[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[Senate]
[Pages 3367-3372]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF ANTHONY J. BATTAGLIA TO BE UNITED STATES DISTRICT JUDGE 
                FOR THE SOUTHERN DISTRICT OF CALIFORNIA

                                 ______
                                 

NOMINATION OF SUE E. MYERSCOUGH TO BE UNITED STATES DISTRICT JUDGE FOR 
                    THE CENTRAL DISTRICT OF ILLINOIS

                                 ______
                                 

 NOMINATION OF JAMES E. SHADID TO BE UNITED STATES DISTRICT JUDGE FOR 
                    THE CENTRAL DISTRICT OF ILLINOIS

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to executive session to consider the following nominations, 
which the clerk will report.
  The legislative clerk read the nominations of Anthony J. Battaglia, 
of California, to be United States District Judge for the Southern 
District of California, Sue E. Myerscough, of Illinois, to be United 
States District Judge for the Central District of Illinois, and James 
E. Shadid, of Illinois, to be United States District Judge for the 
Central District of Illinois.
  The PRESIDING OFFICER. Under the previous order, there will now be 1 
hour of debate with respect to these nominations, with the time equally 
divided in the usual form.
  The Senator from Illinois.
  Mr. DURBIN. Mr. President, I rise in support of two of the nominees. 
I will vote for all three, but I rise in support of two of the 
nominees--Sue Myerscough and James Shadid for the Central District of 
Illinois. These are nominees whom I presented to the President and who 
passed through the review not only by the White House but also by the 
Senate Judiciary Committee and now come before us today to be 
considered by the Senate.
  This day has come not a moment too soon for the Central District of 
Illinois, which I call home. It is a huge district. It covers 46 
counties, includes the State capital, as well as cities such as Peoria, 
Urbana, and Rock Island. Since last August, the Central District of 
Illinois has had only one Federal district court judge out of four. 
There are supposed to be four and, unfortunately, three seats have been 
vacant. Those three vacancies were all designated as judicial 
emergencies by the Administrative Office of the U.S. Courts.
  The chief judge, and the only active judge not in senior status, of 
the district--Mike McCuskey, also one of my nominees--has done an 
amazing job keeping the judicial system running for the past 7 months. 
Mike, in years gone by, had had some health issues. They asked him 
whether there was anything they could do to relieve the stress he was 
facing, being the only judge out of four in the district. He said: Only 
the Senate can relieve this stress. Today, Mike McCuskey, we are going 
to do our best to relieve that stress and send two excellent new 
district court judges.
  It hasn't been easy. Right now there are no active status judges in 
the Federal courthouses in Springfield and Peoria. Judge McCuskey, who 
is based in Urbana, has put a lot of miles on his car driving around 
this large district to keep the dockets moving. I salute him for his 
dedicated service, and I wish to also salute Judges Mike Mihm, Joe 
Billy McDade, Harold Baker, and Richard Mills, who stepped up to help 
out the district, despite some personal family and health challenges. 
They have stepped up, even though they are in senior status, to try to 
make sure the district was served.
  I am pleased that help is on the way to the Central District of 
Illinois. I also wish to thank my colleague, Senator Mark Kirk, who has 
joined me in presenting these nominees to the Senate.
  The first I wish to mention is a friend of mine for many years, Sue 
Myerscough. She has been prominent on the legal landscape of 
Springfield for many years. She has over 23 years of judicial 
experience and currently serves as an elected justice on the Illinois 
Fourth District Appellate Court.
  Justice Myerscough has been nominated to fill the Springfield-based 
judgeship that was vacated by the retirement of Judge Jeanne Scott, 
another one of my appointees who served that district so well.
  Justice Myerscough is a Springfield native. She earned her bachelor's 
degree and law degree from Southern Illinois University. She began her 
legal career as a law clerk for Judge Harold Baker of the same Central 
District. Following her clerkship, she worked for 6 years in private 
practice.
  Judge Myerscough was appointed as an associate judge of the Illinois 
Seventh Judicial Circuit in Springfield in 1987. In 1990, she was 
elected as a circuit judge for that court. During her 11 years as a 
trial judge, she presided over thousands of bench and jury trials, 
including some of the most complex civil litigation and murder trials. 
In 1988, Judge Myerscough was elected to her current seat on the 
Illinois appellate court and in 2008 won her retention election.
  During her years on the appellate court, she has authored over 1,200 
decisions on a wide range of issues. Justice Myerscough has worked to 
promote legal education for schoolchildren, and since 2001 she has 
served on the Board of Visitors for the Southern Illinois University 
Law School. She is an excellent judge, she is an excellent lawyer, she 
has a great family, and I am proud the President presented her name and 
the Senate will have a chance to vote on her today.
  Jim Shadid is a leading figure in the Peoria legal community. He 
currently serves as a judge on the Tenth Judicial Circuit in Peoria 
County. He has been nominated to fill the Peoria-based Federal 
judgeship that was vacated when Judge Mihm took senior status.
  Judge Shadid was born in Peoria and received his undergraduate degree 
from Bradley University. He was quite a baseball player for the Bradley 
Braves. He was a two-time team MVP and was inducted into the Bradley 
Athletics Hall of Fame. After graduation, he played a season of minor 
league baseball before he turned his talents to law and getting his 
J.D. from the John Marshall Law School in Chicago.
  He was first appointed as a circuit judge in 2001 and won retention 
elections in 2002 and 2008. He has presided over approximately 300 
trials and thousands of additional pleas and sentencings. Prior to his 
service on the State bench, Judge Shadid worked as an attorney in 
private practice, as a part-time Peoria County public defender, as a 
part-time commissioner on the Illinois Court of Claims, and as an 
assistant attorney general in Illinois.
  In addition to his broad legal experience, Judge Shadid has an 
impressive record of service to the Peoria community, including tenure 
as president of the Boys and Girls Club of Greater Peoria.
  Judge Shadid was the first Arab American to serve as a State judge in 
Illinois. Upon his confirmation, he will be the only Arab-American 
Federal judge in the State and one of only a handful nationwide. There 
is a large Arab-American community in Peoria, including my friend, the 
U.S. Transportation Secretary, Ray LaHood. I know this community and 
all of Peoria and Illinois will be so proud of Judge Shadid.
  Both Justice Myerscough and Judge Shadid were unanimously reported by 
the Judiciary Committee last month, and in a short time the Senate will 
take up their nominations. I hope my colleagues will agree that the 
people of Illinois will be well served with these two fine individuals 
on the bench.
  We will still have one vacancy, when these two are approved. 
Fortunately, President Obama has nominated another excellent candidate 
to fill that vacancy. Sara Darrow is a distinguished Federal 
prosecutor, whom I

