[Congressional Record (Bound Edition), Volume 157 (2011), Part 11]
[Senate]
[Pages 15690-15691]
[From the U.S. Government Publishing Office, www.gpo.gov]




                         THE EXECUTIVE CALENDAR

  Mr. TOOMEY. Mr. President, I rise to offer my full support for the 
nomination of Judge Cathy Bissoon to serve as a U.S. district judge for 
the Western District of Pennsylvania. But before I begin, I would like 
to quickly express my appreciation to my colleague, Senator Casey, whom 
I see across the Chamber at this moment, to thank him for his 
collaboration in our joint efforts to fill the vacancies on the Federal 
bench from Pennsylvania.
  As I think many of our colleagues would agree, the confirmation of 
Federal judges is one of the most important constitutional functions of 
any Member of the Senate. Since I was sworn in, Senator Casey and I 
have worked together on a bipartisan basis to identify and advance 
qualified candidates for the Federal bench. As part of this effort, I 
have supported President Obama's three district court nominees for 
Pennsylvania, even though they were first appointed before I was sworn 
in to the Senate. I am pleased this spirit of cooperation has led to 
today's confirmation vote for Judge Bissoon. I remain hopeful we will 
have a number of confirmation votes in the very near future as Senator 
Casey and I continue to work together to recommend qualified 
individuals to serve on the Federal bench.
  A quick couple words about Judge Bissoon. She was nominated last year 
following the recommendations of Senators Casey and Specter and was 
renominated by the administration in January. Judge Cathy Bissoon has 
had a distinguished career in the law. She was born and raised in New 
York City, where she attended Alfred University and graduated summa cum 
laude with a degree in political science. She earned her law degree 
from Harvard University before moving to Pittsburgh to join Reed Smith, 
an international law firm, where she has practiced labor and employment 
law in particular. She went on to clerk for Chief U.S. District Judge 
Gary Lancaster and later returned to Reed Smith to be a partner in 
2001. Judge Bissoon left private practice in 2008 to assume her current 
position as magistrate judge for the Western District of Pennsylvania. 
Her strong work ethic, discipline and, in particular, her experience in 
labor and employment law make her well qualified to preside over cases 
in the Western District of Pennsylvania, a district with a heavy 
employment caseload.
  Earlier this year, I had the opportunity to sit down with Judge 
Bissoon and learn more about her legal philosophy. She stressed to me 
in that conversation that she understands very well a judge's role is 
to enforce the law as written, regardless of the judge's personal 
beliefs about that law. Chief Justice Roberts came up with a metaphor 
for this which has become rather famous, in which he described the role 
of a judge as an official on the playing field but not one of the 
players. Judge Bissoon confirmed that is exactly her view of the role 
of a judge, that it is the role of a legislator, branched together with 
the executive, to pass the law and the role of the judge to enforce the 
law impartially. I am confident she understands that role, has 
internalized that and would bring that, as well as a great degree of 
experience and judicial acumen, to this very important role. That is 
why I am supporting her nomination.
  Following a hearing before the Senate Judiciary Committee, Judge 
Bissoon was unanimously approved by the committee back in July. I have 
strong confidence in Judge Bissoon's ability, and I encourage my Senate 
colleagues to join me in confirming her as a Federal district judge for 
the Western District in a vote that will be occurring later this 
evening.
  In addition to Judge Bissoon's nomination, I would like to briefly 
express my support for two other Pennsylvania nominees who were also 
unanimously approved by the Judiciary Committee back in July. I hope 
they will each receive floor consideration very soon.
  Mark Hornak, a nominee for the Western District of Pennsylvania, 
graduated from the University of Pittsburgh, where he was recognized as 
a National Merit Scholar. He went on to graduate summa cum laude from 
the University of Pittsburgh School of Law, where he served as editor-
in-chief of the Law Review and was awarded the Order of the Coif.
  Following graduation, he served as a law clerk to the Honorable James 
Sprouse, U.S. circuit judge for the Fourth Circuit. Since 1982, he has 
practiced labor and employment law at Buchanan Ingersoll & Rooney. 
Throughout Mr. Hornak's career, he

[[Page 15691]]

has been a careful student of the law and has demonstrated an 
intellectual curiosity and commitment to integrity, which I know will 
serve him well if he is confirmed to the bench.
  Finally, Robert Mariani is a nominee for the Middle District of 
Pennsylvania. He graduated cum laude from Villanova University, 
received his J.D. from Syracuse University College of Law. Following 
graduation, he established the law firm of Mariani & Greco, where he 
began a career as a civil litigator in the Scranton area and has done 
that for about three decades.
  He is a respected member of the Scranton community. He was nominated 
for a State superior court seat in 1993 by then-Gov. Robert Casey, Sr. 
He served as a mediator or arbitrator for a variety of legal matters 
and currently is sole shareholder of Robert D. Mariani, P.C., with a 
focus on employment and labor law. Mr. Mariani's diligence, 
professionalism, and knowledge of the law would be an asset to the 
bench.
  Earlier this year, I had the opportunity to meet separately with both 
Mr. Hornak and Mr. Mariani and I am very confident of their intellect, 
their experience, their integrity, temperament, commitment to public 
service, and to their understanding of the proper role of the judge. I 
believe these character traits and this range of experience will enable 
them to serve the people of Pennsylvania. I am, therefore, pleased to 
rise to speak on their behalf and to urge all my colleagues to support 
their confirmation.
  Mr. LEAHY. If the Senator will yield on that point, he is absolutely 
right. They were reported unanimously from the Senate Judiciary 
Committee on July 21. They were cleared that day on the Democratic 
side. We were perfectly willing to bring them up and voice vote them 
that day or the next day or the day after. We were perfectly willing to 
have a vote in August before we went out. We were perfectly willing to 
have them voted on in September. We were perfectly willing to have them 
voted on early, in early October because of the Senator's support and 
Senator Casey's support. For some reason, that was not cleared on the 
Senator's side of the aisle. I will be happy to work with my friend 
from Pennsylvania--after all, we each have the same first name--and we 
will try to clear them. What the Senator said about them is absolutely 
true. These are the kind of judges--whether we have a Republican or 
Democratic President, they would be proud to have them on the bench, 
and I pledge to work with both Senators from Pennsylvania to get them 
through.
  Mr. TOOMEY. I thank the chairman.
  It is my understanding we are going to vote this evening on Judge 
Bissoon, and I would certainly enjoy the opportunity to work closely 
with the chairman to ensure that we could have votes as soon as 
possible on the other nominees.
  I yield the floor.

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