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MADAM PRESIDENT?
OBJE
THE
SENATOR FROM CONNECTICUT.
MADAM PRESIDENT,
I ASK UNANIMOUS CONSENT THAT
FURTHER PROCEEDINGS UNDER THE
QUORUM CALLDISPENSED WITH.
WITHOUT
OBJECTION.
-- QUORUM CALL BE DISPENSED
WITH.
WITHOUT
OBJECTION.
MADAM PRESIDENT,
I RISE TODAY TO OFFER MY FULL
SUPPORT FOR SUSAN CARNEY OF MY
STATE OF CONNECTICUT WHO IS THE
PRESIDENT'S NOMINEE, NOW
APPROVED BY THE JUDICIARY
COMMITTEE, TO SERVE ON A VERY
IMPORTANT CIRCUIT COURT, THE
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT.
SUSAN CARNEY'S LEGAL EDUCATION
AND LONG CAREER OF PUBLIC
SERVICE, I THINK, WILL MAKE HER
A VALUABLE ADDITION TO THE
FEDERAL BENCH.
I THANK PRESIDENT OBAMA FOR HIS
DECISION TO NOMINATE MS. CARNEY,
AND I URGE MY COLLEAGUES ACROSS
PARTY LINES TO CONFIRM HER
NOMINATION WHEN IT COMES TO A
VOTE IN A SHORT WHILE TODAY.
MS. CARNEY, AS A MATTER OF
RECORD, WAS QUICKLY REPORTED OUT
OF THE JUDICIARY COMMITTEE WITH
A BIPARTISAN VOTE OF 15-3 ON
FEBRUARY 17 OF THIS YEAR.
THIS, IN FACT, WAS THE SECOND
TIME THAT SHE HAD -- HER
NOMINATION HAD BEEN REPORTED OUT
OF THE COMMITTEE WITH BROAD
BIPARTISAN SUPPORT.
IF CONFIRMED, SUSAN CARNEY WILL
BE -- WILL FILL ONE OF TWO
JUDICIAL VACANCIES ON THE SECOND
CIRCUIT, VACANCIES WHICH THE
ADMINISTRATIVE OFFICE OF THE
U.S. COURTS HAS DECLARED TO BE
EMERGENCY VACANCIES.
AND AS I'VE SAID, SHE HAS BEEN
THOROUGHLY VETTED TWICE BY THE
COMMITTEE, THE JUDICIARY
COMMITTEE, AND EARNED BIPARTISAN
SUPPORT BOTH TIMES.
I'D LIKE TO JUST TAKE A MOMENT
TO PROVIDE SOME BACKGROUND ON
THE NOMINEE'S CREDENTIALS.
SUSAN CARNEY HAS A VERY DIVERSE
LEGAL BACKGROUND, BOTH IN
PRIVATE PRACTICE AND WORKING FOR
THE PEACE CORPS AND MOST
RECENTLY SERVING AS THE DEPUTY
GENERAL COUNSEL AT YALE
UNIVERSITY.
FOR THE PAST 12 YEARS, SHE HAS
SERVED IN THAT POSITION, AND AS
YALE'S PRESIDENT, RICHARD LEVIN
PUT IT, "SUSAN CARNEY HAS SERVED
WITH INSIGHT,
INTELLIGENCE AND SUPERB LEGAL
SKILLS."
HE ADDED THAT SHE HAS NEVER
FAILED TO BE GUIDED BY WHAT HE
REFERRED TO AS -- QUOTE -- "HER
FIRM ETHICAL COMPASS."
END OF QUOTE.
IN HER CAPACITY AS GENERAL
COUNSEL, MS. CARNEY WAS THE
SECOND HIGHEST LEGAL OFFICER AT
YALE, WHICH IS, OF COURSE, NOT
JUST THE GREAT EDUCATIONAL AND
RESEARCH INSTITUTION BUT HAS AN
OPERATING BUDGET OF MORE THAN
THAN $2 BILLION ANNUALLY, MORE
THAN 12,000 EMPLOYEES AND MORE
THAN 11,000 STUDENTS.
