[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Pages 14022-14028]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           EXECUTIVE SESSION

                                 ______
                                 

    NOMINATION OF ROGER L. GREGORY TO BE UNITED STATES CIRCUIT JUDGE

                                 ______
                                 

     NOMINATION OF SAM E. HADDON TO BE UNITED STATES DISTRICT JUDGE

                                 ______
                                 

   NOMINATION OF RICHARD F. CEBULL TO BE UNITED STATES DISTRICT JUDGE

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will now go into executive session to consider en bloc Executive 
Calendar Nos. 250, 245, and 246, which the clerk will report.
  The legislative clerk read the nominations of Roger L. Gregory, to be 
United States Circuit Judge for the Fourth Circuit; Sam E. Haddon, to 
be United States District Judge for the District of Montana; and 
Richard F. Cebull, to be United States District Judge for the District 
of Montana.
  The ACTING PRESIDENT pro tempore. The Senator from Nevada is 
recognized.
  Mr. REID. Mr. President, I ask unanimous consent that whatever time I 
consume not be charged against the two managers of these nominations.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. REID. Mr. President, there will be 30 minutes of debate in 
relation to the three judicial nominations, followed by three rollcall 
votes beginning at approximately 9:50 a.m.
  Mr. President, the first vote will be under the regular order. The 
next votes will be 10 minutes each. These are the only rollcall votes 
today. The next rollcall votes will occur Monday at approximately 5:45 
p.m.
  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be 30 minutes for debate, to be equally divided between the 
Senators from Vermont and Utah or their designees.
  The Senator from Vermont is recognized.
  Mr. LEAHY. I thank the Chair. I see my good friend from Utah is here, 
as well as the Senators from Montana and Virginia.
  Mr. President, it took the Senate the entire month of June to pass S. 
Res. 120, a very simple resolution in which we organized our 
committees. As one Senator, I am sorry we lost the month of June to the 
process of reorganizing the Senate, but I am proud of the very quick 
start of the Judiciary Committee on holding hearings and reporting 
nominees.
  I sent out official notice of the committee's first hearing on 
judicial nominations within 10 minutes after the majority leader 
announced an agreement had been reached on reorganization. The hearing 
on judicial nominations was held the very first day after committee 
membership assignments were completed earlier this month.
  We expedited committee consideration of the nominees by urging all 
Senators to propound such followup written questions as they thought 
necessary as soon as possible after the hearing. I included them on the 
committee agenda for our business meeting this week.
  At that meeting yesterday, the Judiciary Committee voted unanimously 
to report each of the judicial nominations. Each vote was 19-0, and the 
other nominations on the calendar were voice voted.
  These are the first judicial nominations heard before the committee, 
the first judicial nominations considered by the committee, and they 
will now be the first judicial nominations considered by the Senate 
this year.
  I have only served as chairman of the Judiciary Committee since June 
5, the Senate did not adopt its reorganizing resolution until June 29, 
and committee assignments were not made until July 10. So we have been 
moving pretty rapidly since the Senate allowed us to go forward.
  There were no hearings on judicial nominations and no judges 
confirmed by the Senate during the months in which I was privileged to 
serve as the ranking Democrat. I chaired the first hearing on July 11. 
That was the first hearing on judicial nominations all year.
  The first judge we confirm today will be the first judge confirmed in 
the 107th Congress. I heard the rumors that those on our side of the 
aisle would not hold hearings and would not consider any of President 
Bush's judicial nominations. We even heard some words that the 
Democrats might block all judges. Of course, we demonstrated very 
clearly that is not the case.
  We set a pace, one of the fastest paces I have seen in my 25 years on 
the committee under both Democratic and Republican Chairs. We held a 
hearing noticed minutes after the Senate's reorganization. We proceeded 
with nominees of both the court of appeals and district court the day 
after committee

[[Page 14023]]

