[Congressional Record (Bound Edition), Volume 153 (2007), Part 5]
[Senate]
[Pages 6527-6531]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF JOHN PRESTON BAILEY TO BE U.S. DISTRICT JUDGE FOR THE 
                   NORTHERN DISTRICT OF WEST VIRGINIA

                                 ______
                                 

   NOMINATION OF OTIS D. WRIGHT II TO BE U.S. DISTRICT JUDGE FOR THE 
                     CENTRAL DISTRICT OF CALIFORNIA

                                 ______
                                 

NOMINATION OF THOMAS M. HARDIMAN TO BE U.S. CIRCUIT JUDGE FOR THE THIRD 
                                CIRCUIT

  The PRESIDING OFFICER (Mr. Salazar). Under the previous order, the 
Senate will proceed to executive session to consider en bloc the 
following nominations, which the clerk will report.
  The assistant legislative clerk read the nominations of John Preston 
Bailey, of West Virginia, to be U.S. District Judge for the Northern 
District of West Virginia; Otis D. Wright II, of California, to be U.S. 
District Judge for the Central District of California; Thomas M. 
Hardiman, of Pennsylvania, to be U.S. Circuit Judge for the Third 
Circuit.
  The PRESIDING OFFICER. There is now 20 minutes equally divided for 
debate on the nominations.
  The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, is the pending business the nomination of 
Thomas Hardiman to the Court of Appeals for the Third Circuit?
  The PRESIDING OFFICER. That is one of the nominations that is 
pending.
  Mr. SPECTER. Mr. President, I urge my colleagues to support Thomas 
Michael Hardiman for the Court of Appeals for the Third Circuit. He has 
served on the U.S. District Court for the Western District of 
Pennsylvania. He has an outstanding academic record. He has a law 
degree from Georgetown, bachelor's degree from the University of Notre 
Dame. He started his practice of law in 1990. He has an outstanding 
record both academically and professionally.
  Senator Santorum and I know him personally and can vouch for him. I 
urge my colleagues to confirm him for the Third Circuit.
  I ask unanimous consent that my full statements on the nominees be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Statement of Senator Arlen Specter on the Nomination of Thomas Michael 
  Hardiman to the United States Court of Appeals for the Third Circuit

       Mr. President, I seek recognition today to urge my 
     colleagues to confirm Thomas Michael Hardiman to the Third 
     Circuit Court of Appeals. Judge Hardiman was nominated

[[Page 6528]]

     during the last Congress, and a hearing was held on November 
     14, 2006. The Senate, however, did not act on his nomination 
     prior to adjournment of the 109th Congress. President Bush 
     re-nominated Judge Hardiman on January 9, 2007 and his 
     nomination was reported out of Committee favorably on March 
     8, 2007.
       Judge Hardiman has an impressive resume and strong 
     bipartisan support in the Commonwealth of Pennsylvania. He 
     received his B.A. from the University of Notre Dame in 1987 
     and his J.D. from Georgetown University Law Center in 1990. 
     He served on the Georgetown Law Journal as an Associate 
     Editor and as a Note and Comment Editor.
       After law school, Judge Hardiman joined the Washington, DC, 
     office of Skadden, Arps, Slate, Meagher, & Flom as an 
     associate in their litigation group. In 1992, Judge Hardiman 
     moved to Pittsburgh and joined the litigation group of 
     Cindrich & Titus, which later became Titus & McConomy. In 
     1996, he was elected partner. In 1999, Judge Hardiman joined 
     the law firm of Reed Smith, also in Pittsburgh, as a partner.
       In 2003, Judge Hardiman was nominated to be a U.S. District 
     Judge for the Western District of Pennsylvania. On October 22 
     of that year, the Senate confirmed him to that position by 
     voice vote. Throughout his legal career, he has taken time to 
     give back to the people of Pennsylvania, most notably through 
     his active involvement in Big Brothers and Big Sisters of 
     Greater Pittsburgh, of which he is a past president.
       The American Bar Association unanimously rated Judge 
     Hardiman ``well qualified.'' The vacancy to which Judge 
     Hardiman is nominated has been designated a ``judicial 
     emergency'' by the nonpartisan Administrative Office of the 
     Courts.
       Lawyers and judges who know Judge Hardiman best believe he 
     is the right choice to succeed for Judge Richard L. Nygaard. 
     Timothy Lewis, a Pittsburgh native and former Third Circuit 
     judge, recently praised this nomination. Judge Lewis, who 
     considers himself pro-choice and a civil rights activist, 
     emphasized the consensus nature of this nomination: He said 
     ``[t]his is the perfect opportunity--gift wrapped, signed, 
     sealed and delivered--for both [parties] to work together.'' 
     He reiterated his belief that ``[t]here is absolutely no way 
     anyone is going to find a more moderate candidate who is 
     completely noncontroversial'' and that Judge Hardiman ``is 
     the quintessential perfect judicial nomination for the 3rd 
     Circuit.''
       I urge all my colleagues to join me and Senator Casey in 
     supporting this fine nominee.
                                  ____