SO THERE IS A LOT OF LEGAL WORK
TO DO THERE.
MS. CARNEY'S PORTFOLIO INCLUDED
A VARIETY OF COMPLEX AREAS
COVERED BY FEDERAL LAW,
INCLUDING SCIENTIFIC RESEARCH,
INTELLECTUAL PROPERTY AND HEALTH
CARE.
SHE ALSO MANAGED OTHER LEGAL
ELEMENTS OF YALE'S TRANSACTIONS
WITH INSTITUTIONS THROUGHOUT
THIS COUNTRY AND THE WORLD.
MS. CARNEY SERVED AS A LAW CLERK
TO JUDGE LEVIN HICKS CAMPBELL ON
THE U.S. COURT OF APPEALS FOR
THE FIRST CIRCUIT BEFORE
ENTERING PRIVATE PRACTICE.
SHE'S BEEN ADMITTED TO PRACTICE
IN SEVEN COURTS INCLUDING THE
UNITED STATES SUPREME COURT, THE
U.S. COURT OF APPEALS FOR THE
FIRST CIRCUIT, AND THE U.S.
COURT OF APPEALS FOR THE NINTH
CIRCUIT.
SHE'S A MEMBER OF THREE
DIFFERENT BARS, THE
MASSACHUSETTS BAR, THE DISTRICT
OF COLUMBIA BAR AND THE
CONNECTICUT BAR AND HAS ALSO
SERVED ON THE BOARD OF DIRECTORS
OF THE NATIONAL ASSOCIATION OF
ATTORNEYS.
COLLEGE AND UNIVERSITY
THIS IS A SUPERBLY QUALIFIED
INDIVIDUAL WITH A BROAD
BACKGROUND AND A HOST OF
DIFFERENT LEGAL -- IN A HOST OF
DIFFERENT LEGAL FIELDS WHICH SHE
WILL BRING TO THE BENCH.
I THINK MOST SIGNIFICANT OF ALL,
AND SHE OBVIOUSLY IMPRESSED BOTH
PARTIES ON THE JUDICIARY
COMMITTEE, SHE'S BALANCED.
SHE'S OPEN-MINDED.
SHE WILL -- SHE WILL ADJUDICATE
ACCORDING TO WHAT PRESIDENT
LEVIN CALLED HER FIRM ETHICAL
AND MORAL COME COMPASS.
THEREFORE I HOPE THERE WILL BE A
STRONG VOTE OF SUPPORT TO SEND
SUSAN CARNEY TO THE SECOND COURT
OF APPEALS WHERE SHE WILL SERVE
THE CAUSE OF JUSTICE IN AMERICA
VERY, VERY WELL, INDEED.
I THANK THE CHAIR.
I YIELD THE FLOOR AND I -- AND
I'LL WAIT JUST A MINUTE.
BEFORE YIELDING THE FLOOR, MADAM
PRESIDENT, I HAVE NINE UNANIMOUS
REQUESTS FOR COMMITTEES TO MEET
DURING TODAY'S SESSION OF THE
SENATE.
THEY HAVE THE APPROVAL OF THE
MAJORITY AND MINORITY LEADERS, I
ASK UNANIMOUS CONSENT THAT THESE
REQUESTS BE AGREED TO AND THAT
RECORD.
THESE REQUESTS BE PRINTED IN THE
WITHOUT
OBJECTION.
I THANK THE CHAIR
AND NOW I WOULD SUGGEST THE
ABSENCE OF A QUORUM.
THE CLERK
WILL CALL THE ROLL.
THE
SENATOR FROM IOWA.
I ASK THAT THE
CALLING OF THE QUORUM BE
SUSPENDED.
WITHOUT
OBJECTION.