[[Page 3368]]

was pleased to recommend to the White House. I look forward to working 
with my colleague, Senator Kirk, to consider her nomination in an 
expedited fashion.
  Also working with Senator Kirk, we have a bipartisan agreement in 
terms of filling all vacancies, and Senator Kirk is in the process now 
of choosing a judge to fill one of the vacancies in the Northern 
District of Illinois.
  Last year, the Senate confirmed three excellent judges for the 
Northern District: Judge Gary Feinerman, Judge Sharon Coleman, and 
Judge Ed Chang. I might mention that Judge Chang had been recommended 
by the Republican Selection Committee the year before, and I found him 
to be an excellent candidate. Party aside, he is going to serve very 
well and is now serving on the Northern District. Senator Kirk and I 
will continue to work together to find excellent judges for that 
Northern District.
  In conclusion, as we proceed toward this evening's votes, I urge my 
colleagues to join me in supporting the nominations of Sue Myerscough 
and Jim Shadid. They will make superb Federal judges in a district that 
desperately needs their service on the bench.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. LEAHY. Mr. President, with judicial vacancies still at 
100, nearly half of them judicial emergencies, the Senate's action 
today on 2 nominees to fill longstanding judicial emergency vacancies 
in Illinois and 1 of the many vacancies in California is much needed. I 
thank the Senate majority leader for scheduling action on these 
important nominations and the Republican leader for his cooperation. I 
commend Senator Durbin for his efforts to fill longstanding vacancies 
that have plagued the Central District of Illinois.
  These nominees are 3 of the 13 judicial nominations that were 
unanimously reported last year and have now been unanimously reported, 
again, this year by the Judiciary Committee. They could--and, in my 
view, should--have been considered and confirmed last year. Instead, 
they were returned to the President without final Senate action despite 
their outstanding qualifications, and despite the needs of the American 
people to have judges available to hear cases in these Federal courts. 
The President has had to renominate them, the Senate Judiciary 
Committee has had to reconsider them and now, finally, the Senate is 
being allowed to consider these sorely needed judges for Illinois and 
California.
  Justice Sue Myerscough and Judge James Shadid were each nominated to 
fill emergency vacancies in the Central District of Illinois. I have 
spoken on numerous occasions over the last 2 years about the need for 
the Senate to confirm them. I urged their consideration in my statement 
last Monday and am thankful that they are being considered tonight.
  Their confirmations will help relieve the chief judge of that 
district, who is the only active judge for the entire district. I have 
previously recounted how Chief Judge McCuskey wrote to Senator Durbin 
last November urging the Senate to take action to fill these vacancies. 
Chief Judge McCuskey has been commuting 90 miles between Urbana and 
Springfield and relying on senior judges to administer justice in the 
district. Judge McCuskey had a heart attack a few years ago. 
Reportedly, when his cardiologist told him that he needed to reduce his 
stress level, the chief judge replied that ``only the U.S. Senate can 
reduce my stress.'' Well, Chief Judge McCuskey, it has taken too long 
but we hope finally to provide you some relief. To the people of the 
Central District of Illinois I say, help is finally on the way.
  Judge Battaglia of California will fill a vacancy in the Southern 
District of California where he has served as a U.S. magistrate judge 
since 1993. Last November we heard from the Judicial Council of the 
Ninth Circuit, which encompasses California. They wrote to us last 
year, noting: ``In order to do our work, and serve the public as 
Congress expects us to serve it, we need the resources to carry out our 
mission. While there are many areas of serious need, we write . . . to 
