Nomination of Tiffany P. Cunningham

Floor Speech

Date: July 15, 2021
Location: Washington, DC
Issues: Judicial Branch

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Mr. DURBIN. Mr. President, this week the Senate is going to consider Tiffany Cunningham's nomination to serve on the U.S. Court of Appeals for the Federal Circuit.

This is truly historic. Once confirmed, Ms. Cunningham will be the first--the very first--African-American judge to serve on the Federal Circuit.

She will not only bring diversity but an amazing set of credentials to the job. You see, the Federal Circuit is unique among Federal appeals courts. The jurisdiction of other appeals courts is based on geography--in other words, where the case arises. The Federal Circuit is a specialized court, with jurisdiction over particular legal issues, especially patent law.

This court plays a critical role in ensuring that our innovation economy can continue to flourish. It requires judges who understand the complicated law that governs this area and who understand the experiences of Americans from all walks of life. Ms. Cunningham is that person. She received her undergraduate degree in chemical engineering from MIT and her law degree from Harvard Law School. After graduating law school, she clerked for the Federal Circuit.

Ms. Cunningham boasts years of experience that will serve her well. For almost two decades, she worked as an intellectual property litigator in my home State of Illinois.

In that role, Ms. Cunningham cultivated an in-depth understanding of every aspect of patent litigation, from the filing of the case, through discovery, trial, and appeal.

She has also represented clients across a number of the fields, including mechanical engineering, chemicals, pharmaceuticals, biotech, computer science, and the automobile industry. Ms. Cunningham's clients include high-tech and Fortune 500 companies.

Given her experience representing plaintiffs and defendants, she understands the importance of applying the law evenhandedly.

Her technical expertise, her deep knowledge of patent law, and 20 years of experience as an intellectual property litigator earned her a unanimous--unanimous--rating of ``well qualified'' from the American Bar Association.

She received broad bipartisan support in my committee, with five Republicans joining all Democrats in voting to advance her.

As a judge in the Federal Circuit, Ms. Cunningham will offer a perspective shaped by personal and professional experience that reflect the diversity of our Nation.

Given her years of experience working on issues germane to the Federal Circuit, she will be ready upon confirmation to hit the ground running.

Mr. President, at the end of her hearing, I said to her say: ``Why did you want to do this? Why would you go into public life? It seems like things are going pretty well for you as a lawyer.''

She said: ``It has always been my dream to serve on this bench.''

Well, I hope her dream comes true and the Senate helps her reach it. I urge my colleagues to join me in voting in favor of Ms.

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