I COME TO THE
FLOOR TO ADDRESS FOR MY
COLLEAGUES AND THE PUBLIC AT
LARGE THE ISSUE OF THE
NOMINATION OF SUSAN CARNEY,
NOMINATED FOR THE SECOND CIRCUIT
AND WE'LL SOON BE VOTING ON
THAT.
TODAY'S VOTE MARKS THE 24th
JUDICIAL CONFIRMATION THIS YEAR
AND THE 16th FOR A SEAT
DESIGNATED AS A JUDICIAL
EMERGENCY.
THIS ALSO MARKS THE FOURTH
VACANCY TO THE SECOND CIRCUIT
THAT HAS BEEN FILLED BY AN OBAMA
NOMINEE.
OVER THE PAST TWO WEEKS,
NOMINATIONS-RELATED WORK HAS
TAKEN UP THE VAST MAJORITY OF
THE SENATE'S TIME.
IN FACT, AFTER TODAY, WE WILL
HAVE CONFIRMED SEVEN JUDGES IN
JUST NINE DAYS.
LAST WEEK ALONE, WE HAD A
CLOTURE VOTE ON THE NOMINEE TO
BE DEPUTY ATTORNEY GENERAL,
DEBATE AND VOTES ON THREE
DISTRICT COURT NOMINEES AND TWO
JUDICIAL COMMITTEE -- JUDICIARY
COMMITTEE MARKUPS.
THIS YEAR, THE COMPETE HAS
REPORTED -- THE COMMITTEE HAS
REPORTED 51% OF PRESIDENT
OBAMA'S NOMINEES, YET IT SEEMS
THAT THE MORE WE WORK WITH THE
MAJORITY ON FILLING VACANCIES,
THE MARCH COMPLAINTS THAT WE
HEAR.
FURTHERMORE, AS WE WORK TOGETHER
TO CONFIRM CONSENSUS NOMINEES,
WE'RE MET WITH THE MAJORITY'S
CONTROVERSIAL NOMINEES.
INSISTENCE THAT WE TURN TO
SO I WANT TO ADDRESS SOME OF THE
COMPLAINTS THAT WE HAVE HEARD.
I THINK ABOUT THE AMERICAN
CONSERVATIVE SOCIETY LOG OR SOME
OF MY COLLEAGUES IN THE SENATE
HERE WHO SAY THAT WE'RE NOT
MOVING FAST ENOUGH ON PRESIDENT
OBAMA'S NOMINEES, AND I WANT TO
POINT OUT TO THEM THAT THAT'S
DISHONEST.
YECT -- INTELLECTUALLY
THEY MAY BE IGNORE ABOUT SOME OF
THE STATISTICS THAT INVOLVE THE
NOMINEES WE HAVE APPROVED SO FAR
VERSUS WHAT HAS BEEN DONE IN
OTHER ADMINISTRATIONS, BUT I
WANT TO SHOW THAT IT'S AN
OUTRIGHT FLAT LIE THAT WE'RE NOT
PROCESSING NOMINEES FAST ENOUGH.
GIVEN THE PACE OF ACTIVITY IN
OUR COMMITTEE AND ON THE FLOOR,
THERE'S JUST NO CREDIBILITY TO
THE ARGUMENTS THAT WE'RE NOT
MOVING FAST ENOUGH.
LAST WEEK, IT WAS STATED THAT
THE SENATE IS WELL HYPED ON
PRESIDENT OBAMA'S NOMINATIONS.
SO I WOULD PROVIDE PERSPECTIVE
PERSPECTIVE -- WELL BEHIND ON
PRESIDENT OBAMA'S NOMINATIONS.
SO I WOULD PROVIDE PERSPECTIVE
ON THAT ASSERTION.
FOR COMPARABLE TIME PERIODS, WE
HAVE PROCESSED AND CONFIRMED A
GREATER PERCENTAGE OF PRESIDENT
OBAMA'S NOMINEES.
WHEN WE GET DONE WITH THE VOTE
THAT WE'RE GOING TO TAKE IN
ABOUT 30 MINUTES, WE WILL HAVE
CONFIRMED 33% OF PRESIDENT
OBAMA'S NOMINEES NOMINATED THIS
YEAR.