assignments were made. We proceeded with expedited committee 
consideration yesterday. We are proceeding today with Senate 
consideration of what I hope will be the confirmation of the first of 
President Bush's nominations.
  First is the nomination of Judge Roger Gregory. I know Judge Gregory, 
his family, and indeed all the people who live in the area covered by 
the United States Court of Appeals for the Fourth Circuit, have been 
waiting a long time for this day.
  Judge Gregory was first nominated for this position in June 2000--
more than a year ago. He has the strong bipartisan support of both his 
home State Senators, John Warner and Chuck Robb, but no hearing was 
ever scheduled on President Clinton's nomination of Roger Gregory.
  President Clinton's attempts to fill a number of vacancies on the 
Fourth Circuit met with resistance, delaying the inevitable integration 
of the court. Judge Beaty, a U.S. district court judge for the Middle 
District of North Carolina, was nominated by President Clinton 6 years 
ago, in December of 1995, but he never received a hearing. Judge Beaty 
was renominated in 1997. Again, the committee scheduled no hearing for 
him. Judge Beaty waited a period of 34 months without a hearing.
  President Clinton tried again in 1999, nominating another African-
American, James Wynn. Judge Wynn, a North Carolina Court of Appeals 
judge, was also denied a hearing before the committee, but President 
Clinton sent him back to the Senate one more time to give the Senate 
one more opportunity to hear him at the start of the 107th Congress in 
January of this year. After pending for a total of 16 months without a 
hearing, Judge Wynn's nomination was among those withdrawn by President 
Bush in March of this year.
  Roger Gregory was initially nominated, as I noted, over a year ago. 
Like the others, his nomination languished without a hearing. Because 
there was no action taken by the Senate on Mr. Gregory's nomination, 
President Clinton used his powers of recess appointment to make Roger 
Gregory the first African-American judge to sit on the Fourth Circuit 
and sent his nomination for a permanent position on that court back to 
the Senate at the beginning of this year.
  President Bush initially withdrew Judge Gregory's nomination in 
March, but after careful reconsideration, President Bush--and I applaud 
him for this--sent Judge Gregory's name back to us in May. Again, he 
had the strong support of both Senators from Virginia.
  During this time, Virginia was represented by three different 
Senators, two of whom I am privileged to serve with today--one 
Democrat, two Republicans. All three strongly supported Judge Gregory. 
To their credit, all three resisted political importuning from either 
side.
  This makes Judge Gregory actually one of the few nominees ever to be 
nominated for the same position by Presidents of different parties. He 
is in the unique position of serving by means of an appointment whose 
term expires at the end of this session of the Senate unless his 
nomination to a full lifetime appointment is acted upon before we 
adjourn this year.
  Judge Gregory received his B.A. in 1975 from Virginia State 
University and his juris doctorate from the University of Michigan in 
1978. Prior to his appointment to the Fourth Circuit, he was active in 
private practice in Virginia.
  His law practice was a mix of civil and criminal in both State and 
Federal courts, including criminal defense, personal injury, domestic 
cases, real estate, work as general counsel for an urban school 
district, and defense cases for large insurance companies and large 
corporations such as General Motors and Kmart. He was an active 
litigator.
  He also taught as adjunct professor of constitutional law at Virginia 
State University. He was a member of the faculty of the Virginia State 
Bar Ethics and Professional Responsibility Committee for all recent 
admittees to the State bar.
  Judge Gregory was very active in community and bar activities before 
he took the bench, including service on the board of directors of the 
Central Virginia Legal Aid Society, the Richmond Bar Association, and 
the Virginia Association of Defense Attorneys.
  His life and career have been exemplary and his qualifications for 
this position are stellar. His service on the bench since his 
appointment has been uniformly praised. He conducted himself with 
distinction at his confirmation hearing this month.
  Based on all these considerations, it seems appropriate that Judge 
Gregory's nomination be the first considered by the committee and the 
Senate this year.
  As I said before, I commend my good friend, the senior Senator from 
Virginia, Mr. Warner, as well as the distinguished Senator, Mr. Allen, 
and Representative Bobby Scott when they appeared before the committee 
earlier this month to urge Judge Gregory's confirmation, giving him 
their bipartisan stamp of approval.
  At our hearing, Senator Warner, who is truly the gentleman of the 
Senate, as we all know, was characteristically generous in praising 
Senator Robb and Governor Wilder for their efforts on behalf of Roger 
Gregory as well.
  I add my praise of both Presidents, one a Democrat and one a 
Republican. I praise President Bush for doing the right thing in this 
case. President Bush deserves great credit for renominating Judge 
Gregory and allowing the Senate a third chance to consider and confirm 
this outstanding nominee. Senator Allen served with distinction both as 
Governor of the State of Virginia and now as U.S. Senator from Virginia 
and knows well the qualifications.
  Then we have two nominees to the district court in Montana. They are 
both well qualified and well respected. My two friends from Montana, 
the two Senators from Montana, came to me and asked if we could move 
these judges forward. I thought they had done what is a model. They 
worked together with the White House to get two well-qualified judges. 
Senator Baucus and Senator Burns both told me the same thing on 
different occasions: They had a desperate need for judges. They had one 
judge handling far more than they should have to, sort of home alone. 
They said, please send somebody to help.
  Recommended to the President, and the President to us, Richard Cebull 
is currently a United States Magistrate for the District Court of 
Montana. He spent his career in private practice before his appointment 
as a magistrate. Judge Cebull received a unanimous well-qualified 
rating from the ABA Standing Committee on the Federal Judiciary, where 
the ABA has been helpful to us, to Senators Baucus and Burns, as well 
as the White House.
  Judge Cebull is a native of Billings, Montana. He received his B.S. 
from Montana State University in 1966, and his J.D. from the University 
of Montana Law School in 1969. Before his appointment as a magistrate, 
Judge Cebull spent his career in private practice in Billings, 
litigating civil cases with an emphasis on insurance defense and 
medical malpractice defense.
  He was active in trial lawyer associations and a speaker at CLE 
programs on practical litigation issues. He also served as a member of 
the Montana Pattern Jury Instruction Commission, which wrote civil jury 
instructions for Montana courts, and was Chairman of the Civil Justice 
Reform Act Advisory Group, which wrote the District of Montana Local 
Rules. For a short time in the 1970's, he served as a Trial Judge in 
the Northern Cheyenne Tribal Court, presiding over criminal trials of 
tribal members charged with violating tribal ordinances. He has also 
served as a settlement master in a variety of civil cases. Judge Cebull 
received a unanimous ``Well Qualified'' rating from the ABA's Standing 
Committee on the Federal Judiciary.
  Sam Ellis Haddon is an attorney in private practice in Missoula, 
Montana. Mr. Haddon is a 1959 graduate of Rice University and received 
his J.D. in 1965 from the University of Montana School of Law. He was 
an immigration patrol inspector for the U.S. Border Patrol,

