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THE STAKES ARE SIMPLY THIGH FOR
US NOT -- TO HIGH FOR US NOT TO
SEIZE THIS MOMENT.
MR. PRESIDENT, I ASK UNANIMOUS
CONSENT THAT FURTHER EXTENSION
OF MY REMARKS BE PLACED IN THE
RECORD AT THIS POINT.
OBJECTION.
MR. PRESIDENT, I
YIELD THE FLOOR.
THE
SENATOR FROM IOWA.
I RISE TO SPEAK
ON S. 23, THE AMENDMENTS
PROBABLY HAVE A LOT OF
AMENDMENTS BUT RIGHT NOW WE'RE
TALKING ABOUT THE BILL.
AMERICA INVENTS ACT IS WHAT IT'S
CALLED.
AND I SHOULD GIVE, EXPRESS MY
GRATITUDE TO THOSE OF OTHERS
THAT HAVE HELPED SO MUCH ON
THIS, BEEN, QUITE FRANKLY, MORE
INVOLVED ON THIS BILL THAN I
HAVE BEEN.
CHAIRMAN LEAHY, SENATOR HATCH,
SENATOR SESSIONS, SENATOR KYL.
BUT THIS IS A BIPARTISAN BILL.
OVER THE PAST FIVE YEARS OR SO,
THE SENATE JUDICIARY COMMITTEE
HAS BEEN CONSIDERING
COMPREHENSIVE PATENT REFORM.
CHAIRMAN LEAHY HAS ENGAGED
SENATORS ON BOTH SIDES OF THE
AISLE AS WELL AS A WIDE RANGE OF
GROUPS ON THE OUTSIDE.
HIS EFFORTS HAVE BEEN PIVOTAL IN
BRINGING TOGETHER DIVERSE VIEWS
COMPROMISE BILL.
IN FACT, THE BILL IS SUPPORTED
BY A LARGE NUMBER OF INDUSTRIES
AND OTHER STAKEHOLDERS FROM THE
UNITED STATES PATENT COMMUNITY.
I COMMEND THE LEADERSHIP OF
CHAIRMAN LEAHY AS WELL AS THE
LEADERSHIP OF SENATOR HATCH FOR
GETTING US TO WHERE WE ARE AT
THIS POINT.
INTELLECTUAL PROPERTY RIGHTS ARE
EXTREMELY IMPORTANT TO OUR
NATION'S ECONOMY.
AN EFFECTIVE AND EFFICIENT
PATENT SYSTEM WILL HELP PROMOTE
INNOVATION AND TECHNOLOGICAL
ADVANCEMENT IN AMERICA AND MAKE
LIFE BETTER FOR US ALL.
AN EFFECTIVE AND EFFICIENT
PATENT SYSTEM ALSO WILL HELP
PROVIDE STIMULUS FOR BUSINESSES
AND OBVIOUSLY GENERATE MANY NEW
JOBS.
EVERYONE AGREES WE NEED A
WELL-FUNCTIONING PATENT AND
TRADEMARK OFFICE WITHIN OUR
GOVERNMENT SO THAT IT CAN
MANNER.
WE SHOULD FIND WAYS TO HELP THE
PATENT AND TRADEMARK OFFICE
PATENT APPLICATION
PROCESS AND ELIMINATE THE
EXPERIENCING.
WE SHOULD REDUCE COSTS AND
DECREASE ABUSIVE LITIGATION AND
IMPROVE CERTAINTY IN THE PATENT
PROCESS AND STRENGTHEN PATENT
QUALITY.
THE AMERICA INVENTS ACT WILL
HELP DO ALL OF THESE THINGS.
THE BIPARTISAN BILL BEFORE US
WILL UPDATE AND UPGRADE THE
UNITED STATES PATENT SYSTEM.
IT WILL ENHANCE TRANSPARENCY AND
PATENT QUALITY, AND IT WILL
ENSURE THAT THE PATENT AND
TRADEMARK OFFICE HAS THE TOOLS
AND FUNDING TO CUT ITS BACKLOG
AND PROCESS PATENT APPLICATIONS
MORE QUICKLY.
THE IMPROVEMENTS TO THE PATENT
SYSTEM CONTAINED IN OUR BILL
WILL HELP SPUR ECONOMIC
PROSPERITY AND JOB CREATION.
I'M PLEASED, AS YOU CAN TELL, TO
SUPPORT THIS LEGISLATION.
SPECIFICALLY THE BILL WOULD
IMPROVE PATENT QUALITY BY
ESTABLISHING THE OPPORTUNITY FOR
THIRD PARTIES TO SUBMIT PRIOR
ART AND OTHER INFORMATION
RELATED TO A PENDING APPLICATION
FOR CONSIDERATION BY A PATENT
BY ALLOWING PRIOR ART TO BE
SUBMITTED EARLIER IN THE PROCESS
AND EXPLAIN TO THE OFFICE PATENT
EXAMINERS WILL BE ABLE TO ISSUE
HIGHER QUALITY PATENTS.
THE BILL WOULD CREATE A FIRST
WINDOW-GRANT OPPOSITION
PROCEEDING OPEN FOR NINE MONTHS
AFTER THE GRANT OF THE PATENT.
THIS WILL ALLOW THE PATENT AND
TRADEMARK OFFICE TO WEED OUT
PATENTS THAT SHOULDN'T HAVE BEEN
ISSUED IN THE FIRST PLACE.
THIS NEW POST-GRANT REVIEW
PROCESS, WHICH WAS RECOMMENDED
WAY BACK IN THE 2004 REPORT
ISSUED BY THE NATIONAL ACADEMY
OF SCIENCES, WOULD ENABLE EARLY
CHALLENGES TO PATENTS, BUT ALSO
PROTECT THE RIGHTS OF INVENTORS
AND PATENT OWNERS AGAINST
ENDLESS LITIGATION.
THE REASON WE WANT TO ENSURE
THAT THE PATENT AND TRADEMARK
OFFICE ISSUES HIGH-QUALITY
PATENTS IS TO INCENTIVIZE
INVESTMENT IN TRULY INNOVATIVE
TECHNOLOGICAL ADVANCES AND AT
THE SAME TIME PROVIDE MORE
CERTAINTY FOR INVESTORS IN THESE
INVENTIONS.
IN ADDITION, OUR BILL WOULD
IMPROVE THE CURRENT INTERPARTY'S
ADMINISTRATIVE PROCESS FOR
PATENTS.
IT WOULD ESTABLISH ADVERSARIAL
INTERPARTY'S REVIEW WITH HIGHER
THRESHOLD FOR ANYBODY INITIATING
PROCEEDING SAFEGUARDS TO PREVENT
A PROCESS TO HARASS PATENT
OWNERS.
IT ALSO WOULD PROVIDE AND
INCLUDE A STRENGTHENED HE'S HE'S
STOPPAL STANDARD -- THE SAME
ISSUES THAT WERE RAISED OR
REASONABLY COULD HAVE BEEN
RAISED IN A PRIOR CHALLENGE.
THE BILL WOULD SIGNIFICANTLY
REDUCE THE ABILITY TO USE
POST-GRANT PROCEDURES FOR
ABUSIVE SERIAL CHALLENGES TO
PATENTS.
THESE DON'T -- THESE NEW
PROCEDURES WOULD ALSO PROVIDE
FASTER, LESS COSTLY ALTERNATIVES
TO CIVIL LITIGATION TO CHALLENGE
PATENTS.
OUR BILL WOULD INSTITUTE A
GATE -- A GATE KEEPING RULE FOR
THE COURTS TO ASSESS THE LEGAL
BASIS FOR DAMAGES AND JURY
INSTRUCTIONS.
THIS WOULD PROVIDE MORE
CERTAINTY FOR DAMAGE CALCULATION
AND PROMOTE UNIFORMITY AND
FAIRNESS.
THE BILL ALSO WOULD TRANSITION
THE UNITED STATES TO A FIRST
INVENTOR TO FILE SYSTEM
SIMPLIFYING THE APPLICATION
PROCESS AND COORDINATING IT WITH
OUR TRADING PARTNERS.
THIS CHANGE WILL REDUCE COST AND
HELP IMPROVE THE COMPETITIVENESS
OF AMERICAN INVENTORS ABROAD.