THAT COMPARES TO ONLY 28% OF
PRESIDENT BUSH'S NOMINEES
CONFIRMED IN A COMPARABLE TIME
PERIOD.
FURTHERMORE, PRESIDENT OBAMA'S
NOMINEES ARE MOVING MUCH FASTER
THROUGH THE COMMITTEE PROCESS.
PRESIDENT OBAMA'S CIRCUIT COURT
NOMINEES HAVE WAITED ONLY ON
AVERAGE 72 DAYS FROM NOMINATION
TO HEARING.
PRESIDENT BUSH HAS HAD TO WAIT
ON AVERAGE 275 DAYS DURING HIS
FIRST TERM.
FOR HIS ENTIRE PRESIDENCY, THAT
AVERAGED ALMOST 247 DAYS.
PRESIDENT OBAMA'S DISTRICT COURT
NOMINEES ARE ONLY -- ARE ALSO
FAIRING BETTER, WAITING ON
AVERAGE ONLY 70 DAYS FOR THEIR
HEARING.
PRESIDENT BUSH'S DISTRICT COURT
NOMINEES HAD AN AVERAGE WAIT OF
CLOSER TO 100 DAYS, AND THAT WAS
DURING HIS FIRST TERM, AND AN
AVERAGE OF 120 DAYS THROUGHOUT
HIS ENTIRE PRESIDENCY.
THESE STATISTICS AND OUR
CONTINUED ACTION MOVING ON
CONSENSUS NOMINEES REFUTES THE
ARGUMENT MADE BY THOSE WHO
CONTINUE TO FALSELY CLAIM THAT
THERE IS A SYSTEMIC DELAY AND
PARTISAN OBSTRUCTION OF JUDICIAL
NOMINEES BY REPUBLICANS IN THE
SENATE.
AND SO I WANT THOSE PEOPLE AND
THOSE ORGANIZATIONS AND THEIR
BLOGS THAT ARE MAKING THESE
DISHONEST COMMENTS ABOUT HOW
SLOW WE MOVE TO PUT THOSE
STATISTICS THAT I JUST GAVE IN
THEIR PIPE AND SMOKE IT.
MY CONCERN, TODAY WE'RE GOING TO
CARNEY.
VOTE ON THE NOMINATION OF SUSAN
THIS WILL BE FOR THE U.S.
CIRCUIT JUDGE FOR THE SECOND
CIRCUIT.
MS. CARNEY RECEIVED HER A.B. ***
LAUDE FROM HARVARD UNIVERSITY IN
1973 AND HER JURIES DOCTORATE
MAGNA *** LAUDE FROM HARVARD LAW
SCHOOL IN 1977.
UPON GRADUATION FROM LAW SCHOOL,
SHE CLERKED FOR JUDGE CAMPBELL
ON THE FIRST CIRCUIT AND THEN
ENTERED PRIVATE PRACTICE.
AFTER EIGHT YEARS OF PRIVATE
PRACTICE, MS. CARNEY WAS
SELF-EMPLOYED FOR THE NEXT SIX
YEARS, ENGAGED IN CONTRACT LEGAL
WORK AND DOING CONSULTING.
IN 1994, THE NOMINEE RETURNED TO
LEGAL PRACTICE AS COUNSEL TO
BRETTHOFF AND KAISER HERE IN
WASHINGTON, D.C.
IN 1996, SHE MOVED TO THE PEACE
CORPS WHERE SHE SERVED AS
ASSOCIATE GENERAL COUNSEL FOR
TWO YEARS.
IN 1998, SHE JOINED THE GENERAL
COUNSEL'S OFFICE AT YALE
UNIVERSITY WHERE SHE HAS BEEN
THE DEPUTY GENERAL COUNSEL FOR
THE PAST NINE YEARS.
MY CONCERN WITH MS. CARNEY'S
NOMINATION IS HER LACK OF
EXPERIENCE.
