woman to ever serve on a circuit 
court.
  Judge Koh received a bipartisan vote in the Judiciary Committee, and 
I hope she receives bipartisan support here on the floor.
  The Senate will also be voting on Jennifer Sung's nomination to the 
Ninth Circuit. Ms. Sung is a distinguished jurist who will bring a 
vital, and underrepresented, perspective to the Federal bench.
  After graduating from Yale Law School and clerking on the Ninth 
Circuit, Ms. Sung spent over a decade representing American workers in 
labor disputes. These workers were often minorities from low-income 
backgrounds. In 2017, Ms. Sung's expertise in labor law attracted the 
attention of Oregon Governor Kate Brown, who appointed her to serve on 
the Oregon Employment Relations Board.
  The ERB, as it is called, is a quasi-judicial agency charged with 
resolving labor disputes. As a member of the three-person panel, Ms. 
Sung reviews evidentiary records, independently evaluates the law, and 
works in a collaborative manner to reach a consensus on opinions. In 
other words, she has already handled many of the responsibilities that 
come with being a Circuit Court Judge. So Ms. Sung will be right at 
home on the Ninth Circuit.
  In addition to the professional diversity Ms. Sung will bring to the 
bench as an expert in labor law, she will also bring important 
demographic diversity. If confirmed, she would make history as the 
first Asian-American woman to hold an Oregon seat on the Ninth Circuit.
  Ms. Sung has presided over hundreds of legal matters--only three of 
which have been overturned. She has demonstrated a commitment to 
impartiality, a thoughtful approach to decision-making, and a keen 
ability to separate her personal views from the law and the facts at 
hand. That is also reflected by the fact that the American Bar 
Association rated Ms. Sung as ``well qualified.''
  Finally, the Senate will soon take up Samantha Elliott's nomination 
to the District of New Hampshire. Ms. Elliott has spent her entire 
legal career in New Hampshire. With her deep knowledge of the State's 
legal system and her evenhanded approach to the law, she will make an 
outstanding Federal judge.
  Ms. Elliott is an accomplished litigator who has spent much of her 
career representing New Hampshire municipalities and their employees. 
She has also dedicated herself to increasing access to justice. As a co 
founder of 603 Legal Aid, Ms. Elliott has worked tirelessly to provide 
legal services to members of low-income communities. And she has 
dedicated countless hours to her pro bono legal work.
  With her considerable experience in both State and Federal courts, it 
is little surprise that Ms. Elliott was unanimously rated as ``well 
qualified'' by the American Bar Association. She also received a 
bipartisan vote of 15-7 in the Judiciary Committee.
  I urge all of my colleagues to join me in supporting these three 
highly qualified nominees. With their breadth of credentials, 
experience, and commitment to the rule of law, each of them will make 
outstanding additions to the Federal bench.
  The PRESIDING OFFICER. The Senator from California.