FURTHER, OUR BILL WOULD PROVIDE
FEE-SETTING AUTHORITY FOR THE
PATENT TRADEMARK OFFICE DIRECTOR
TO ENSURE THAT THE PATENT AND
TRADEMARK OFFICE IS PROPERLY
FUNDED AND CAN REDUCE ITS
CURRENT BACKLOG OF PATENT
APPLICATIONS.
OUR BILL ALSO WOULD MANDATE A
REDUCTION OF FEES BY 50% FOR
SMALL ENTITIES AND 75% FOR
MICROENTITIES.
I WANT TO PARTICULARLY THANK
CHAIRMAN LEAHY FOR WORKING WITH
ME AND SENATOR BAUCUS ON A
PROVISION THAT WOULD CURTAIL
PATENTS ON TAX STRATEGIES.
THESE PATENTS ENCUMBER THE
ABILITY OF TAXPAYERS AND
ADVISERS TO USE THE TAX LAW
FREELY, INTERFERING WITH THE
VOLUNTARY TAX COMPLIANCE SYSTEM
THAT AMERICA HAS AND IS ONE OF
THE HIGH POINTS OF OUR TAX
SYSTEM.
TAX STRATEGY PATENTS UNDERMINE
THE FAIRNESS OF THE FEDERAL TAX
SYSTEM BY REMOVING FROM THE
PUBLIC DOMAIN WAYS TO SATISFY A
TAXPAYERS' LEGAL OBLIGATIONS.
IF FIRMS OR INDIVIDUALS HOLD
PATENT FOR THESE STRATEGIES,
SOME TAXPAYERS COULD FACE FEE
SIMPLY FOR -- FEES SIMPLY FOR
COMPLYING WITH THE TAX CODE.
MOREOVER, TAX PATENTS PROVIDE
WINDFALLS TO LAWYERS AND PATENT
HOLDERS BY GRANTING THE
EXCLUSIVE RIGHTS TO USE TAX
LOOPHOLES, WHICH COULD PROVIDE
SOME BUSINESSES WITH AN UNFAIR
ADVANTAGE IN OUR COMPETITIVE
MARKET SYSTEM.
SO THE PROVISIONS THAT SENATOR
BAUCUS AND I PUT FORTH WOULD
ENSURE THAT ALL TAXPAYERS WILL
HAVE EQUAL ACCESS TO STRATEGIES
TO COMPLY WITH THE TAX CODE.
THIS PROVISION WAS CAREFULLY
DRAFTED WITH THE HELP OF THE
PATENT AND TRADEMARK OFFICE NOT
TO COVER SOFTWARE PREPARATION OR
OTHER SOFTWARE TOOLS OR SYSTEMS
USED TO PREPARE TAX OR
INFORMATION RETURNS OR MANAGE
TAXPAYERS' FINANCES.
SO IN CONCLUDING MY OPENING
STATEMENT ON THIS LEGISLATION,
THIS LEGISLATION, THE AMERICAN
INVENTS ACT, WILL PROTECT
INVENTORS' RIGHTS AND ENCOURAGE
INNOVATION AND INVESTMENT IN OUR
THE BILL WILL IMPROVE
TRANSPARENCY AND THIRD-PARTY
PARTICIPATION IN THE PATENT
APPLICATION REVIEW PROCESS.
THIS, IN TURN, WILL STRENGTHEN
PATENT QUALITY AND RESULT IN
MORE FAIRNESS FOR BOTH PATENT
HOLDERS AND PATENT CHALLENGERS.
THE BILL WILL INSTITUTE
BENEFICIAL CHANGES TO THE PATENT
PROCESS TO CURB LITIGATION
ABUSES AND IMPROVE CERTAINTY FOR
INVESTORS AND INNOVATORS.
IT WILL HELP COMPANIES DO
BUSINESS MORE EFFICIENTLY IN THE
INTERNATIONAL ENVIRONMENT.
THE BILL ALSO WILL ENHANCE
OPERATIONS OF THE PATENT AND
TRADEMARK OFFICE WITH
ADMINISTRATIVE REFORMS AND WILL
GIVE THE OFFICE FEE-SETTING
AUTHORITY TO REDUCE BACKLOGS AND
BETTER MANAGE ITS BUSINESS.
SO I'M PLEASED TO SUPPORT THIS
LEGISLATION.
AND I URGE MY COLLEAGUES TO
SUPPORT IT AS WELL.
I YIELD THE FLOOR.
THANK YOU.
MR. PRESIDENT, I THANK THE
DISTINGUISHED SENATOR FROM IOWA.
AND AS I NOTED BEFORE HE GOT ON
THE FLOOR, HE'S BEEN EXTREMELY
IMPORTANT IN WORKING ON -- ON
THIS ISSUE, AND THE SENATOR FROM
LOUISIANA CAN HOLD A MOMENT, I
HAVE A UNANIMOUS CONSENT REQUEST
FOR COMMITTEES TO MEET DURING
TODAY'S SESSION OF THE SENATE.
SO ON BEHALF BOTH THE MAJORITY
AND MINORITY LEADERS, AND I ASK
THAT UNANIMOUS CONSENT -- THIS
REQUEST BE AGREED TO THE REQUEST
BE PRINTED IN THE RECORD.
WITHOUT
OBJECTION.
AND, MR. PRESIDENT,
JUST SO I CAN HAVE A MOMENT TO
SPEAK WITH THE ATLANTA -- SENATOR FROM
LOUISIANA, I'M GOING TO SUGGEST
THE ABSENCE OF A QUORUM.
THE
SENATOR FROM LOUISIANA.
MR. PRESIDENT.
PURSUANT TO MY CONVERSATION WITH
THE DISTINGUISHED COMMITTEE
WITH ALL
DUE RESPECT, SENATOR, THE
SENATE'S IN A QUORUM.
CONSENT TO CALL OFF THE QUORUM.
OBJECTION.
THANK YOU.
AND NOW PURSUANT WITH MY
CONVERSATION WITH THE
DISTINGUISHED COMMITTEE
CHAIRMAN, I'D ASK UNANIMOUS
CONSENT TO TEMPORARILY SET ASIDE
THE PENDING AMENDMENT TO CALL UP
THE TOOMEY-VITTER AMENDMENT.
WITHOUT
OBJECTION.
I UNDERSTAND HE WILL
THEN SET ASIDE THAT AMENDMENT,
AT LEAST TEMPORARILY, SO WE MOVE
FORWARD ON SOME OF THE OTHER
VIT I HAVE I HAVE NO PROBLEM --
I HAVE NO PROBLEM
ALLOWING THE OTHER AMENDMENTS TO
BE MADE PENDING.
THE CLERK
WILL CALL THE AMENDMENT.
THE SENATOR FROM
LOUISIANA, MR. VITTER FOR
MR. TOOMEY AND HIMSELF, PROPOSES
AMENDMENT NUMBER 112.
I ASK UNANIMOUS
CONSENT THE -- TO WAIVE READING
OF THE WHOLE --
WITHOUT
OBJECTION.
THANK YOU,
MR. PRESIDENT.
MR. PRESIDENT, THIS
TOOMEY-VITTER AMENDMENT IS THE
FULL FAITH AND CREDIT ACT, THE
CONCEPT WHICH HAS BEEN DISCUSSED
SEVERAL WEEKS PRIOR TO THIS
WEEK, BUT IT IS VERY TIMELY AS
WE'RE ALL RIGHTLY FOCUSED ON THE
SPENDING AND DEBT ISSUE WITH THE
THURSDAY DEADLINE COMING UP.
MR. PRESIDENT, NO ONE THAT I
KNOW OF WANTS THE GOVERNMENT TO
BE SHUT DOWN IN ANY WAY, SHAPE,
OR FORM.
NO ONE THAT I KNOW OF WANTS ANY
MASSIVE SIGNIFICANT DISRUPTION.
BUT LOTS OF PEOPLE THAT I KNOW
OF, INCLUDING IN LOUISIANA, WANT
US TO CHANGE BUSINESS AS USUAL
HERE IN WASHINGTON STARTING WITH
SPENDING AND DEBT.
AND THIS FULL-FAITH AND CREDIT
AMENDMENT IS AN IMPORTANT STEP
IN THAT REGARD.