emphasize our desperate need for judges. Courts cannot do their work if 
authorized judicial positions remain vacant. . . . We respectfully 
request that the Senate act on judicial nominees without delay.'' I 
agree. I am glad to see the Senate finally consider and confirm Judge 
Battaglia.
  On Thursday, the Judiciary Committee will consider the nomination of 
another California judicial nominee, John Kronstadt, who is nominated 
to fill a judicial emergency vacancy in the Central District of 
California. In the next couple weeks we should reconsider and report 
again the nomination of Edward Chen to fill a judicial emergency 
vacancy in the Northern District of California.
  Recently Seth Stern reported in Congressional Quarterly criticism 
from Chief Judge Lamberth of the U.S. District Court for the District 
of Columbia, who warned that the breakdown in the judicial confirmation 
process is ``injuring the country.'' There are two judicial nominees to 
fill longstanding vacancies for his court still waiting for final 
consideration by the Senate. The Senate should consider and confirm 
them without further delay. I will ask that a copy of the article be 
printed in the Record.
  Besides the nominees to fill vacancies in the District of Columbia, 
also reported from the Judiciary Committee and before the Senate are 
nominees to fill judicial vacancies in North Carolina, and a judicial 
emergency vacancy in New York. The Judiciary Committee has also now 
considered the renomination of Susan Carney of Connecticut to the 
Second Circuit and Michael Simon to be a district court judge in 
Oregon. More than half of the Republicans on the Judiciary Committee 
voted in favor of those nominations. They should be debated and 
confirmed without delay, as well.
  I expect to be able to move forward with reporting two additional 
Federal circuit nominees and four additional district court nominees 
this week. We are holding hearings every 2 weeks and hope finally to 
begin to bend the curve and start to lower judicial vacancies across 
the country.
  Federal judicial vacancies around the country number too many and 
they have persisted for too long. That is why Chief Justice Roberts, 
Attorney General Holder, White House Counsel Bob Bauer and many 
others--including the President of the United States--have spoken out 
and urged the Senate to act.
  Nearly one out of every eight Federal judgeships is vacant. This puts 
at serious risk the ability of all Americans to have a fair hearing in 
court. The real price being paid for these unnecessary delays is that 
the judges that remain are overburdened and the American people who 
depend on them are being denied hearings and justice in a timely 
fashion.
  Regrettably, the progress we made during the first 2 years of the 
Bush administration has not been duplicated, and the progress we made 
over the 8 years from 2001 to 2009 to reduce judicial vacancies from 
110 to a low of 34 was reversed. The vacancy rate we reduced from 10 
percent at the end of President Clinton's term to less than 4 percent 
in 2008 has now risen back to over 10 percent. In contrast to the sharp 
reduction in vacancies we made during President Bush's first 2 years 
when the Democratically controlled Senate confirmed 100 of his judicial 
nominations, only 60 of President Obama's judicial nominations were 
allowed to be considered and confirmed during his first 2 years. We 
have not kept up with the rate of attrition, let alone brought the 
vacancies down. By now they should have been cut in half. Instead, they 
continue to hover around 100.
  The Senate must do better. The Nation cannot afford further delays by 
the Senate in taking action on the nominations pending before it. 
Judicial vacancies on courts throughout the country hinder the Federal 
judiciary's ability to fulfill its constitutional role. They create a 
backlog of cases that prevents people from having their day in court. 
This is unacceptable.
  We can consider and confirm this President's nominations to the 
Federal