SHE HAS JUDICIAL EXPERIENCE AND
HAS LIMITED LITIGATION
EXPERIENCE.
MS. CARNEY HAS NEVER AUTHORED
ANY SCHOLARLY LEGAL WORK OF
NOTE, AND MUCH OF HER WORK
PRODUCT PROVIDED TO THE
COMMITTEE CONSISTS OF
PRESENTATIONS ABOUT VARIOUS
LEGAL ISSUES FACED BY RESEARCH
UNIVERSITIES.
HER QUALIFICATION FOR THE COURT
OF APPEALS AND INDEED THE REASON
FOR THE PRESIDENT'S DECISION TO
NOMINATE HER TO THE SECOND
CIRCUIT REMAINS SOMEWHAT OF A
MYSTERY.
ACCORDING TO HER QUESTIONNAIRE,
MS. CARNEY APPEARED IN COURT
OCCASIONALLY OVER THE COURSE OF
HER CAREER, AND THOSE WORDS
OCCASIONALLY ARE HER OWN.
SHE HAS NEVER TRIED ANY CASE TO
VERDICT, JUDGMENT OR FINAL
DECISION, AND ABSENT, SHE
EXPLAINS BY SAYING THAT SHE --
QUOTE -- "SPENT HER LAW CAREER
AS AN APPELLATE LAWYER AND
IN-HOUSE COUNSEL."
END OF QUOTE.
HER QUESTIONNAIRE SUGGESTS THAT
SHE HAS NEVER ARGUED A CASE IN
AN APPELLATE COURT.
DURING HER MOST RECENT LEGAL
JOB, MS. CARNEY HAS FOCUSED
LARGELY ON CONTRACTUAL ISSUES
SUCH AS SCIENTIFIC RESEARCH
PARTNERSHIPS BETWEEN ACADEMIC
RESEARCHERS AND FOR-PROFIT
INDUSTRY, INTERNATIONAL
PARTNERSHIPS INVOLVING YALE AND
INTELLECTUAL PROPERTY OWNERSHIP
ISSUES.
HER QUESTIONNAIRE REVEALS NO
LITIGATION EXPERIENCE IN THE
LAST 15 YEARS OF HER CAREER AND
IT IS UNCLEAR HOW HER POSITION
WITH YALE UNIVERSITY MIGHT HAVE
PREPARED HER FOR THE FEDERAL
JUDICIAL APPOINTMENT, MUCH LESS
ONE ON THE COURTS OF APPEAL.
THE A.B.A., MEANING THE AMERICAN
BAR ASSOCIATION, STANDING
COMMITTEE ON THE FEDERAL
JUDICIARY GAVE HER THE RATING --
QUOTE -- "SUBSTANTIAL MAJORITY
EQUALIFIED, MINORITY NOT
END OF QUOTE.
QUALIFIED."
EVEN THOUGH THE REASONS BEHIND
THE RATINGS ARE NOT RELEASED, I
SUSPECT THE NOT QUALIFIED RATING
STEMS FROM HER LACK OF
LITIGATION EXPERIENCE.
THIS NOMINEE DOES NOT HAVE THE
CONCRETE JUDICIAL EXPERIENCE I
FAVOR.
I KNOW OTHERS SHARE THIS VIEW.
THE JUDICIARY COMMITTEE REPORTED
THIS NOMINEE BY A VOTE OF 15-3
WITH THREE REPUBLICAN
OPPOSITIONS IN OPPOSITION, NOT
INCLUDING THIS SENATOR.
I TAKE THEIR VIEWS SERIOUSLY AND
FULLY UNDERSTAND WHY SENATORS
WOULD NOT SUPPORT THIS
NOMINATION.
NEVERTHELESS, WITH LITTLE
ENTHUSIASM FOR HER NOMINATION, I
WILL GIVE HER THE BENEFIT OF THE
DOUBT AND SUPPORT THE NOMINEE.
I YIELD THE FLOOR AND SUGGEST
THE ABSENCE OF A QUORUM.
