Executive Session

Floor Speech

Date: March 2, 2010
Location: Washington, DC
Issues: Judicial Branch

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Mr. WEBB. Mr. President, I rise again to speak on behalf of Justice Barbara M. Keenan, the nominee to serve on the Fourth Circuit. I would like to point out this is the third time I have had the pleasure of outlining her qualifications and also would like to express my regret that the Senate is again being forced to waste valuable time that could be used toward solving greater problems in our country in order to go through these repeated delays on votes that are going to be, if not unanimous, certainly well above 90 of our body in favor of this type of nomination.

The American people are commenting about how the Congress is not addressing the true problems of the country. I think this is an example that perhaps all those who are interested in our political system can comprehend rather quickly, of obstructionism and of the unnecessary delay of the appointment of individuals who are vitally needed as we look at the state of our judicial system today.

Justice Keenan was voted out of committee in October of last year by a unanimous voice vote. Her nomination is noncontroversial. She has been a dedicated public servant, a fair and balanced jurist. Her nomination has broad bipartisan support not only in this body but also in the Commonwealth of Virginia. So I again believe it is critical we move forward as quickly as possible to confirm this nomination.

There are currently four vacancies on the Fourth Circuit--more than any other circuit in our country. This seat that Justice Keenan would fill has been vacant now for more than 2 years. She is an extraordinary choice to fill this vacancy.

She has been a State supreme court justice since 1991. She has been a trailblazer for women in the law throughout her career. At the age of 29, she was the first female general district court judge in Virginia, when she was selected for the Fairfax County bench in 1980. She became the first female circuit court judge when she was promoted to that court in 1982. In 1985, she was 1 of 10 judges named to the first Virginia Court of Appeals and was the only woman on that court when it was first created. She was selected for the State supreme court, the second female justice ever to serve there, in 1991. She was, in fact, the first judge to serve on all four levels of Virginia's courts.

As I pointed out in my previous floor remarks, I think it is very important for the understanding of this body to point out that when Governor McDonnell was recently sworn into office, he specifically requested that Justice Keenan deliver him that oath of office. In fact, Governor McDonnell has released a statement where he said:

Virginia Supreme Court Justice Barbara Keenan is one of the foremost legal minds in our Commonwealth. .....Her nomination by the President for the United States Court of Appeals for the Fourth Circuit is one that should be viewed favorably and acted upon expeditiously. Justice Keenan has dedicated her career to public service ..... I look forward to her service on the Fourth Circuit bench.

This is from Governor McDonnell, who is from the Republican Party, and I think it is a clear indication of the broad respect this individual has within the Commonwealth.

I am mindful of the Senate's constitutional role in confirming executive nominations. This is vitally important. We have a robust vetting process. Debate is important and appropriate. We have conducted, inside the Virginia delegation, that kind of vetting process which resulted in Justice Keenan's name being moved forward.

Again, in the name of pragmatic bipartisanship and in the spirit of good governance in the way we should be spending valuable time on the Senate floor, with so many issues affecting this country, we need to move past these artificial barriers. We need to stop putting delays in front of the types of issues we should be confronting. Let's get on with the business of governing.

Again, as I pointed out in my previous statement, of the 876 Federal judgeships, there are currently 100 vacancies. These vacancies delay the administration of justice, they delay the resolution of disputes, and they diminish our citizens' right to a speedy trial. They affect the respect for our whole governmental process.

In light of the fact that my prediction is Justice Keenan will get, if not 100 votes in this body--I doubt she will get 1 or 2 negative votes in this whole body--there is no need for us to go through hours and hours of debate and delay in order to get her where she needs to be; that is, on the Fourth Circuit. So I am asking my colleagues across the aisle if we might not move this nomination forward in a timely way.

With that, I yield the floor.

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