[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Page 9126]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           HURWITZ NOMINATION

  Mr. BLUMENTHAL. Mr. President, I would like to express my strong 
support for the nomination of Andrew Hurwitz to be a member of the U.S. 
Court of Appeals for the Ninth Circuit. Justice Hurwitz is already an 
experienced judge, having served for almost 10 years as a member of the 
Arizona Supreme Court. He has disposed of hundreds of cases and has 
received the highest possible rating from the American Bar Association 
Standing Committee on the Federal Judiciary, ``well qualified.''
  Most important to my support, I have known Justice Hurwitz for 
literally four decades, so I am exceptionally familiar with his 
professional and personal background and am certain that he will be an 
outstanding addition to the Ninth Circuit Court of Appeals.
  I first met him at Yale Law School, where we worked together on the 
Yale Law Journal. He attended Yale after graduating from Princeton 
University in 1968. Our lives intersected again when I followed him as 
a law clerk to Judge Jon O. Newman and then as a law clerk on the U.S. 
Supreme Court, although in different years and for different Justices. 
At every step of his career as a litigator and judge, as well as 
student and law clerk, he has been a paragon of intellect and 
integrity.
  Justice Hurwitz has built a distinguished record while serving on the 
Arizona Supreme Court. Time and again, he has demonstrated an 
extraordinary capacity for analysis, thoughtfulness, and insight when 
facing the most complex and challenging questions of law. He has the 
qualifications, both professionally and personally, to be a great 
Federal judge. His reasoning is often of such a caliber that even on 
highly contested or controversial issues he has been able to build 
consensus on the court. Indeed, many of his most significant opinions 
were joined by all members of the Arizona Supreme Court.
  Before his appointment to the Arizona Supreme Court, Justice Hurwitz 
spent 25 year in private practice in Arizona, where he represented a 
wide range of interests--from AT&T and the American Broadcasting 
Company to the city of Phoenix and the Arizona State Compensation Fund. 
He also developed a specialty in Native American law, representing, 
among others, the Salt River Pima-Maricopa Indian Community and the 
Hopi Tribe. Much of the work he did during his years of practice 
involved complex appellate litigation, including numerous arguments 
before the Ninth Circuit and two before the U.S. Supreme Court. This 
experience gives Justice Hurwitz familiarity with a broad swath of 
Federal law.
  Equally impressive is Justice Hurwitz's commitment to pro bono work 
and public service. While in private practice, Justice Hurwitz argued 
and won a groundbreaking death penalty Supreme Court case, Ring v. 
Arizona, to vindicate the rights of death row inmates sentenced by 
judges rather than juries. He also took time out of his successful 
practice to work in Arizona government. Among other projects, Justice 
Hurwitz was responsible for creating the Arizona Health Care Cost 
Containment System, a program designed to rein in State Medicaid costs. 
He also worked with the Reagan administration to implement greater 
control over transportation and education for State agencies. He served 
from 1988 until 1996 on the Arizona Board of Regents, including as 
board president. During his tenure, he led an effort to require annual 
reports from universities certifying they had reached mandated 
educational goals. His commitment to public service work shows a 
dedication to the legal system that I believe should be shared by all 
members of the Federal bench.
  Throughout the 40 years I have known him, Justice Hurwitz has always 
been open about his passion for the law. From private practice to 
government to serving on the Arizona Supreme Court, he has shown 
unparalleled legal acumen and a devotion to public service. I have no 
doubt that his adherence to precedent, coupled with his passion and his 
wisdom, will serve this Nation well. President Obama has made a truly 
excellent nomination that will benefit the cause of justice in our 
Nation for many years to come.

                          ____________________