[Congressional Record (Bound Edition), Volume 162 (2016), Part 3]
[Senate]
[Pages 3886-3887]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. REID. Mr. President, later today the Senate will confirm Waverly 
Crenshaw to serve as a district judge for the Middle District of 
Tennessee.
  Mr. Crenshaw is a superb nominee with impeccable credentials and a 
sharp legal mind. He works at a prestigious law firm in Nashville, 
where he became the first ever African-American partner.
  Mr. Crenshaw is well liked by Democrats and well liked by 
Republicans. His nomination is supported by the Republican Senators 
from Tennessee, and the Judiciary Committee reported his nomination 
unanimously.
  Waverly Crenshaw's confirmation is desperately needed. The vacancy he 
will fill in the Middle District of Tennessee is a judicial emergency, 
meaning there are more cases than the judges in that district can 
administer.
  While I am pleased the Senate will confirm Mr. Crenshaw later today, 
I wonder why this eminently qualified nominee wasn't confirmed a long 
time ago. It has been more than a year since President Obama nominated 
him. The Judiciary Committee reported his nomination unanimously more 
than 9 months ago.
  That a consensus nominee like Waverly Crenshaw had to wait so long to 
be confirmed is another example--and not a good one--of Senate 
Republicans' concerted effort to undermine the American judiciary 
system. The Republican leader and the chairman of the Senate Judiciary 
Committee are leading an all-out assault on our Nation's courts by 
depriving them of qualified judges.
  Americans know of Republicans' unprecedented obstruction of President 
Obama's Supreme Court nominee, Merrick Garland. Republican gridlock is 
precluding Judge Garland from a hearing and a vote. But that same 
gridlock is extending to important lower court nominees also.
  Republicans' slow-walking and obstruction of circuit and district 
court nominees is so pronounced that it is actually making history, and 
I am not sure it is good history.
  To date, this Republican-controlled Senate has confirmed only 16 
judicial nominations. Today will be the 17th. According to the 
nonpartisan Congressional Research Service, that is good enough to make 
this Republican Senate the worst at confirming circuit court and 
district court judges.
  Chairman Grassley is running the least productive Judiciary Committee 
since World War II, measured in both judges reported out of committee 
and judges confirmed. Because of the Republicans' sloth, judiciary 
emergencies have nearly tripled, leaving our courts overworked and 
Americans without prompt access to their judiciary system. Republicans 
are refusing to do their job, and the American people are suffering as 
a result. Republican efforts to cripple our judiciary will reverberate 
for decades, preventing Americans from obtaining justice.
  It is time for the Republican leader and the senior Senator from Iowa 
to put an end to this obstruction. It is time they discontinue using 
the Senate Judiciary Committee as a political arm of the Republican 
leader's office and start doing their job. This should begin by doing 
their constitutional duty to provide advice and consent on President 
Obama's Supreme Court nominee.
  The Republican leader and Senator Grassley should give Judge Garland 
a hearing and a vote. They should stop stalling, hoping that Donald 
Trump or Ted Cruz will nominate Justice

[[Page 3887]]

Scalia's successor. This should give even Republicans pause.
  Then the Republican leader and the Judiciary Committee should move 
the backlog of qualified judicial nominations who are awaiting 
confirmation--and there are a lot of them--nominees like Paula Xinis, 
whom President Obama nominated to serve as a judge for the District 
Court of Maryland. Ms. Xinis, who is a partner in a renowned Baltimore 
law firm, has 13 years of experience as a Federal public defender. For 
5 years she worked as the director of training for the Office of the 
Federal Public Defender in all of Maryland.
  The Judiciary Committee reported Ms. Xinis 7 months ago. Yet, for 
more than half a year, Senator Grassley has ignored her nomination.
  She is not alone. The Republican leader is delaying other qualified, 
consensus nominations.
  Edward Stanton was nominated to the Western District of Tennessee and 
is supported by Senator Alexander and, of course, Senator Corker. The 
committee reported his nomination in October.
  Robert Rossiter was nominated to the District of Nebraska and has the 
support of both of his home State Republican Senators. The committee 
reported his nomination in October.
  And there are two nominees to the Western District of Pennsylvania, 
Susan Paradise Baxter and Marilyn Jean Horan, who were recommended by 
Senators Casey and Toomey. But even though it was recommended by a 
Republican Senator, the committee reported the nominations in January 
but hasn't done anything since.
  There are many other nominees whom the Judiciary Committee is 
ignoring altogether--not even holding hearings.
  So why aren't Republican Senators pressing the Republican leader to 
do his job and schedule votes on these stalled nominations? Why isn't 
the Judiciary Committee doing their part to get these judges confirmed? 
Why isn't the chairman of the committee doing his part?
  This is the same Senator Grassley who in 2008 said this:

       We should get our job done and confirm these nominees 
     because that is what it takes for the judicial branch to get 
     their work done. The judiciary needs to have the personnel to 
     get their job done.

  So let's do what Senator Grassley said a few years ago. Let's get the 
job done.
  From the Supreme Court down to the district courts, let's get the job 
done for our Nation's judiciary.

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