Statement of Senator Arlen Specter on the Nomination of Otis D. Wright, 
  II to the United States District Court for the Central District of 
                               California

       Mr. President, I seek recognition today to support the 
     nomination of Judge Otis D. Wright, II of California to be a 
     district court judge in the United States District Court for 
     the Central District of California.
       Judge Wright was nominated to the District Court for the 
     Central District of California during the last Congress; 
     however, the Senate did not act on his nomination prior to 
     adjournment of the 109th Congress.
       President Bush re-nominated Judge Wright on January 9, 
     2007. A hearing was held on his nomination on February 6 and 
     the Judiciary Committee favorably reported him to the floor 
     on March 1.
       Judge Wright has dedicated much of his life to public 
     service. He is a veteran of the Marine Corps and served for 
     eleven years in the Los Angeles County Sheriff's Department. 
     He also has considerable experience as a prosecutor.
       Judge Wright received his B.S. from California State 
     University of Los Angeles in 1976 and his J.D. from 
     Southwestern School of Law in 1980.
       Prior to receiving his B.S., he served as a sergeant in the 
     U.S. Marine Corps from 1963-1969. From 1969 to 1980, 
     including his time in law school, Judge Wright served as a 
     deputy sheriff in Los Angeles.
       After law school, Judge Wright took a position as Deputy 
     Attorney General in the Criminal Appeals Section of the 
     California Department of Justice. During his three years in 
     the office, he handled approximately 200 appeals before the 
     Court of Appeals and the California Supreme Court.
       In 1983, Judge Wright joined the Los Angeles office of 
     Wilson, Elser, Moskowitz, Edelman and Dicker LLP.
       As a partner in the firm, he handled all aspects of 
     insurance law including, drafting of policies and reinsurance 
     treaties, providing coverage options, auditing insurance 
     company claims departments, defending insurance companies in 
     direct actions by insureds for bad-faith, and defending 
     insureds on a wide variety of matters.
       On October 28, 2005, Governor Arnold Schwarzenegger 
     appointed Judge Wright to the California Superior Court for 
     the County of Los Angeles. Judge Wright is assigned to the 
     Substance Abuse Court where he handles driving under the 
     influence (DUI) arraignments, pre-trial, motions, and 
     sentencing. He also monitors three drug diversion programs 
     for felony drug possession offenders, including probation 
     violation sentencing hearings.
       The American Bar Association has unanimously rated Judge 
     Wright ``qualified.''
       The vacancy to which Judge Wright is nominated has been 
     designated a ``judicial emergency'' by the nonpartisan 
     Administrative Office of the Courts. The people of California 
     will be grateful to see this vacancy filled so that litigants 
     do not suffer from unnecessary delays.
       I urge my colleagues to join me in supporting this fine 
     nominee.
                                  ____


 Statement of Senator Arlen Specter on the Nomination of John Preston 
 Bailey to be a United States District Judge for the Northern District 
                            of West Virginia

