[Congressional Record (Bound Edition), Volume 160 (2014), Part 5]
[Senate]
[Pages 6386-6388]
[From the U.S. Government Publishing Office, www.gpo.gov]




                             CLOTURE MOTION

  The PRESIDING OFFICER. Under the previous order, pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will state.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the nomination of 
     Sheryl H. Lipman, of Tennessee, to be United States District 
     Judge for the Western District of Tennessee.
         Harry Reid, Patrick J. Leahy, Jon Tester, Barbara Boxer, 
           Charles E. Schumer, Benjamin L. Cardin, Richard J. 
           Durbin, Christopher A. Coons, Jack Reed, John D. 
           Rockefeller IV, Carl Levin, Bill Nelson, Sheldon 
           Whitehouse, Christopher Murphy, Patty Murray, Tom 
           Udall, Angus S. King, Jr.

  Mr. LEAHY. Mr. President, today, we will vote to end filibusters on 
the nominations of Sheryl Lipman to the U.S. District Court for the 
Western District of Tennessee, Stanley Bastian to the U.S. District 
Court for the Eastern District of Washington, Manish Shah to a judicial 
emergency vacancy on the U.S. District Court for the Northern District 
of Illinois, Daniel Crabtree to the U.S. District Court for the 
District of Kansas, Judge Cynthia Bashant to the U.S. District Court 
for the Southern District of California, and Judge Jon Levy to the U.S. 
District Court for the District of Maine. These are just 6 of the 31 
judicial nominees currently pending on the Senate Floor.
  Every single one of these nominees was voted out of the Judiciary 
Committee with bipartisan support and every single one of these 
nominees has the support of their home State Senators. Nevertheless, we 
are once again being forced to follow the costly ritual of filing and 
voting on cloture for non-controversial nominees and wasting valuable 
floor time repeating this exercise. Meanwhile, it is our Federal 
Judiciary and the American people who suffer from these delays.
  I recently heard remarks from the Minority Leader claiming that 
``many of these nominees would have been confirmed last December had we 
not'' instituted the rules change. This statement is simply belied by 
the facts. Senate Republicans have obstructed and slowed the 
nominations process throughout this President's entire tenure--in both 
his first and second terms. At the end of each calendar year, Senate 
Republicans deliberately refuse to vote on several judicial nominees 
who could and should be confirmed in order to consume additional time 
the following year confirming these nominees. This has happened at the 
conclusion of every single year of the Obama presidency.
  At the end of 2009, they left 10 nominations on the Executive 
Calendar without a vote. Two of those nominations were returned to the 
President, and it subsequently took 9 months for the Senate to take 
action on the other 8. This resulted in the lowest 1-year confirmation 
total in at least 35 years. In 2010 and 2011, Senate Republicans left 
19 nominations on the Senate Executive Calendar at the end of each 
year. It then took nearly half the following year for the Senate to 
confirm these nominees. In 2012, Senate Republicans left 11 judicial 
nominees without action and another four had hearings but Republicans 
refused to expedite their consideration. In 2013, Senate Republicans 
left 9 nominations on the Executive Calendar. Another 15 judicial 
nominees could have been reported to the full Senate and confirmed by 
the end of last year, but Senate Republicans blocked the Judiciary 
Committee's ability to meet to report these nominees to the full 
Senate. So, the idea that the rules change has somehow triggered 
Republican obstruction is simply not true. This has been a persistent 
and coordinated effort since the very beginning of the Obama 
presidency, and the rules change was an attempt to overcome some of 
these tactics of delay and obstruction.

[[Page 6387]]

  I have also seen reports lately that President Obama is now outpacing 
President George W. Bush in terms of judicial nominees confirmed at the 
same point in their presidencies. It is true that at this point in 
their respective presidencies, President Bush had 232 nominees 
confirmed while this President has had 235 nominees confirmed. This is 
certainly welcome news.
  I would note, however, that this statistic paints a very incomplete 
picture of what needs to be done. Although there have been slightly 
more nominees confirmed, the vacancies are much higher at this point in 
this president's tenure than in President Bush's tenure. In April 2006, 
there were only 54 vacancies in the Federal judiciary. In stark 
contrast, as of April 2014, there are currently 85 vacancies in the 
Federal judiciary--31 vacancies more than existed at the same point in 
President Bush's tenure.
  The comparison is even more troubling when you consider the 31 
judicial nominees currently pending on the Executive Calendar. We could 
lower the number of judicial vacancies today to 54 if Senate 
Republicans would consent to voting on all of the pending nominees. We 
have not had fewer than 60 vacancies since February 2009, at the 
beginning of President Obama's first term. And for most of President 
Obama's tenure in office, judicial vacancies have continued to hover 
around 80 and 90 because of Senate Republican obstruction. 
Nevertheless, Senate Republicans continue to object to votes on these 
nominations.
  These 6 nominees for whom we are voting to invoke cloture on today 
were nominated last August and September. It is about time that we held 
a vote on their nominations. All 6 nominees are well qualified and we 
should end these filibusters and confirm them as soon as possible.
  Sheryl Lipman has served as University Counsel to the University of 
Memphis since 2002, where she has also served as interim chief of staff 
to the president of the university and senior attorney. Prior to her 
work for the University of Memphis, she worked for nearly a decade in 
private practice at various law firms. Following her graduation from 
law school, she served as a law clerk to Judge Julia Gibbons of the 
U.S. District Court for the Western District of Tennessee. Ms. Lipman 
has the support of her home State Republican Senators, Senator Corker 
and Senator Alexander. The Judiciary Committee reported her unanimously 
by voice vote to the full Senate on January 16, 2014.
  Stanley Bastian has worked in private practice for over 15 years and 
currently serves as a managing partner at the law firm Jeffers, 
Danielson, Sonn & Aylward, P.S. From 1985 to 1988, he served as an 
Assistant City Attorney in the Seattle City Attorney's Office, from 
1984 to 1985 he served as a law clerk to Judge Ward Williams of the 
Washington State Court of Appeals Division I. Mr. Bastian previously 
served as the president of the Washington State Bar Association. He has 
the support of his home State Senators, Senator Murray and Senator 
Cantwell. The ABA Standing Committee on the Federal Judiciary 
unanimously rated him ``well qualified'' to serve on the U.S. District 
Court for the Eastern District of Washington, its highest rating. The 
Judiciary Committee reported him unanimously by voice vote to the full 
Senate on January 16, 2014.
  Manish Shah has served in the United States Attorney's Office for the 
Northern District of Illinois since 2001. He has served as the chief of 
the Criminal Division since 2012, and previously served as the chief of 
Criminal Appeals, deputy chief of Financial Crimes & Special 
Prosecutions, and deputy chief of General Crimes. He also served as a 
law clerk to Judge James Zagel of the U.S. District Court for the 
Northern District of Illinois from 1999 to 2001. Mr. Shah was awarded 
the Federal Bureau of Investigation Director's Award for Outstanding 
Criminal Investigation in 2008 and the Executive Office for U.S. 
Attorneys Director's Award for Superior Performance by a Litigative 
Team in 2007. He earned his B.A. with honors and distinction from 
Stanford University in 1994. He earned his J.D. with honors from the 
University of Chicago Law School in 1998. He has the bipartisan support 
of his home State Senators, Senator Durbin and Senator Kirk. The 
Judiciary Committee reported him unanimously by voice vote to the full 
Senate on January 16, 2014. If confirmed, he would be the first South 
Asian judge to serve on a Federal court in Illinois.
  Daniel Crabtree has worked as a partner at Stinson, Morrison, Hecker, 
LLP since 2002. He previously worked in private practice for 21 years 
at Stinson, Mag & Fizzel. He has also served as the general counsel for 
the Kansas City Royals Baseball Club and Walsworth Publishing Company 
since 2008. In private practice, he has provided pro bono legal 
services through the Volunteer Attorney Project of the Legal Aid Office 
of the Western District of Missouri. Mr. Crabtree has the support of 
his Republican home State Senators, Senator Moran and Senator Roberts. 
The ABA Standing Committee on the Federal Judiciary unanimously rated 
him ``well qualified'' to serve on the U.S. District Court for the 
District of Kansas. The Judiciary Committee reported him unanimously by 
voice vote to the full Senate on January 16, 2014.
  Judge Cynthia Bashant has served as a California State judge in San 
Diego Superior Court since 2000, and for 3 years as the court's 
presiding judge, 2010-2013. During her 13 years on the bench, she has 
presided over approximately 100 jury trials and over 1,000 bench 
trials. Prior to her judicial service, she served as an assistant U.S. 
attorney in the Southern District of California, 1989-2000, and worked 
in private practice at Baker and McKenzie (1988-1989) and at McDonald 
Halsted and Laybourne, 1986-1988. In private practice, she provided pro 
bono legal services to the San Diego Volunteer Lawyers Program and the 
American Civil Liberties Union. While serving as an assistant U.S. 
attorney, she received six Special Commendations for Outstanding 
Performance. Judge Bashant has the support of her home State Senators, 
Senator Feinstein and Senator Boxer. The Judiciary Committee reported 
her unanimously by voice vote to the full Senate on January 16, 2014.
  Justice Jon Levy has served as an associate justice on the Maine 
Supreme Judicial Court since 2002. He previously served as a state 
judge in York, ME, as chief judge, 2001-2002, deputy chief judge, 2000-
2001, and as a district court judge for Maine's Tenth Judicial District 
(1995-2000). Prior to his judicial service, he worked in private 
practice for more than a decade. He previously served as a special 
monitor in the U.S. District Court for the Southern District of Texas, 
1981-1982. After graduating from law school, he served as a law clerk 
to Judge John Copenhaver, Jr., of the U.S. District Court for the 
Southern District of West Virginia, 1979-1981. He is a member of the 
American Bar Association's Standing Committee on Legal Aid and Indigent 
Defendants. As a leader in the Maine Justice Action Group, he has 
promoted pro bono involvement throughout Maine's legal community. 
Justice Levy has the bipartisan support of his home State Senators, 
Senator King and Senator Collins. The Judiciary Committee reported his 
nomination favorably with bipartisan support to the full Senate on 
January 16, 2014.
  I thank the majority leader for filing cloture petitions to end the 
filibusters of these much needed judges. I hope my fellow Senators will 
join me today to end these filibusters so that these nominees can get 
working on behalf of the American people.
  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Sheryl H. Lipman, of Tennessee, to be United States 
District Judge for the Western District of Tennessee, shall be brought 
to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Arkansas (Mr. Pryor) is 
necessarily absent.

[[Page 6388]]


  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Arkansas (Mr. Boozman) and the Senator from Florida (Mr. 
Rubio).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 58, nays 39, as follows:

                      [Rollcall Vote No. 111 Ex.]

                                YEAS--58

     Alexander
     Baldwin
     Begich
     Bennet
     Blumenthal
     Booker
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Corker
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Levin
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Nelson
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Walsh
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--39

     Ayotte
     Barrasso
     Blunt
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                             NOT VOTING--3

     Boozman
     Pryor
     Rubio
  The PRESIDING OFFICER. On this vote the yeas are 58 and the nays are 
39. The motion to invoke cloture is agreed to.
  The majority leader is recognized.
  Mr. REID. We have five more votes. At the end of 10 minutes, with the 
5-minute kicker on each of these votes, we should close the vote no 
matter who is not here. We have a lot to do today. We have two caucuses 
that should start at 12:30, and so we will have to rush through these 
as quickly as we can.

                          ____________________