[[Page 3369]]

bench in a timely manner. President Obama has worked with Democratic 
and Republican home State Senators to identify superbly qualified, 
consensus nominations. None of the nominations on the Executive 
Calendar are controversial. They all have the support of their home 
State Senators, Republicans and Democrats. All have a strong commitment 
to the rule of law and a demonstrated faithfulness to the Constitution.
  During President Bush's first term, his first 4 tumultuous years in 
office, we proceeded to confirm 205 of his judicial nominations. We 
confirmed 100 of those during the 17 months I was Chairman during 
President Bush's first 2 years in office. So far in President Obama's 
third year in office, the Senate has only been allowed to consider 70 
of his Federal circuit and district court nominees. We remain well 
short of the benchmark we set during the Bush administration. When we 
approach it we can reduce vacancies from the historically high levels 
at which they have remained throughout these first three years of the 
Obama administration to the historically low level we reached toward 
the end of the Bush administration.
  I ask unanimous consent that the CQ article to which I referred be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

               [From CQ Today Online News, Feb. 28, 2011]

 Judges: ``Totally Broken'' Confirmation Process Causing ``Dire'' Case 
                                Backlogs

                            (By Seth Stern)

       Two federal judges criticized the slow pace of judicial 
     confirmations Monday, saying cases are backlogged and judges 
     overwhelmed at the trial court level.
       Speaking at a Brookings Institution event on judicial 
     nominations, Royce Lamberth, the chief judge of the U.S. 
     District Court for the District of Columbia, said the 
     confirmation process is ``totally broken'' and that the 
     pattern of ``paybacks and the bickering have been thoroughly 
     bipartisan.''
       Lamberth, who was appointed by President Ronald Reagan in 
     1987, raised similar concerns in a speech in March 2009, just 
     after the start of the Obama administration. But he said he 
     was increasingly concerned by the delays in the confirmation 
     of federal trial judges, which has only worsened in the two 
     years since.
       ``I say to both Democrats and Republicans, you are injuring 
     the country,'' Lamberth said.
       Lamberth was joined on the panel by William Furgeson Jr., a 
     Texas district court judge who said judges' growing caseloads 
     resulting from the vacancies in his district in western Texas 
     are a ``desperate problem'' that results in ``assembly-line 
     justice.''
       Furgeson called the situation on the border ``dire,'' 
     adding it was a ``giant mystery'' why senators now fight over 
     trial court judges.
       Chief Justice John G. Roberts Jr. had also emphasized the 
     ``persistent problem'' of vacancies on the federal bench in 
     his annual report on the state of the judiciary released in 
     December.
       ``Each political party has found it easy to turn on a dime 
     from decrying to defending the blocking of judicial 
     nominations, depending on their changing political 
     fortunes,'' Roberts wrote in the report.
       Only 67 percent of Obama's district court nominees were 
     confirmed during his first two years in office, compared to 
     92 percent for George W. Bush and 87 percent for Bill 
     Clinton, according to statistics compiled by Russell Wheeler, 
     a visiting fellow at the liberal-leaning Brookings 
     Institution, and 83 of 677 district court seats were vacant 
     as of Feb. 25.
       The Senate has confirmed six district court judges so far 
     this year, including two more Monday: Amy Totenberg and Steve 
     C. Jones to the Northern District of Georgia.
       On Wednesday, the Senate Judiciary Committee will hold a 
     second confirmation hearing for President Obama's most 
     controversial judicial nominee: Goodwin Liu, who was first 
     nominated for a seat on the U.S. Court of Appeals for the 9th 
     Circuit in 2009.
       The University of California law professor has faced 
     intense criticism from Republicans for his liberal views and 
     for repeatedly amending the materials he has provided to the 
     Judiciary Committee.