THE CLERK
CALL THE ROLL.
MR. PRESIDENT?
THE
SENATOR FROM VERMONT.
MR. PRESIDENT, I ASK
CONSENT THE CALL OF THE QUORUM
BE DISPENSED WITH.
WITHOUT
OBJECTION.
MR. PRESIDENT, TODAY
THE SENATE IS FINALLY
CONSIDERING THE MOM NOMINATION OF
SUSAN CARNEY OF CONNECTICUT TO
FILL A SEAT ON THE COURT OF
APPEALS FOR THE SECOND CIRCUIT A
SEAT THAT IS ACTUALLY JUDICIAL
EMERGENCY VACANCY.
NOW, I RAISE THIS BECAUSE I'VE
EXPRESSED CONCERN ON -- ON THE
FLOOR ABOUT THESE JUDICIAL
EMERGENCY VACANCIES THAT ARE
GOING UNFILLED.
NOT BECAUSE THE PRESIDENT HASN'T
SENT THE NOMINATION UP HERE, BUT
BECAUSE IT'S DELAYED.
IN HER CASE SHE WAS TWICE
CONSIDERED BY THE JUDICIARY
COMMITTEE.
TWICE REPORTED A STRONG
BIPARTISAN SUPPORT.
FIRST LAST YEAR, AND MONTHS AGO
IN FEBRUARY.
THE MAJORITY OF THE REPUBLICANS
ON THE JUDICIARY COMMITTEE HAVE
NOMINATION.
TWICE VOTED IN SUPPORTING THIS
I EXPECT SHE'S GOING TO BE
CONFIRMED WITH SIGNIFICANT
BIPARTISAN SUPPORT, BUT IT
SHOULD HAVE BEEN DONE LAST YEAR.
IT'S ONE OF SEVERAL JUDICIAL
NOMINATIONS THAT MINORITY
REPUBLICANS REFUSE TO CONSID
EVEN THOUGH SHE'S REPORTED
FAVORABLY BY THE JUDICIARY
COMMITTEE LAST YEAR.
HERS WILL BE THE 16th -- ONLY
THE 16th NOMINATION CONFIRMED
THIS YEAR THAT COULD, IN MY
VIEW, SHOULD HAVE BEEN
CONSIDERED LAST YEAR.
WITH 24 JUDICIAL NOMINATIONS,
THE SENATE WILL CONSIDER AND
CONFIRM THIS YEAR, INCLUDING
MS. CARNEY, BUT ALMOST 70% WERE
DELAYED FROM LAST YEAR AND
SHOULD HAVE BEEN CONSIDERED AND
CONFIRMED LAST YEAR.
WE'VE ONLY BEEN ABLE TO CONFIRM
EIGHT JUDICIAL NOMINEES AT
HEARINGS THAT HAVE BEEN REPORTED
FOR THE FIRST TIME THIS YEAR.
SO WHEN SOME SAY WE'RE TAKING
POSITIVE ACTION ON A LARGE
PERCENTAGE OF THE NOMINEES, WHAT
THEY'RE SAYING IS THAT WE'RE
TAKING ON MANY
UNOBJECTIONABLE --
UNOBJECTIONABLE NOMINEES THAT
WERE STALLED LAST YEAR BY
OBJECTIONS FROM THE REPUBLICANS.
IN FACT, THIS IS ONLY THE THIRD
CIRCUIT COURT NOMINATION THAT
THE SENATE'S BEEN ALLOWED TO
CONSIDER ALL YEAR AND THERE HAVE
BEEN SEVERAL OTHERS AWAITING
FINAL SENATE ACTION.
SUSAN CARNEY IS CURRENTLY THE
DEPUTY COUNSEL OF YALE
UNIVERSITY.
SHE HAS A CAREER OF
DISTINGUISHED SERVICE.
SHE'S ONE I LOOKED AT CAREFULLY
BECAUSE, OF COURSE, VERMONT'S IN
THE SECOND CIRCUIT, AS WELL AS
NEW YORK AND CONNECTICUT.