       Mr. President, I seek recognition today to support the 
     nomination of John Preston Bailey to the United States 
     District Court for the Northern District of West Virginia.
       Mr. Bailey was nominated during the last Congress, but a 
     hearing was not held on his nomination in the Judiciary 
     Committee prior to the adjournment of the 109th Congress.
       President Bush re-nominated Mr. Bailey in the 110th 
     Congress on January 9, 2007. A hearing was held on the 
     nomination on February 6, 2007 and it was unanimously 
     reported out of the Judiciary Committee on March 1, 2007.
       Mr. Bailey is a highly regarded attorney in his home state 
     of West Virginia where his qualifications are well known. He 
     received his Bachelor of Arts degree from Dartmouth College 
     in 1973 and received his Juris Doctorate degree from the West 
     Virginia University College of Law in 1976.
       Upon graduating from law school, he clerked for two years 
     in the chambers of Judge Charles H. Haden, II, on the U.S. 
     District Court for the Southern District of West Virginia.
       Following his clerkship, Mr. Bailey returned home to 
     Wheeling, West Virginia, to join the law firm Bailey, Riley, 
     Buch & Harman, where he remains today.
       Mr. Bailey has had an impressive career as a general 
     practitioner. He has handled a diverse civil caseload ranging 
     from personal injury and mass toxic tort defense to complex 
     construction litigation and bankruptcy matters.
       In addition to his civil docket, he has served as the Ohio 
     and Marshal County Assistant Prosecutor. In that capacity he 
     has handled the full spectrum of criminal matters.
       The American Bar Association has rated unanimously Mr. 
     Bailey ``Qualified.''
       The vacancy to which Mr. Bailey is nominated has been 
     designated a ``judicial emergency'' by the nonpartisan 
     Administrative Office of the Courts, underscoring how 
     pressing it is that we act to fill the vacancy.
       I urge my colleagues to join me in supporting this fine 
     nominee.

  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, the Senator from Pennsylvania said we are 
considering the nomination of Thomas Hardiman to a seat on the U.S. 
Court of Appeals for the Third Circuit that has been designated a 
judicial emergency by the Administrative Office of the U.S. Courts.
  In 2003, the Senate confirmed Judge Hardiman to the District Court 
for the Western District of Pennsylvania at the age of 37. Four years 
later, and now 41 years old, Judge Hardiman is before the Senate for 
confirmation to lifetime tenure on the United States Court of Appeals 
for the Third Circuit. Out of deference to the home state Senators, 
Senator Specter and Senator Casey, I support this nomination.
  I only wish President Clinton's nominees, many of whom had a long 
record of accomplishment, had received the treatment we are according 
this nominee. Instead, highly qualified nominees, such as Elena Kagan, 
now Dean of the Harvard Law School, and Allen Snyder, who served as a 
clerk to Justice Rehnquist and was an experienced and respected 
litigator, were left without consideration for years. No questions were 
raised about their qualifications, as there have been for so many of 
President Bush's nominations. The fact is that during President 
Clinton's last two years, Senate Republicans refused to consider more 
than half of his appellate court nominees. They were just blocked, 
pocket filibustered with impunity.
  Last Congress, we wasted enormous time and energy with controversial 
nominees. Now, a Democratic Congress has taken a better path and the 
high road.
  Judge Hardiman has been nominated to a seat on the Third Circuit 
after serving as a Federal district court judge for four years. Before 
arriving on the bench, Judge Hardiman was a lawyer in private practice, 
where he worked for 13 years. In 1990, Judge Hardiman began his legal 
career as an Associate at the law firm of Skadden,

[[Page 6529]]

