[Congressional Record (Bound Edition), Volume 161 (2015), Part 6]
[Senate]
[Pages 7712-7714]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF JILL N. PARRISH TO BE UNITED STATES DISTRICT JUDGE FOR 
                          THE DISTRICT OF UTAH

                                 ______
                                 

 NOMINATION OF JOSE ROLANDO OLVERA, JR., TO BE UNITED STATES DISTRICT 
                JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS

                                 ______
                                 

    NOMINATION OF PATRICIA D. CAHILL TO BE A MEMBER OF THE BOARD OF 
          DIRECTORS OF THE CORPORATION FOR PUBLIC BROADCASTING

                                 ______
                                 

NOMINATION OF MARK SCARANO TO BE FEDERAL COCHAIRPERSON OF THE NORTHERN 
                       BORDER REGIONAL COMMISSION

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations, 
which the clerk will report.
  The senior assistant legislative clerk read the nominations of Jill 
N. Parrish, of Utah, to be United States District Judge for the 
District of Utah; Jose Rolando Olvera, Jr., of Texas, to be United 
States District Judge for the Southern District of Texas; Patricia D. 
Cahill, of Missouri, to be a Member of the Board of Directors of the 
Corporation for Public Broadcasting for a term expiring January 31, 
2020; and Mark Scarano, of New Hampshire, to be Federal Cochairperson 
of the Northern Border Regional Commission.
  Mr. LEAHY. Mr. President, today, we are finally voting on the 
nomination of Jill Parrish to serve as a Federal district judge in the 
District of Utah and Jose Olvera to serve as a Federal district judge 
in the Southern District of Texas. Five and a half months into this new 
Congress, these are just the third and fourth judicial nominees that we 
will vote to confirm. That is simply unacceptable.

[[Page 7713]]

  Both of these individuals were nominated last September--more than 8 
months ago. After receiving a hearing in January, they were voted out 
of the Judiciary Committee unanimously by voice vote in February. Their 
nominations have now been on the Executive Calendar for nearly 3 
months. There is no good reason why these nominees should have waited 
this long for a vote. The vacancy Jose Olvera will fill in the Southern 
District of Texas has been designated a judicial emergency. In fact, he 
will fill just one of six district court emergency vacancies in the 
State of Texas, which currently has a total of eight district court 
vacancies.
  The Senate has a duty to fill judicial vacancies no matter which 
party holds the majority. When I was chairman of the Judiciary 
Committee during the Bush administration, I worked quickly to schedule 
confirmation hearings for judicial nominees and moved them through the 
confirmation process without unnecessary delay.
  In the 17 months I chaired the Senate Judiciary Committee during 
President Bush's first 2 years in office, the Senate confirmed 100 
Federal circuit and district court judges. I also served as chairman 
during the last 2 years of the Bush administration and continued to 
hold regular hearings on judges. We confirmed 68 district and circuit 
court judges in those last 2 years.
  Now, this Republican majority has taken 3 months to schedule a 
confirmation vote for a single district court judge, and after today's 
votes only 4 district court judges will have been confirmed this year. 
In contrast, when the Democrats were in an equivalent position in 2007, 
the seventh year of the Bush administration, we had confirmed 18 
circuit and district court judges after 5 months. That's 18 judges 
under a Democratic majority compared to 4 under the Republicans.
  Nevertheless, the Republican majority continues to make excuses for 
their continued obstruction and delay on confirming judicial nominees. 
Their excuse is that the Democratic majority was only able to confirm 
those 18 judges in 2007 because those nominees were held over from the 
previous year. What the Republicans failed to note is that half or nine 
of the judges confirmed in the first 5 months of 2007, were not among 
those left pending on the Senate Executive Calendar at the end of 2006.
  The justifications offered by the Republican majority also miss the 
bigger picture. The Republican majority is simply holding up judicial 
nominations for no good reason. Since the beginning of 2015, the number 
of circuit and district court vacancies has jumped from 40 to 51 
vacancies after today's confirmations. The number of judicial 
emergencies has doubled, from 12 to now 24 after today's confirmation 
of Judge Olvera. The Republican majority is failing to govern 
responsibly and to fill judicial vacancies where they are needed.
  It is unfortunate that as we head into Memorial Day recess the Senate 
Republicans are allowing confirmations votes on only 2 of the 10 
noncontroversial judicial nominees pending on the Senate Executive 
Calendar. There is nothing keeping the Senate from confirming all 10 
nominees--nothing, except for the mindset of delay for delay's sake, 
which is unfortunately the hallmark of the majority's leadership on 
nominations.
  There are nominees that remain pending on the calendar that will fill 
a vacancy on the Federal Circuit as well as a nominee to serve in the 
Western District of Missouri who were first nominated last year, had a 
hearing more than 2 months ago, and were reported favorably out of 
committee 1 month ago by voice vote.
  In addition, there are five U.S. Court of Federal Claims nominees who 
were first nominated a year ago. These five CFC nominees had hearings 
10 months ago, were favorably reported out of the Judiciary Committee 
unanimously by voice vote last Congress, and again earlier this year. 
We have heard no opposition to any of these nominees, yet they have 
been in limbo for months and months. The CFC is where our citizens go 
to seek redress against the Federal Government for monetary claims. The 
cases this court hears include claims of unlawful takings of private 
land by the U.S. Government without proper compensation under the 5th 
Amendment, claims of veterans seeking disability benefits for combat 
related injuries, and vaccine compensation claims.
  We are debating trade policy in the Senate, yet the nomination to 
fill one of four current vacancies on the U.S. Court of International 
Trade has sat idle on the Senate Executive Calendar for months. Like 
the CFC nominees, the CIT nominee had a hearing last year, was 
favorably reported out of the Judiciary Committee unanimously by voice 
vote last Congress, and again earlier this year.
  I urge the Republican leadership to clear the Executive Calendar of 
the many consensus executive and judicial nominations before we break 
for the Memorial Day recess. Let us show respect for our co-equal 
branches of government and put these nominees in place to get to work 
for the American people.