[[Page 14024]]

and a criminal investigator for the Federal Bureau of Narcotics. His 
legal career has been spent in private practice, focusing primarily on 
civil litigation in a variety of areas of law.
  He has been very active in bar activities and Montana Supreme Court 
commissions over the years. His many memberships include the ABA, the 
American College of Trial Lawyers, the American Academy of Appellate 
Lawyers, the American Judicature Society, the American Law Institute, 
and he is a fellow of the American Bar Foundation.
  As a young attorney he was active in the Montana State Bar, and later 
on served on an advisory commission making recommendations to the 
State's Supreme Court about the standards for admission to practice in 
Montana. He was also chair of a commission to study and suggest 
revisions to the State's laws of evidence, and since 1986 has served on 
the Montana Supreme Court's Commission on Practice, screening and 
hearing ethics complaints against attorneys admitted in the State.
  For the last five years he has served as the chair of this 
Commission. Mr. Haddon has been an adjunct instructor at the University 
of Montana Law School for nearly 30 years, teaching contracts, 
professional responsibility and trial practice. Like Judge Cebull, Mr. 
Haddon also received a unanimous ``Well Qualified'' rating from the 
ABA's Standing Committee on the Federal Judiciary.
  Judge Cebull and Sam Haddon are both strongly supported by their 
home-state Senators, Max Baucus and Conrad Burns, who each testified 
enthusiastically on behalf of these nominees at their July 11 hearing. 
The Senators from Montana also echoed the plea we had heard from Chief 
Judge Molloy, who is the only active Judge for the District of Montana, 
to quickly confirm these nominees.
  I hope the Senate will respond to their plea and approve these 
nominations today. Confirmation of these nominations for Montana will 
demonstrate that the Senate can act promptly on consensus nominees with 
broad bipartisan support. When the White House works closely with home-
state Senators of both parties, with both Democrats and Republicans, 
Senate consideration is made much easier. I commend Senators Baucus and 
Burns for their constructive approach to filling the vacancies that 
were plaguing their District Court.
  I am happy to support these two nominees for the District Court in 
Montana as well as Roger Gregory for the U.S. Court of Appeals for the 
Fourth Circuit, and hope to be able to support many more of the 
President's judicial nominees.
  The ACTING PRESIDENT pro tempore. The Senator from Nevada.
  Mr. REID. Mr. President, I know there is tremendous interest in these 
nominees involving two States and a number of Senators. However, we 
have received a number of inquiries and we will not be able to extend 
the time. People are waiting. If there is a request to extend the time 
for additional speakers this morning, I will have to object.
  The ACTING PRESIDENT pro tempore. The Senator from Utah.
  Mr. HATCH. Mr. President, I am extremely pleased that the Senate 
today will consider the first of President Bush's nominees for the 
federal judiciary. The three nominees are Judge Roger Gregory for the 
United States Court of Appeals for the Fourth Circuit, and Judge 
Richard Cebull and Mr. Sam Haddon for the United States District Court 
for the District of Montana.
  My review of these nominees has convinced me that they will serve the 
judiciary with competence, fairness, and honor. Judge Gregory's 
extensive legal experience, character, and good judgment make him an 
excellent choice for the Fourth Circuit Court of Appeals. His 
nomination by President Bush--with the hard work and support of 
Senators Warner and Allen--is well deserved. It is also, by the way, a 
clear gesture of bipartisanship by President Bush, which is 
unprecedented in modern times.
  The two nominees for the District of Montana also demonstrate the 
rewards of bipartisanship. Judge Cebull and Mr. Haddon enjoy the 
support of both Montana senators--Republican Senator Burns and Democrat 
Senator Baucus. And it's easy to see why. Judge Cebull has an 
outstanding record as a lawyer with 28 years of experience in private 
practice and as a federal magistrate judge. Mr. Haddon has also 
developed considerable expertise in a broad range of litigation 
topics--both at the trial and appellate levels. These judges will not 
only perform their duties with distinction, but also will help ease the 
excessive caseload currently being handled by Montana's single full-
time federal district judge.
  So, Mr. President, we have three solid nominees before the Senate, 
and I hope and expect that all of them will be confirmed today. I also 
want to take this opportunity to thank Chairman Leahy for moving these 
nominees. I must note, however, that there are ten other judicial 
nominees who have been pending before the committee for more than two 
months without even a hearing. I urge Senator Leahy to move forward 
expeditiously on these and the remaining 26 judicial nominees pending 
before the committee.
  I ask unanimous consent the distinguished senior Senator from 
Virginia be permitted to speak for 5 minutes, and then the 
distinguished Senator from Virginia, Mr. Allen, be permitted to speak 
for 5 minutes, and the remaining time be given to the distinguished 
Senator from Montana.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Virginia.
  Mr. WARNER. Mr. President, I thank the distinguished managers. 
Indeed, we are fortunate here in the Senate to have two such 
outstanding Senators to head up the very important Judiciary Committee 
because the third branch of our government is the Federal judiciary.
  Throughout the nearly 23 years I have been privileged to serve as a 
United States Senator, I have taken a very active and conscientious 
role in making recommendations to our Presidents for nominees to serve 
on the Federal judiciary.
  We are at a historic moment here today with Judge Gregory, as we are 
about to confirm the first African-American Judge to the United States 
Court of Appeals on the Fourth Circuit. Virginia, and indeed all the 
States within the Fourth Circuit, is diverse in its citizenry. Our 
Judiciary should reflect the broad diversity of the citizens it serves.
  Accordingly, I had the privilege and the honor of recommending to 
President Reagan the first African-American in the nearly 200 year 
history of the Commonwealth of Virginia to serve on the Federal bench. 
That judge, Judge James Spencer, a United States district judge, has 
served with great distinction.
  I also had the privilege and honor of recommending to the first 
President Bush, the first woman to serve on the United States District 
Court in the Commonwealth of Virginia, Ms. Rebecca Smith. Judge Smith, 
likewise, has served with great distinction.
  And, today, the Senate will confirm Judge Gregory and another chapter 
of history is documented between the Commonwealth of Virginia and the 
Federal judiciary.
  I remember very well when Roger Gregory's name first came to the 
United States Senate. I had not known him directly, and shortly after 
he was nominated, I quickly made arrangements to confer with him.
  Soon, we established a close professional relationship and personal 
friendship; I have stood by his side ever since through a rather 
challenging and unusual process of confirmation.
  Judge Gregory is eminently qualified for a lifetime judgeship on the 
Fourth Circuit.
  Former Governor of Virginia, Governor Douglas Wilder, the only 
African-American in the history of the United States in this century to 
serve as chief executive of one of our States, addressed a letter to 
me, my colleague Senator Allen, and Congressman Scott, in support of 
Judge Gregory. I would like to read portions of this letter into the 
Record. I submit the letter