MR. PRESIDENT, BECAUSE OF THE
TIME LIMITATIONS IN FRONT OF US
BEFORE WE MOVE TO OTHER PENDING
BUSINESS AT 4:30, I WILL AGREE
TO COME BACK AT A LATER TIME TO
FULLY LAY OUT THIS TOOMEY-VITTER
AMENDMENT, AS WELL AS A
SECOND-DEGREE VITTER AMENDMENT
WHICH I WILL BE ADVANCING WITH
REGARD TO SOCIAL SECURITY.
BUT IT IS VERY IMPORTANT TO HAVE
THIS PENDING TO PUT IT ON THE
FLOOR TO START THIS DEBATE WITH
VIGOR ABOUT SPENDING AND DEBT,
CHANGING THE FISCAL POLICY OF
THIS COUNTRY SO WE GET ON A MORE
SUSTAINABLE PATH.
THERE'S ONLY ONE THING CERTAIN
ABOUT THIS DEBATE,
MR. PRESIDENT, AND THAT IS IF WE
DON'T CHANGE THE FISCAL PATH
WE'RE ON, IT WILL LEAD TO AN
ECONOMIC DISASTER.
AN ABSOLUTE ECONOMIC DISASTER.
SO I URGE US TO DEBATE THESE
IMPORTANT PROPOSALS IMMEDIATELY,
WELL BEFORE THE THURSDAY
DEADLINE AND COME TO A STRONG,
POSITIVE RESOLUTION.
I'LL BE BACK ON THE FLOOR SOON
WITH SENATOR TOOMEY TO FULLY
EXPLAIN THIS AS WELL AS THE
VITTER SECOND-DEGREE AMENDMENT.
WITH THAT, MR. PRESIDENT, I
YIELD THE FLOOR.
A SENATOR: MR. PRESIDENT?
THE
SENATOR FROM UTAH.
I SEND A MOTION TO THE
DESK.
THE
SENATOR FROM VERMONT.
MR. PRESIDENT, I HAVE
A UNANIMOUS CONSENT REQUEST AT
NOMINATIONS.
THE
SENATOR IS CORRECT.
THEN I WOULD ASK
REGULAR ORDER.
A SENATOR: REGULAR ORDER,
MR. PRESIDENT.
UNDER THE
PREVIOUS ORDER, THE SENATE WILL
PROCEED TO EXECUTIVE SESSION TO
CONSIDER THE FOLLOWING
NOMINATIONS WHICH THE CLERK WILL
REPORT.
NOMINATION, THE
JUDICIARY, AMY TOTENBERG OF
GEORGIA TO BE NINE STATES
DISTRICT JUDGE FOR THE NORTHERN
DISTRICT OF GEORGIA.
STEVEN C. JONES OF GEORGIA TO BE
UNITED STATES DISTRICT JUDGE FOR
THE NORTHERN DISTRICT OF
GEORGIA.
MR. PRESIDENT?
UNDER THE
PREVIOUS ORDER, THERE WILL NOW,
ONE HOUR OF DEBATE EQUALLY
DIVIDED AND CONTROLLED IN THE
USUAL FORM.
THE SENATOR FROM VERMONT.
MR. PRESIDENT, THE
NOMINEES TO BE CONSIDERED TODAY
ARE BOTH THE MAJORITY.
THEY ARE BOTH REPORTED
UNANIMOUSLY BY THE JUDICIARY
COMMITTEE THIS YEAR.
ACTUALLY, THEY ARE ALSO BOTH
REPORTED UNANIMOUSLY BY THE
JUDICIARY COMMITTEE LAST YEAR.
THEY WERE AMONG THE 19 JUDICIAL
NOMINEES WHO WERE READY TO BE
CONFIRMED BY THE SENATE LAST
YEAR BUT WERE NOT.
WHEN THERE WAS OBJECTION TO
PROCEEDING LAST YEAR, THE
VACANCIES PERSISTED, THE
PRESIDENT HAD TO RENOMINATE
THEM, AND THE JUDICIARY
COMMITTEE HAD TO RECONSIDER
THEIR NOMINATIONS.
AND I EXPECT THAT THE SENATE
WILL CONFIRM THEM BOTH TONIGHT.
I WOULD HOPE THEY WOULD DO SO
UNANIMOUSLY.
BOTH HAVE THE SUPPORT OF THEIR
HOME STATE SENATORS, SENATOR
ISAKSON AND SENATOR CHAMBLISS,
AND WORKED WITH PRESIDENT OBAMA
AND WITH ME IN CONNECTION WITH
THESE NOMINATIONS.
WHILE I'M ENCOURAGED THAT THE
SENATE IS PROCEEDING TODAY, I AM
DISAPPOINTED THAT WE DID NOT
CONSIDER THESE NOMINEES AND
OTHER NOMINEES FROM CALIFORNIA
AND NORTH CAROLINA AND THE
DISTRICT OF COLUMBIA BEFORE THE
PRESIDENT'S DAY RECESS.
WE USED TO CLEAR THE CALENDAR OF
NOMINATIONS BEFORE RECESS.
AS I SAID, ALL SIX OF THESE
JUDICIAL NOMINEES WERE APPROVED
UNANIMOUSLY, EVERY REPUBLICAN
AND EVERY DEMOCRAT ON THE
JUDICIARY COMMITTEE WEEKS BEFORE
THE RECESS.
WHEN THEY ARE CONSIDERED, I
FULLY EXPECT THEY ARE GOING TO
BE CONFIRMED UNANIMOUSLY BY THE
SENATE.
NOW WHILE WE HAVE HIGH JUDICIAL
VACANCIES AROUND THE COUNTRY,
THE SENATE SHOULD BE CONSIDERING
JUDICIAL NOMINATIONS WITHOUT
UNNECESSARY DELAYS.
LITIGANTS ALL OVER THE COUNTRY
ARE HAVING A HARD TIME GETTING
TO HAVE THEIR CASES HEARD IN
COURTS BECAUSE OF ALL THE
VACANCIES.
WHEN WE HAVE ALL THESE NOMINEES
THAT ARE ON THE CALENDAR, HAVING
HAD UNANIMOUS SUPPORT, BOTH
REPUBLICANS AND DEMOCRATS AND
THE SENATE JUDICIARY, WE OUGHT
TO LEAST VOTE THEM UP OR VOTE
THEM DOWN SO WE CAN FILL THESE
VACANCIES.
IN FACT, WHEN THESE TWO
NOMINATIONS ARE CONFIRMED, THERE
ARE STILL GOING TO BE NEARLY 100
JUDICIAL VACANCIES AROUND THE
THAT'S TOO MANY.
THEY HAVE PERSISTED FOR TOO
THAT IS WHY CHIEF JUSTICE
ROBERTS, ATTORNEY GENERAL
HOLDER, WHITE HOUSE COUNSEL BOB
BAUER AND MANY OTHERS, INCLUDING
THE PRESIDENT OF THE UNITED
STATES HAVE SPOKEN OUT AND URGED
THE SENATE TO ACT.
NOW, NEARLY ONE OUT OF EVERY
VACANT.
ONE OUT OF EVERY EIGHT.
THAT PUTS AT SERIOUS RISK
AMERICANS ALL OVER THE COUNTRY.
-- THE COUNTRY TO HAVE THE
ABILITY TO HAVE A FAIR HEARING,
AND THE REAL PRICE THAT IS BEING
PAID FOR THESE UNNECESSARY
DELAYS IS THE JUDGES THAT REMAIN
ARE OVERBURDENED, THE AMERICAN
PEOPLE THAT DEPEND ON THEM ARE
BEING DENIED HEARINGS, AND BEING
DENIED JUSTICE IN A TIMELY
FASHION, WHETHER YOU'RE A
PLAINTIFF OR THE DEFENDANT,
WHETHER YOU'RE A PROSECUTOR OR A
DEFENDANT.
SO WE CAN CONSIDER AND CONFIRM
THIS PRESIDENT'S NOMINATIONS TO
THE FEDERAL BENCH IN A TIMELY
MANNER, ESPECIALLY WHEN
PRESIDENT OBAMA HAS WORKED WITH
BOTH DEMOCRATIC AND REPUBLICAN
HOME STATE SENATORS TO IDENTIFY
SUPERBLY QUALIFIED CONSENSUS
NONE OF THE NOMINATIONS ON THE
EXECUTIVE CALENDAR ARE
CONTROVERSIAL.