Arps, Slate, Meagher & Flom in Washington, DC. From 1992 to 2003, he 
engaged in the private practice of law in Pittsburgh, PA, first as a 
partner at the law firm of Titus & Cindrich--now Titus & McConomy, 
LLP--and later as a partner at Reed Smith, where he specialized in real 
estate, contracts, securities, and constitutional law.
  Judge Hardiman graduated from the University of Notre Dame in 1987, 
and received his law degree from my alma mater the Georgetown 
University Law Center, in 1990, where he served on the Georgetown Law 
Journal as a Notes and Comments Editor.
  I thank both home State Senators for their support of this nominee. I 
know Senator Specter, who has been a strong advocate for Judge Hardiman 
on the Committee, will welcome his confirmation. I also thank Senator 
Casey for his support, and for considering and approving this nominee 
so quickly after taking office.
  With this confirmation, the Senate continues to make significant 
progress in this Congress on nominations for lifetime appointments to 
the Federal bench. We continue to put the lie to the alarmist rhetoric 
of some on the other side of the aisle by proceeding promptly and 
efficiently.
  This session of Congress, the Senate has already confirmed 10 
judicial nominations, including the nomination of Norman Randy Smith to 
the Court of Appeals for the Ninth Circuit. And now the Senate stands 
poised to confirm a Second Circuit court nomination and will likely 
have confirmed 13 judges by the end of the day.
  The treatment of President Bush's judicial nominees in a Democratic 
Congress stands in stark contrast to the fate of many of President 
Clinton's nominees, who were blocked and delayed by the Republican 
majority. In the 1996 session, a Republican-controlled Senate confirmed 
only 17 of President Clinton's nominees--this year, we have already 
reported 15 nominees out of committee in just 3 months. In 1996, not a 
single judge was confirmed to the circuit courts--not one. This 
nomination is already the second confirmed this year. In all, more than 
60 of President Clinton's judicial nominees were defeated in Senate 
committees through pocket filibusters and practices that Republicans 
then abandoned as soon as there was a Republican in the White House.
  Regrettably, the Administrative Office of the U.S. Courts lists 50 
judicial vacancies, yet the President has sent us only 20 nominations 
for these vacancies. Thirty of these vacancies--more than half--have no 
nominee. Of the 22 vacancies deemed by the Administrative Office to be 
judicial emergencies, the President has yet to send us nominees for 16 
of them. That means more than two-thirds of the judicial emergency 
vacancies are without a nominee.
  I would rather see us work together in the selection of nominees so 
that we can confirm judges rather than spend time fighting about them.
  I congratulate Judge Hardiman, and his family, on his confirmation 
today.


