[Congressional Record (Bound Edition), Volume 159 (2013), Part 12]
[Senate]
[Pages 17233-17234]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           WILKINS NOMINATION

  Mr. DURBIN. Mr. President, I rise to speak about the President's 
nominations to fill vacancies on the Court of Appeals for the D.C. 
Circuit.
  The D.C. Circuit, which is considered to be the second most important 
court in America, has 8 active judges of the 11 judgeships authorized 
by law. My colleagues on the other side of the aisle have argued that 
the Senate should not confirm any of President Obama's nominees for 
these vacancies. But when there are vacancies in the Federal judiciary, 
it is the duty of the President to fill them, and it is the duty of the 
Senate to advise and consent in an honest and professional way to the 
filling of these vacancies. The Senate does not have the right to 
unilaterally determine that certain judicial seats and posts should 
never be filled by certain Presidents. That is exactly what is 
happening today in the U.S. Senate.
  Today we are considering the nomination of Judge Robert Wilkins to 
serve on the D.C. Circuit. He currently serves as a Federal judge for 
the U.S. District Court for the District of Columbia. He was confirmed 
by the Senate in 2010 by a voice vote--no controversy. Seventy of my 
colleagues, including 28 Republicans, were here for that confirmation.
  There is no question that Judge Wilkins has the experience, 
qualifications, and integrity to be an outstanding circuit court judge. 
He is a native of Indiana and a graduate of Harvard Law. He worked for 
11 years as a public defender in Washington, DC, and then joined the 
Venable law firm, where he served as a partner for nearly a decade.
  As a judge, he has presided over hundreds of civil and criminal 
cases. He has a reputation, an unblemished reputation, for fairness and 
integrity. The Leadership Conference on Civil and Human Rights, which 
strongly supports his nomination, said he has a ``wealth of experience 
and impartiality'' and a ``steadfast commitment to enforcing the rule 
of law.''
  He has been rated ``unanimously well-qualified'' to serve on the D.C. 
Circuit by the nonpartisan American Bar Association.
  No Senator--not one--questioned his qualifications during his hearing 
before the Senate Judiciary Committee. As a sitting Federal judge, he 
has already demonstrated sound judgment and integrity.
  He deserves an up-or-down vote on his nomination. And he deserves to 
be confirmed. But my Republican colleagues have made it clear that, 
once again, they are going to filibuster President Obama's nominee to 
the D.C. Circuit. It has nothing to do with Judge Wilkins, they say. 
They just do not want any Democratic President to fill this vacancy on 
this important court, period. This is becoming a pattern, an 
embarrassing pattern, in the U.S. Senate, and this court is exhibit A 
in the abuse of the filibuster.
  President George W. Bush made six nominations for the D.C. Circuit 
during his Presidency. Four were confirmed by the Senate. President 
Obama has made five nominations for the D.C. Circuit. If the 
Republicans filibuster Judge Wilkins today, as they have threatened, 
then four out of the five of this President's nominees will have been 
filibustered.
  Let's go through these nominees, just to recollect.
  Caitlin Halligan, Patricia Millett, and Nina Pillard--some of the 
finest attorneys in the country, some of the most outstanding women who 
have ever been nominated for a Federal judgeship--were all filibustered 
and stopped by the Republicans.
  My Republican colleagues say this is an argument about caseload 
because there is not enough work to justify these judges. This argument 
does not make sense. My Republican colleagues were eager to confirm 
nominees for the 9th, 10th, and 11th seats on the D.C. Circuit when it 
was a Republican President. You did not hear them talk about caseload 
then. This is a manufactured excuse for them to filibuster President 
Obama's nominees.
  When it comes to D.C. Circuit nominees by our current Democratic 
President, it looks as though we will see four times as many 
filibusters as confirmations. This is unacceptable. It is disgraceful. 
These judicial vacancies

[[Page 17234]]

are authorized by law, and the President has nominated extraordinarily 
well-qualified women and men to fill them. These nominees do not 
deserve a filibuster. They deserve a chance to be judged on their 
merits.
  I urge my Republican colleagues to stop these filibusters now and to 
allow an up-or-down vote on Judge Wilkins and these other outstanding 
nominees.
  We reached a bit of an agreement here a number of years ago that we 
would not stop these nominees unless there were ``extraordinary 
circumstances.'' That was the term that was used. It turns out one of 
those extraordinary circumstances is when a Democratic President named 
Barack Obama makes a nomination. Too many Republicans think that is 
extraordinary and that they can stop well-qualified, good people from 
serving our Nation and serving on this important court.
  We will have a chance this afternoon. I hope Judge Wilkins will be 
given that chance to serve on this important court.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. WARREN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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