[[Page 14025]]

in its entirety for the Record. Although the House of Representatives 
is not directly involved in the judicial confirmation proceedings, 
Members do play an active role. I thank Congressman Scott for his 
strong support throughout the Gregory confirmation process. And, I also 
submit a letter of support from Congressman Scott to be printed in the 
Record.
  Governor Wilder stated:

       Gentlemen: I first want to thank you for the strong and 
     unwavering support relative to the nomination of Roger L. 
     Gregory for a position on the United States Fourth Circuit 
     Court of Appeals. It has been invaluable in the process.
       I also want to thank the Chairman of the Judiciary 
     Committee, Senator Leahy . . . as well as the former 
     Chairman, Senator Hatch, for the courtesies extended to the 
     nominee.
       I also commend Senator Charles S. Robb for starting the 
     process by recommending Judge Gregory to President Clinton 
     for the bench. Needless to say, there are a number of persons 
     who have played a pivotal role in bringing this nomination to 
     this point; but none more outstanding than the nominee 
     himself. I have long felt confident that once a hearing was 
     in place, others would more widely see the sterling 
     qualification of the individual . . .
       I have known the judge since his college days at Virginia 
     State University through the present. I have known him as a 
     student, law partner and friend. I know that he enjoys a 
     splendid reputation with the bench and bar, as well as, being 
     an integral part of the community at state and local events. 
     His devotion to family and civic responsibilities is 
     outstanding and his character is beyond reproach. 
     Impartiality, integrity and resourcefulness will guide him in 
     his decision making.
       I am confident he will make a very lasting contribution . . 
     .

  Mr. President, over the history of the Fourth Circuit, there has been 
a total of 41 judges who have served on the court. Throughout my 23 
years in the United States Senate, I have had the honor of 
participating in the Senate's ``advise and consent'' constitutional 
role for 16 of these judges.
  In fact, of the 11 active judges currently on the court, I have 
participated in and supported the confirmation of 10 of these judges. 
Only Judge Widener, who was confirmed in 1972 and who is a jurist I 
have come to know and greatly respect, has a confirmation that preceded 
my Senate service.
  Roger Gregory has been a respected member of the Virginia bar since 
1980. He has worked for one of Virginia's most respected law firms, 
Hunton & Williams, and he co-founded his own firm in 1982 with Governor 
Doug Wilder. Judge Gregory is well known as a skilled litigator.
  Judge Gregory, I believe, also has the requisite judicial 
temperament. Many, if not all Senators are concerned about judicial 
activism. The Judiciary's role is to interpret the law, not to make 
law. Judge Gregory assured me he will follow this traditional, 
constitutional, role.
  From my conversations with Judge Gregory, and based on his judicial 
questionnaire, I am confident that he recognizes the importance of the 
separation of powers laid out in our Constitution.
  Mr. President, Judge Roger Gregory is obviously a very accomplished 
American. He is well qualified to continue service on this important 
court, and I am certain that he will continue to serve on this court 
with honor, integrity, and distinction.
  It is time to confirm Judge Gregory to a lifetime appointment. I urge 
my colleagues to support this fine nominee for confirmation.
  I ask unanimous consent that the letter from former Governor Doug 
Wilder and a letter form Congressman Bobby Scott be printed in the 
Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                      Laurence Douglas Wilder,

