[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[Senate]
[Pages 17439-17445]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 F_____
                                 

 NOMINATION OF VIRGINIA MARIA HERNANDEZ COVINGTON TO BE UNITED STATES 
           DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF FLORIDA

                                 F_____
                                 

 NOMINATION OF MICHAEL H. SCHNEIDER, SR., TO BE UNITED STATES DISTRICT 
                JUDGE FOR THE EASTERN DISTRICT OF TEXAS

  The PRESIDING OFFICER. The clerk will report the nominations.
  The assistant legislative clerk read the nominations of Virginia 
Maria Hernandez Covington, of Florida, to be United States District 
Judge for the Middle District of Florida, and Michael H. Schneider, 
Sr., of Texas, to be United States District Judge for the Eastern 
District of Texas.
  The PRESIDING OFFICER. Who yields time?
  Mr. HATCH. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HATCH. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HATCH. Mr. President, I ask unanimous consent the last 5 minutes 
of debate be granted to the two Senators from Texas.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, this will be counted against the time for 
the majority; is that right?
  Mr. HATCH. Yes.
  Mr. President, I am pleased that the Senate is turning its attention 
to the confirmation of judges this evening. The record will note that 
the Senate Judiciary Committee has worked hard to ensure President 
Bush's judicial nominees have been given the appropriate scrutiny. I 
have also made every effort to ensure fair treatment of the nominees. 
While there has been a bit of obstructionism in the advice and consent 
process, including unprecedented filibusters, we have made significant 
progress.
  During the 107th Congress, during which the Democrats held the 
majority for most of the Congress, the Senate confirmed 100 of 
President Bush's nominees. Thus far, in the 108th we have confirmed 98, 
and with the expected confirmation of these judges, we

[[Page 17440]]

