Small Business Lending Act of 2010

Floor Speech

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Mr. REED. Mr. President, I join my colleague from Rhode Island who, with eloquence and passion, has clearly highlighted a disturbing phenomenon taking place in this Chamber. Well-qualified individuals who have received the support of the Judiciary Committee--in many cases, unanimous support--are being denied a final confirmation vote by the full Chamber. This is a break from our history. At the end of the first Congress, during President Reagan's first term, 88 Circuit and District Court nominees were confirmed. At the end of the first Congress during President George H.W. Bush's term, 72 Circuit and District Court nominees were confirmed. At the end of the first Congress under President Clinton, 126 Circuit and District Court nominees were confirmed. At the end of the first Congress during President George W. Bush's first term, 100 Circuit and District Court nominees were confirmed. As of now, if nothing else is done, President Obama, at the end of this Congress, will have only 36 Circuit and District Court nominees confirmed by the Senate, in contrast to 88 for President Reagan, 72 for President George H.W. Bush, 126 for President Clinton, and 100 for George W. Bush.

Something is going on here. What is going on is a deliberate attempt by the minority to frustrate the traditions and precedents of the Senate where, as Senator Whitehouse suggested, there is a long-held view that Senators have more insight into the skills, ability, and integrity of nominees from the Senators' home State than national special interest groups, whose major goal seems to be the generation of controversy for the purposes of contributions.

We in Rhode Island have an extraordinarily competent and capable individual. As Senator Whitehouse indicated, Jack McConnell is an accomplished attorney. He is a plaintiff's lawyer. He takes cases of individual Americans, who have been harmed, and he fights the good fight for them.

He has been very successful doing it. He has received the bipartisan support of members of the bar, judges of both political parties, and the Providence Journal, our major Statewide newspaper, which has a reputation of being very sensitive to the legitimate concerns and needs of our business community. He is supported because he is an outstanding attorney and because he is an outstanding individual. He is someone who knows the law and knows the court. I am always kind of interested when someone who has spent a long time as a corporate counsel for a big corporation is suddenly--and in most cases--very quickly confirmed as a District Court Judge, even though that individual may or may not have had a lot of experience in a trial court. Here, we have an individual who actually has spent his life in trial court, both Federal and State courts.

Jack McConnell is a fair and good man, and he understands that a judge must hear the facts, apply the law, and indicate clearly to all plaintiffs and defendants who come before the court that there is no bias and that the case will be decided fairly on the merits within the bounds of the law. That is something all of my colleagues in Rhode Island, Republicans and Democrats alike, recognize that Jack McConnell will do.

There is something else about this individual. He is an extraordinarily decent person. That counts for something too. There is no one in our State who is more generous, not only with his money, but with his time. There is no one in our State who is more committed to helping people, not to gain notoriety, but because it is the right thing to do. Those qualities are important. Ultimately, I believe one of the major criteria that should be met by a Judge is that when someone goes before the court, whether it is a big corporation or a person who has been harmed, they know they will be treated fairly. Frankly, Jack McConnell passed that test with flying colors. As Senator Whitehouse pointed out, he passed the Judiciary Committee on a bipartisan vote. I thank Senator Lindsey Graham, who has used his experience as a lawyer fighting for individuals as well as corporations. He was able to recognize these talents, these skills, and these qualities in Jack McConnell and support him. I appreciate that. But we are here now in a situation where not only Jack McConnell, but 21 other nominees are pending. We have to do more. We have to get them to a vote here in the Senate, and I will insist upon that vote as best I can.

Again, the numbers don't lie. They suggest there is something going on here, something that was not at work during the Reagan administration, the George H.W. Bush administration, the Clinton administration, and the George W. Bush administration, regardless of which party was in the majority or the minority. Particularly, when it came to District Court Judges, if they had cleared the Judiciary Committee, if they had the support of the two Senators from the home State, there would be at least an opportunity, an obligation, to bring their nomination to a vote and let the Senate, as a whole, decide.

I urge that we return to what has been a dependable practice, one the Senate has embraced for good reasons, that we let these gentlemen and ladies come to the floor for a vote, and that we vote.

That is all we ask. I think if that is agreed to, it will provide for not only the disposition of these nominations, but it will continue a tradition of thoughtful, appropriate practice by this Senate.

With that, I yield the floor.

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