                                       Richmond, VA, July 6, 2001.
     Hon. John Warner,
     U.S. Senate, Russell Senate Office Building,
     Washington, DC.
     Hon. George Allen,
     U.S. Senate, Russell Senate Office Building,
     Washington, DC.
       Gentlemen: I first want to thank you for the strong and 
     unwavering support relative to the nomination of Roger L. 
     Gregory for a position on the United States Fourth Circuit 
     Court of Appeals. It has been invaluable in the process.
       I also want to thank the Chairman of the Judiciary 
     Committee, Senator Leahy, for scheduling the hearings as well 
     as the former Chairman, Senator Hatch, for the courtesies 
     extended the nominee.
       I also commend Senator Charles S. Robb for starting the 
     process by recommending Judge Gregory to President Bill 
     Clinton for the bench. Needless to say, there are a number of 
     persons who have played a pivotal role in bringing this 
     nomination to this point; but none more outstanding than the 
     record of the nominee himself. I have long felt confident 
     that once a hearing was in place, others would more widely 
     see the sterling qualification of the individual. I regret 
     very much that due to a previously scheduled vacation 
     starting last Saturday, I will not be in the country to 
     witness and attest in this regard.
       I have known the judge since his college days at Virginia 
     State University through the present. I have known him as a 
     student, law partner and friend. I know that he enjoys a 
     splendid reputation with bench and bar, as well as, being an 
     integral part of the community at state and local events. His 
     devotion to family and civic responsibilities is outstanding 
     and his character is beyond reproach. Impartiality, integrity 
     and resourcefulness will guide him in his decision making.
       I am confident he will make a very lasting contribution to 
     his state and country and again many thanks for making this 
     happen.
           Sincerely,
                                                L. Douglas Wilder,
     Former Governor of Virginia.
                                  ____

                                                    July 20, 2001.
     Hon. John W. Warner,
     Senator, U.S. Senate,
     Russell Senate Office Building, Washington, DC.
       Dear Senator Warner: I am very pleased to see that the 
     Senate has Scheduled a vote on confirming Judge Roger 
     Gregory's appointment to the United States Court of Appeals 
     for the Fourth Circuit. I want to take this opportunity to 
     express my great appreciation for all of your dedication and 
     commitment to getting Judge Gregory appointed, reappointed, 
     considered and confirmed.
       As you know, Judge Gregory is from Richmond, Virginia--a 
     part of which is in the Third Congressional District which I 
     represent. His nomination to the Fourth Circuit Court of 
     Appeals is a source of pride for all Virginians.
       Judge Gregory has stellar professional and legal 
     credentials. He is a summa cum laude graduate of Virginia 
     State University and a graduate of the University of Michigan 
     School of Law. After practicing with two law firms, he became 
     a founding member and managing partner of the law firm of 
     Wilder and Gregory in Richmond.
       Judge Gregory is truly a consensus candidate for a 
     permanent appointment to the Fourth Circuit Court of Appeals. 
     He has bipartisan support from members of the Virginia 
     Congressional Delegation, the Governor and other political 
     leaders from Virginia. He also has the support of many 
     organizations and individuals across Virginia and beyond. And 
     as a judge sitting on the Fourth Circuit Court of Appeals for 
     the past several months, he has earned the respect of his 
     colleagues on the bench.
       I have known Judge Gregory for over 20 years and have 
     worked with him in several organizations, including the Old 
     Dominion Bar Association. I am confident that he will 
     distinguish himself and Virginia as a member of the Court.
       With your continued able leadership, Judge Gregory will 
     have an excellent chance for confirmation, and, again, I 
     thank you.
           Very truly yours,
                                        Robert C. ``Bobby'' Scott,
                                               Member of Congress.

  The ACTING PRESIDENT pro tempore. The junior Senator from Virginia.
  Mr. ALLEN. Mr. President, I thank my colleague, John Warner, for his 
remarks. I reflect on the first statement I made on this Senate floor 
on January 25 when I rose to address the appointment of Roger Gregory 
to the United States Court of Appeals for the Fourth Circuit. When I 
spoke, I asked my colleagues to move the nomination of Judge Gregory on 
the basis of his qualifications. I asked my colleagues, and indeed the 
President, to not view Roger Gregory based upon the former President's 
political manipulations.
  Fortunately, President Bush has heeded my advice and the advice of my 
good friend and colleague, Senator John Warner, who stood with me on 
that first speech back in January. Fortunately, President Bush has 
acted.
  As a Virginian and as an American, I am proud to rise again today in 
support of the confirmation of Judge Roger Gregory. I am also proud to 
see that Members of both parties in the Senate and President Bush have 
risen above the past procedural aggravation and have acted in a 
statesmanlike manner. It is my belief that in Roger Gregory the Fourth 
Circuit and indeed America have a well-respected and honorable jurist 
who will administer