will match the record established by Senator Leahy. I recognize him for 
the good work he has done on many of the nominees and thank him for his 
cooperation as ranking member. There is still some work to be done, and 
I am hopeful that additional nominees will be confirmed by this Senate. 
Our Senators certainly deserve that kind of consideration.
  Today I rise in support of the nomination of Virginia Maria Hernandez 
Covington to the United States District Court for the Middle District 
of Florida. Judge Covington is the first Cuban-American woman ever 
appointed to Florida's appellate courts and is currently the highest-
ranking Hispanic woman serving in Florida's judiciary.
  After graduating from Georgetown University Law Center, where she was 
the editor of the Tax Lawyer law review, Judge Covington began her 
career in public service as a trial attorney for the Federal Trade 
Commission. She then moved to Florida to work as an assistant state 
attorney for Hillsborough County, FL. In 1983, she was appointed 
Assistant U.S. Attorney for the Middle District of Florida, and 
eventually was promoted to Chief of that District's asset forfeiture 
section. In 2001, Governor Jeb Bush appointed her to Florida's Second 
District Court of Appeal, where she has served with great distinction.
  While serving as an Assistant U.S. Attorney, Judge Covington lectured 
extensively on asset forfeiture, money laundering, and complex 
prosecutions to prosecutors and law enforcement personnel throughout 
the United States. She also lectured, taught and participated in 
seminars on trial advocacy practice and procedure with prosecutors, law 
enforcement personnel, and judges in Chile, Argentina, Mexico, 
Venezuela, Colombia, Costa Rica, and Honduras. As a U.S. Department of 
Justice liaison, she also helped the Bolivian government establish its 
narcotics-related asset forfeiture program.
  Judge Covington's professional and civic work has won her respect and 
recognition throughout central Florida. Most recently, she was honored 
as the 2003 Hispanic Woman of the Year by Tampa Hispanic Heritage 
Incorporated.
  Judge Covington was reported from our Committee without opposition, 
and I am confident that she will serve with distinction as a Federal 
judge. The ABA Committee agrees, unanimously rating her ``Well 
Qualified'' for the Federal bench. There is absolutely no reason to 
delay her confirmation to the Middle District of Florida, and I urge my 
colleagues to join me in voting to confirm her.
  I am also pleased to speak in support of Michael H. Schneider, Sr., 
who has been nominated to the United States District Court for the 
Eastern District of Texas.
  Judge Schneider has had a distinguished legal career. He began his 
career more than 30 years ago as an assistant district attorney in the 
Harris County District Attorney's Office, with a particular emphasis on 
economic crimes. After 4 years there, he entered the private sector, 
working for various industries--including the Union Pacific Railroad 
Company where he served as its General Solicitor. In 1989, he joined 
the law firm of McFall & Sartwelle, LLP, as a trial attorney. He 
litigated cases involving products liability defense, commercial torts 
and commercial fraud cases. To date, he has tried approximately 150 
cases to a verdict. That is more than most attorneys even dream of 
trying.
  In 1990, Judge Schneider became the presiding judge of the 157th 
District Court in Harris County, TX. From 1996 until 2002, he served as 
the chief justice of the Texas First Court of Appeals in Houston. In 
2002, Governor Rick Perry appointed him to the Supreme Court of Texas. 
Justice Schneider was subsequently elected to a term that expires in 
2008.
  Judge Schneider brings a wealth of experience to the federal bench. 
Aside from a law degree from the University of Houston, he also earned 
his LLM from the University of Virginia School of Law. The ABA has 
rated him unanimously ``Well Qualified,'' and I am confident that he 
