Nomination Of M. Patricia Smith To Be Solicitor For The Department Of Labor - Continued

Floor Speech

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Mr. LAUTENBERG. Mr. President, I think it is important we respond to the public discourse and concern about what it is we do here to accomplish what is in the public interest. We know that for some time now there has been obstructionism to moving ahead with the people's business, that the price obtained for obstructionism is political gain. But, like any other transaction, when you do that--when we take the time and the energy devoted toward trying to move ahead and do not move ahead--the price that is paid for this by the American public. It is apparent that our friends on the other side have decided they would rather sacrifice the people's need for action on critical issues for their party's political gain.

We have seen delay, diversion, parliamentary gimmicks, wasted time, and a throwaway of huge resources to distort and distract us from accomplishing better lives for American families. Republicans have used stalling tactics such as the filibuster over 100 times since the start of this Congress just over 1 year ago. The problem is, the victims of these delay-and-destroy tactics are people who need to get back to work, have affordable health care, better education, and other essentials for decent living.

The victims are also well-qualified nominees for high government positions who seek to serve in order to carry America forward--nominees to fill an appeals court position, such as Judge Joseph Greenaway from my State of New Jersey.

Joseph Greenaway is a well-qualified judge who has served on the Federal bench in New Jersey for over a decade. He has been nominated by President Obama for a seat on the Third Circuit Court of Appeals. He brings exceptional credentials and experience that are second to none. But his nomination has been blocked without any criticism of his education, experience, or merit.

This wonderful example of America at its best came from a modest-income family. He has great academic credentials, excelling at Columbia University and Harvard Law School. He brings a rare blend of experience, clerking for a Federal judge, serving as an assistant U.S. attorney in Newark in 1985, and then working in private practice. He distinguished himself prosecuting bank fraud and white-collar criminals before rising through the ranks to become chief of the Narcotics Division. He moved on to serve as a U.S. district court judge in New Jersey. In that position, he has built up a wealth of experience, presiding over more than 4,000 cases in his courtroom.

He has received numerous honors and awards recognizing his work, among them, the Earl Warren Legal Scholar, Thurgood Marshall College Fund Award of Excellence, Garden State Bar Association Distinguished Jurist Award--the list goes on--Columbia University Medal of Excellence, chair emeritus of the Columbia College Black Alumni Council.

Judge Greenaway has spent his career protecting the people of the State of New Jersey. Despite his critical bench responsibilities, he has always found time to give back to the community. He teaches criminal trial practice classes at Cardozo Law School and courses about the Supreme Court there and at Columbia University.

Judge Greenaway will be an outstanding addition to the bench. The American Bar Association rated him ``unanimously well qualified'' for this position. That is why he was passed unanimously out of the Judiciary Committee. Not one Republican on that committee dissented. There was not one vote against him. Yet Judge Greenaway has been sidelined for over 4 months, waiting for a vote on the Senate floor, despite the need to fill that position. Every time we try to schedule a vote, Republicans have objected.

I am pleased to note there has been consent to go to a vote on Monday evening. The wait has been long. It has been tortuous. There can't be any understanding of why. With all the wonderful accolades Judge Greenaway has had for his work, his experiences, his climb to the position he has had, what could be objected to? I say, if he is not acceptable in our colleagues' eyes, speak up. Vote against him. Show the American people why this educated, brilliant legal scholar is not fit to serve.

Obstructionism last year led to the lowest number of judicial confirmations in more than 50 years. It is time for this to end, and it doesn't end with a vote on Judge Greenaway. There are lots of positions that have yet to be filled. I wish to say to those who hear this or understand otherwise what is going on, this man, people like him, and our country deserve better.

When a confirmation is blocked, it is not just one judge who suffers. The whole system suffers under the weight of vacancies in the judiciary. The American people suffer with longer waits for justice in overburdened courts.

The Third Circuit Court has a vacancy that needs to be filled. It is time for our friends--Republican Senators who I know love their country--to stop obstructing things, when we have well-qualified nominees, and allow the Senate to confirm them without further delay.

When we have objections that are purposeful, come to the floor, explain why, and explain it honestly and frankly in front of the American people. But to hide behind objections reminds me of what we used to call people who refused to serve: conscientious objectors. That says something in that phrase. I heard it often in America when I was in uniform as a soldier. Conscientious objectors, people who objected because they have a conscience. If that is the case, and if we relate that to the current condition here, then let people who want to object come up and explain why exactly it is they don't want to vote. But, again, I am pleased our Republican colleagues have seen there was no longer any purpose in delay.

With that, I yield the floor.

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