                           Parrish Nomination

  Mr. HATCH. Mr. President, the Senate will soon be voting to confirm 
Justice Jill Parrish's nomination from the Utah Supreme Court to the 
U.S. District Court for the District of Utah.
  Justice Parrish, who currently sits on the Utah Supreme Court, is 
extraordinarily well-prepared to fill this vacancy, and I hope and 
expect that my colleagues on both sides of the aisle will support her 
nomination.
  Justice Parrish is a well-known and highly regarded leader in the 
Utah legal community, who has served with honor and distinction on the 
Supreme Court of Utah. Her sharp legal mind, breadth of experience, and 
impressive judicial temperament prepared her to serve on the Federal 
bench. I cannot think of a more qualified nominee to fill this vacancy 
at this time. I support Justice Parrish's nomination in the strongest 
possible terms, and I urge my colleagues to do the same.
  As a former chairman of the Judiciary Committee, I have long worked 
to secure confirmations for the most qualified judicial nominees. In 
fact, I have participated in the appointment of three-quarters of the 
judges who have ever served on the U.S. District Court for the District 
Utah. That experience has given me a sense, both personally and 
professionally, of the kind of individual who will serve well on the 
Federal bench. That experience gives me every reason to strongly 
recommend Justice Parrish for this appointment.
  Justice Parrish is a talented jurist with an impressive background. 
After graduating from Yale Law School, she distinguished herself in 
private practice before appointment to the Utah Supreme Court. During 
her 30-year service, she has established a record of excellence both 
before and behind the bench, in both State and Federal courts, in both 
the private and public sector, and in both trial and appellate courts.
  The American Bar Association gave Justice Parrish a ``well-
qualified'' rating--a distinction the organization only awards to 
experienced nominees with the most remarkable legal ability and the 
highest reputation for integrity. Federal nominees who receive the 
``well-qualified'' rating are also known for their breadth of 
experience, their success in the legal community, and their capacity 
for judicial temperament.
  Not only does Justice Parrish match the ABA's requirements, but in 
every respect, she exceeds them. The United States has the most 
respected judiciary in the world, and we expect our nominees to the 
Federal bench to have a record of accomplishment in their chosen area 
of legal expertise. Justice Parrish is remarkable in that she has not 
just one but multiple areas of expertise, bringing keen judgment to an 
appointment that requires a broad range of experiences.
  I have every confidence that Justice Parrish will serve admirably as 
a district judge, just as she has served honorably on the Utah Supreme 
Court. I might say, in supporting her confirmation, I wish to thank 
Senator Lee, who is not only my colleague on the Judiciary Committee 
but also my partner in representing our great State and in recommending 
the best candidate for

