Executive Session

BREAK IN TRANSCRIPT

Mr. WYDEN. Mr. President, Senator Merkley has said it very well this morning. I had a chance to speak about Michael Simon yesterday, and I want to make a few additional remarks this morning.

After the retirement of Senator Hatfield, whom we all know is still beloved by many here in the Senate, I have had a chance to work with our former colleague Senator Gordon Smith and now with Senator Merkley to send to both Republican and Democratic Presidents some outstanding men and women for their consideration for the District Court in Oregon. Today, Senator Merkley and I send to the Senate for its consideration another outstanding individual--someone who is going to take his place with the other leaders who have been named to the district court of Oregon.

Michael Simon is one of those persons who, when you look at what kind of jurist you want to have, meets all the essential tests. He is a thoughtful man, he is a fair man, and he is an individual who always wants to have all the facts in front of him before he makes a reasoned judgment. When I look at his background--and Senator Merkley has laid out several of the areas that were special and that we are especially proud of, his work in the private sector at Perkins Coie--I come particularly to his work in consumer protection and the antitrust field, because it highlights the kind of person Michael Simon is.

He made one of his most notable contributions to strengthening consumer protection law working on behalf of the Department of Justice on the case of the United States v. American Airlines, and he successfully argued then for extending the reach of the Sherman Act to include monopolization and attempted monopolization.

This is not a partisan issue. This is the kind of issue that helps all Americans--all Americans, regardless of their political philosophy or party they belong--to benefit from the fruits of a more competitive American marketplace.

Michael Simon's work in that area benefits each and every one of us every single day.

Second, as I talked about yesterday, and Senator Merkley has described eloquently this morning, we are very proud of Michael Simon's championing work as a volunteer. I can tell you, that it seems as though virtually every good cause that comes across my desk at home seems to have Michael Simon's name on it urging that Oregonians participate and volunteer their time.

We are especially proud of his work on behalf of children. His work with the Classroom Law Project, his work at the Waverly Children's Home, where he was past head of the board of directors, these kinds of positions are ones where you make a difference. These kinds of positions give Mr. Simon a chance to teach not just right and wrong to young people but a chance to give them the kind of background about the rule of law and the rights and responsibilities we want to instill in our children. That is why we are very proud to bring to the attention of the Senate his work with Oregon's youngsters.

Finally, I want to stress the immediacy of the need for the Senate to confirm Michael Simon today. This seat has been vacant for 664 days. It is just 1 of 36 judicial emergencies. As it stands, there are nearly 90 Federal court vacancies, some of which have been empty for more than 3 years. Judicial emergencies are not just some sort of Washington phrase to throw around on the floor of the Senate. They are actually an emergency defined by the Chief Justice of the United States, John Roberts. And to earn this designation, filings must exceed 600 per judge in district courts and 700 per judge in circuit courts.

Justice delayed is justice denied. Until the Senate begins to move expeditiously to fill these vacancies, justice will continue to be denied to thousands of Americans who deserve due process.

Both Senator Merkley and I are very grateful to Senator Leahy and Senator Grassley, the majority leader Senator Reid, and the minority leader Mr. McConnell for their work to bring this nomination to the floor.

I hope colleagues who have questions about Michael Simon will come to Senator Merkley and myself. We will stay on the floor and be available to colleagues to answer any questions.

But this is a good and decent man who possesses all of the requisite qualities we would like in a jurist, whether it is his work in the private sector, whether it is his pioneering work in the field of extending the reach of the Sherman Act to deal with monopolies. This is a person who will reflect great credit on the District Court of Oregon and on the legal system of our country.

I hope all our colleagues will support Michael Simon today.

Mr. President, I yield the floor.

BREAK IN TRANSCRIPT

Mr. WYDEN. Mr. President, let me first say I thought the statement from the distinguished Senator from Georgia was spot on, and I particularly appreciated his point that when we confirm Leon Panetta to head Defense, no one can possibly predict what kind of challenges he will face there. But this is the kind of person who, because of ability and background, is up to any kind of challenges that are thrown to him. So I want to associate myself with my colleague from Georgia.

Mr. President, I would suggest the absence of a quorum.

BREAK IN TRANSCRIPT

Source