[Congressional Record Volume 170, Number 89 (Wednesday, May 22, 2024)]
[Senate]
[Page S3824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                         Judicial Confirmations

  Mr. DURBIN. Mr. President, over the past 3 years, something profound 
has happened on the floor of the U.S. Senate. We have been building one 
of the most important accomplishments of the Biden-Harris 
administration: the confirmation of highly qualified, independent, 
evenhanded judges to the Federal bench.
  Today, the Senate will confirm the 200th lifetime judge since 
President Biden took office. This is an extraordinary slate of judges, 
who are ruling with reason and restraint. These judges respect the rule 
of law; adhere to precedent; and, above all, answer only to the 
Constitution.
  I have served on the Senate Judiciary Committee for more than two 
decades, including as chair for the past 3 years. During that time, I 
have been called on to evaluate and vote on over 1,000 judicial 
nominees that the committee has considered and have been brought to the 
Senate floor. In my opinion, the record is clear: President Biden's 
nominees to the Federal bench represent the best in our judiciary. They 
are highly qualified. Not a single one of these nominees--these 200--
have failed to be found ``qualified'' or ``well qualified'' by the 
American Bar Association. That is a departure from the previous 
administration's record.
  I have heard some of my Republican colleagues extolling the quality 
of those nominees in the previous administration as compared to those 
of President Biden, so I want to set the record straight as clearly as 
I can. For each judicial nominee that comes before the Senate, the 
American Bar Association conducts a nonpartisan peer review that ranks 
their qualifications. The qualifications are based on integrity, 
professional competence, and judicial temperament.
  During the Trump administration, Senate Republicans confirmed eight 
Trump nominees whom the American Bar Association found unqualified to 
serve on the Federal bench. Compare that to President Biden's record. 
Under this administration, not one of the 200 judges we have confirmed 
received an unqualified rating--not one. When there was a suggestion 
that one might receive that rating and they asked me whether we should 
move forward, I said: The answer is clearly no.
  So when I hear some of my Republican colleagues reminisce about the 
former President's nominees, I have to wonder: Which ones are they 
talking about? Are they talking about several nominees who had never 
tried a case? How about the district court nominee in the previous 
administration who challenged the legal basis for both surrogacy and in 
vitro fertilization or the Sixth Circuit nominee who likened abortion 
to slavery? And who could forget the Ninth Circuit nominee in the 
previous administration whose colleagues called him ``arrogant, lazy, 
an ideologue, and lacking in knowledge of the day-to-day practice of 
law.''
  Yet some Republican Senators have relied on increasingly absurd 
criticisms in an attempt to criticize President Biden's nominees. In a 
new low, some of my Republican colleagues have gone so far as to 
falsely claim that a historic nominee, who would be the first Muslim 
American to serve on the Federal appellate court, is anti-Semitic and 
anti-law enforcement. As I have said previously, these bigoted attacks 
are false and should not stand.
  Something that stands out about President Biden's nominees, aside 
from their qualifications and integrity to the rule of law, is the 
professional and demographic diversity they bring to the bench. We have 
made history, confirming more Black women to the Federal circuit courts 
than all prior Presidents combined. Of course, we have confirmed the 
first ever Black woman to serve on the Supreme Court: Justice Ketanji 
Brown Jackson. And we have confirmed historic numbers of Asian 
American, Latino, and LGBTQ judges.
  As we celebrate Asian American and Pacific Islander Heritage Month, I 
want to take a moment to recognize that President Biden has appointed 
more AAPI judges than any previous President. This includes several 
``firsts'' to the Federal bench: the first ever Asian-American judge in 
the Third and Seventh Circuits, the first South Asian judge on the 
Ninth Circuit, and the first Asian-American judge in Virginia.
  Beyond this demographic diversity, there is recordbreaking 
professional diversity. In the past 3 years, we have confirmed more 
public defenders as circuit judges than all prior Presidents combined. 
In addition, we have confirmed State court judges, Federal magistrates, 
bankruptcy judges, and prosecutors who have made significant 
contributions to this country's justice system. We have confirmed 
jurists with experience protecting the rights of voters, the rights of 
workers, civil rights, women's rights, and LGBTQ rights.
  Another notable aspect of this record is that the vast majority--
nearly 90 percent--of these confirmations have been bipartisan--nearly 
90 percent. This includes over three-quarters of the appellate 
nominees.
  In addition, I want to thank a number of my Republican colleagues who 
have worked in good faith with the White House, with me, and with the 
committee to fill vacancies in their States. This focus on qualified, 
consensus nominees will go a long way toward restoring trust and faith 
in our judiciary.
  The American people deserve Federal judges who not only look like 
America but understand the American experience from every angle. We 
have accomplished this during the longest evenly divided Senate in 
history and now with a narrow majority. We celebrate these 200 judges, 
but we should not stop here. We will continue elevating jurists who are 
qualified, principled, and committed above all to protecting the 
Constitution. The American people deserve nothing less.
  Mr. President, let me close by saying it has been an honor to serve 
as chairman of the committee, but our success in bringing these 
nominees to the floor really belongs to the members of the committee--
10 Democrats and 10 Republicans. Those Democrats in particular have 
dutifully come to the committee hearings and to the votes and waited 
patiently for the opportunity to vote and bring these nominees to the 
floor. We wouldn't be here without them. I salute them and their 
dedication to the rule of law and our responsibility on the Judiciary 
Committee.