[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[Senate]
[Pages 5766-5767]
[From the U.S. Government Publishing Office, www.gpo.gov]




             UNANIMOUS-CONSENT REQUEST--EXECUTIVE CALENDAR

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate proceed to executive session, and notwithstanding rule XXII, the 
Senate proceed to Executive Calendar Nos. 656 and 657; that the 
nominations be confirmed en bloc; that the motions to reconsider be 
laid upon the table en bloc; that any statements relating to the 
nominations be printed in the Record, as if read, and the President be 
immediately notified of the Senate's action.
  I ask for the regular order on the unanimous-consent request. The 
unanimous-consent request is pending right now, and there is nobody on 
the floor to answer it or object to it.
  The PRESIDING OFFICER. Is there objection?
  Mr. WHITEHOUSE. I am told a Senator is coming to make an objection, 
so I will withhold.
  While we are waiting for a Republican Senator to come and object to 
these nominees, they came out of the Judiciary Committee back in 
January. They were voted out of the Judiciary Committee by, in one 
case, a unanimous, bipartisan vote of 19 to 0.
  I am informed that the Senator from Arizona, Mr. Kyl, is coming to 
object. He sits on the Judiciary Committee. He likely was one of those 
19 who voted in favor of this nominee at the committee level. I don't 
know who the one vote against Judge Wynn was, but he cleared the 
committee by a vote of 18 to 1--again, a strong bipartisan vote of 
support. Yet I am informed by the floor staff that they are finding 
somebody to come and object to these nominees who have now been held 
through all of February, all of March, half of April, despite being, in 
one case, unanimous votes in the Judiciary Committee, and the other an 
18-to-1 overwhelming bipartisan majority.
  For the record, I am informed that the minority was aware that I was 
coming to make these unanimous-consent requests; that they had full 
knowledge this was going to come. If they are unable to get somebody to 
the floor to object, as far as I am concerned that is not my concern.
  Mr. President, I renew the unanimous-consent request now that there 
is a Senator on the floor.
  The PRESIDING OFFICER. Is there objection to the Senator's request?
  Mr. KYL. Reserving the right to object, might I ask my colleague to 
restate the request?
  Mr. WHITEHOUSE. Yes. It was to call up Executive Calendar Nos. 656 
and 657, which are the nominations of Judge Albert Diaz and Judge James 
Wynn to the U.S. Court of Appeals for the Fourth Circuit. As the 
distinguished Senator from Arizona will recall, since he sits with me 
on the Judiciary Committee, Judge Diaz was voted out by a vote of 19 to 
0 back on January 28, 2010. If my math is correct, that means the 
distinguished Senator from Arizona voted for this nominee in the 
Judiciary Committee.
  Judge James Wynn was reported out the same day, January 28, by a vote 
of 18 to 1. I don't know if the Senator was the single dissenting vote 
in that overwhelming vote in support of Judge Wynn's nomination.
  Judge Diaz served in the Marine Corps and has 9 years of State court 
judicial experience. Judge Wynn is a certified military trial judge and 
a captain in the U.S. Navy Reserves.
  My unanimous-consent request was that the Senate proceed to executive 
session, and notwithstanding rule XXII, the Senate proceed to Executive 
Calendar Nos. 656 and 657; that nominations be confirmed en bloc; that 
the motions to reconsider be laid upon the table en bloc; that any 
statements related to the nominations be printed in the Record, as if 
read, and that the President be immediately notified of the Senate's 
action.
  Mr. KYL. Mr. President, I appreciate my colleague restating the 
request. Reserving the right to object, and I will object, as I think 
my colleagues are aware, the two leaders have worked out a process for 
consideration of at least some of the judicial nominations. My 
understanding is, there is another agreement on at least one circuit 
court nomination that they are working out a time agreement on right 
now and that would occur, I presume, later this week. I think it is 
important to let the two leaders work out those agreements. As a 
result, reluctantly, I have to object to my colleague's request.
  The PRESIDING OFFICER. Objection is heard.
  Mr. WHITEHOUSE. Mr. President, I appreciate the distinguished 
Senator's objection. We do have 101 nominees on the Executive Calendar. 
The objections have holds which are secret. They are holding up people, 
as I said, for an average of 106 days. While it is nice one or two 
might be given a time agreement by the minority party, it does very 
little to relieve the blockade that the minority party is engaged in of 
judicial and Executive nominees.
  I will continue forward. I call up Executive Calendar No. 701, the 
nomination of Nancy Freudenthal to be a judge for the U.S. District 
Court for the District of Wyoming. She passed out of the committee by 
voice vote--a voice vote, as the Presiding Officer knows, is a vote 
without dissent--on