will be an excellent addition to the federal bench in the Eastern 
District of Texas.
  Following the two scheduled rollcall votes this evening, we will turn 
to the confirmation of Michael Watson, who has been nominated to the 
United States District Court for the Southern District of Ohio. I am 
hopeful that we can quickly conclude debate on this nomination and move 
promptly to a vote of approval for Judge Watson.
  Judge Michael Watson began his legal career as a law clerk and 
bailiff to the Honorable Tommy L. Thompson of the Franklin County Court 
of Common Pleas in Ohio. He litigated a broad range of civil and 
criminal cases before joining the Ohio Department of Commerce as its 
chief legal counsel, where he served until 1992. He then joined the 
staff of the Office of the Governor as deputy chief legal counsel, and 
was promoted to chief legal counsel in 1994.
  On January 1, 1996, then-Governor George Voinovich appointed Judge 
Watson to the Franklin County Court of Common Pleas. Judge Watson was 
subsequently re-elected and, in 2003, Governor Bob Taft appointed him 
to Ohio's Tenth District Court of Appeals, where he currently serves.
  Judge Watson brings a wealth of trial and appellate experience to the 
federal bench. A substantial majority of the ABA Committee rated him 
``Qualified'' for this nomination to the federal bench, and I am 
confident that he will make a fine jurist. I urge my colleagues to vote 
to confirm him to the Southern District of Ohio.
  Mr. President, I reserve the last 5 minutes.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, what is the parliamentary situation?
  The PRESIDING OFFICER. The Senate is in executive session.
  Mr. LEAHY. How much time is reserved for the Senator from Vermont?
  The PRESIDING OFFICER. Fifteen minutes.
  Mr. LEAHY. I thank the distinguished Presiding Officer. I will not 
use all of that time because I know a score of Senators support the 
nomination of Judge Covington. All Democratic members of the Senate 
Judiciary Committee voted in favor of her nomination.
  The selection of Judge Covington is an example of what happens when 
the judicial nominations process works as it should. She was 
interviewed and recommended by a Florida bipartisan judicial selection 
commission. Both Republicans and Democrats supported her. Her two home-
State Senators strongly support her, and I do too.
  Today Democrats and Republicans join together in considering the 
nomination of Virginia Maria Hernandez Covington to the U.S. District 
Court for the Middle District of Florida. The Florida Senators support 
the nomination of Judge Covington and all Democratic Members of the 
Senate Judiciary Committee voted in favor of her nomination.
  The selection of Judge Covington to be the nominee for the Southern 
District of Florida serves as an example of how the judicial 
nominations process should work. She was interviewed and recommended by 
Florida's bipartisan judicial selection commission. This selection 
commission was created by Senators Graham and Nelson in a negotiated 
agreement with the White House and it has produced talented and well-
respected attorneys for the lifetime appointments on the district 
courts in Florida. I congratulate the Senators from Florida for their 
efforts to maintain this important mechanism for promoting experienced 
and consensus candidates for the federal bench, despite the resistance 
of the White House to this time-tested procedure for finding qualified 
and consensus nominees.
  Judge Covington currently serves as Judge for the Second District 
Court of Appeals in Florida, one of five appellate districts in 
Florida. She has served as an appellate judge since her appointment by 
Governor Bush in September 2001. She previously worked as a federal 
prosecutor and spent nearly 20 years with the U.S. Attorney's Office 
for the Middle District of Florida.
  Judge Covington is highly regarded. I supported her nomination in the 
Judiciary Committee and I voted to report