IN HER CASE I THINK I'M
FORTUNATE THE -- I THINK HOW
FORTUNATE THE CIRCUIT IS TO HAVE
HER.
SHE GRADUATED WITH HONORS FROM
HARVARD AND HARVARD LAW SCHOOL,
SHE CLERKED FOR SENATOR
CAMPBELL, SHE PENT 17 YEARS
IN -- SPENT 17 YEARS IN PRIVATE
PRACTICE WITH SIGNIFICANT
APPELLATE EXPERIENCE.
BEFORE BECOMING ASSOCIATE
COUNSEL IN THE PEACE CORPS.
SHE SPENT THE LAST 13 YEARS IN
THE OFFICES OF THE GENERAL
COUNSEL AT YALE UNIVERSITY.
SHE'S NOW YALE'S SECOND-HIGHEST
RANKING LEGAL OFFICER.
HER NOMINATION HAS THE STRONG
SUPPORT OF BOTH HER HOME STATE
SENATORS.
BEFORE HE RETIRED FROM THE
SENATE, SENATOR DODD, INTRODUCED
SUSAN CARNEY, HE SAID THAT
THROUGHOUT HER CAREER SUSAN
CARNEY HAD A BREADTH OF LEGAL
KNOWLEDGE, WELL SUITED TO SERVE
APPEALS.
ON THE SECOND CIRCUIT COURT OF
PERHAPS EVEN MORE IMPORTANT, I
BELIEVE SHE HAS EXHIBITED THE
KIND OF TEMPERMENT AND RESPECT
FOR THE RULE OF LAW.
THERE ARE ABSOLUTE COMPONENTS TO
SERVING THE COURTS.
THAT'S WHAT SENATOR DODD SAID
AND I AGREE WITH HIM.
HE WENT ON TO SAY THE MS. CARNEY
THAT SHE -- SHE'S BEEN A LAWYER
FOR 30 YEARS, SHE HAS A WEALTH
OF EXPERIENCE INCLUDING 17 YEARS
IN PRIVATE PRACTICE WITH
EXPERIENCE IN APPELLATE
LITIGATION.
THAT'S WHAT I SAY ABOUT THE
CONCERNS RAISED.
BUT I HAVE NONETHELESS HEARD
THIS PURPORTED CONCERN RAISED BY
THE HANDFUL OF REPUBLICAN
SENATORS WHO OPPOSE THIS
EXTREMELY WELL-QUALIFIED WOMAN,
AND I BELIEVE THAT MS. CARNEY'S
WIDE RANGE OF EXPERIENCE, A
LAWYER IN PRIVATE PRACTICE,
DEPUTY GENERAL COUNSEL TO ONE OF
THE WORLD'S LEADING EDUCATIONAL
RESEARCH INSTITUTIONS, ONE WITH
AN ANNUAL BUDGET THAT EXCEEDS
EXCEEDS $2 BILLION.
PREPARED WELL TO SERVE ON THE
SECOND CIRCUIT.
IN NEW YORK, CONNECTICUT, AND
VERMONT, THE THREE STATES
REPRESENTED ON THE SECOND
CIRCUIT, SENATORS FROM EACH OF
THOSE THREE STATES SUPPORT HER.
YOU KNOW, I -- I DID NOT HEAR
THE SAME REPUBLICAN SENATORS WHO
SAY THIS DISTINGUISHED WOMAN
DOES NOT HAVE ENOUGH JUDICIAL
EXPERIENCE, THEY DID NOT NOTE
ANY CONCERNS ABOUT LACK OF
JUDICIAL EXPERIENCE WHEN
PRESIDENT BUSH NOMINATED AND THE
SENATE CONFIRMED 24 NOMINEES TO
CIRCUIT COURTS WITH NO PRIOR
JUDICIAL EXPERIENCE, A NUMBER
WITH VERY LITTLE TRIAL
LITIGATION EXPERIENCE.
