[Congressional Record (Bound Edition), Volume 149 (2003), Part 16]
[Senate]
[Pages 22504-22505]
[From the U.S. Government Publishing Office, www.gpo.gov]




 NOMINATION OF HENRY F. FLOYD, OF SOUTH CAROLINA, TO BE UNITED STATES 
           DISTRICT JUDGE FOR THE DISTRICT OF SOUTH CAROLINA

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to consider the nomination of Henry F. Floyd, which the clerk 
will report.
  The legislative clerk read as follows:

       The nomination of Henry F. Floyd, of South Carolina, to be 
     United States District Judge for the District of South 
     Carolina.

  The PRESIDING OFFICER. Under the previous order, there will be a 
period of 2 minutes of debate equally divided prior to the vote.
  Mr. HOLLINGS. Mr. President, I rise to encourage my colleagues to 
vote for Henry Floyd to be a judge on the United States District Court 
for the District of South Carolina.
  Judge Floyd is known throughout my State as a fine, fair, and even-
handed jurist. There is no question a good judge has to possess a 
balanced judicial temperament. Judge Floyd showed as a State circuit 
court judge he is balanced. He has presided over complex class action 
litigation; felony criminal cases including capital murder cases; cases 
with difficult constitutional issues, and everything else like that. By 
all accounts, he has applied the law fairly, and the South Carolina Bar 
supports him.
  This nominee also has a breadth of experience as a private 
practitioner, representing civil and criminal clients in all sorts of 
matters; he was a lieutenant in the Army; and he was a South Carolina 
State legislator. He obviously is well qualified.
  I think our colleagues on both sides of the aisle will find it 
refreshing to vote on a nominee who doesn't make us quarrel over 
religion, or advance any political agenda, and who answers our 
questions. For 37 years, Senator Thurmond and I practiced bipartisan 
cooperation in filling South Carolina's Federal bench. I thank Senator 
Graham for continuing in this collegial tradition.
  Mr. GRAHAM of South Carolina. Mr. President, Henry Floyd was the 
first person I thought of when a district court judgeship came open in 
South Carolina. I am pleased that the Senate has confirmed him today. 
Prior to becoming involved in politics, I had the good fortune of 
practicing before Judge Floyd on a number of occasions. He is the model 
of judicial temperament; learned, objective, and courteous.
  A product of some of our State's finest educational institutions, 
Judge Floyd received his undergraduate degree at Wofford College and 
his law degree from the University of South Carolina. In 1992, after a 
decade of very successful private practice, he assumed the bench as a 
judge on the Thirteenth Judicial Circuit Court of South Carolina. Since 
that time, Judge Floyd has presided over several South Carolina's most 
controversial cases with skill and professionalism.
  It was a pleasure to recommend Judge Floyd to President Bush. I 
wanted my first recommendation to be an example of how our judicial 
nominations process should work. We should seek only the best for the 
Federal judiciary. I believe my first recommendation fits that 
criterion.
  I'm confident Judge Floyd will demonstrate the highest degree of 
professionalism and serve our State and Nation well. Judge Floyd has an 
exceptional legal mind, impeccable character, and a legacy of fair 
application of the law. He is a fine man and will be a great addition 
to the Federal bench.
  Mr. HATCH. Mr. President, I am pleased today to speak in support of 
Henry Floyd, who has been confirmed for the United States District 
Court for the District of South Carolina.
  Judge Floyd has had a stellar legal career on both sides of the 
bench. He served as a private practice litigator for 19 years before 
being elevated to the 13th Judicial Circuit of South Carolina in 1992, 
where he currently sits. He has also served as a 1st Lieutenant in the 
U.S. Army and as a member of the South Carolina House of 
Representatives.
  During his tenure in private practice, Judge Floyd specialized in 
civil, criminal, and domestic relations litigation, with a general 
practice of deeds, wills, and estates, and real estate closings. He 
represented regulated utilities, including an electric cooperative, 
municipalities, and the County of Pickens.

[[Page 22505]]

  Judge Floyd served on the Board of Commissioners on Grievances and 
Discipline, which was empowered to deal with complaints against members 
of the bar in the State and to make certain recommendations for 
disciplinary conduct.
  Since his elevation to the bench, Judge Floyd has also been 
designated to sit as an Acting Justice on the South Carolina Supreme 
Court from time to time.
  Judge Floyd is an extremely well-qualified nominee. He brings more 
than 30 years of legal experience to the Federal bench. I am confident 
that he will be a fine addition to the bench and urge my colleagues to 
support his nomination.
  Mr. HOLLINGS. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Henry F. Floyd, of South Carolina, to be United States District 
Judge for the District of South Carolina? On this question the yeas and 
nays have been ordered and the clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from New Hampshire (Mr. 
Gregg), the Senator from Alaska (Ms. Murkowski), and the Senator from 
Pennsylvania (Mr. Specter) are necessarily absent.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the 
Senator from North Carolina (Mr. Edwards), the Senator from Florida 
(Mr. Graham), the Senator from Massachusetts (Mr. Kerry), the Senator 
from Connecticut (Mr. Lieberman), the Senator from Arkansas (Mrs. 
Lincoln), the Senator from Maryland (Ms. Mikulski), and the Senator 
from Georgia (Mr. Miller) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kerry) and the Senator from Arkansas (Mrs. Lincoln) 
would each vote ``yea''.
  The PRESIDING OFFICER (Mr. Chambliss). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 89, nays 0, as follows:

                      [Rollcall Vote No. 355 Ex.]

                                YEAS--89

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     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
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lott
     Lugar
     McCain
     McConnell
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--11

     Biden
     Edwards
     Graham (FL)
     Gregg
     Kerry
     Lieberman
     Lincoln
     Mikulski
     Miller
     Murkowski
     Specter
  The nomination was confirmed.

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