Nomination of Roseann A. Ketchmark To Be United States District Judge for the Western District of Missouri
Floor Speech
BREAK IN TRANSCRIPT
Mr. LEAHY. Madam President, today we are going to vote on the nomination of Roseann Ketchmark. She has been nominated to be a Federal district judge in the Western District of Missouri. Now, this is only the sixth judicial nominee that we have voted on since the Senate Republicans took over the majority 8 months ago, so less than 1 a month. In fact, if we continue at this rate the Republican majority has established, the Senate this year will confirm the fewest number of judges in more than a half century--resulting in a judicial vacancy crisis. I am concerned because the Senate Republican leadership has refused to schedule timely confirmation votes for consensus judicial nominees which, I think, demonstrates an astounding neglect of the needs of our independent third branch, which borders on contempt.
I am proud to be a lawyer. I have practiced both in the criminal and civil bars and served as a prosecutor. I have appeared before many different courts. I look at the men and women who have been on our courts, and I say: Here is an example of the way the judicial system should be--something every country in the world wants to emulate. But now, we are treating that third branch almost with contempt--with partisan contempt--and that is going to hurt the whole of the Federal judiciary.
When Senate Democrats were in the majority, we worked hard to reduce the number of judicial vacancies to just 43--the lowest level since this President took office. This was accomplished through the unyielding efforts of then-Majority Leader Reid and Senate Democrats, who prioritized filling judicial vacancies so that our independent judiciary would be sufficiently staffed. Our success in reducing the number of judicial vacancies to such a level in 2014 was remarkable, given that we had begun the year with over 90 vacancies and the fact that Senate Republicans filibustered every single judicial nominee.
Throughout President Obama's tenure, we have seen Senate Republicans consistently prioritize partisan politics over the Senate's constitutional duty of advice and consent. Their relentless obstruction over the last 6 years has resulted in an unacceptable number of vacancies--often hovering close to or exceeding 90. By the end of last year, the Senate made progress in reducing judicial vacancies to 43, but now we are seeing those gains reversed due to the Republicans' refusal to even schedule confirmation votes this year. In the 8 months since Republicans have been in the majority, judicial vacancies have increased by more than 50 percent. If Republicans keep on this dangerous course, we are heading to a judicial vacancy crisis. This is made worse by the fact that the number of Federal court vacancies deemed to be ``judicial emergencies'' by the non-partisan Administrative Office of the U.S. Courts has increased by 158 percent since the beginning of the year. There are now 31 judicial emergency vacancies that are affecting communities across the country.
I am going to show a couple of things. Republicans campaigned last year on the promise they would govern responsibly if they won the majority, but instead they have created divisive issues that play openly to their political base. One needs to look no further than the recent show vote to defund critical health services for women.
I was in Vermont all last month. Everywhere I went--especially rural Vermont, where it is so difficult and so essential to get health care to women--they are asking: Why do the Republicans want to cut off the health care for women in rural parts of our country? Rather than spending 2 days in an unnecessary political exercise, the Senate should have voted to confirm the many judicial nominees pending on the calendar. In fact, rather than pushing bills to strip funding from local law enforcement for obeying the rules on immigration enforcement, we should be confirming judges to ensure our entire criminal justice system works for everyone.
Let's give one example. The last 2 years of President Bush's tenure in office, the Democrats controlled the Senate. By this time, we had confirmed 26 of his judges. Now, with exactly the same situation, with Republicans controlling, they have only allowed five judges. What we did as Democrats for President Bush, we put through five times as many judges as Republicans have for President Obama. What you are seeing actually is we are going to politicize the Federal courts.
Supporting and strengthening our Federal judiciary is not a Democratic or Republican priority; it is a fundamental and constitutional duty of the Senate that we all must share. In fact, the Senate Republican leadership's decision to shirk this body's constitutional duty of advice is doing the most harm to States with at least one Republican Senator. Of the 67 current vacancies that exist, 48 of them--or more than 70 percent--are in States with at least one Republican Senator. Texas, for example, has nine judicial vacancies. Seven of those nine are considered judicial emergencies. Incredibly, one of those district court positions has been vacant for over 4 years. A Fifth Circuit position in Texas has been vacant for more than 3 years. Pennsylvania and Alabama face similar crises. They have six and five current vacancies, respectively. Federal courts in several other States are grappling with extended vacancies. They desperately need to be filled.
The length of time that some of these vacancies have remained unfilled is staggering. In Texas, none of these vacancies currently have nominees because the Texas Senators have been slow in providing recommendations to the President. A similar pattern can be seen with the Alabama vacancies, where two of the positions have been vacant for over 2 years, and another has remained vacant for over 1 1/2 years.
In Pennsylvania, there are six current vacancies and five nominees pending. Senate Republicans should be trying to move these nominees as expeditiously as possible. Of great concern is the treatment of Judge Luis Felipe Restrepo, who will fill an emergency vacancy on the U.S. Court of Appeals for the Third Circuit. Judge Restrepo was unanimously confirmed 2 years ago by the Senate to serve as a district court judge in Pennyslvania. I have heard no objection to his nomination, yet it took 7 months just to get him a hearing in the Judiciary Committee.