EVEN AS SOME REPUBLICANS HAVE
OPPOSED THIS NOMINEE BY SAYING
THAT SHE DOES NOT HAVE
SUFFICIENT LITIGATION
EXPERIENCE, REPUBLICAN SENATORS
HAVE RECENTLY TRIED TO TWIST
NOMINEES' LITIGATION EXPERIENCE
AGAINST THEM.
IT IS NOT CONSISTENT.
WHEN A NOMINEE HAS EXTENSIVE
EXPERIENCE AND IS A SUCCESSFUL
TRIAL LAWYER, THEN THEY SAY THE
NOMINEE HAS TOO MUCH EXPERIENCE,
THEY'RE GOING TO BE BIASED BY.
IT REPUBLICANS OPPOSED JUDGE
McCONNELL OF RHODE ISLAND
BECAUSE HE HAS AN EXCELLENT
TRIAL LAWYER.
THEY POSED JUDGE CHEN OF
CALIFORNIA DESPITE HIS 10 YEARS
AS FAIR AND IMPARTIAL FEDERAL
JUDGE MANNING IS STRAIGHT AND
DISREGARDED HIS JUDICIAL RECORD.
THEIR OPPOSITION TO PRESIDENT
OBAMA'S JUDICIAL NOMINEES HAVE
BEEN ANYTHING BUT CONSISTENT.
AND NOW THEY TURN AROUND AND
SOME WILL OPPOSE MS. CARNEY,
NOMINEE, SHE HAS MORE THAN 30
YEARS OF LEGAL EXPERIENCE, BY
SAYING SHE HAS NOT HAD
SUFFICIENT EXPERIENCE AS TRIAL
ADVOCATE.
SHE REMINDS ME THE STORY OF A
MOTHER, HER SENT TO HER SON TWO
NECKTIES, WHEN SHE PICKED UP HER
SON WEARING ONE OF THE TWO TIES,
TO ONLY HEAR HIS MOTHER SAY,
WHAT'S THE MATTER?
DON'T YOU LIKE THE OTHER TIE?
WELL, THE STANDARD SEEMS TO
CHANGE DEPENDING UPON WHO
PRESIDENT OBAMA SENDS UP HERE.
SO LET'S TURN AWAY FROM SUCH
DOUBLE STANDARDS AND RETURN TO
THE LONGSTANDING SENATE PRACTICE
OF JUDGING NOMINEES ON THEIR
MERITS, NOT BASED ON CARICATURES
CARICATURES.
TO FINALLY REACH A TIME
AGREEMENT TO HAVE A VOTE ON
SUSAN CARNEY, A WELL-QUALIFIED
PROGRESS.
WOMAN, IS A WELCOMEED SIGN OF
WE HAVE A LONG WAY TO GO TO GO
WHERE WE WERE IN PRESIDENT
BUSH'S FIRST TERM WITH DEMOCRATS
IN CHARGE FOR THE FIRST HALF OF
THAT WHEN WE CONFIRMED 205 OF
HIS JUDICIAL NOMINATION.
WHAT I HOPE IS THE OTHER SIDE
WILL START COOPERATING THE WAY
WE DID WITH PRESIDENT BUSH AND
ALLOW US TO ENSURE THAT THE
FEDERAL JUDICIARY HAS THE JUDGES
IT NEEDS TO PROVIDE JUSTICE TO
AMERICA'S -- AMERICA THROUGHOUT
THIS COUNTRY, ESPECIALLY THOSE
AREAS WITH JUDICIAL EMERGENCIES.
FLOOR.
MR. PRESIDENT, I YIELD THE
SUGGEST THE ABSENCE OF A
QUORUM AND I ASK
A SENATOR: MR. PRESIDENT?
THE
SENATOR FROM IDAHO.
I ASK THAT THE
QUORUM CALL BE LIFTED.
OFFICER WITHOUT OBJECTION.
MR. PRESIDENT, I
YIELD BACK ALL TIME.