[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[Senate]
[Pages 34527-34528]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. REID. Madam President, I ask unanimous consent that the Senate 
proceed to executive session to consider Calendar Nos. 395, 396, 407, 
410; that the nominations be confirmed, the motions to reconsider be 
laid upon the table, the President be immediately notified of the 
Senate's action, and the Senate return to legislative session.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nominations considered and confirmed are as follows:


                             the judiciary

       Joseph N. Laplante, of New Hampshire, to be United States 
     District Judge for the District of New Hampshire.
       Thomas D. Schroeder, of North Carolina, to be United States 
     District Judge for the Middle District of North Carolina.


                     department of veterans affairs

       James B. Peake, of the District of Columbia, to be 
     Secretary of Veterans Affairs.


                  pension benefit guaranty corporation

       Charles E. F. Millard, of New York, to be Director of the 
     Pension Benefit Guaranty Corporation. (New Position)


                 NOMINATION OF JOSEPH NORMAND LAPLANTE

  Mr. LEAHY. Madam President, I am pleased that we can take a break 
from the tired partisan sniping from the other side of the aisle to 
continue, as we have all year, making progress considering and 
confirming the President's judicial nominations.
  The complaints we hear more and more loudly as we approach an 
election year from the President and others ring hollow. Last month, 
the Judiciary Committee reached a milestone by reporting out 4 more 
nominations for lifetime appointments to the Federal bench, reaching 40 
in this session of Congress alone. That exceeds the totals reported in 
each of the previous 2 years, when a Republican-led Judiciary Committee 
was considering this President's nominees.
  Today we consider the nomination of Joseph Normand Laplante, who has 
been nominated to fill a vacancy in the Northern District of Texas. 
Joseph is well known to many of us Vermonters as he has spent much of 
his professional career working for our friends to the east in the old 
Granite State of New Hampshire and our friends to the south in the Bay 
State of Massachusetts. Joseph serves as the first assistant U.S. 
attorney for the District of New Hampshire. Before that, Joseph served 
as an Assistant U.S. Attorney in the District of Massachusetts, a trial 
attorney for the U.S. Justice Department's Criminal Division, and a 
senior assistant attorney general for the State of New Hampshire Office 
of the Attorney General. He also has experience as a private 
practitioner in New Hampshire. Joseph graduated from Georgetown 
University in 1987 and from the Georgetown Law Center in 1990.
  I thank Senator Gregg and Senator Sununu for their consideration of 
this nomination and Senator Whitehouse for chairing the confirmation 
hearing.

[[Page 34528]]

  When we confirm the nomination we consider today, the Senate will 
have confirmed 38 nominations for lifetime appointments to the Federal 
bench this session alone. That is more than the total number of 
judicial nominations that a Republican-led Senate confirmed in all of 
1997, 1999, 2004, 2005 or 2006 with a Republican Majority. It is 21 
more confirmations than were achieved during the entire 1996 session, 
more than double that session's total of 17, when Republicans stalled 
consideration of President Clinton's nominations.
  When this nomination is confirmed, the Senate will have confirmed 138 
total Federal judicial nominees in my tenure as Judiciary Chairman. 
During the Bush Presidency, more circuit judges, more district judges--
more total judges--were confirmed in the first 24 months that I served 
as Judiciary Chairman than during the 2-year tenures of either of the 
two Republican Chairmen working with Republican Senate majorities.
  The Administrative Office of the U.S. Courts will list 45 judicial 
vacancies and 14 circuit court vacancies after today's confirmation. 
Compare that to the numbers at the end of the 109th Congress, when the 
total vacancies under a Republican controlled Judiciary Committee were 
51 judicial vacancies and 15 circuit court vacancies. That means that 
despite the additional 5 vacancies that arose at the beginning of the 
110th Congress, the current vacancy totals under my chairmanship of the 
Judiciary Committee are below where they were under a Republican-led 
Judiciary Committee. They are only a little more than half of what they 
were at the end of President Clinton's term, when Republican pocket 
filibusters allowed judicial vacancies to rise to 80, 26 of them for 
circuit courts.
  Despite the progress we have made, I will continue to work to find 
new ways to be productive on judicial nominations. Just last month, I 
sent the President a letter urging him to work with me, Senator 
Specter, and home State Senators to send us more well-qualified, 
consensus nominations. Now is the time for him to send us more 
nominations that could be considered and confirmed as his Presidency 
approaches its last year, before the Thurmond Rule kicks in.
  As I noted in that letter, I have been concerned that several recent 
nominations seem to be part of an effort to pick political fights 
rather than judges to fill vacancies. For example, President Bush 
nominated Duncan Getchell to one of Virginia's Fourth Circuit Vacancies 
over the objections of Senator Webb, a Democrat, and Senator Warner, a 
Republican. They had submitted a list of five recommended nominations, 
and specifically warned the White House not to nominate Mr. Getchell. 
As a result, this nomination that is opposed by Democratic and 
Republican home state Senators is one that cannot move.
  When the President sends on well-qualified consensus nominations, we 
can work together and continue to make progress as we are today.
  I congratulate Joseph and his family on his confirmation today.