[[Page 17441]]

her nomination favorably from the Judiciary Committee. This is a 
nomination that was reported unanimously. Although it is after Labor 
Day and well past the time when Republicans traditionally shut down the 
judiciary confirmation process under the ``Thurmond Rule,'' I expect 
that Democrats will continue our good faith efforts.
  With today's unanimous consent agreement for votes on Judge Covington 
and another judicial nominee from Texas, the Senate will have confirmed 
200 judicial nominees of President Bush. In 17 months of a Democratic 
majority in the Senate, we confirmed 100 of his judicial nominees, and 
now with a total of 26 months of Republican control of the Senate, 
another 100 of Bush's judicial nominees have been confirmed.
  Despite all of the complaining by the President and his partisans, 
the fact of the matter is that with today's votes the Senate will have 
approved 200 of his judicial nominees. He has appointed more judges 
than President Ronald Reagan did in his first term, more than his 
father did in his presidency and more than President Clinton did in his 
most recent term in office. Thanks to the bipartisanship demonstrated 
by Senate Democrats, we have reached the lowest number of vacancies in 
the federal courts since the Reagan era. With today's confirmation 
votes there will be only 26 open seats in the entire federal bench, and 
there are more federal judges serving today than at any time in our 
history.
  The Senate has withheld its consent from some of this President's 
most extreme and unfair nominations but nowhere near the number of 
moderate Clinton nominees that Republicans stalled in recent years.
  Democrats have supported the swift confirmation of 20 of President 
Bush's Latino nominees, including three Latinos to the circuit courts, 
Judge Carlos Bea, Judge Consuelo Callahan, and Judge Edward Prado. 
Indeed, it was Senate Democrats who pressed for votes on Judge Prado 
and Judge Callahan while Republicans delayed them. Republicans also 
blocked four of President Clinton's Hispanic judicial nominees from 
ever being considered and delayed others for hundreds of days. Judge 
Richard Paez was forced to wait more than 1,500 days--longer than any 
nominee in history--to get a vote on his nomination. President Clinton 
named 11 Latino nominees for the circuit courts and Republicans blocked 
three of them, Jorge Rangel, Enrique Moreno, and Christine Arguello, as 
well as district court nominee Ricardo Morado.
  Less than 10 percent of President Bush's judicial nominees are 
Latino, even though this is a diverse ethnic group which constitutes a 
larger and growing percentage of the U.S. population. In fact, 
President Bush has nominated more people who have been involved with 
the Federalist Society than Latinos, African Americans, and Asian 
Americans combined. This disparity demonstrates that this President is 
less concerned about creating a federal judiciary of excellent, fair 
judges who reflect the racial and ethnic diversity of our people and 
more concerned about ideological purity and finding nominees who are 
likely to side with the President on his political agenda. It is 
notable that over the last year this President has failed to nominate a 
single Hispanic to the circuit court positions he prizes. By contrast 
at least six of the nine circuit court nominations this President has 
made during the last year are affiliated with the Federalist Society. 
This Administration has shown that it is committed to packing the 
courts with individuals who will shape the bench according to narrow 
ideological goals. Democrats have resisted this President's most 
extreme nominees to preserve federal courts that are fair, balanced and 
independent.
  Mr. President, I would like to speak briefly about Texas Supreme 
Court Justice Michael Schneider, who has been nominated to the U.S. 
District Court for the Eastern District of Texas. I first met him when 
I served as the State's Attorney in Chittenden County.
  As I rushed back here for the votes, I ran into Justice Schneider, 
who reminded me of the day we first met. I recall the day very well and 
when he was here for his hearing earlier this summer I told my staff 
about his work as a fellow prosecuting attorney years ago. I remember 
the time he and my dear friend Carol Vance, who was the district 
attorney in Harris County, came to Vermont in 1974. We had a meeting of 
the National District Attorneys Association and the consumer fraud 
units at Sugar Bush in Vermont. I recall talking with him about the 
problem of fraud and other white-collar crimes.
  I would also noted that the district attorney of Harris County was a 
close friend of mine and spoke very highly about then Mr. Schneider's--
Justice Schneider's--reputation as a conservative but fair-minded 
judge. His confirmation will fill the last remaining vacancy currently 
open on the Federal district courts in Texas.
  I wish the White House would recognize that so many of President 
Bush's judicial nominees, including Texans, have been confirmed in 
contrast to the treatment of judicial nominees by members of the 
President's party who blocked more than 60 of President Clinton's 
judicial nominees including Texans whose nominations were subject to 
lengthy delays or defeated by delays by the Republicans. The 
distinguished chairman will recall how the Republicans many times by 
just a one-person filibuster within committee delayed and defeated the 
nominations of Enrique Moreno, Judge Jorge Rangel, Ricardo Morado, and 
Judge Michael Schattman. None of these four nominees from Texas ever 
got a vote in the Judiciary Committee or on the floor. I mention that 
because it was my intention not to treat President Bush's nominees 
unfairly, and today's vote on the nomination of Justice Schneider 
demonstrates that we have been far more fair. That is why I have gone 
forward with Michael Schneider.
  Today, September 7, the Senate considers the nomination of Michael 
Schneider to the U.S. District Court for the Eastern District of Texas. 
Justice Schneider has served on the Supreme Court of Texas for two 
years. Including his 12 years of service as a trial and appellate judge 
and his part-time position at a municipal court, Justice Schneider has 
served as a judge in one capacity or another for 25 years.
  Justice Schneider served as Assistant District Attorney for Harris 
County, from 1971 to 1975. I also remember first meeting this nominee 
when I was serving as State's Attorney for Chittenden County and Mr. 
Schneider was a defense attorney working on cases involving fraud, 
organized crime and other white collar crimes. Throughout his career, 
Justice Schneider has demonstrated a commitment to serving those less 
fortunate, by developing a mock trial program at a school in an 
impoverished neighborhood, participating in Habitat for Humanity 
projects, establishing alternative dispute resolution programs, and 
working with the State Bar of Texas to increase access to justice.
  Justice Schneider has a reputation as a conservative, but fair-minded 
judge. In general, his opinions have focused on statutory 
interpretation, proper trial procedures, and the rule of law. Justice 
Schneider's confirmation will mark the 16th district court nominee of 
President Bush's from the State of Texas who has received a hearing 
before the Senate Judiciary Committee and has been confirmed. This 
nomination will fill the last remaining vacancy on the Texas federal 
district courts. Of course, we have not heard and likely will not hear 
a single word of appreciation from the White House that all 16 men and 
women the President has nominated to the federal trial courts in Texas 
have been confirmed by the Senate.
  Our bipartisanship toward his nominees stands in marked contrast to 
the fate of many of President Clinton's nominees from Texas, who were 
blocked and delayed by the Republican majority, including Enrique 
Moreno and Judge Jorge Rangel, Ricardo Morado; and Judge Michael 
Schatt- man. While Republicans blocked these Texas nominees along with 
more than 60 other Clinton judicial nominees,