[[Page 14026]]

justice with integrity and dignity. He will, in my judgment, decide 
cases based upon and in adherence to duly adopted laws and the 
Constitution.
  He is the first African-American to serve on the Fourth Circuit Court 
of Appeals. This is a good and historic vote we are about to take. I 
share the salient reasons I support Roger Gregory, whom we are about to 
vote to confirm. We hear a lot of inspirational stories. Yesterday, in 
the Small Business Administration hearings on the nomination of Hector 
Barreto Jr., John Ensign and I thought what an inspirational story 
about that young man and his father who came to this country. What a 
success story.
  Roger Gregory is an inspirational story, as well. Judge Roger Gregory 
is a testament to what can be achieved in America through hard work and 
personal determination. He is the first person in his family to finish 
high school. He went on to graduate summa cum laude from Virginia State 
University, where his mother had once worked as a maid. Before his 
investiture as a judge, he was a founding partner of the firm of Wilder 
& Gregory, a highly respected litigator representing municipal and 
corporate clients in the Richmond area. He has been active in civic and 
community affairs. He and I both served together on the board of the 
Historic Riverfront Foundation in Richmond. He has an AV rating in 
Martindale-Hubbell, which is the highest combined legal ability and 
general recommendation rating given to lawyers.
  What is most important to me, what truly impressed me, is he has a 
proper judicial philosophy. He understands that the role of the 
judiciary is to administer the law based on the facts and the evidence, 
administering the law, not legislating from the bench. He will follow 
the rule of law, not participate--in his words--in an activist court as 
result-oriented judges are very dangerous.
  In particular, I also think it is important he understands, and 
stated to me an understanding of our Federal system, that the States 
have broad prerogatives and you apply the Constitution and you do not 
easily overrule the laws enacted by legislators which ought to be 
upheld and respected by the courts.
  I commend the chairman, Chairman Patrick Leahy, the Senator from 
Vermont, and Senator Hatch for the dispatch in which they have moved 
the nomination of Roger Gregory. Let me congratulate President Bush for 
the confidence and good judgment he has shown in nominating Judge 
Gregory to be the first African-American to hold a permanent seat on 
the Fourth Circuit U.S. Court of Appeals.
  Judge Roger L. Gregory is an exemplary citizen of the Commonwealth of 
Virginia. He has a sense of the properly restrained role of the 
judiciary and is eminently qualified to serve with distinction for many 
years, many decades to come.
  I respectfully ask my colleagues to join me in confirming Judge 
Gregory to the U.S. Court of Appeals for the Fourth Circuit.
  The ACTING PRESIDENT pro tempore. The Senator from Montana is 
recognized.
  Mr. BURNS. Mr. President, first I thank the President of the United 
States for his selection, moving the two judges from Montana; I thank 
Senator Leahy, my good friend; we have served together in a lot of 
different capacities, it seems, over the last 12 years; and my good 
friend Senator Hatch, on the Judiciary Committee, for having the 
hearings and moving them very quickly. Also, I thank my good friend 
from Montana, Senator Baucus. We worked together in order to get these 
two judges appointed and confirmed because the workload of the one 
judge in Montana is very high right now.
  I had the honor of presenting both Sam Haddon and Richard Cebull to 
the Judiciary Committee, and now I have the high honor of speaking for 
them here on the floor of the Senate. They are without a doubt among 
Montana's finest. They are men of the land, but they are also men of 
the law. They come with the highest ratings from their peers, and they 
fully understand equal justice under law.
  Both are outdoorsmen. Both have labored in the vineyards, so to 
speak, of their profession, and I highly recommend their confirmation. 
I thank them for their willingness to serve the judiciary system, and I 
congratulate them and wish them well in their endeavors.
  I have no doubt in my mind, and neither should anyone in this body or 
the President of the United States, that these two men will serve in 
the highest traditions of the American judiciary. I congratulate them.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Virginia.
  Mr. WARNER. Mr. President, I ask unanimous consent I may speak for 30 
seconds.
  Throughout this procedure I worked hard in this case for Roger 
Gregory, of course, but I want to extend special recognition to my 
staff member, Christian Yiahilos, who has been untiring in his efforts 
in research and other matters relating to this nomination. I think we 
ought to recognize the valuable support we get from staff, including my 
chief of staff, Susan Magill.
  Mr. REID. Mr. President, this is truly a historic day for the Senate.
  For the first time in our history, this body will confirm an African 
American to serve on the United States Court of Appeals for the Fourth 
Circuit.
  The fact that the Fourth Circuit is home to the highest percentage of 
African American residents than all of the Circuit Courts of Appeals 
makes this day even more historic.
  More importantly, however, the man that the Senate has confirmed to 
the Fourth Circuit is truly deserving of this honor.
  Roger Gregory is not only a fine legal jurist, he is a good, decent 
man.
  I commend President Clinton for having the courage to make a recess 
appointment of Roger Gregory last year.
  I also commend President Bush for showing leadership by reappointing 
Judge Gregory earlier this year.
  I congratulate the Senate Judiciary Committee for its quick and 
unanimous action with respect to this nomination.
  Last year, I had the privilege and honor of recommending the first 
African American woman to serve on the U.S. Court of Appeals for the 
Ninth Circuit.
  Judge Johnnie Rawlinson has served the Ninth Circuit with 
distinction, and I cannot begin to tell you how proud I am, as are so 
many other fellow Nevadans.
  Roger Gregory will also bring honor and distinction to the United 
States Court of Appeals, and I wish him and his family all the best.
  I also congratulate Sam Haddon and Richard Cebull on their 
confirmation to the United States District Court for the District of 
Montana.
  The Haddon and Cebull nominations were also reported out of the 
Senate Judiciary Committee by a unanimous vote.
  Mr. President, this is so important, because it highlights what the 
nomination and confirmation process should be--bipartisan.
  There are too many vacancies in the Federal judiciary, and Democrats 
and Republicans--the Senate and the White House--must work together in 
a bipartisan fashion for the benefit of the federal judiciary and, 
ultimately, the American people.
  That is precisely what happened with these two highly qualified 
judges from Montana, a State that boasts a Democratic Senator in Max 
Baucus and a Republican in Conrad Burns.
  These two Senators, working closely with President Bush and the White 
House, put aside party differences for the benefit of the federal 
judiciary in Montana--and ultimately the people of Montana.
  They should be commended.
  The relationship between Senator Baucus and Senator Burns reminds me 
of what Senator Ensign and I have committed to do for the benefit of 
Nevada's federal bench.
  Recently, Senator Ensign recommended to President Bush several

[[Page 14027]]

candidates for the federal bench in Nevada: State District Judges Mark 
Gibbons and Jim Mahan, Las Vegas attorney Walter Cannon, and former 
Washoe County District Attorney Larry Hicks.
  Senator Ensign and I discussed every candidate before they were 
recommended to President Bush, and I fully support his selections.
  It has truly been a bipartisan approach with respect to the Federal 
bench in Nevada.
  Mr. President, that is how it should be.
  The ACTING PRESIDENT pro tempore. The Senator from Utah.
  Mr. HATCH. I am prepared to yield the remainder of my time. I know we 
are committed to a vote.
  Mr. LEAHY. Mr. President, I will yield back whatever time I may have, 
but first I ask unanimous consent it be in order to ask for the yeas 
and nays on the three judicial nominations and ask for the yeas and 
nays on all three of them en bloc now.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. LEAHY. Mr President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. LEAHY. I yield my time.
  The ACTING PRESIDENT pro tempore. All time is yielded back. Under the 
previous order, the Senate will now proceed to vote on Executive 
Calendar No. 250.
  The question is, Will the Senate advise and consent to the nomination 
of Roger L. Gregory, of Virginia, to be United States Circuit Judge for 
the Fourth Circuit? On this question, the yeas and nays have been 
ordered. The clerk will call the roll.
  The senior assistant bill clerk called the roll.
  Mr. REID. I announce that the Senator from Louisiana (Mr. Breaux) and 
the Senator from Arkansas (Mrs. Lincoln) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Arkansas (Mrs. Lincoln) would vote ``aye.''
  Mr. NICKLES. I announce that the Senator from Missouri (Mr. Bond), 
the Senator from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr. 
Inhofe), and the Senator from Arizona (Mr. McCain) are necessarily 
absent.
  I further announce that, if present and voting, the Senator from 
Oklahoma (Mr. Inhofe) would vote ``yea.''
  The PRESIDING OFFICER (Ms. Stabenow). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 93, nays 1, as follows:

                      [Rollcall Vote No. 244 Ex.]

                                YEAS--93

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Boxer
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lugar
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                                NAYS--1

       
     Lott
       

                             NOT VOTING--6

     Bond
     Breaux
     Brownback
     Inhofe
     Lincoln
     McCain
  The nomination was confirmed.
  Mr. LEAHY. Madam President, I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEAHY. Madam President, I understand the next two votes are 10-
minute votes.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. LEAHY. This Senator will ask for regular order as soon as the 10 
minutes is up.
  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to vote on Executive Calendar No. 245.
  The question is, Will the Senate advise and consent to the nomination 
of Sam E. Haddon, of Montana, to be a U.S. District Judge for the 
District of Montana? On this question, the yeas and nays have been 
ordered, and the clerk will call the roll.
  The legislative clerk called the roll.
  Mr. REID. I announce that the Senator from Louisiana (Mr. Breaux) is 
necessarily absent.
  Mr. NICKLES. I announce that the Senator from Missouri (Mr. Bond), 
the Senator from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr. 
Inhofe), and the Senator from Arizona (Mr. McCain) are necessarily 
absent.
  I further announce that if present and voting, the Senator from 
Oklahoma (Mr. Inhofe) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 95, nays 0, as follows:

                      [Rollcall Vote No. 245 Ex.]

                                YEAS--95

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Boxer
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McConnell
     Mikulski
     Miller
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--5

     Bond
     Breaux
     Brownback
     Inhofe
     McCain
  The nomination was confirmed.
  Mr. LEAHY. I move to reconsider the vote.
  Mr. BAUCUS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to vote on Executive Calendar No. 246.
  The question is, Will the Senate advise and consent to the nomination 
of Richard F. Cebull, of Montana, to be United States District Judge 
for the District of Montana? On this question, the yeas and nays have 
been ordered. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. REID. I announce that the Senator from California (Mrs. Boxer), 
the Senator from Louisiana (Mr. Breaux), and the Senator from Georgia 
(Mr. Miller) are necessarily absent.
  Mr. NICKLES. I announce that the Senator from Missouri (Mr. Bond), 
the Senator from Kansas (Mr. Brownback), the Senator from Arizona (Mr. 
McCain), and the Senator from Oklahoma (Mr. Inhofe) are necessarily 
absent.
  I further announce that, if present and voting, the Senator from 
Oklahoma (Mr. Inhofe) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 93, nays 0, as follows:

[[Page 14028]]



                      [Rollcall Vote No. 246 Ex.]

                                YEAS--93

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham
     Gramm
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--7

     Bond
     Boxer
     Breaux
     Brownback
     Inhofe
     McCain
     Miller
  The nomination was confirmed.
  Mr. LEAHY. Madam President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mrs. LINCOLN. Madam President, I am sorry; I was absolutely 
unavoidably detained. I did miss the first vote this morning by about 
20 seconds and would like to be on record in support of vote No. 244. 
Had I been here, I would have voted in the affirmative for the 
nomination of Mr. Gregory.
  Mr. HATCH. Mr. President, just prior to the vote on the nomination of 
Roger Gregory, Chairman Leahy made a couple of comments that require a 
response.
  Let me make it clear that I agree with President Bush's judgment that 
Judge Gregory is well qualified to serve as a judge on the Fourth 
Circuit Court of Appeals. I commend Senators Warner and Allen for their 
recommendation of Judge Gregory to President Bush. The controversy over 
his nomination by President Clinton, and his recess appointment in 
December 2000, had nothing to do with his qualifications. Rather, the 
controversy was over President Clinton's decision in late June of 
2000--in the last 6 months of his Presidency--to nominate a Virginia 
resident for a Fourth Circuit seat that has been regarded as belonging 
to North Carolina. In doing so, the President could not have doubted 
that his action would cause a great deal of discord in the Senate--
especially because it was done without consultation with both home-
state senators. I worked very hard to resolve the conflicts created by 
that nomination among the various interested parties. Unfortunately, 
the discord was only amplified by President Clinton's recess 
appointment that occurred after George Bush's election as President.
  In my view, all these facts are now in the past. President Bush, in a 
very significant gesture aimed at changing the tone in Washington, 
focused on Judge Gregory's qualifications and, with the support of 
Senators Warner and Allen, nominated Judge Gregory to a lifetime 
appointment. This was a clear gesture of bipartisanship by President 
Bush which is unprecedented in modern times. In the past 50 years, 
there has never been a case of which I am aware where a new President 
of one party has re-nominated a circuit judge originally nominated by 
the previous President of the other party.
  Chairman Leahy also made some remarks about how quickly he scheduled 
Judge Gregory's confirmation hearing. Indeed, he did so very soon after 
the Senate's organizational resolution was passed on June 29. However, 
this fact does not accurately describe the entirety of the Judiciary 
Committee's record on judicial nominees. Prior to the organizational 
resolution, Chairman Leahy did not hold a single hearing on any of 
President Bush's executive or judicial nominees. He implies that he 
could not have held such hearings without the organizational 
resolution. But that is not true. Between June 5 and June 29, at least 
seven other Senate committees under Democratic chairmen held a total of 
16 confirmation hearings on 44 nominees. One committee--Veterans' 
Affairs--even held a markup on a nomination. Further, the lack of an 
organizational resolution did not stop Chairman Leahy from holding 
hearings on such topics as the Federal Bureau of Investigation, racial 
disparities of capital punishment, and counsel competency requirements 
for death penalty cases. We also had a subcommittee hearing on 
injecting political ideology into the committee's process of reviewing 
judicial nominations. From this record, it appears that the decision 
not to hold hearings on nominees was simply a calculated tactic to 
delay President Bush's nominees.
  The Judiciary Committee's comparative lack of progress continues to 
this day. Since the reorganization was completed, other committees have 
considered nominees at a much faster pace. For example, the Foreign 
Relations Committee on July 10 held a markup on 16 nominees. In 
contrast, the Judiciary Committee has considered only three of the 
pending Bush judicial nominees and only three Department of Justice 
nominees.
  As of this morning, we have 111 vacancies in the Federal district and 
circuit courts, including a number on the Fourth Circuit. I encourage 
Chairman Leahy to start scheduling frequent hearings and markups for 
these nominees. I look forward to working closely with him to review 
and confirm President Bush's nominees in a timely fashion.
  If Chairman Leahy believes that I, as Chairman, did not move Clinton 
nominees and was unfair--which the facts and the record clearly show 
otherwise--then I would hope he would do the right thing and move 
nominees at a faster pace than I did.

                          ____________________