THEY ALL HAVE THE SUPPORT OF
THEIR HOME STATE SENATORS,
REPUBLICANS AND DEMOCRATS.
ALL HAVE A STRONG COMMITMENT TO
THE RULE OF LAW.
ALL HAVE DEMONSTRATED
FAITHFULNESS TO THE
CONSTITUTION.
NOW, DURING PRESIDENT BUSH'S
FIRST TERM, IN HIS FIRST FOUR
TUMULTUOUS YEARS IN OFFICE, WE
PROCEEDED TO CONFIRM 205 OF HIS
JUDICIAL NOMINATIONS.
100 OF THOSE WERE DONE IN 17
MONTHS DURING THE TIME I WAS
CHAIRMAN, DURING HIS FIRST TWO
YEARS IN OFFICE.
I WAS CHAIRMAN FOR 17 MONTHS OF
THOSE 24 MONTHS.
WE HAD HAD THE CASE WHERE 60 OF
PRESIDENT CLINTON'S NOMINATIONS
HAD BEEN POCKET FILIBUSTERED BY
THOSE ON THE OTHER SIDE OF THE
AISLE.
I SAID LET'S BREAK THIS.
AND WE SHOWED GOOD FAITH IN
MOVING 100 OF PRESIDENT BUSH'S
NOMINEES IN 17 MONTHS.
THE REMAINING 31 MONTHS UNDER
REPUBLICAN CONTROL, THEY MOVED
ANOTHER 105.
BUT SO FAR IN PRESIDENT OBAMA'S
THIRD YEAR IN OFFICE, THE SENATE
HAS ONLY BEEN ALLOWED TO
CONSIDER 67 OF HIS FEDERAL,
CIRCUIT AND DISTRICT COURT
NOMINEES, AS COMPARED TO OVER
100 FOR PRESIDENT BUSH.
SO WE REMAIN WELL SHORT OF THE
BENCHMARK THAT WAS SET DURING
THE BUSH ADMINISTRATION SET BY
DEMOCRATS BEING IN CONTROL OF
THE SENATE.
AND IF WE CAN APPROACH WHAT WE
DID WITH PRESIDENT BUSH, WE
COULD REDUCE VACANCIES FROM THE
HISTORICALLY HIGH LEVELS AT
WHICH THEY REMAIN THROUGHOUT THE
FIRST THREE YEARS OF THE OBAMA
ADMINISTRATION TO THE
HISTORICALLY LOW LEVEL WE
REACHED TOWARD THE END OF THE
BUSH ADMINISTRATION.
AND I KNOW THE DISTINGUISHED
SENATOR FROM IOWA IS GOING TO
WANT TO SPEAK ON THIS, AND TIME
HAS BEEN RESERVED FOR HIM, SO I
WILL FIRST YIELD TO THE SENATOR
FROM PENNSYLVANIA ON MY TIME.
MR. PRESIDENT?
THE
SENATOR FROM PENNSYLVANIA.
MR. PRESIDENT, I RISE
TO ASK CONSENT TO SPEAK AS IF IN
MORNING BUSINESS.
WITHOUT
OBJECTION.
MR. PRESIDENT, I RISE
TODAY TO OFFER A TRIBUTE TO
HONOR ROBERT W.BOGLE AND THE
PHILADELPHIA TRIBUNE NEWSPAPER.
BOB BOGLE'S FAMILY AND MANY OF
HIS FRIENDS ARE WITH US HERE IN
WASHINGTON, D.C.
PHILADELPHIA AND OTHER PARTS OF
OUR STATE AND BEYOND TO BE WITH
US.
AND AS WE PAY TRIBUTE TO HIS
LEADERSHIP AND HIS COMMITMENT TO
THE PHILADELPHIA
AFRICAN-AMERICAN COMMUNITY AND
TO ALL THE PEOPLE OF THE CITY OF
PHILADELPHIA IN SOUTHEASTERN
I RISE AS WELL TO HONOR THE ROLE
THAT THE PHILADELPHIA TRIBUNE,
AS A LEADER IN THE BLACK PRESS,
HAS PLAYED IN COMMUNITIES IN
STATE.
THIS IS THE FIFTH YEAR WHICH
I'VE COME TO THE FLOOR OF THE
UNITED STATES SENATE TO HONOR A
PROMINENT AFRICAN-AMERICAN
PENNSYLVANIAN AS PART OF THE
MONTH.
BOB BOGLE TODAY JOINS THE
REVEREND LEON SULLIVAN, JUDGE
LEON HIGGENBOTTHOM, FORMER
TRANSPORTATION SECRETARY, BILL
COLEMAN, AND FORMER PENNSYLVANIA
SECRETARY OF THE COMMONWEALTH
STEVE D. TUCKER IN BEING
WAY.
BUT TODAY WE TALK ABOUT BOB
BOGLE AND "THE PHILADELPHIA
TRIBUNE" IN A LARGER SENSE.
THE HISTORY AND THE FUTURE OF
THE BLACK PRESS IN PENNSYLVANIA
AND ACROSS THE COUNTRY.
BUT FROM THE TIME THAT BOB WAS A
YOUNG CHILD, HIS LIFE HAS BEEN
INSEPARABLE FROM THE
"PHILADELPHIA TRIBUNE."
BOB'S FATHER JOHN BOGLE WAS THE
ADVERTISING DIRECTOR AT THE
"PHILADELPHIA TRIBUNE" AND BOB
STILL REMINISCES ABOUT THE
PLAYGROUND THAT HE LIVED IN
WHICH WAS MUCH DIFFERENT THAN
THE PLAYGROUND THAT MOST
CHILDREN LIVE IN.
AS EARLY AS THE AGE OF 7, BOB
WOULD ROAM THE "TRIBUNE"
BUILDING WHILE WAITING FOR HIS
FATHER TO FINISH WORK.
BERTH GOODFREY EMPLOYED BY "THE
TRIBUNE" SINCE 1956 AND NOW
SENIOR VICE PRESIDENT RECALLS A
YOUNG BOB BOGLE WANDERING AROUND
PRODUCTION DEPARTMENT AND OTHER
AREAS OF THE PRODUCTION OF THE
NEWSPAPER.
IN 1970, BOB BOGLE STARTED
SELLING ADVERTISING FOR THE
TRIBUNE AND QUICKLY WORKED HIS
WAY UP, IMPRESSING HIS
COLLEAGUES AND BUSINESS
ASSOCIATES ALIKE.
IN 1973, HE BECAME ADVERTISING
DIRECTOR, 2349176, DIRECTOR OF
MARKETING, AND BY 1983,
EXECUTIVE VICE PRESIDENT AND
TREASURER BEFORE BECOMING
PRESIDENT AND CHIEF EXECUTIVE
OFFICER OF "THE TRIBUNE" IN
DESPITE HIS EARLY EXPOSURE TO
"THE TRIBUNE," BOB DID NOT
INITIALLY PLAN ON A CAREER IN
JOURNALISM.
HE ATTENDED CHANEY STATE
COLLEGE, NOW BY THE NAME OF
CHANEY UNIVERSITY TO STUDY
URBAN STUDIES.
AFTER THAT AND AFTER IT BECAME
CLEAR THAT HE WAS GOING TO PLAY
A ROLE IN THE MANAGEMENT OF "THE
TRIBUNE," HE ALSO ATTENDED THE
UNIVERSITY OF PENNSYLVANIA'S
WHARTON SCHOOL TO STUDY
MARKETING AND ECONOMICS.
HE HAS COMPLETED COURSES OF
STUDY AT TEMPLE UNIVERSITY AND
THE ROCHESTER INSTITUTE OF
TECHNOLOGY AND CONTINUES TO THIS
DAY TO HONE HIS NEWSPAPER
EXPERTISE BY PARTICIPATING IN
ANNUAL WORKSHOPS IN MANY AREAS
OF MARKETING AND ADVERTISING AND
PUBLISHING.
NOW, BOB HAS BECOME A ROLE MODEL
FOR PHILADELPHIA
AFRICAN-AMERICANS AND FOR THE
COMMUNITY AT LARGE, AND HE
SERVED IN LEADERSHIP ROLES IN A
WIDE RANGE OF PROFESSIONAL,
CIVIC AND SOCIAL ORGANIZATIONS.