         NOMINATIONS OF JOHN PRESTON BAILEY AND OTIS D. WRIGHT

  Mr. President, now the Senate will consider and, I believe, confirm 
the nominations of John Preston Bailey for the Northern District of 
West Virginia and Otis D. Wright II for the Central District of 
California.
  With these two confirmations, both to fill judicial emergency 
vacancies, the Senate will have confirmed 13 lifetime appointments to 
the Federal bench so far this year. There were only 17 in the entire 
1996 session. I have worked cooperatively with Members from both sides 
of the aisle on our committee and in the Senate to move quickly to 
consider and confirm these judicial nominations so that we can fill 
vacancies and improve the administration of justice in our Nation's 
Federal courts.
  The Administrative Office of the U.S. Courts lists 48 remaining 
judicial vacancies, yet the President sent us only 18 nominations for 
these vacancies. Thirty of these vacancies--more than half--have no 
nominee. Of the 20 vacancies deemed by the Administrative Office to be 
judicial emergencies, the President has yet to send us nominees for 16 
of them. That means four-fifths of the judicial emergency vacancies are 
without a nominee.
  Each of the nominations before us today has the support of their home 
State Senators. And I thank Senators Byrd, Rockefeller, Feinstein, and 
Boxer for their support of these nominations.
  John Preston Bailey has been nominated to the Northern District of 
West Virginia, a seat deemed to be a judicial emergency by the 
Administrative Office of the U.S. Courts. Mr. Bailey is a graduate of 
Dartmouth College, and he obtained his law degree from West Virginia 
University where he graduated with honors as a member of the Order of 
the Coif and the West Virginia Law Review. After law school, Mr. Bailey 
served as a law clerk to Judge Charles H. Haden II, a U.S. District 
Judge of the Northern and Southern Districts of West Virginia.
  In his legal career, Mr. Bailey has worked as an assistant 
prosecuting attorney for Ohio County, WV, and special assistant 
prosecuting attorney for Marshall County, WV. He currently is a partner 
at the Wheeling, WV, law firm of Bailey, Riley, Buch and Harman, L.C., 
where he has worked since 1978.
  Judge Otis D. Wright II has been nominated to the Central District of 
California, another seat designated a judicial emergency. Judge Wright 
is a judge on the Superior Court of California, a court with one of the 
largest caseloads in the country. Before coming to the bench, Judge 
Wright worked for 22 years as a civil litigator at the Los Angeles law 
firm of Wilson, Elser, Moskowitz, Edelman and Dicker LLP, and 3 years 
as a deputy attorney general for the California Department of Justice. 
He graduated from California State University and received his law 
degree from Southwestern School of Law.
  Judge Wright's story has been a march toward the American dream. As 
an African American born in Tuskegee, AL, Judge Wright rose above the 
travails and barriers posed by a Jim Crow segregated society to serve 
his country as a U.S. marine, a deputy sheriff in the Los Angeles 
County Sheriff's Department, a State government attorney, a partner at 
a Los Angeles law firm, and a judge on the State bench. Today this 
great American story includes confirmation to a lifetime appointment on 
the Federal bench.
  I am pleased one of the two nominations before us is an African 
American. I have urged, and will continue to urge, the President to 
nominate men and women to the Federal bench who reflect the diversity 
of America. Racial diversity remains a pillar of strength for our 
country and one of our greatest natural resources. Diversity on the 
bench helps ensure that the words ``equal justice under law,'' 
inscribed in Vermont marble over the entrance to the Supreme Court, are 
a reality and that justice is rendered fairly and impartially. Judicial 
decisions should reflect insight and experiences as varied as America's 
citizenry. A more representative judiciary helps cultivate public 
confidence in the judiciary which strengthens the independence of our 
Federal courts.
  A more representative judiciary also strengthens the fabric of our 
democracy. As we were reminded earlier this year, while honoring the 
life of Dr. Martin Luther King, Jr., the promise of our democracy lies 
in building a Nation more inclusive of all Americans.
  The nomination before us today represents an important step toward 
achieving that promise. I am pleased that, if confirmed, Judge Wright 
would become the 90th African-American judge currently on the Federal 
bench.
  But there is still much work to be done. In 6 years, President Bush 
has nominated only 18 African-American judges to the Federal bench, 
compared to 53 African-American judges appointed by President Clinton 
in his first 6 years in office. He has yet to appoint an African-
American judge from Mississippi even though that State has the highest 
percentage of African-American residents of any State.
  Our Nation has highly qualified individuals of diverse heritages who 
would help to unify our Nation while adding to the diversity of our 
courts. I hope

[[Page 6530]]

the President will send us more consensus nominees that reflect the 
rich diversity of our Nation.
  I congratulate the nominees, and their families, on their 
confirmations today.


                      NOMINATION OF OTIS D. WRIGHT

  Mrs. FEINSTEIN. Mr. President, it is my pleasure to support Judge 
Otis Wright, a distinguished nominee to the U.S. District Court for the 
Central District of California.
  Judge Wright is nominated to a seat that has been designated as a 
judicial emergency. The Central District of California, based in Los 
Angeles, is the largest and busiest Federal judicial district in the 
Nation.
  When this Congress began, there were five vacancies on this court 
more than twice as many as in any other judicial district in the 
country.
  I am pleased that the Senate has already confirmed two new judges for 
the Central District this year, and I thank Chairman Leahy for moving 
the California judicial nominees quickly.
  Judge Wright is a graduate of California State University at Los 
Angeles and of the Southwestern School of Law.
  After graduating from law school, Judge Wright was a deputy attorney 
general in the California Department of Justice for 3 years. During 
that time he specialized in criminal appeals.
  He went on to join the law firm of Wilson, Elser, Moskowitz, Edelman 
& Dicker, where he became a partner during a career that spanned more 
than 20 years. He practiced civil litigation in many areas, with a 
particular focus on insurance coverage litigation.
  While in private practice, Judge Wright was a volunteer attorney with 
the HIV AIDS Legal Services Alliance. His work on behalf of those with 
HIV and AIDS included housing and employment discrimination cases, as 
well as preparing wills for the terminally ill.
  Judge Wright's public service has not been limited to his legal 
career: he was a deputy sheriff in the Los Angeles County Sheriff's 
Department while attending college and law school, and before that he 
served in the U.S. Marine Corps and the Marine Corps Reserves.
  He is one of only 16 African Americans who have been nominated to be 
federal judges in the 6 years that President Bush has been in office. 
During the first 6 years of the Clinton presidency, by contrast, 53 
African Americans were nominated. Judge Wright will be a welcome 
addition to the bench.
  In California we have developed a bipartisan process known as the 
Parsky Commission for selecting Federal district court nominees. Under 
this system, a committee of lawyers, including Democrats and 
Republicans, recommends qualified applicants to the President.
  I am proud of this system and pleased to say that Judge Wright was 
recommended by the Parsky Commission. This gives me confidence that he 
comes to the bench without an ideological agenda and prepared to serve 
all the people of California.
  I urge my colleagues to vote in favor of Judge Wright's nomination.