Judge Restrepo has strong bipartisan support from both Pennsylvania Senators, and he was voted out of the Judiciary Committee unanimously by voice vote. Once confirmed, Judge Restrepo will become the first Hispanic judge from Pennsylvania to serve on this court and only the second Hispanic judge ever to serve on the Third Circuit. No Senate Democrat opposes a vote on his nomination. Senate Republicans are the only thing holding up his nomination. I hope the Republican Senator from Pennsylvania will implore his leadership to bring this highly qualified nominee up for a vote. The continued delay of Judge Restrepo is a poor reflection on this body.
In the Western District of New York, located in Buffalo, there is not a single active Federal district judge, even though it has one of the busiest caseloads in the country. And there are more criminal cases than in Washington, DC, Boston, Cleveland, and they don't have a single active judge because Republicans will not allow a vote, up or down, even though they have the majority. If you don't like the judge, you vote them down. They will not even allow a vote. I should note that the highly qualified nominee to serve in Buffalo was voted unanimously out of the Judiciary Committee. They will not allow them to have a vote on the Senate floor.
Look at this, how we brought vacancies down when we controlled the Senate, and now look at how they shoot up when the Republicans control the Senate. It makes no sense at all. In fact, as I said earlier, the Republican-controlled Senate allowed confirmation votes on just five judges--one, two, three, four, five. They have taken vacations, recesses, long weekends, and leave early--but we don't have time to vote on judges, which are normally unanimous votes anyway.
We are going to vote on the sixth today. Whoop-de-i-ay. Good for us. My goodness gracious. It hasn't been this way before. As I said, when I was chairman of the Senate Judiciary Committee, in the last 2 years of President Bush's term, I had put through 26 judges by now. The Republicans have only allowed five judges. This kind of partisanship is really wrong. In fact, it is on pace to be the lowest in recent history.
President Eisenhower had 47 judges confirmed in his last 2 years in office; President Reagan had 85 judges confirmed his last 2 years in office; President Clinton had 73 judges confirmed his last 2 years in office; and President George W. Bush had 68 judges confirmed his last 2 years in office. This is a clear double standard that is being applied to President Obama's nominees.
Republicans can provide some real leadership if the majority leader would go ahead and allow for a vote on all 14 of the judicial nominees pending on the Executive Calendar. All of these nominees have bipartisan support and were voted out of the Judiciary Committee by voice vote. Five of them would fill judicial emergency vacancies, including Judge Restrepo of Pennsylvania. Others would fill judicial emergencies in California, New York, and Tennessee. And the five nominees to the U.S. Court of Federal Claims have now been pending before the full Senate for a year or more.
Today we are voting on the nomination of Roseann Ketchmark to fill a judicial vacancy in the Federal district court in the Western District of Missouri. She has spent her entire 25-year legal career as a prosecutor on both the State and Federal levels. Since 2001, Ms. Ketchmark has served as an Assistant U.S. Attorney with the U.S. Attorney's Office for the Western District of Missouri. During her time in the U.S. Attorney's Office, Ms. Ketchmark has served in supervisory and management capacities as both the First Assistant U.S. Attorney and as the Executive Assistant Attorney. She began her legal career as an Assistant Prosecutor in Kansas City, MO, at the Jackson County Prosecutor's Office, and subsequently joined the Platte County Prosecutor's Office in Platte City, MO, as a First Assistant Prosecutor. Ms. Ketchmark has the bipartisan support of her two home State Senators, Senator McCaskill and Senator Blunt. She was voted out of the Judiciary Committee by voice vote more than 4 months ago. She has a strong background as a criminal prosecutor and I will support her nomination.
The majority leader has spoken recently about his desire to avoid another Republican-led government shutdown. I agree, the American people deserve something better than obstructionist shutdowns. While the focus has been on the threat of Republicans shutting down the government over women's health services, the Senate Republicans have virtually shut down the judicial confirmation process. It is harming our justice system in the short and long term.
I have spoken to a number of Republican Senators who realize this is wrong. These are the same Senators who came to me at the time of President Bush and asked: Can you move these judges, even though you are in charge? And I said, of course, we will. Some have come sheepishly and said: We are sorry we didn't return the favor. What I say is reverse course; I urge Senate Republicans to reverse course and realize the short-term partisan decisions are undermining the ability of the judicial system to serve our communities.
Tonight's vote to confirm a district court nominee from Missouri is long overdue. I urge the Senate Republican leadership to schedule votes for the remaining 13 consensus judicial nominees on the Executive Calendar. They could all be done tomorrow morning in half an hour's time.
I have been in the Senate longer than any Member of this body. I have been here in the majority and the minority, numerous times in both. I have been here with Republican Presidents and Democratic Presidents, with the Republican leaders----
BREAK IN TRANSCRIPT
Mr. LEAHY. I have been here with both Republican and Democratic leadership of this body, Republican and Democratic Presidents. I have never, in 41 years, seen the Federal judiciary treated in such a cavalier, mean-spirited and, I would say, irresponsible fashion. I know most Senators want to do the right thing. Let's start doing it. This Third Branch of government should be treated with respect. If you have a person who is not competent who is nominated, then vote them down, but if they are competent, let's have a vote on it. Let's not have this.
You are not going to find good men and women to agree to serve on the Federal bench if they think they are going to be delayed for partisan reasons for a year or more at a time. We can do better. We are all proud of our Federal judiciary. It is the best in the world, but this kind of partisanship could turn it into one of the worst in the world. This Senator does not want to see that happen.
I yield the floor.
BREAK IN TRANSCRIPT
Source