IN THE INTEREST OF TIME, I WON'T
READ THOSE, BUT I'LL MAKE SURE
THAT THEY ALL GET IN THE RECORD.
BOBS' -- BOB'S ALSO BEEN HONORED
FOR HIS SERVICE AND FOR HIS
LEADERSHIP.
IN 2002, PRESIDENT GEORGE W.
BUSH APPOINTED HIM TO SERVE AS A
MEMBER OF THE NATIONAL MUSEUM OF
AFRICAN-AMERICAN HISTORY AND
CULTURE.
THAT COMMISSION IN PLACE AT THAT
TIME THAT HE WAS NAMED TO.
IN THE YEAR 2000, HE RECEIVED AN
HONORARY DOCTORATE OF HUMANE
LETTERS FROM DREXEL UNIVERSITY
IN PHILADELPHIA.
IN ADDITION, BOB HAS BEEN A
MEMBER OF SO MANY OTHER
ORGANIZATIONS, TOO NUMEROUS TO
NAME.
WHILE HE IS RECOGNIZED AS A
COMMUNITY LEADER IN VARIOUS
REALMS, IT IS BOB'S ROLE AT "THE
TRIBUNE" AND WITH THE BLACK
PRESS MOVEMENT THAT STANDS OUT
AS HIS LIFE'S WORK.
TODAY, FEW WOULD QUESTION THAT
THE RIGHT -- FEW WOULD QUESTION
THAT THE RIGHT TO A FREE PRESS
AS ENSHRINED IN THE BILL OF
RIGHTS APPLIES TO ALL.
THE RIGHT ENSURES THAT ALL
AMERICANS CAN PARTICIPATE IN A
VIGOROUS AND HEALTHY DEBATE
NECESSARY FOR A WELL-FUNCTIONING
DEMOCRACY.
BUT WHEN OUR CONSTITUTION WAS
FIRST RATIFIED, AS YOU WILL
RECALL, MOST AFRICAN-AMERICANS
WERE NOT RECOGNIZED AS CITIZENS
AND HAD FEW, IF ANY,
OPPORTUNITIES FOR PARTICIPATION
IN OUR DEMOCRACY.
IT WAS NOT UNTIL A GROUP OF
COURAGEOUS MEN LIVING IN NEW
YORK GATHERED SOME 30 YEARS
AFTER THE RATIFICATION OF THE
CONSTITUTION THAT
AFRICAN-AMERICANS FINALLY FOUND
AN INSTITUTION WHERE THEY COULD
-- QUOTE -- PLEAD THEIR OWN
CASE, UNQUOTE, AS THEY SAID AT
THE TIME.
IN 1827, EDITORS JOHN BROWN
ROSSWORM AND SAMUEL ELLIOTT
CORNISH PUBLISHED "FREEDOM'S
NEWSPAPER IN AMERICA.
THE NEWSPAPER PROVIDED
AFRICAN-AMERICANS WITH A PUBLIC
SQUARE OF THEIR OWN WHERE THEY
COULD PARTICIPATE IN THEIR OWN
DISCUSSIONS AND ADVOCATE FOR
AFRICAN-AMERICANS.
AS THESE TWO DISTINGUISHED
LEADERS WROTE IN THEIR FIRST
EDITORIAL -- QUOTE -- "TOO LONG
HAVE OTHERS SPOKEN FOR US.
TOO LONG HAS THE PUBLIC BEEN
DECEIVED BY MISREPRESENTATIONS."
UNQUOTE.
WHILE "THE FREEDOM'S JOURNAL"
WAS SHORT-LIVED, IT BEGAN WHAT
WAS NO LESS THAN A REVOLUTION.
NEWSPAPERS AROSE AND
BEGAN TO EXPLORE SUBJECTS THAT
WERE PREVIOUSLY OFF-LIMITS IN
THE PRESS OF THE DAY.
NEW BLACK NEWSPAPERS DELVED INTO
PREVIOUSLY UNMENTIONABLE
HARDSHIPS IN CRAFTING A NEW
IDENTITY FOR FREED AND ENSLAVED
AFRICAN-AMERICANS.
TOPICS SUCH AS SLAVERY AND
MENIAL LABOR WERE EXAMINED BY
AFRICAN-AMERICANS FOR
AFRICAN-AMERICANS.
FOR THE FIRST TIME IN THE
HISTORY OF OUR COUNTRY,
AFRICAN-AMERICANS WERE ABLE TO
SPEAK FREELY THROUGH A PRESS OF
THEIR OWN.
IN ADDITION, AFRICAN-AMERICANS
COULD START ANNOUNCING TO THE
WORLD SOME OF THEIR MOST
PRECIOUS MOMENTS IN LIFE, LIKE
BIRTHS AND ANNIVERSARIES AND
DEATHS AND OTHER FAMILY NEWS.
THE BLACK PRESS HELPED ESTABLISH
A NEW EXTENDED COMMUNITY OF
AFRICAN-AMERICANS ALL ACROSS THE
UNITED STATES OF AMERICA.
THE BLACK PRESS EXPANDED IN THE
YEARS PRIOR TO THE CIVIL WAR, AS
OVER 40 PUBLICATIONS ACROSS THE
NATION PROVIDED
AFRICAN-AMERICANS WITH
VIEWPOINTS ON ISSUES SUCH AS
EMIGRATION TO AFRICA,
EMANCIPATION IN THE SOUTH OF THE
UNITED STATES, AND, OF COURSE --
OF COURSE -- ABOLITION AND
FREEDOM.
FREDERICK DOUGLAS WAS ONE OF THE
MANY WHO PUBLISH ADD BLACK
NEWSPAPER IN WHICH HE, LIKE MANY
OTHERS, URGED AFRICAN-AMERICAN
MEN IN THE NORTH TO ENLIST IN
THE UNION ARMY.
THE POST-CIVIL WAR ERA SAW A
PERIOD OF RAPID GROWTH FOR THE
BLACK PRESS.
THE FIRST DAILY NEWSPAPER -- THE
NEW ORLEANS TRIBUNE -- WAS
PUBLISHED IN 1864, AND
NEWSPAPERS CONTINUED TO OPEN
ACROSS THE COUNTRY, AS
AFRICAN-AMERICANS MIGRATED FROM
THE SOUTH.
BY THE 1880'S, IT BECAME EVIDENT
THAT THE GROWING
AFRICAN-AMERICAN POPULATION NEED
ADD NEWSPAPER.
CHRISTOPHER J. PER RIY FOLLOWED
THE VOID.
HE MOVED TO PHILADELPHIA TO
START A NEWSPAPER BECAUSE, "FOR
MY PEOPLE TO MAKE PROGRESS, THEY
MUST HAVE A NEWSPAPER IN WHICH
THEY CAN SPEAK AND SPEAK OUT
AGAINST INJUSTICE."
MR. PERRY'S NEWSPAPER," "THE
PHILADELPHIA TRIBUNE""," OFTEN
TOLD A DIFFERENT STORY FROM THAT
OF THE CITY'S TRADITIONAL
NEWSPAPERS.
MR. PERRY IN "THE PHILADELPHIA
TRIBUNE" ESTABLISHED THEMSELVES
AS LEADERS OF THE GROWING
PHILADELPHIA.
"THE TRIBUNE" PUBLISHED STORIES
HIGHLIGHTING BLACK INSTITUTIONS
ACROSS PHILADELPHIA.
L. THAT WERE NOT REPORTED BY THE
-- THAT WERE NOT REPORTED BY THE
MAINSTREAM PAPERS.
MR. PERRY CHAMPIONED THE COZES
OF THE AFRICAN-AMERICAN
COMMUNITY, FROM COVERING
IMPORTANT EVENTS TO OFFERING
ARTICLES ABOUT CHAMPIONS OF
SOCIAL AND RACIAL EQUALITY.
ADDITIONALLY, HE PROVIDED A
FORUM FOR AFRICAN-AMERICANS TO
REPORT ON JOB OPENINGS, MUSICAL
PERFORMANCES, AND OTHER
HAPPENINGS WITHIN THE
AFRICAN-AMERICAN SOCIETY.
AFTER MR. PERRY PASSED AWAY IN
MAY OF 1921, HIS CHILDREN
CONTINUED THE TRADITIONS HE
BEGAN IN THE PAGES OF THE
"PHILADELPHIA TRIBUNE."