                   nomination of john preston bailey

  Mr. BYRD. Mr. President, I am pleased to speak today in support of an 
esteemed colleague, a fine West Virginia lawyer named Mr. John Preston 
Bailey. Mr. Bailey hails from the beautiful city of Wheeling, WV. John 
Bailey has been nominated by the President for a seat on the Federal 
bench in the Northern District of West Virginia.
  Mr. Bailey is a splendid choice for this judgeship. He is senior 
partner at the firm of Bailey, Riley, Buch and Harman. Not only is Mr. 
Bailey well-versed in administrative law, he is also a successful 
litigator, competent in both civil and criminal litigation.
  John Bailey graduated from West Virginia University's College of Law 
in 1976, where he was a member of the West Virginia Law Review. He was 
admitted to the State Bar of West Virginia that same year and clerked 
for 2 years thereafter with the Honorable Charles H. Haden II, who, at 
that time, was the U.S. district judge for both the Northern and 
Southern Districts of West Virginia.
  Mr. Bailey is extremely well qualified to be confirmed as a Federal 
judge. He worked as an assistant prosecuting attorney in the mid-1980s, 
and he served as chairman of the Workers' Compensation Appeals Board in 
West Virginia from 1985 to 1991. He sat on the executive council of the 
West Virginia Bar Association for 6 years and was elected to be 
president of that association in 1992. He was thereafter elected and 
served as president of the West Virginia State Bar from 2003 to 2004. 
Before that, he served as vice president of the state bar and as a 
member of the bar's Board of Governors.
  More recently--in fact, just last year--he was also bestowed the 
honor of ``Fellow'' by the West Virginia Bar Foundation. In bestowing 
that honor upon Mr. Bailey, Tom Tinder, the executive director of the 
West Virginia Bar Foundation, stated that Mr. Bailey is a ``true 
leader'' of his community. John Preston Bailey has been a member of the 
Order of the Coif, the Order of the Barristers, a member of the Moot 
Court Board, the Ohio County Bar Association, the West Virginia Trial 
Lawyer Association, and a member of the National Association of 
Criminal Defense Attorneys.
  I can attest to the fact that Mr. Bailey comes highly recommended by 
West Virginians of varying legal viewpoints. He is a smart, independent 
thinker. He is hard working. He has had over 30 years of experience as 
a licensed attorney. As a result, he recognizes the solemn 
responsibility with which a Federal judge is charged. He must 
interpret--impartially, and with proper contemplation of, and respect 
for, the three, separate branches of our Government--provisions that 
have been approved by the Congress and signed into law the President.
  Mr. Bailey has an excellent reputation and a keen intellect. Based on 
my understanding of Mr. Bailey's character and impressive credentials, 
I believe that he will make a fine Federal judge. For all of the 
reasons that I have mentioned, I am pleased to urge my colleagues to 
support his nomination to be a U.S. district court judge for the 
Northern District of West Virginia.
  Mr. ROCKEFELLER. Mr. President, I thank the majority leader for 
moving expeditiously to move the confirmation for John Preston Bailey 
to be a judge on the U.S. District Court for the Northern District of 
West Virginia. I thank Judiciary Committee Chairman Leahy and Ranking 
Member Specter for reporting this nomination to the full Senate, and I 
commend Mr. Bailey to my colleagues as exactly the type of nominee we 
should all support for seats on the Federal bench.
  John Bailey did something somewhat unusual after he earned his degree 
from Dartmouth College. He came back. He defied a longstanding trend of 
our best and brightest young men and women leaving to seek their 
fortunes and not returning. He went on to earn his law degree from the 
School of Law at West Virginia University and then served as a law 
clerk for the Honorable Charles Haden II. Judge Haden was a Republican 
and a Ford appointee but was also a good friend to this Senator. He was 
a fair and decent man widely respected for his intellect and his 
diligent efforts to arrive at the correct outcome. I can only hope that 
John Bailey chooses to emulate his former mentor, Judge Haden. Knowing 
what I know of John Bailey, he will, and West Virginians will benefit.
  Lawyers in West Virginia have a great deal of respect for John 
Bailey. He has served the West Virginia legal community as president of 
the West Virginia State Bar and the West Virginia Bar Association and 
was a member of the Board of Governors of the West Virginia Trial 
Lawyers Association. Some West Virginia lawyers and judges I have known 
for many decades believe John Bailey will be a very capable judge 
because he is a great lawyer. He takes the facts as he finds them and 
does not come to the table with preconceived notions as to what the 
outcome should be. Those traits, along with a first-rate intellect and 
solid educational and work credentials, make up the formula for the 
kind of judicial nominee we all hope to see come

