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Floor Speech

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Mr. DURBIN. Mr. President, I rise today to speak on three highly qualified judicial nominees: Judge Lucy Koh, nominated to the Ninth Circuit; Jennifer Sung, also nominated to the Ninth Circuit; and Samantha Elliott, nominated to the District of New Hampshire.

These nominees will bring much-needed professional and demographic diversity to the bench. They have the qualifications and character needed to serve effectively in the Judiciary. And all three have records that demonstrate an evenhanded and unbiased approach to the law.

Judge Lucy Koh has served as a district court judge for the Northern District of California for more than a decade. When President Obama nominated her to that role in 2010, she was confirmed in the Senate with broad, bipartisan support, a 90-0 margin. That unanimous support reflected Judge Koh's abilities and experience and also a deep sense of trust that that she would be ready to take on the demands of the Federal district court from day 1.

Well, Judge Koh has certainly risen to the occasion. As a district court judge, she has issued thousands of written opinions. And she has presided over 271 trials. Notably, Judge Koh has grappled with many complex--and often novel--questions of law, particularly those related to technology. These are the kinds of questions that regularly make their way to the circuit courts. So we know that Judge Koh is already wellversed in the types of cases she will encounter on the Ninth Circuit.

What is more, during her time on the bench, Judge Koh has exemplified the hallmarks of what makes an outstanding judge, She engages in thoughtful, well-reasoned analysis; follows precedent, irrespective of whether she agrees with it; and always--always--applies the law to the facts in an evenhanded, impartial way.

Judge Koh was rated unanimously ``well qualified'' by the American Bar Association to serve on the circuit court. And upon confirmation, she will be the first Korean-American woman to ever serve on a circuit court.

Judge Koh received a bipartisan vote in the Judiciary Committee, and I hope she receives bipartisan support here on the floor.

The Senate will also be voting on Jennifer Sung's nomination to the Ninth Circuit. Ms. Sung is a distinguished jurist who will bring a vital, and underrepresented, perspective to the Federal bench.

After graduating from Yale Law School and clerking on the Ninth Circuit, Ms. Sung spent over a decade representing American workers in labor disputes. These workers were often minorities from low-income backgrounds. In 2017, Ms. Sung's expertise in labor law attracted the attention of Oregon Governor Kate Brown, who appointed her to serve on the Oregon Employment Relations Board.

The ERB, as it is called, is a quasi-judicial agency charged with resolving labor disputes. As a member of the three-person panel, Ms. Sung reviews evidentiary records, independently evaluates the law, and works in a collaborative manner to reach a consensus on opinions. In other words, she has already handled many of the responsibilities that come with being a Circuit Court Judge. So Ms. Sung will be right at home on the Ninth Circuit.

In addition to the professional diversity Ms. Sung will bring to the bench as an expert in labor law, she will also bring important demographic diversity. If confirmed, she would make history as the first Asian-American woman to hold an Oregon seat on the Ninth Circuit.

Ms. Sung has presided over hundreds of legal matters--only three of which have been overturned. She has demonstrated a commitment to impartiality, a thoughtful approach to decision-making, and a keen ability to separate her personal views from the law and the facts at hand. That is also reflected by the fact that the American Bar Association rated Ms. Sung as ``well qualified.''

Finally, the Senate will soon take up Samantha Elliott's nomination to the District of New Hampshire. Ms. Elliott has spent her entire legal career in New Hampshire. With her deep knowledge of the State's legal system and her evenhanded approach to the law, she will make an outstanding Federal judge.

Ms. Elliott is an accomplished litigator who has spent much of her career representing New Hampshire municipalities and their employees. She has also dedicated herself to increasing access to justice. As a co founder of 603 Legal Aid, Ms. Elliott has worked tirelessly to provide legal services to members of low-income communities. And she has dedicated countless hours to her pro bono legal work.

With her considerable experience in both State and Federal courts, it is little surprise that Ms. Elliott was unanimously rated as ``well qualified'' by the American Bar Association. She also received a bipartisan vote of 15-7 in the Judiciary Committee.

I urge all of my colleagues to join me in supporting these three highly qualified nominees. With their breadth of credentials, experience, and commitment to the rule of law, each of them will make outstanding additions to the Federal bench.

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