THE SECOND GENERATION OF PERRIES
CONTINUED TO FIGHT FOR THE
EQUALITY OF AFRICAN-AMERICANS.
UMEAN TO WASHINGTON ROSE,
MR. PER CHIC SON-IN-LAW,
SUCCEEDED HIM AS EDITOR.
AS DOROTHY ANDERSON WROTE IN ATY
H. TRIBUTE IN 1958, "IN NO YEARS
SINCE "THE PHILADELPHIA TRIBUNE"
FIRST BURST UPON THE
PHILADELPHIA SCENE WAS THERE A
SINGLE EDITION WHICH SHOULD NOT
PRESS FOR EQUAL RIGHTS, EQUAL
OPPORTUNITIES, AND EQUAL
PRIVILEGES."
-- FOR THE AFRICAN-AMERICAN
COMMUNITY.
UMEAN TO RHODES CONTINUED TO
SPOTLIGHT SOCIAL ISSUES AROUND
THE CITY OF PHILADELPHIA AND
AROUND THE COUNTRY BY FOCUSING
ON THE NORTHERN MIGRATION DURING
THE 1920'S AND DANGEROUS HOUSING
CONDITIONS FOR AFRICAN-AMERICANS
IN PHILADELPHIA DURING THE
IN ADDITION, HE PROVIDED A
MUCH-NEEDED -- OR MUCH-NEEDED, I
SHOULD SAY, SUPPORT FOR SOME OF
THE FIRST AFRICAN-AMERICAN
POLITICIANS IN THE CITY OF
PHILADELPHIA, SUCH AS JOHN
ASBURY AND ANDREW STEVENS, THE
FIRST AFRICAN-AMERICANS ELECTED
TO THE PENNSYLVANIA HOUSE OF
REPRESENTATIVES.
PERHAPS MOST IMPORTANTLY, THE
TRIBUNE LED THE FIGHT AGAINST
SEGREGATION IN THE PHILADELPHIA
SCHOOL DISTRICT BY CREATING ITS
OWN LEGAL DEFENSE FUND AND
PUBLISHING MANY EDITORIALS
CHAMPIONING THE EQUALITY OF
AFRICAN-AMERICANS.
IN 1940, THE PUBLISH #ER OF THE
CHICAGO DEFENDER CALLED A
MEETING OF THE MAJOR
PUBLICATIONS WHICH MADE UP THE
HE PROPOSED THAT NEWSPAPERS FROM
-- NEWSPAPERS FORUM, AN ADVOCACY
GROUP, TO ENSURE THE LONG-TERM
SURVIVAL OF THE BLACK PRESS.
"THE PHILADELPHIA TRIBUNE" WAS
ONE OF THE NEWSPAPERS INVITED TO
TAKE PART.
AND OUT OF THIS FIRST CONFERENCE
GREW THE NATIONAL NEWSPAPER
PUBLISHERS ASSOCIATION.
OVER 200 NEWSPAPERS ARE MEMBERS
TODAY IN THE ASSOCIATION -- AND
THE ASSOCIATION PROVIDES VITAL
SERVICES TO THE BLACK PRESS SO
THAT ITS MEMBERS CAN CONTINUE TO
REPORT ON AFRICAN-AMERICAN -- ON
THE AFRICAN-AMERICAN SOCIETY AND
COMMUNITY.
AS THE CURRENT PRESIDENT AND
C.E.O. OF THE "PHILADELPHIA
TRIBUNE," BOG VOGEL HAS
CONTINUED THE TRADITIONS OF
CHRISTOPHER PERRY, WHILE LEADING
THE AFRICAN-AMERICAN COMMUNITY
OF PHILADELPHIA INTO AND BEYOND
THE 21st CENTURY.
"THE PHILADELPHIA TRIBUNE" IS
NOW THE LONGEST OPERATING
AFRICAN-AMERICAN NEWSPAPER IN
THE NATION.
REEKING BOB'S LEADERSHIP, THE --
RECOGNIZING BOB'S LEADERSHIP,
THE ASSOCIATION HAS HONORED "THE
TRIBUNE" WITH THE ASSOCIATION'S
HIGHEST HADN'T FOR BEST
NEWSPAPER IN AMERICA.
THE AWARD IS NAMED FOR JOHN B.
US AREWARM CHAIRMAN OF
1800'S.
RECOGNIZED AS A LEADING MEMBER
OF THE BLACK PRESS, BOB VOGEL
HAS SERVED TWO TERMS AS
PRESIDENT OF THE NATIONAL
NEWSPAPERS PUBLISHERS
ASSOCIATION AND IS CREDITED WITH
AWARENESS OF AFRICAN-AMERICAN
ISSUESISSUES AND LIFESTYLES.
HE IS ALSO A FOUNDING MEMBERS
AND PRESIDENT OF THE
AFRICAN-AMERICAN NEWS AND
INFORMATION CONSORTIUM, A GROUP
OF PREMIER BLACK NEWSPAPERS IN
SOME OF THE LARGEST MARKETS IN
THE UNITED STATES OF AMERICA.
FINALLY, BOB CONTINUES IN HIS
ROLE AS AMBASSADOR FOR THE CITY
OF PHILADELPHIA.
HE SEES RACE AS LEADING ISSUE,
STILL PLAGUING OUR NATION.
OPTIMISTIC.
I'M QUOTING BOB HERE.
COMMUNITY.
I BELIEVE THAT PHILADELPHIA, AS
THE BIRTHPLACE OF AMERICA, IS
THE BEST CITY IN AMERICA.
IT'S DIVERSE, HAS GREAT SIZE AND
OUR SUCCESS WILL COME FROM OUR
COLLECTIVE UNDERSTANDING OF WHO
WE ARE."
"THE PHILADELPHIA TRIBUNE,"
THOUGH DEDICATED TO REPRESENTING
THE BLACK COMMUNITY, ALSO HONORS
THE BLACK COMMUNITY AND WE HAVE
NONAFRICAN-AMERICANS IN EVERY
AREA OF OUR BUSINESS.
" I AM QUOTING BOB THERE.
BOB HAS BEEN A LEADER NOT JUST
IN THE AFRICAN-AMERICAN
COMMUNITY BUT A LEADER IN THE
PHILADELPHIA COMMUNITY AT LARGE.
FOR MANY YEARS AND ESPECIALLY
ACTIVE IN THE ADVANCEMENT OF
YOUNG AFRICAN-AMERICANS WHO LIVE
IN PHILADELPHIA AND THE REGION,
HE DESCRIBES HIS FILL LOSSTY
THIS WAY:
"TO BE RESPONSIBLE FOR WHAT YOU
DO AND BE THE BEST AT IT.
WE NEED TO ACCOUNT FOR WHAT WE
DO.
ACCOUNTABILITY MEANS
RESPONSIBILITY AND TAKING PRIDE
YOUR WORK AND DOING THE BEST YOU
UNQUOTE.
SO SAYS BOB VOGEL AND THESE ARE
GOOD WORDS TO LIVE BY.
THEY'RE WORDS WE CAN TAKE TO
HEART AND STRIDE EVERY DAY IN
OUR OWN LIVES TO LIVE BY.
I AM SO HONORED TO BE ABLE TO
OFFER THIS TRIBUTE TODAY TO BOB
VOGEL, TO HIS TEAM AT THE
"PHILADELPHIA TRIBUNE" AND TO,
IN A LARGER SENSE, THE HISTORY
AND, MOST IMPORTANTLY, THE
FUTURE OF THE AFRICAN-AMERICAN
PRESS, SO-CALLED THE BLACK
PRESS, IN THE UNITED STATES OF
AMERICA.
SO, PLEASE JOIN ME TODAY IN
HONORING A MAN OF STRENGTH, A
MAN OF CHARACTER, ACCOMPLISHMENT
AND SERVICE: ROBERT W. VOGEL OF
PHILADELPHIA, PENNSYLVANIA.
MR. PRESIDENT, I WOULD YIELD THE
FLOOR.
AND I NOTE THE ABSENCE OF A
QUORUM.
THE
CLERK WILL CALL THE ROLL.
QUORUM CALL:
MR. PRESIDENT?
SENATOR FROM GEORGIA.
I ASK THAT THE
QUORUM CALL BE DISPENSED WITH.
OBJECTION.