[[Page 5767]]

February 11, 2010. She has decades of experience as a public servant 
and as a lawyer in private practice. She currently is Wyoming's First 
Lady.
  If confirmed, she will be that State's first female Federal judge. It 
is the practice of the Judiciary Committee not to put forward judges 
unless the consent of the home Senators has been obtained. I point out 
that both the Senators from Wyoming are Republicans.
  I ask unanimous consent that the Senate proceed to executive session, 
and notwithstanding rule XXII, the Senate proceed to Executive Calendar 
No. 701, the nomination of Nancy Freudenthal; that the nomination be 
confirmed, and the motion to reconsider be laid upon the table; that 
any statements relating to the nomination be printed in the Record; and 
that the President be immediately notified of the Senate's action.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Mr. President, for the same reasons as noted earlier, I 
object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. WHITEHOUSE. Mr. President, I call up Executive Calendar No. 702, 
the nomination of Judge D. Price Marshall to serve on the U.S. District 
Court for the Eastern District of Arkansas, a district court nominee 
who has been held up and filibustered. This district court nominee, 
Judge Marshall, is currently a judge on the Court of Appeals for the 
State of Arkansas. He spent 15 years in private practice in Jonesboro, 
AR. He served as a law clerk to Seventh Circuit Judge Richard S. 
Arnold. Judge Marshall was reported out of the Judiciary Committee on 
February 11, 2010, by voice vote and without dissent. He has been held 
and blockaded on this floor.
  I ask unanimous consent that the Senate proceed to executive session, 
and notwithstanding rule XXII, the Senate proceed to Executive Calendar 
No. 702; that the nomination be confirmed, and the motion to reconsider 
be laid upon the table; that any statements relating to the nomination 
be printed in the Record; and that the President be immediately 
notified of the Senate's action.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Mr. President, I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. WHITEHOUSE. Mr. President, let's try another one.
  I call up Executive Calendar No. 704. This is the nomination of Judge 
Timothy Black, again, a district court nominee, a local trial court 
nominee, to serve on the U.S. district Court for the Southern District 
of Ohio. Judge Black has served the Southern District of Ohio for 6 
years as a Federal magistrate judge. He is currently a Federal 
magistrate judge in the court for which he is nominated as a district 
judge. Before that, he spent a decade as a municipal court judge and 
had a long career as a civil litigator. He was reported out of the 
Judiciary Committee without dissent after a voice vote on February 11 
of this year. February, March, April--more than 2 months ago. He has 
languished on the Senate floor after clearing the committee without 
dissent--a judge, a district judge, a trial judge who serves now as the 
magistrate judge.
  I ask unanimous consent that the Senate proceed to executive session, 
and notwithstanding rule XXII, the Senate proceed to Executive Calendar 
No. 704, the nomination of Judge Timothy Black; that the nomination be 
confirmed, and the motion to reconsider be laid upon the table; that 
any statements relating to the nomination be printed in the Record; and 
that the President be immediately notified of the Senate's action.
  The PRESIDING OFFICER. Is there objection?
  Mr. KYL. Mr. President, for the same reasons stated before, I object.
  The PRESIDING OFFICER. Objection is heard.

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