[[Page 6531]]

to the Senate from Presidents of both parties.
  I yield back the remainder of my time and ask for the yeas and nays 
on the Hardiman nomination.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays were ordered.
  Mr. SPECTER. Mr. President, a very brief supplemental comment: Judge 
Hardiman has been on this bench since 2003. He received a unanimous 
``well qualified'' rating from the American Bar Association.
  I ask unanimous consent that the following information be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Thomas Michael Hardiman--United States Court of Appeals for the Third 
                                Circuit

       Birth: July 8, 1965, Winchester, Massachusetts.
       Legal Residence: Pennsylvania.
       Education: B.A., University of Notre Dame, 1987, Notre Dame 
     Scholar; J.D., Georgetown University Law Center, 1990, 
     Associate Editor and Notes & Comment Editor, Georgetown Law 
     Journal.
       Employment: Associate, Skadden, Arps, Slate, Meagher & Flom 
     LLP, 1990-1992; Associate, Titus & McConomy LLP, 1992-1996, 
     Partner, 1996-1999; Partner, Reed Smith LLP, 1999-2003; 
     Judge, United States District Court for the Western District 
     of Pennsylvania, 2003-Present.
       Selected Activities: Delegate, American Bar Association 
     House of Delegates, 1996-1998; Fellow, Academy of Trial 
     Lawyers of Allegheny County; Member, Pennsylvania Bar 
     Association, Member Professionalism Committee, 1999-2003; 
     Member, American Inns of Court, University of Pittsburgh 
     Chapter; Volunteer, Big Brothers Big Sisters of Greater 
     Pittsburgh, Inc., Director, 1995-Present, Past-President, 
     1999-2000; Member, Federalist Society; Treasurer, Republican 
     Committee of Allegheny County, 2000-2003

  Mr. LEAHY. We yield back all of our time.
  Mr. SPECTER. I yield back my time.
  The PRESIDING OFFICER. All time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Thomas M. Hardiman, of Pennsylvania, to be U.S. circuit judge for 
the Third Circuit? 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. REID. I announce that the Senator from Illinois (Mr. Durbin) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senators were necessarily absent: the Senator 
from Colorado (Mr. Allard), the Senator from Mississippi (Mr. Cochran), 
and the Senator from Arizona (Mr. McCain).
  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. 78 Ex.]

                                YEAS--95

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--5

     Allard
     Cochran
     Durbin
     Johnson
     McCain
  The nomination was confirmed.


               Vote On Nomination of John Preston Bailey

  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of John Preston Bailey, of West Virginia, to 
be United States District Judge for the Northern District of West 
Virginia?
  The nomination was confirmed.


                Vote On Nomination of Otis D. Wright II

  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Otis D. Wright II, of California, to be 
United States District Judge for the Central District of California?
  The nomination was confirmed.
  The PRESIDING OFFICER. The President will be immediately notified of 
the Senate's action.

                          ____________________