  Mr. DURBIN. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Mr. President, I ask unanimous consent that any time 
during the quorum be equally divided between both the Republican and 
Democratic sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. 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.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Mr. President, I am honored today to support the 
nomination of Judge Anthony Battaglia to the Southern District of 
California. I had the great privilege of recommending Judge Battaglia 
to President Obama to serve on the Southern District Court. He is 
widely respected in the San Diego legal community. He will make an 
excellent addition to the bench. I have a committee that is set up in 
all the various areas over California, and they recommended him to me, 
and I was proud to recommend him to the President. I congratulate him 
and his family on this important day.
  Judge Battaglia was born and raised in San Diego. He is a graduate of 
the U.S. International University, now Alliant International 
University, and California Western School of Law in San Diego. He has 
practiced law for 35 years in San Diego, and for 19 years he was a 
private practitioner with a very strong record as a litigator.
  For the past 16 years, Judge Battaglia has served with distinction as 
a magistrate judge for the Southern District. He has a reputation as a 
judge's judge, which means the judges believe he is very hard-working, 
thoughtful, and fair. Local lawyers praise him for being well prepared 
for hearings and for trials, and he is very diligent in moving cases 
forward. He has presided over 22 trials that have gone to verdict 
during his tenure on the bench.
  Equally important is Judge Battaglia's dedication to service outside 
the courtroom. He is a past president of the national Federal 
Magistrate Judges Association and has twice been selected by Chief 
Justices of the Supreme Court to serve on a national advisory committee 
that reviews criminal court rules.
  In short, Judge Battaglia's career stands out as a testament to his 
dedication and devotion to the law and legal community of San Diego, 
both inside and outside the courtroom.
  I close my comments here by congratulating the judge and his family 
on this momentous day, and I urge my colleagues to confirm this highly 
qualified nominee to the Federal bench.
  I am very grateful to the Judiciary Committee, which twice voted him 
out of the committee. We are grateful for that.


                        Government Shutdown Pay

  I would like to add a comment on another matter--the Boxer-Casey bill 
that was passed here and sent over to the House. The bill says that if 
there were to be a shutdown of government, which I know nobody wants, 
but if there were to be one, Members of Congress should not get their 
pay. They should not get their pay and they should not get retroactive 
pay because this is a very basic responsibility we have--to keep the 
government running, to make sure Social Security recipients receive 
checks on time, and disabled veterans, too, and make sure Superfund 
sites are cleaned up and the NIH continues functioning so they can find 
cures for the diseases that plague our families.
  It is fair to say the two parties have different views on how to 
approach the deficit. The party I am proud to belong to believes--and 
we showed it under the leadership of Bill Clinton--we can balance the 
budget but not threaten job creation. We did it under Bill Clinton, but 
we did it smartly, we did it wisely, and the millionaires did pay their 
fair share, as opposed to some of the proposals in H.R. 1 that came out 
of the House that at the minimum would cost, according to the 
economists, 200,000 jobs. We have heard estimates of 800,000 jobs. We 
cannot afford

[[Page 3370]]

to lose that many jobs just as this economy is getting to the point 
where jobs are being created in decent numbers.
  Yes, we need to trim the deficit, and yes, we have to make sure we do 
not knock this economic recovery off track. Therefore, it is essential 
that the parties work together because if we each just stay in our 
camps, we are never going to get anything done.
  Let's do this in a wise way. It is true that we had an election and 
the House changed hands. Guess what. The Senate didn't, and the White 
House is not up for election for 2 more years, so you cannot go around 
saying there was an election and the election said that the Republicans 
get everything they want. That just does not make any sense.
  Having come back from that election, I want to say it was about 
jobs--jobs, jobs, jobs. My opponent essentially asked every morning, 
every noon, and every night: Where are the jobs? And that was a fair 
question. I said to her and I said to my people in California: We are 
not creating jobs at a fast enough pace; we have to do better. As I 
stand here, how could I ever betray what I said in the campaign and 
vote for a plan that would cut between 200,000 and 800,000 jobs, the 
Republican plan from the House?
  We have to get our act together here and meet somewhere in the 
middle. If you look at the Republican plan, I think it was $100 billion 
off the President's budget. Our plan is about, now, $50 billion off of 
the President's budget. We have met them more than halfway. Let's get 
this thing done. If we get this done and do it in responsible way, yes, 
we will get this deficit on the right path. But to hold out this idea 
that we are going to go after just 12 percent of the budget and the 
things the people really rely on, the roads and the bridges and the 
highways and education and cleaning up Superfund sites and the FBI and 
all the things we rely on--to go after that one small part of the 
budget and decimate it the way H.R. 1 would do would be 
counterproductive.
  It is a job killer that hurts the middle class, and we cannot go that 
way. Having said all of this, I am sure we are going to see a vote on 
H.R. 1. I am pretty sure we are going to see a vote on H.R. 1, and I do 
not think it is going to get enough votes to pass. Then we will take 
the proposal of the Democrats that Vice President Biden has put forward 
and see what that does. If neither gets the requisite number of votes, 
we are going to have to keep talking. But we cannot continue with these 
2-week extensions. It is absolutely irresponsible. Imagine taking 
billions of dollars out of the Federal budget every 2 weeks. It is 
going to be tens of thousands of jobs in every one of our States that 
are lost.
  In summing up, I hope the Speaker of the House over there will take 
up our bill quickly, make sure that Members of Congress are not treated 
any better than anybody else. And we will hopefully avert a shutdown. 
But if there is one, we are treated like every other Federal employee, 
no budget, no pay.
  I am very grateful to the Judiciary Committee for giving us the 
opportunity to vote for Anthony Battaglia who is going to make a great 
judge for the U.S. District Court for the Southern District of 
California.
  Mrs. FEINSTEIN. Mr. President, I rise to speak in strong support of 
the nomination of Magistrate Judge Tony Battaglia to be a Federal 
district judge in the Southern District of California.
  Judge Battaglia is a highly regarded jurist in the San Diego area. 
For more than 17 years, he has served as a magistrate judge. He has 
seen more than 20 cases to verdict or judgment, has managed both 
individual and large class action suits, and has presided over matters 
ranging from environmental claims to commercial contract disputes to 
criminal and civil rights cases.
  Outside of the courtroom, Judge Battaglia has generously given his 
time to train and educate other lawyers and judges by, for example, 
writing extensively in local bar journals and leading instructional 
workshops and seminars across the country.
  He has been appointed by Chief Justice John Roberts to represent 
magistrate judges across the country on the Judicial Conference. He has 
served as president of the Federal Magistrate Judges Association. And 
he has been president of the San Diego County Judges Association.
  Prior to his appointment to the bench, Battaglia was an equally well 
regarded litigator--first with the law offices of John Marin, then as a 
sole practitioner, and finally as a partner in the firm of Battaglia, 
Fitzpatrick, & Battaglia.
  During almost two decades in private practice, he tried 23 cases to 
verdict and handled more than 125 arbitrations.
  His accolades as an attorney included serving as president of the San 
Diego Bar Association and president of the San Diego Trial Lawyers 
Association, as well as being named Outstanding Trial Lawyer by the San 
Diego Trial Lawyers Association.
  Judge Battaglia will bring to the district court a wealth of 
experience as an attorney, as well as a top-notch record as a judge.
  I commend Senator Boxer for recommending him for this position, and I 
am very pleased to support his nomination.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.
  Mr. GRASSLEY. Mr. President, today we continue in our efforts to 
lessen the burden our overworked courts currently face. We are about to 
confirm three more judicial nominees. Two of the three nominees we will 
vote on tonight are for seats designated as judicial emergencies. With 
our action today, in only 22 days the Senate has been in session, the 
Senate has confirmed 10 nominees.
  With these votes tonight, we will have confirmed 19 percent of 
President Obama's judicial nominees submitted in this Congress. This 
pace far exceeds the progress made at this point in the 108th Congress, 
which was the beginning of the third year of President Bush's 
Presidency. At this point, the 108th Congress had confirmed only 4 of 
the 48 nominations sent to the Senate, about an 8 percent confirmation 
rate.
  Our fast pace on the floor is matched by our rapid pace in committee. 
We held our third nominations hearing this past Wednesday. We have now 
heard from 13 judicial nominees and have reported 16 favorably. Our 
work in committee and on the floor indicates a cooperative effort 
between me, the chairman of the Judiciary Committee and our leadership. 
It is an indication of the progress that can be made when the President 
nominates consensus nominees.
  We will continue in our efforts, but again, I would remind everyone 
that while we in the Senate are doing our part, the administration must 
also be engaged in this process. I would note that 24 of the 41 vacant 
seats deemed to be judicial emergencies have no nominee. Of the 
additional 54 vacancies, 28 have no nominee.
  I am perplexed as to why the President would ignore these pending 
vacancies and instead spend time and resources to send up a nomination 
for a seat that will not be vacant for some time. I refer to the 
President's nomination, on February 16, 2011, of Scott Skavdahl, to be 
United States District Judge for the District of Wyoming. This seat 
will not be vacant until July 24, 2011, when the current judge will 
retire. I do not understand the administration's priorities when it 
comes to judicial nominations. Instead of focusing on nominations for 
future vacancies, I would hope the administration would use some common 
sense and direct its efforts towards nominating individuals for seats 
which are at least currently vacant.
  With regard to the nominees on whom we will vote this evening, let me 
say a few words about each.
  Judge Joseph Battaglia is nominated to be a U.S. district judge for 
the Southern District of California. He presently serves in that 
district as a U.S. magistrate judge. He was first appointed to that 
position in 1993. In addition to serving as a magistrate judge, Judge 
Battaglia has served on the Judicial Conference of the United States 
Advisory Committee on Rules of Criminal Procedure, on the Ninth Circuit 
Executive Board of Magistrate Judges,

[[Page 3371]]

and as a Magistrate Judge Observer on the Judicial Council of the Ninth 
Circuit. In 2009, Judge Battaglia was appointed by Chief Justice 
Roberts as Magistrate Judge Observer to the Judicial Conference of the 
United States.
  Judge Battaglia received his B.A. from the U.S. International 
University and his J.D. from California Western School of Law. He spent 
almost two decades working in private practice, and also acted as an 
arbitrator for the San Diego Superior Court, serving on many panels. 
The American Bar Association Standing Committee on the Federal 
Judiciary unanimously rated him ``Well-Qualified.''
  This evening, we will also vote on two nominees to the Central 
District of Illinois. Both of these vacancies are considered to be 
judicial emergencies.
  Judge James E. Shadid received his B.S. from Bradley University and 
his J.D. from the John Marshall Law School. Upon admission to the 
Illinois bar, Judge Shadid opened his own law practice. He maintained 
his law practice until 2001, when he was appointed by the Illinois 
Supreme Court to fill a vacancy on the Tenth Judicial Circuit. He was 
elected to a full term in 2002 and re-elected in 2008.
  While in private practice, he served as a part-time public defender 
at the Peoria County Public Defender's Office. He also served an 
assistant attorney general for the State of Illinois. He was appointed 
by Governor Jim Edgar to serve as a commissioner of the Court of Claims 
in Illinois. The American Bar Association Standing Committee on the 
Federal Judiciary rated Judge Shadid as ``Qualified'' by a substantial 
majority, while a minority rated him ``Well Qualified.''
  Also nominated to a judicial emergency vacancy for the Central 
District of Illinois is Judge Sue E. Myerscough. Judge Myerscough 
received her B.A. with honors, from Southern Illinois University, and 
her J.D. from Southern Illinois School of Law. Upon graduation from law 
school, she served as a law clerk to the Honorable Harold A. Baker of 
the U.S. District Court for the Central District of Illinois.
  Judge Myerscough was in private practice for approximately 6 years 
before being elected as an associate circuit court judge for the 
Seventh Judicial Circuit of Illinois. Judge Myerscough later became a 
circuit judge for the Seventh Circuit. In 1998 she was elected as an 
appellate court justice of the Illinois Appellate Court, Fourth 
District. The American Bar Association Standing Committee on the 
Federal Judiciary unanimously rated Judge Myerscough as ``Qualified.''
  I congratulate these three nominees and wish them well in their 
public service as a U.S. district judge.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. I ask unanimous consent to speak as in morning 
business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. KLOBUCHAR. Mr. President, I first wanted to alert Senators that 
we will most likely be voting somewhere around 5:30. We are still 
working on an agreement about yielding back time, but I thought people 
would like to know that.
  The other thing I wish to note is to first urge my colleagues to 
confirm the judges before us tonight, and then I wish also to briefly 
say a few words about the third vote we are going to be taking in this 
sequence.


                          America Invents Act

  In a few moments the Senate will take another important step toward 
passing the America Invents Act. This bipartisan bill will go a long 
way in ensuring our country remains the world leader in 
entrepreneurship, research, and development and, of course, innovation.
  Over the course of last week, every Senator had an opportunity to 
come to the floor and weigh in on this bill with amendments. We made a 
lot of progress, and as a result I am pleased to say we have a bill 
that is even better than the one we started with, a truly bipartisan 
product which will bring our patent system into the 21st century. If 
passed, this legislation will make the first comprehensive set of 
reforms to our Nation's patent process in almost 60 years. Sixty years.
  A lot has changed since then. The America Invents Act will create a 
legal framework that reflects current technology and a climate in which 
innovation can flourish. In doing so, it will unleash the power of our 
Nation's single most precious resource, the ingenuity of our people. I 
point out that it will do it without adding a penny to our deficit.
  An improved patent process will spark the kind of job creation and 
business growth our economy needs right now. I know you know that in 
Delaware--and we certainly know it in Minnesota. Those are not 
Democratic priorities--the priorities of competitiveness and 
innovation--and they are not Republican priorities, they are American 
priorities.
  I urge all Senators to support the motion so we can move forward with 
this important legislation. I thank Senator Grassley for all his work 
on this bill and Senator Leahy as well, and all the rest of the 
Judiciary Committee.
  I yield the floor, and we will soon have an update on whether we can 
yield back the time to start the votes at 5:30.
  Mr. GRASSLEY. Mr. President, we are prepared to yield back the 
balance of time on this side.
  Ms. KLOBUCHAR. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Ms. KLOBUCHAR. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. KLOBUCHAR. I ask unanimous consent that all remaining time on 
both sides be yielded back.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                    Nomination of Sue E. Myerscough

  Under the previous order, the nomination of Sue E. Myerscough, of 
Illinois, to be United States District Judge for the Central District 
of Illinois is confirmed.


                 Vote on Nomination of James E. Shadid

  Ms. KLOBUCHAR. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be.
  The yeas and nays were ordered.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of James E. Shadid, of Illinois, to be United 
States District Judge for the Central District of Illinois?
  The clerk will call the roll.
  The assistant bill clerk proceeded to call the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Mr. 
Conrad), the Senator from North Carolina (Mrs. Hagan), the Senator from 
Vermont (Mr. Leahy), and the Senator from Vermont (Mr. Sanders) are 
necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Utah (Mr. Hatch), the Senator from South Carolina (Mr. DeMint), 
the Senator from Nevada (Mr. Ensign), the Senator from North Dakota 
(Mr. Hoeven), the Senator from Georgia (Mr. Isakson), the Senator from 
Alaska (Ms. Murkowski), and the Senator from Kentucky (Mr. Paul).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 89, nays 0, as follows:

                      [Rollcall Vote No. 32 Exe.]

                                YEAS--89

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Harkin
     Hutchison
     Inhofe
     Inouye

[[Page 3372]]


     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Kirk
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Lee
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--11

     Conrad
     DeMint
     Ensign
     Hagan
     Hatch
     Hoeven
     Isakson
     Leahy
     Murkowski
     Paul
     Sanders
  The nomination was confirmed.


               Vote on Nomination of Anthony J. Battaglia

  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Anthony J. Battaglia, of California, to be 
United States District Judge for the Southern District of California?
  The Senator from Minnesota.
  Ms. KLOBUCHAR. Mr. President, I ask unanimous consent that the next 
two votes be 10-minute votes.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Ms. KLOBUCHAR. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from North Dakota (Mr. 
Conrad), the Senator from North Carolina (Mrs. Hagan), the Senator from 
Vermont (Mr. Leahy), the Senator from Vermont (Mr. Sanders), and the 
Senator from Virginia (Mr. Webb) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Nevada (Mr. Ensign), the Senator from Utah (Mr. Hatch), the 
Senator from North Dakota (Mr. Hoeven), the Senator from Georgia (Mr. 
Isakson), the Senator from Alaska (Ms. Murkowski), and the Senator from 
Kentucky (Mr. Paul).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER (Mr. Manchin). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 89, nays 0, as follows:

                      [Rollcall Vote No. 33 Exe.]

                                YEAS--89

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     DeMint
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Harkin
     Hutchison
     Inhofe
     Inouye
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Kirk
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Lee
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--11

     Conrad
     Ensign
     Hagan
     Hatch
     Hoeven
     Isakson
     Leahy
     Murkowski
     Paul
     Sanders
     Webb
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made en bloc and laid upon the table en bloc.
  Under the previous order, the President will be immediately notified 
of the Senate's action.

                          ____________________