[[Page 17442]]

Senate Democrats have by contrast acted fairly and expeditiously toward 
President Bush's judicial nominees. The treatment of Judge Schneider's 
nomination stands in stark contrast to how Texans nominated by 
President Clinton were treated.
  After Judge Jorge Rangel, disappointed with his treatment at the 
hands of the Republican majority, asked President Clinton not to 
resubmit his nomination for endless delay, President Clinton nominated 
Enrique Moreno, a distinguished attorney in private practice in El 
Paso, Texas and a native of Mexico. Mr. Moreno is a graduate of Harvard 
University and the Harvard Law School. He was given the highest rating 
of unanimous ``Well Qualified'' by the ABA. Mr. Moreno's nomination 
languished for 15 months, with President Clinton renominating him at 
the beginning of 2001. President Bush missed one of many opportunities 
for bipartisanship when he withdrew that nomination and, instead, sent 
the Senate the divisive nomination of Priscilla Owen.
  In addition to defeating the district court nomination of Judge 
Michael Schattman by inaction, Republicans delayed confirmation of 
Judge Hilda Tagle for more than two a half years with no explanation 
for their actions. When Ricardo Morado was nominated to the district 
court by President Clinton on May 11, 2000, Republican Senators 
indicated that this was just too late in an election year for him to be 
confirmed. In contrast, Justice Schneider was nominated later in the 
year than Richard Morado, on May 17, 2004. Senate Democrats are, again, 
demonstrating their extraordinary good faith with respect to this 
nomination in light of recent Republican excesses.
  This confirmation is taking place in September of a presidential 
election year, which is long past the deadline for action under the 
``Thurmond Rule.'' In July 1980, Republican presidential candidate 
Ronald Reagan asked Senate Republicans, then in the minority, to stop 
confirming the judicial nominees of President Carter. Senator Strom 
Thurmond, who was then the Ranking Member of the Judiciary Committee, 
was happy to oblige. Republicans were able to accomplish this blockade 
with only a few exceptions that required Republican consent. Senate 
Republicans have adhered to this rule with a Democratic President, 
whether they were in the minority, as in 1980, or the majority, as in 
1996 and 2000. Although vacancies were much higher in those years than 
today, Republicans insisted on maintaining judicial vacancies to be 
filled by the President elected in the coming fall election.
  With today's unanimous consent agreement for votes on two district 
court nominees including Judge Schneider, the Senate will have 
confirmed 200 judicial nominees of President Bush. In 17 months of a 
Democratic majority in the Senate, we confirmed 100 of his judicial 
nominees, and now with a total of 26 months of Republican control of 
the Senate another 100 judicial nominees have been confirmed.
  Despite all of the complaining by the President and his partisans, 
the fact of the matter is that with today's votes the Senate will have 
approved 200 of his judicial nominees. He has appointed more judges in 
his first term than President Ronald Reagan did in his first term, more 
than his father did in his presidency and more than President Clinton 
did in his most recent term in office. Thanks to the bipartisanship 
demonstrated by Senate Democrats, we have reached the lowest number of 
vacancies in the federal courts since the Reagan era. With today's 
confirmation votes, there will be only 26 open seats in the entire 
federal bench, and there are more federal judges serving today than at 
any time in our history.
  The Senate has withheld its consent from some of this President's 
most extreme and unfair nominations but no where near the number of 
moderate Clinton nominees that Republicans stalled in recent years.
  I congratulate Justice Schneider and his family on his confirmation.
  Finally, I note today is the 7th day of September and we are way 
beyond what is called the ``Thurmond Rule.'' It was back in July of 
1980 when Ronald Reagan, who was not yet President but was running for 
that office sought to stop any more judicial nominees of President 
Carter from being confirmed. The Republicans were actually in the 
minority in the Senate but candidate Reagan asked Senator Thurmond, who 
was the Ranking Member of the Senate Judiciary Committee which was led 
by Chairman Kennedy, to block any more nominees from being confirmed 
for the remainder of the year. Senator Thurmond happily obliged and 
from July 1980 until the end of the year the only judicial nominees 
confirmed were those who had the consent of the Majority Leader and the 
Minority Leader and the Chairman and Ranking member of the Senate 
Judiciary Committee. All of President Carter's other judicial nominees 
were blocked and defeated without votes.
  The ``Thurmond Rule'' is that after July or the nominating 
conventions no more judges will be confirmed in a Presidential election 
year unless there is consent. Today's vote on Justice Schneider 
actually will be one of the last votes, as we all know. But it is an 
interesting thing. I note that every year where there has been a 
Democratic President, Republicans have adhered to the Thurmond rule as 
though it was handed down from on Mount Olympus. The Olympian heights 
of that standard, precedent and history somehow have changed when there 
was a Republican in the White House. Now that there is a Republican in 
the White House, we have heard little about this precedent from 
Republicans even though it was sheer gospel to them when there was a 
Democratic President.
  Having said that, I fully support the confirmation of Judge Virginia 
Maria Hernandez Covington and that of Justice Michael Schneider.
  I withhold the remainder of time.
  I suggest the absence of a quorum and ask unanimous consent that the 
time run equally.
  Mr. HATCH. Mr. President, I have to reserve the right of the two 
Senators from Texas, if my friend will permit it.
  Mr. LEAHY. We are trying to reserve time for the Senator from 
Florida. I am sure between the Senator from Utah and the Senator from 
Vermont we can make the appropriate unanimous consent request. It is 
obvious the Senator from Texas should be heard, and obviously the 
Senator from Florida should be.
  Mr. HATCH. Mr. President, I agree with that. We can work it out.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the order for 
the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CORNYN. Mr. President, I want to express my strong support for 
the nomination of Justice Michael Schneider to serve on the District 
Court for the Eastern District of Texas.
  First, I say thank you to the chairman of the Judiciary Committee, 
Senator Hatch, as well as the ranking member, Senator Leahy, for 
working with us to try to fill this important vacancy in the Eastern 
District of Texas.
  The vacancy that will be filled by this nomination was created by the 
untimely passing of Chief Judge John H. Hannah, Jr. Judge Hannah was a 
good man and a distinguished jurist. His family's loss was also a great 
loss to the State of Texas.
  I have enjoyed working with Judge Hannah throughout his career. I 
recall working with him on a variety of matters when he served as 
secretary of state of Texas from 1991 to 1994. And Senator Hutchison 
and I worked closely with him just last year on legislation to 
authorize the Eastern District of Texas to hold court in the city of 
Plano. That bill, S. 1720, was important to Judge Hannah, who always 
worked hard to serve the citizens of the Eastern District. He passed 
away the day after the President signed that legislation into law.
  The death of Judge Hannah leaves some big shoes to fill, but 
President Bush could not have filled them better