MR. PRESIDENT,
I RISE TODAY ALONG WITH MY
COLLEAGUE FROM GEORGIA, SENATOR
ISAKSON TO COMMEND TO THIS BODY
THE CONFIRMATION OF TWO JUDGES
THAT HAVE BEEN NOMINATED BY
PRESIDENT OBAMA FOR THE NORTHERN
DISTRICT OF GEORGIA.
FIRST OF ALL, AMY TOTTENBERG --
TOTENBERG, IS AN ATLANTA LAWYER
WHO HAS THE ACADEMIC CREDENTIALS
THAT HAVE PREPARED HER WE WILL,
BEING A GRADUATE OF RADCLIFFE
COLLEGE OF HARVARD AND ALSO THE
HARASS VRD LAW SCHOOL.
SHE BEGAN LAW SCHOOL IN ATLANTA
IN 1977 WITH THE LAW PROJECT AND
THEN WENT OUT ON HER OWN FOR 20
YEARS.
DURING THAT TIME, AS A SOLO
PRACTITIONER, SHE SPECIALIZED IN
CONSTITUTIONAL RIGHTS AND ALSO
BECAME A WE WILL-KNOWN
ARBITRATOR AND MEDIATOR AND
PARTICULARLY IN EMPLOYMENT AND
CIVIL RIGHTS CASES.
SHE SERVED AS A COURT-APPOINTED
MONITOR AND MEDIATOR FOR THE
U.S. DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA AND HAS
SERVED AS A SPECIAL MASTER FOR
THE U.S. DISTRICT COURT IN
MARYLAND ON AN INSTITUTIONAL
EDUCATION REFORM CASE.
MS. TOTENBERG HAS A WEALTH OF
EXPERIENCE IN THAT ISSUE, HAVING
SERVED AS GENERAL COUNSEL TO THE
CITY OF AT L.A.N. T.S.A. BOARD
OF EDUCATION FROM 1994-TO-1998.
AND ALSO SERVED AS A PART-TIME
NEWSPAPER COURT JUDGE IN ATLANTA
FOR SEVERAL YEARS.
SHE ALSO HAS BEEN AN AJUFNGHTS
PROFESSOR AMENDMENTRY UNIVERSITY
LAW SCHOOL AND HAS BEEN DEEPLY
INVOLVED IN HER COMMUNITY IN
ADDITION TO HER LEGAL
ACTIVITIES.
MS. TOTENBERG LAB A MEMBER OF
THE STATE PERSONNEL BOARD,
SERVED AS A MEMBER OF THE
GOVERNOR'S EDUCATION REFORM
COMMISSION, AND GIVEN HER TIME
TO HANDS-ON ATLANTA, THE CITY'S
PROGRAM.
I COMMEND MS. TOTENBERG FOR
CONFIRMATION TODAY, AS HER NAME
COMES BEFORE THIS BODY.
STEVE JONES HAS BEEN A FRIEND
FOR A LONG TIME.
HE'S ONE OF THOSE GUYS THAT IF
YOU HAD TO PICK A JURIST, HE'S
THE GUY THAT YOU WOULD WANT TO
GO BEFORE, WHETHER YOU'RE A
LAWYER, WHETHER YOU'RE A
DEFENDANT OR WHETHER YOU'RE A
PLAINTIFF OR A DEFENDANT IN A
CIVIL LAWSUIT.
STEVE JONES IS A NATIVE OF AGENT
AGENT -- OF ATHENS, GEORGIA,
GRADUATED FROM THE UNIVERSITY OF
GEORGIA, GRADUATE OF THE LAW
SCHOOL THERE AT THE UNIVERSITY
OF GEORGIA.
HE BEGAN HIS LEGAL CAREER AS AN
ASSISTANT DISTRICT ATTORNEY,
THEN BECAME A MUNICIPAL COURT
AND THEN IN 1995 HE WAS
APPOINTED TO THE SUPERIOR COURT
BENCH FOR THE WESTERN JUDICIAL
CIRCUIT WHICH COVERS BOTH CLARK
AND OKONI COUNTIES, TWO OF OUR
STATE.
IN HIS CAPACITY AS A SUPERIOR
COURT JUDGE, STEVE PRESIDED OVER
CIVIL AND CRIMINAL CASES.
HE'S ALSO SUPERVISED THE
CIRCUIT'S FELONY DRUG COURT FOR
SIX YEARS.
STEVE JONES' LIST OF HONORS AND
AWARDS ARE TRULY TOO NUMEROUS TO
MENTION NEAR THIS BODY, BUT HE
HAS BEEN A MENTION OF THE STATE
BAR OF GEORGIA'S
DISTINGUISHED -- HE'S BEEN
AWARDED THE STATE PWAFR
GEORGIA'S DISTINGUISHED -- BAR
OF GEORGIA'S DISTINGUISHED
JUDICIAL SERVICE AWARD, GEORGIA
JUSTICE BUILDER AWARD,
UNIVERSITY OF GEORGIA PRESIDENTS
FULFILLING THE DREAM AWARD, THE
BOY SCOUTS OF AMERICA -- THE
DISTINGUISHED CITIZEN AWARD AND
THE CHIEF JUSTICE ROBERT BENNE
MEDICAL MALPRACTICE AWARD -- AND
THE JULIAN BOND AWARD.
STEVE IS JUST A WONDERFUL
PERSON, GREAT FAMILY MAN, GREAT
OUTSTANDING JURIST.
HE'S GOING TO MAKE A TRULY
OUTSTANDING DISTRICT COURT JUDGE
ON THE NORTHERN DISTRICT COURT
WITH THAT, I WOULD YIELD TO MY
COLLEAGUE, SENATOR ISAKSON.
I THANK SENATOR
CHAMBLISS.
MR. PRESIDENT?
THE
SENATOR FROM GEORGIA.
I RISE TO SPEAK
ON THE TWO NOMINEES.
AMY TOTENBERG AND STEVE JONES.
AMY TOTENBERG IS AN ATTORNEY OF
PRACTICE FOR MANY YEARS, A
JUDGE, AN ARBITRATOR, MEDIATOR
AND EDUCATOR.
SHE BRINGS A WEALTH OF
EXPERIENCE TO THE BENCH IN MANY,
MANY AREAS NOT THE LEAST OF
WHICH IS PERSONNEL LAW.
IN FACT, DURING HER TERM OF
SERVICE TO THE ATLANTA BOARD OF
EDUCATION IN THE MID-1990'S, I
WAS CHAIRMAN OF THE STATE BOARD
OF EDUCATION AND DEALT WITH THE
MAJOR LITIGATION PIECES THAT
WENT THROUGH THE SYSTEM OF
EDUCATION IN GEORGIA.
I KNOW OF HER COMPETENCE, HER
ABILITY AND THE TRUST THAT HER
COLLEAGUES HAVE IN HER, AND I
THINK SHE'LL BE AN EXCELLENT
APPOINTEE.
STEVE JONES IS THE REAL DEAL.
HE IS A TERRIFIC INDIVIDUAL WHO
IS ONE OF THOSE PEOPLE WHO IS SO
ACTIVE IN TRYING TO MAKE THE
COMMUNITY BETTER.
JUST ONE EXAMPLE IS CLARK COUNTY
IN ATHENS WHERE STEVE HAS BEEN A
SUPERIOR COURT JUDGE FOR MANY
YEARS IS ONE OF THE LEADING DRUG
CASES IN AMERICA -- DRUG COURTS
IN AMERICA.
PEOPLE GET CAUGHT FOR THE FIRST
TIME, WORK WITH THEM AND IS A
MENTOR TO SEE TO IT THEY NEVER
RETURN TO DRUGS AND NEVER RETURN
TO CRIME.
ONE OF EXAMPLES OF THE INTENSITY
OF TRYING TO MAKE THE COMMUNITY
JUDGES.
HE'S DEEPLY RESPECTED BY ME AS
AN INDIVIDUAL, WHO BRINGS GREAT
CREDIT TO OUR STATE AND THE
I URGE ALL OUR COLLEAGUES
TONIGHT ON THE VOTE FOR STEVE
JONES AND AMY TOTENBERG TO
UNANIMOUSLY SUPPORT BOTH OF
THESE NOMINEES TO THE DISTRICT
COURT OF GEORGIA BENCH.
I YIELD BACK.
MR. PRESIDENT?
THE
SENATOR FROM IOWA.