[[Page 7714]]

judicial appointment. We agree that Justice Parrish is a well-qualified 
nominee, and we strongly recommend her swift and unanimous 
confirmation. I call on my colleagues--Republicans and Democrats 
alike--to support her nomination.
  I know this woman personally. I know her very, very well. All of the 
qualities I have been speaking about I have personally observed.
  I think everybody here knows how seriously I take appointments to the 
Federal bench. In this particular case, I feel very, very good about 
this nomination. I ask my colleagues to vote for her.
  Mr. LEE. Mr. President, we will have the opportunity in a few moments 
to vote on a friend and colleague, Jill Parrish, who serves currently 
on the Utah Supreme Court. She has been nominated by President Obama to 
serve on the U.S. District Court for the District of Utah, replacing 
Federal Judge Dee Benson, with whom I have clerked.
  I can think of no one better to replace Judge Benson than Justice 
Parrish. She is a friend, she is a respected jurist, and she is a 
dedicated citizen. She is a friend to all who know her.
  I am honored to have the opportunity to vote for her today, and I 
urge all of my colleagues to do the same.
  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Jill N. Parrish, of Utah, to be United 
States District Judge for the District of Utah?
  Mr. LEE. 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 senior assistant legislative clerk called the roll.
  The result was announced--yeas 100, nays 0, as follows:

                      [Rollcall Vote No. 184 Ex.]

                               YEAS--100

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Durbin
     Enzi
     Ernst
     Feinstein
     Fischer
     Flake
     Franken
     Gardner
     Gillibrand
     Graham
     Grassley
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kaine
     King
     Kirk
     Klobuchar
     Lankford
     Leahy
     Lee
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Perdue
     Peters
     Portman
     Reed
     Reid
     Risch
     Roberts
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Vitter
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden
  The nomination was confirmed.


                       Vote on Olvera Nomination

  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Jose Rolando 
Olvera, Jr., of Texas, to be United States District Judge for the 
Southern District of Texas?
  Mr. BURR. 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 result was announced--yeas 100, nays 0, as follows:

                      [Rollcall Vote No. 185 Ex.]

                               YEAS--100

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Boozman
     Boxer
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Cassidy
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Donnelly
     Durbin
     Enzi
     Ernst
     Feinstein
     Fischer
     Flake
     Franken
     Gardner
     Gillibrand
     Graham
     Grassley
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kaine
     King
     Kirk
     Klobuchar
     Lankford
     Leahy
     Lee
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Perdue
     Peters
     Portman
     Reed
     Reid
     Risch
     Roberts
     Rounds
     Rubio
     Sanders
     Sasse
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Sullivan
     Tester
     Thune
     Tillis
     Toomey
     Udall
     Vitter
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden
  The nomination was confirmed.
  The PRESIDING OFFICER. The majority leader.


                           Order of Business

  Mr. McCONNELL. Mr. President, I am sure everybody is interested in 
the state of play. Chairman Hatch and Senator Wyden are meeting off the 
floor to try to identify a path forward. We would like to get more 
amendments pending and set some votes for later this evening.
  I hope we will have an update from the bill managers here shortly, 
but I want to remind everybody, we are going to finish this bill before 
we leave. We are going to deal with FISA and we are going to deal with 
highways. There is a path forward, if people want to take it, that 
could complete all of this work at a reasonable time--probably sometime 
tomorrow--or we could make it difficult, but the end won't change. So I 
would just encourage at least some level of cooperation here because we 
are doing TPA and we are doing FISA and we are doing highways.
  I yield the floor.


                       Vote on Cahill Nomination

  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Patricia D. 
Cahill, of Missouri, to be a Member of the Board of Directors of the 
Corporation for Public Broadcasting for a term expiring January 31, 
2020?
  The nomination was confirmed.


                       Vote on Scarano Nomination

  The PRESIDING OFFICER. Under the previous order, the question is, 
Will the Senate advise and consent to the nomination of Mark Scarano, 
of New Hampshire, to be Federal Cochairperson of the Northern Border 
Regional Commission?
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table and the 
President will be immediately notified of the Senate's action.

                          ____________________