                   NOMINATION OF THOMAS D. SCHROEDER

  Mr. LEAHY. Madam President, the Senate continues, as we have all 
year, to make progress filling judicial vacancies by considering yet 
another nomination reported out of Committee this month. The nomination 
before us today for a lifetime appointment to the Federal bench is 
Thomas D. Schroeder, to the Middle District of North Carolina. He has 
the support of both home State Senators. I acknowledge the support of 
Senators Dole and Burr, and want to thank Senator Whitehouse for 
chairing the hearing on this nomination.
  Last month, the Judiciary Committee reached a milestone by voting to 
report our 40th judicial nominee this year. That exceeds the totals 
reported in each of the previous 2 years, when a Republican-led 
Judiciary Committee was considering this President's nominees.
  Thomas D. Schroeder is a Partner at the Winston-Salem, NC, office of 
the law firm of Womble, Carlyle, Sandridge & Price, PLLC, where he has 
worked almost his entire legal career. Mr. Schroeder served as a law 
clerk for Judge George E. MacKinnon on the U.S. Court of Appeals for 
the DC Circuit. He graduated from Kansas University and Notre Dame Law 
School, where he was Editor-in-Chief of the Notre Dame Law Review.
  When we confirm the nomination we consider today, the Senate will 
have confirmed 39 nominations for lifetime appointments to the Federal 
bench this session alone. That exceeds the totals confirmed in all of 
2004, 2005, and 2006 when a Republican-led Senate was considering this 
President's nominees; all of 1989; all of 1993, when a Democratic-led 
Senate was considering President Clinton's nominees; all of 1997 and 
1999, when a Republican-led Senate was considering President Clinton's 
nominees; and all of 1996, when the Republican-led Senate did not 
confirm a single one of President Clinton's circuit nominees.
  When this nomination is confirmed, the Senate will have confirmed 139 
total Federal judicial nominees in my tenure as Judiciary Chairman. 
During the Bush Presidency, more circuit judges, more district judges--
more total judges--were confirmed in the first 24 months that I served 
as Judiciary Chairman than during the 2-year tenures of either of the 
two Republican chairmen working with Republican Senate majorities.
  The Administrative Office of the U.S. Courts will list 44 judicial 
vacancies and 14 circuit court vacancies after today's confirmations. 
Compare that to the numbers at the end of the 109th Congress, when the 
total vacancies under a Republican controlled Judiciary Committee were 
51 judicial vacancies and 15 circuit court vacancies. That means, that 
despite the additional vacancies that arose at the beginning of the 
110th Congress and throughout this year, the current vacancy totals 
under my chairmanship of the Judiciary Committee are below where they 
were under a Republican led-Judiciary Committee. They are almost half 
of what they were at the end of President Clinton's term, when 
Republican pocket filibusters allowed judicial vacancies to rise above 
100 before settling at 80. Twenty-six of them were for circuit courts.
  When the President consults and sends the Senate well-qualified, 
consensus nominations, we can work together and continue to make 
progress as we are today.
  I congratulate the nominee and his family on his confirmation today.

                          ____________________