[[Page 17443]]

than with the nomination of Texas Supreme Court Judge Michael Haygood 
Schneider.
  Justice Schneider will bring to the Federal district court the 
wisdom, judgment, and experience of over a quarter century of service 
on the bench. He understands--as any good judge must--that the duty of 
a judge is to interpret the law, not to legislate from the bench.
  Justice Schneider has held virtually every position in the State 
court system that Texas has to offer. From 1978 to 1990, he served on 
the West University Place Municipal Court. Then, he served on the 157th 
District Court of Texas, located in Houston, until 1996. Next, he 
became Chief Justice of the First Court of Appeals in Houston. He 
served there until 2002, when he was appointed Justice of the Supreme 
Court of Texas, where I once served. He has been honored as both Trial 
Judge of the Year and Appellate Judge of the Year by the Texas 
Association of Civil Trial and Appellate Specialists.
  In addition to this extraordinary record of judicial service, Justice 
Schneider also served the people of Texas in the role of Assistant 
District Attorney for Harris County. Justice Schneider is a graduate of 
Stephen F. Austin State University, the University of Houston College 
of Law, and--more recently--the LL.M. program of the University of 
Virginia Law School. And he has a distinguished record of civic 
involvement.
  Justice Schneider's reputation as an exceptional jurist and a true 
gentleman is well known throughout the State of Texas. It is also well 
known by the American Bar Association, which gave him its highest 
rating, when its standing committee on the Federal Judiciary 
unanimously certified him as ``well qualified'' for the Federal bench. 
And his nomination enjoys broad bipartisan support across the State of 
Texas. For example, Susan Hays, who chairs the Dallas County Democratic 
Party, has written a strong letter of support.
  Justice Schneider is also a humble man. His profile on the Texas 
Supreme Court's website points out that ``[h]e held a variety of jobs 
during college and law school,'' including ``searching titles at a 
major oil company, managing apartments, driving ambulances, operating a 
school bus for disabled children, working at a funeral home, teaching 
school, delivering milk, clerking for a law firm, managing a college 
cafeteria, serving as a waiter, bell hopping at a hotel, and serving as 
an intern at the United States Attorney's Office.'' I'm tempted to ask 
him which of these jobs best prepares him for life as a Federal 
district judge.
  I am pleased that the President has nominated Justice Schneider to 
serve on the Eastern District of Texas, and I look forward to his 
service on the Federal bench in the great State of Texas.
  Daniel Webster said that justice is the greatest desire of man on 
Earth. It is, I suppose, the reverence we have for the aspiration of 
justice that we honor men and women by allowing them to wear a black 
robe and to judge us.
  Justice Schneider, as the chairman of the Judiciary Committee has 
already noted, has had a distinguished judicial career of having served 
at all levels of the Texas State judiciary. Beyond that, Justice 
Schneider has a reputation for being a gentleman, being an honorable 
person and one who will do well in this important position.
  I ask my colleagues to support this nomination. I say how delighted I 
am, given this late point in the year when many judicial nominations 
would not ordinarily be brought up, that there has been bipartisan 
consensus that this good man and this good judge be put up for an up-
or-down vote.
  I also ask unanimous consent to print in the Record a letter from the 
Dallas County Democratic Party.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                               Dallas County Democratic Party,

                                                     July 6, 2004.
     Chairman Orrin G. Hatch,
     Senator Patrick J. Leahy,
     Senator John Cornyn,
     Members of the Senate Committee on the Judiciary.

     Re Nomination of Michael H. Schneider, Sr. for the United 
         States District Judge for the Eastern District of Texas

       To the Members of the Committee: I write to encourage you 
     to confirm the nomination of Justice Schneider. As the Dallas 
     County Democratic Chair, I supported Justice Linda Yanez, 
     Justice Schneider's opponent in his 2002 race for the Texas 
     Supreme Court. During that election season I learned a great 
     deal about Justice Schneider, namely how well-regarded and 
     well-respected he is by the bench and the bar in Texas. Even 
     the plaintiff's bar in Houston, Justice Schneider's home 
     base, supported his race out of respect for his dedication to 
     following the law.
       During his tenure on the Texas Supreme Court I have 
     followed his performance closely. (I served as a law clerk on 
     the court during the 1997-1998 term, and specialize in civil 
     appellate work in my law practice.) While on the Court he has 
     been a voice of moderation and judicial conservatism. In the 
     many conversations I have had with Texas appellate lawyers--
     of all political persuasions--the overwhelming consensus is 
     that Justice Schneider has done a wonderful job on the Court 
     and fully deserves to be elevated to the federal bench. 
     Justice Schneider is dedicated to the rule of law and the 
     integrity of the judicial system. The only reservation I have 
     about his nomination is that I hate to lose his influence on 
     the Texas Supreme Court. In addition to being a Democrat, I 
     am a member of the Texas Trial Lawyers Association and the 
     Dallas Trial Lawyers Association. Speaking both as a Democrat 
     and as a plaintiff's lawyer, I urge the Committee to confirm 
     Justice Schneider.
       While much has been made in the press about partisan 
     gridlock over judicial nominations, as a partisan leader and 
     as a lawyer I know there are times the parties should come 
     together to support a nominee. This is such a time. I urge 
     the Committee to vote on Justice Schneider's nomination at 
     Wednesday's hearing. A quick vote is critical this late in an 
     election year. if you have any questions about my support of 
     his nomination, please call me at 214-557-4819.
           Sincerely,
                                                       Susan Hays,
                                                            Chair.

  The PRESIDING OFFICER. The senior Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I am very pleased the distinguished 
Senator from Texas on the Judiciary Committee has spoken. I am happy to 
add my remarks.
  I particularly thank the chairman of the committee and the ranking 
member. Senator Hatch and Senator Leahy have tried on this nomination 
and the ones we are voting on today to get these judicial nominations 
through. I very much appreciate it.
  We know this is late in the year and sometimes we get hung up on 
things. I have not agreed with everything that has happened in the 
Judiciary Committee, but on this nomination I appreciate everyone's 
word being kept. I had very much hoped we could have this nomination 
confirmed. I hope there will be a few others, as well. We do have 
another Texan coming up later this week.
  I am happy to support my friend, a fellow Texan, Justice Michael 
Schneider. I have known Mike and his wife Mary for years. I know this 
man. I know his wife. I know their family. I know they will be 
exemplary public servants.
  In February, I, along with Senator Cornyn, recommended him to 
President Bush for the eastern judicial district. He has exemplified 
what we want in Federal judges. For 25 years, he has sat on the bench 
from the bottom to the top. Here is a man who knows the judiciary. He 
was in West University Place, which is a small town near Houston, TX, 
on the municipal court. Then he was on the district bench in Houston, 
Harris County. Then he was the chief justice of the first Texas Court 
of Appeals, once again in Harris County, before he rose to the Supreme 
Court of Texas where he has served since 2002.
  He has also served as assistant district attorney of Harris County 
and he has served in the private sector. He earned his bachelor's 
degree from Stephen F. Austin State University in 1965, in Nacogdoches, 
TX, and also earned a law degree from the University of Houston College 
of Law in 1971 and a master of law degree from the University of 
Virginia School of Law in 2001.
  He has been honored judge of the year twice by the Texas Association 
of Civil Trial and Appellate Specialists and by the Houston Police 
Officers Association.
  We have a judge who is known to the community, all sides of the bar. 
He is

[[Page 17444]]

certainly respected by all. This is virtually unanimous. It is 
unanimous. The ABA rating was the highest that could be given. I 
believe we will have a unanimous vote today based on his great 
qualifications. I am happy to recommend him to my colleagues in the 
Senate.
  I yield the floor.
  The PRESIDING OFFICER. The time controlled by the majority has 
expired.
  The Senator from Vermont.
  Mr. LEAHY. Mr. President, I ask that it be in order to ask unanimous 
consent that we request the yeas and nays on both Ms. Covington and Mr. 
Schneider and I would ask for the yeas and nays with one show of hands 
as a request for the yeas and nays on both.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. LEAHY. I commend the distinguished Senator from Florida. It was 
his use of a bipartisan commission to make sure that we had this 
exemplary nominee.
  I yield the remainder of my time to the Senator from Florida.
  Mr. NELSON of Florida. I thank the distinguished Senator from 
Vermont. I commend the chairman and the ranking member for their 
bipartisanship. I compliment the Senators for their bipartisanship.
  We already had this agreement on the number of judges we were going 
to do, proffered some months ago. The fact that a judicial nominee of 
the quality of Judge Covington from Tampa, FL, would come to the 
committee in a bipartisan fashion--members were very kind to move a 
nominee such as this. Indeed, this is the way the Senate ought to be 
working. I am grateful the judge I was recommending was the beneficiary 
of that bipartisanship.
  Indeed, Judge Virginia Hernandez Covington, a product of Tampa, a 
product of the University of Tampa, both bachelor's and master's 
degree, and Georgetown Law, a former assistant U.S. attorney in the 
U.S. Attorney's Office for almost 20 years, with 70 commendations while 
there, was then appointed to our State court system to the district 
court of appeals where she is now serving her 6-year term.
  She has lectured extensively on a whole host of complex legal 
subjects. When our office called her to give her the good news that her 
nomination, thanks to these two distinguished Senators, was scheduled 
for a vote, she was down practicing her fluent Spanish in South America 
where she was teaching earlier this year.
  This is the kind of bipartisanship and nominee we want. What do we 
want? It is clear to me what I want in a judge. I want someone who has 
judicial temperament. I want someone who is going to be openminded and 
who will look at the facts and will apply the law. Outstandingly, Judge 
Covington represents that particular example of what a judge should be.
  She is going to have a tremendous success as a Federal judge. She is 
going to make an excellent addition to the high quality of judges we 
have been very fortunate in Florida to have. I congratulate Judge 
Covington because her nomination will be confirmed within a few 
moments.
  I yield the floor.
  Mr. HATCH. Mr. President, one last thing I mention to my colleague on 
the other side. I ask unanimous consent there be 2 minutes of debate 
equally divided between the two rollcall votes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The question is, Will the Senate advise and consent to the nomination 
of Virginia Maria Hernandez Covington, of Florida, to be United States 
District Judge for the Middle District of Florida? 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 South Carolina (Mr. 
Graham), the Senator from Alaska (Ms. Murkowski), the Senator from 
Pennsylvania (Mr. Santorum), and the Senator from Missouri (Mr. Talent) 
are necessarily absent.
  Mr. REID. I announce that the Senator from Hawaii (Mr. Akaka), the 
Senator from New York (Mrs. Clinton), the Senator from North Carolina 
(Mr. Edwards), the Senator from Florida (Mr. Graham), and the Senator 
from Massachusetts (Mr. Kerry) are necessarily absent.
  The PRESIDING OFFICER (Mr. Alexander). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 91, nays 0, as follows:

                      [Rollcall Vote No. 164 Ex.]

                                YEAS--91

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

                             NOT VOTING--9

     Akaka
     Clinton
     Edwards
     Graham (FL)
     Graham (SC)
     Kerry
     Murkowski
     Santorum
     Talent
  The nomination was confirmed.
  Mr. HATCH. I move to reconsider the vote.
  Mr. STEVENS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. STEVENS. Mr. President, I ask unanimous consent that I be 
recognized to speak for up to 1 minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Happy 80th Birthday to Senator Inouye

  Mr. STEVENS. Mr. President, one of the pleasures of being in this 
body is to be around men younger than I. One in particular I have 
traveled with considerably and for whom I have great fondness--he must 
have just walked off the Senate floor; I hope someone brings him back. 
I wish to call the attention of the Senate to the fact that my brother 
from Hawaii is 80 years old today.
  (Applause.)
  The PRESIDING OFFICER. The Senator from Utah.


                Nomination of Michael H. Schneider, Sr.

  Mr. HATCH. Mr. President, I yield our minute to the distinguished 
Senator from Texas.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I commend Michael Schneider to my 
colleagues. He has had 25 years on the bench, starting as a municipal 
judge and working his way to the Supreme Court of Texas. He is one of 
the most respected judges in Texas, and I hope all my colleagues will 
vote for him.
  I ask my colleague, Senator Cornyn, if he wishes to finish this 
minute.
  The PRESIDING OFFICER. The Senator from Texas.
  Mr. CORNYN. Mr. President, I had a chance to speak earlier in support 
of this wonderful nomination, Judge Mike Schneider. I join my colleague 
in encouraging each of our colleagues to vote for him.
  I also want to say how much I appreciate the ranking member of the 
Judiciary Committee and Chairman Hatch for making this vote possible 
tonight. I urge my colleagues to vote for the nomination.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I have already spoken in favor of Justice 
Schneider. Mike and I first met when we were both much younger 
prosecutors. I urge my colleagues on this side of the aisle to support 
his nomination.
  I yield back the remainder of my time.
  The PRESIDING OFFICER. The question is, Will the Senate advise and

[[Page 17445]]

consent to the nomination of Michael H. Schneider, Sr., of Texas, to be 
United States District Judge for the Eastern District of Texas? On this 
question, the yeas and nays have been ordered. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Alaska (Ms. 
Murkowski) and the Senator from Pennsylvania (Mr. Santorum) are 
necessarily absent.
  Mr. REID. I announce that the Senator from Hawaii (Mr. Akaka), the 
Senator from New York (Mrs. Clinton), the Senator from North Carolina 
(Mr. Edwards), the Senator from Florida (Mr. Graham), and the Senator 
from Massachusetts (Mr. Kerry) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 92, nays 1, as follows:

                      [Rollcall Vote No. 165 Ex.]

                                YEAS--92

     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Cantwell
     Carper
     Chafee
     Chambliss
     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
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Miller
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                                NAYS--1

       
     Harkin
       

                             NOT VOTING--7

     Akaka
     Clinton
     Edwards
     Graham (FL)
     Kerry
     Murkowski
     Santorum
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be notified of these 
actions.

                          ____________________