WE'RE CONTINUING
IN A COOPERATIVE EFFORT TO FILL
VACANCIES IN THE FEDERAL
JUDICIARY THAT HAVE BEEN
EMERGENCIES.
TODAY THE SENATE WILL CONFIRM
TWO MORE OF PRESIDENT BUSH'S
JUDICIAL NOMINEES.
I AM PLEASED THAT WE'RE MOVING
FORWARD ON A CONSENSUS BASIS AND
ALSO CONSENSUS NOMINEES WHO WILL
LESSEN THE BURDEN ON OUR
OVERWORKED COURTS.
MY REPUBLICAN COLLEAGUES AND I
CONTINUE TO DEMONSTRATE OUR
ABILITY AND DESIRE TO WORK WITH
THE PRESIDENT AND THE DEMOCRATIC
MAJORITY.
WE WILL HAVE CONFIRMED SEVEN
JUDICIAL NOMINEES IN JUST 17
SHORT DAYS THE SENATE HAS BEEN
IN SESSION THIS CONGRESS.
WE HAVE REPORTED OUT OF
COMMITTEE A TOTAL OF 15
KWRAOURBL NOMINEES -- JUDICIAL
NOMINEES OR 29% OF THE TOTAL
SUBMITTED.
WE HAVE ALREADY HELD TWO
HEARINGS IN COMMITTEE ON EIGHT
JUDICIAL NOMINEES WITH
ADDITIONAL NOMINEES SCHEDULED
FOR A HEARING LATER THIS WEEK.
WITH THIS QUICK AND PRODUCTIVE
PACE, WE HAVE TAKEN POSITIVE
ACTION ON 55% OF THE JUDICIAL
NOMINATIONS SENT TO THE
COMMITTEE THIS YEAR.
I CONTINUE TO WORK WITH THE
CHAIRMAN TO ENSURE ALL NOMINEES
ARE AFFORDED A FAIR BUT THOROUGH
PROCESS IN A TIMELY MANNER.
I'VE APPRECIATED THE CHAIRMAN'S
COURTESY AS WE WORK TOGETHER TO
SET SCHEDULES AND AGENDAS.
IT IS IMPERATIVE THAT THE
ADMINISTRATION WORK WITH US AS
WELL AS TO FILL VACANCIES.
I AM PARTICULARLY CONCERNED
ABOUT THOSE SEATS DESIGNATED AS
JUDICIAL EMERGENCIES.
WE CONTINUE TO HEAR ABOUT THE
HYPE JUDICIAL VACANCY -- ABOUT
THE HIGH JUDICIAL VACANCY RATE.
I THINK THE RECORD IS CLEAR THAT
THE SENATE IS ADDRESSING THE
ISSUE IN A VIGOROUS MANNER.
HOWEVER, I CONTINUE TO NOTE THAT
THE PRESIDENT FAILED TO SUBMIT A
NOMINATION FOR OVER HALF OF THE
VACANCIES.
FOR JUDICIAL EMERGENCIES, OVER
57% OF THOSE SEATS HAVE NO
NOMINEES SENT TO THE SENATE YET.
THE TWO VACANCIES THAT WE'RE
FILLING TODAY TOOK SOME TIME FOR
THE NOMINATION TO BE SENT TO THE
BOTH SEATS BECAME VACANT
DECEMBER 2008.
THAT WAS AT THE END OF THE BUSH
IT TOOK PRESIDENT BUSH OVER A
YEAR TO NOMINATE FOR ONE SEAT
AND NEARLY A YEAR AND A HALF TO
NOMINATE FOR THE OTHER SEAT.
SO THOSE WHO ARE CONCERNED ABOUT
THE HIGH VACANCY RATE IN THE
FEDERAL JUDICIARY SHOULD PAY
ATTENTION TO THE NOMINATION
PROCESS AND NOT JUST TO THE
SENATE PART OF THAT PROCESS THAT
WE CALL SENATE CONFIRMATIONS.
I WILL SAY A FEW WORDS ABOUT THE
NOMINEES WHO ARE SCHEDULED TO
HAVE VOTES TODAY.
I THANK OUR LEADERSHIP FOR THE
REASONABLE ARRANGEMENTS REACHED
TO CONSIDER THESE NOMINATIONS.
FIRST, AMY TOTENBERG IS
NOMINATED TO BE A U.S. DISTRICT
COURT JUDGE FOR THE NORTHERN
DISTRICT OF GEORGIA.
SHE RECEIVED HER A.B. MAGNA ***
UNIVERSITY.
UPON GRADUATION, SHE JOINED THE
LAW PROJECT AS A PARTNER WHERE
SHE FOCUSED ON FEDERAL
LAW.
SHE LEFT THE LAW PROJECT TO
BECOME A SOLO PRACTITIONER WHERE
SHE MAINTAINED A GENERAL CIVIL
PRACTICE.
MS. TOTENBERG ALSO SERVED AS
MUNICIPAL COURT JUDGE FOR
ATLANTA AND WAS APPOINTED BY THE
ATLANTA BOARD OF EDUCATION AS
THE FIRST IN-HOUSE GENERAL
COUNSEL FOR THE ATLANTA PUBLIC
SCHOOL DISTRICT.
OVER THE PAST DECADE WHILE
MAINTAINING A SOLO PRACTICE,
MS. TOTENBERG HAS SPENT THE
MAJORITY OF HER TIME AS A
SPECIAL MASTER, MONITOR AND
ARBITRATOR/MONITOR FOR THE U.S.
DISTRICT COURTS OF MARYLAND AND
WASHINGTON, D.C.
THE AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON THE
FEDERAL JUDICIARY UNANIMOUSLY
RATED HER WELL QUALIFIED.
THE SECOND NOMINEE, STEVE C.
JONES, IS ALSO NOMINATED TO BE A
U.S. DISTRICT JUDGE FOR THE
NORTHERN DISTRICT OF GEORGIA.
JUDGE JONES RECEIVED A B.B.A.
AND HIS J.D. DEGREES FROM THE
UNIVERSITY OF GEORGIA.
AN EXPERIENCED SKWRAOUFRT, HE --
JURIST, HE BEGAN HIS LEGAL WORK
AS ASSISTANT LEGAL ATTORNEY FOR
THE WESTERN DISTRICT OF GEORGIA.
IN 1993 JUDGE JONES BEGAN
SERVICE AS A MUNICIPAL COURT
JUDGE FOR THE ATHENS CLARK
COUNTY GEORGIA HE WAS APPOINTED
BY GOVERNOR MILLER IN 1995 TO
SERVE AS SUPERIOR COURT JUDGE
FOR THE WESTERN JUDICIAL
CIRCUIT.
HE WAS SUBSEQUENTLY REELECTED
FOUR TIMES AND IS A PRESIDING
JUDGE OF THE FELONY DRUG COURT.
ASIDE FROM HIS DAILY DUTIES ON
THE BENCH, JUDGE JONES WAS
APPOINTED BY THE GEORGIA SUPREME
COURT TO SERVE ON THE JUDICIAL
QUALIFICATIONS COMMISSION.
HE ALSO FUNCTIONED AS CHAIRMAN
FROM THE YEARS OF 2002 TO 2006.
ON AND OFF THE BENCH, JUDGE
JONES HAS CONTRIBUTED TO HIS
HE HAS INVESTED TIME TO HELP
GEORGIA LEGAL SERVICES AS WELL
AS LOCAL ANTIPOVERTY
INITIATIVES.
PARTNERS FOR A PROSPEROUS ATHENS
/ONE ATHENS ANTIPOVERTY
GROUP.
THE AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON THE
FEDERAL JUDICIARY UNANIMOUSLY
RATED HIM WELL QUALIFIED AS
WELL.
I SUPPORT THESE TWO NOMINEES AND
CONGRATULATE THEM ON THEIR
ACHIEVEMENTS AND THEIR PUBLIC
SERVICE.
I WILL CONTINUE TO WORK WITH THE
CHAIRMAN TO MOVE FORWARD ON
CONSENSUS NOMINEES AS WE HAVE
DONE WITH THESE TWO NOMINEES.
THANK YOU, MR. PRESIDENT, AND I
WOULD SUGGEST THE ABSENCE OF A
THE
CLERK WILL CALL THE ROLL.
CALL:
QUORUM CALL: