[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[Senate]
[Pages 22332-22334]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. LEAHY. Mr. President, today, we vote to confirm 5 district court 
nominees, including 4 nominees to the U.S. district courts in New York.
  With today's confirmations, the Senate will now have confirmed 151 
judicial nominees for this President. This

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stands in stark contrast to what occurred with judicial nominees during 
the Clinton administration. More than 3 years passed during President 
Clinton's second term, when Republicans controlled the Senate, before 
the 150th judicial nominee was confirmed. It also took more than three 
years from when the Republicans gained control of the Senate majority 
in 1995 to confirm 150 judges for President Clinton.
  Moreover, this President's nominees have been considered more 
expeditiously than were his father's or President Reagan's. It took 
President Reagan, during his first term, almost to the end of his 
fourth year to get 150 of his judicial nominees confirmed, and that was 
with a Senate that was controlled by the same party. President Reagan's 
150th judicial nominee was not confirmed until September 17, 1984. It 
also took President George H.W. Bush well into his fourth year to get 
150 of his judicial nominees confirmed. His 150th judicial nominee was 
not confirmed until April 8, 1992.
  In contrast with the shifts in Senate control, it has effectively 
taken just 2 years of rapid Senate action to confirm 150 judicial 
nominees for this President. The fast and fair pace at which this 
Senate has considered this President's nominees is also demonstrated by 
how many circuit court nominees have been confirmed. We have now 
confirmed 28 circuit court nominees for President Bush since July of 
2001, which is more than were confirmed at this time in the third year 
of President Reagan's first term, President George H.W. Bush's term, or 
either of President Clinton's terms.
  In contrast to how President Clinton's nominees were treated, the 
confirmation process for these 5 district court nominees has been 
expeditious and smooth. The 4 New York nominees come to us with broad 
bipartisan support, including the support of their two home-state 
Senators. Their confirmations today show how cooperation can work to 
fill vacancies on the Federal bench with qualified, experienced and 
diverse candidates.
  All four New York nominees were given hearings at the end of July 
under an agreement that allowed them to be on a hearing on an expedited 
basis. This was an example of how the Democratic members of the 
Judiciary Committee cooperated with the President and with the 
Committee's Republican majority. Given the nominees' bipartisan 
support, I expect them to be unanimously confirmed today.
  New York is an example of how a bipartisan process can work right to 
equip the Federal bench with excellent and moderate judges. All 4 of 
these nominees have impressive legal careers, and received the highest 
rating from the American Bar Association.
  Justice Feuerstein, nominated to the Eastern District of New York, 
currently serves as a justice in the New York State Appellate Division 
and has served as a judge in the New York State court system for 
approximately 15 years. Justice Feuerstein also has a distinguished 
record of service as a judge beyond her work on the bench, including 
serving as director of the Nassau County Bar Association and as 
president of the Women's Bar Association of the State of New York.
  Mr. Castel, Mr. Holwell, and Mr. Robinson, nominated to the U.S. 
District Court for the Southern District of New York, all have 
significant litigation experience as well as commendable records of 
providing legal services to disadvantaged persons. Peter Castel is 
currently a partner at Cahill Gordon & Reindel and has litigated there 
for over 20 years. Among other civic activities, Mr. Castel has served 
on the board of directors for the Legal Aid Society.
  Richard Holwell has been practicing for over 31 years as a litigation 
attorney with White and Case in New York, where he has served as 
executive partner of the global litigation practice and a member of the 
firm's management board. He has dedicated hundreds of hours to pro bono 
activities every year, and received a Pro Bono Award from the NAACP 
Legal Defense and Education Fund for his services.
  Stephen Robinson has significant experience in litigation and 
investigations. He served as the first African-American U.S. Attorney 
for Connecticut, appointed by former President Clinton, from 1998 to 
2001. Prior to that, he had served as a litigator in private practice, 
as an Assistant U.S. Attorney in the Southern District of New York, and 
as a counsel and special assistant to the Director of the FBI. Mr. 
Robinson has also served as secretary and a member of the board of 
directors of MFY Legal Services, an organization that provides legal 
services to the poor.
  David Proctor is nominated to the U.S. District Court for the 
Northern District of Alabama, and comes to us with experience as a 
private practice attorney and the support of both of his home-state 
Senators. Mr. Proctor is filling a new position that was just created 
on July 15, 2003.
  Finally, I would like to point out that there are now more active 
George W. Bush appointees on the bench than there are active George 
Herbert Walker Bush appointees. The President's father served 4 full 
years. This President has served less than 3 and already has made as 
much impact on the Federal courts across the country.
  We are glad that the Republican leadership has now agreed to confirm 
these consensus nominees. We have and will continue to work with the 
Republican leadership and Administration. We would like to be more 
helpful in the President's identification of nominees and advising him 
on the selection of consensus nominees so that we can join together in 
adding those confirmations to the 151 achieved as of today.
  The PRESIDING OFFICER. Is all time yielded back?
  Mr. LEAHY. I yield back the remainder of my time.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of R. David Proctor, of Alabama, to be United 
States District Judge for the Northern District of Alabama? The yeas 
and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Utah (Mr. Hatch) is 
necessarily absent.
  I further announce that the Senator from Oregon (Mr. Smith) is absent 
because of a death in the family.
  I further announce that if present and voting, the Senator from Utah 
(Mr. Hatch) would vote ``yea''.
  Mr. REID. I announce that the Senator from North Carolina (Mr. 
Edwards), the Senator from Florida (Mr. Graham), the Senator from South 
Carolina (Mr. Hollings), the Senator from Massachusetts (Mr. Kerry), 
the Senator from Connecticut (Mr. Lieberman), and the Senator from 
Georgia (Mr. Miller) are necessarily absent.
  I further announce that if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea''.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 92, nays 0, as follows:

                      [Rollcall Vote No. 352 Ex.]

                                YEAS--92

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     Dayton
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--8

     Edwards
     Graham (FL)
     Hatch
     Hollings
     Kerry
     Lieberman
     Miller
     Smith
  The nomination was confirmed.

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