Executive Session

Floor Speech

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Mr. DURBIN. Mr. President, I hope the American people are witnessing this moment in the Senate. We are about to make history. We are going to make history here in a few minutes when we have a rollcall vote on U.S. Magistrate Judge Robert Bacharach to the Tenth Circuit Court of Appeals. This fine man who has been nominated to this high position in the Federal judiciary has the support of both Senators of his home State. They are both Republicans.

Listen to what Senator Tom Coburn said of Mr. Bacharach: A stellar candidate. Listen to what Senator Inhofe said about this same nominee from his State: A great guy.

I listened to these comments. Then I reflect on the fact this man was reported out of the Senate Judiciary Committee on a voice vote. There was so little controversy because of his outstanding record, he was reported out on a voice vote.

The Democratic majority leader has offered to bring to the floor of the Senate a nominee approved by both Republican Senators from Oklahoma, and now you hear Senator McConnell come to the floor and explain why the Republicans will have to filibuster and stop this man from being appointed to the court. Is it something about him? No. It is all about politics and it is all about the Presidential campaign.

If the Republicans sustain this filibuster and stop this good man from his service on the circuit court, it will be the first time in the history of the Senate that an appeals court nominee with bipartisan committee support has ever been filibustered on the floor of the Senate. But how can we be surprised? This will be the 86th Republican filibuster this Congress.

It is said that if the only tool you own is a hammer, every problem looks like a nail. If you happen to be a Republican leader in the Senate, every day looks like another chance for a filibuster. Eighty-six filibusters. Now they are filibustering judicial nominees approved nearly unanimously by the committee and approved by both Republican Senators. The President is prepared to assign this man into this position--a critically important position in the judiciary--and who is stopping him? The Republicans in the Senate, the 86th Republican Senate filibuster in this Congress. No surprise that it comes from Senator McConnell, who very openly and candidly, and I assume honestly, said, My biggest job in the Senate is to make sure Barack Obama is a one-term President. That is how he welcomed President Obama to the White House.

So they have piled filibuster on top of filibuster to stop the rare possibility that this President would give this good man, this exceptional man, a chance to serve his country. Listen to the background of this man who is about to become a victim of the 86th Republican filibuster:

For 13 years he has served as a federal magistrate. He has handled an impressive caseload, including almost 3,000 civil and criminal matters, and 400 judicial settlement conferences. He is the type of consensus nominee we look for in every single State. He has been given the highest possible rating by the American Bar Association. No questions asked, this is a good man and a good candidate for this job. In the American Bar Association's nonpartisan peer review, every single reviewer said this magistrate is well qualified to serve as a circuit court judge in the Tenth Circuit Court of Appeals. And where are the politics there? The politics are that the Democratic majority leader has offered to the two Republican Senators from Oklahoma a chance for this good man to serve, and now they are going to stop him with a Republican filibuster.

If you are looking for evidence of a dysfunctional

Senate, hold on tight. In just a few moments we will start a rollcall, and you will watch as Republican after Republican comes and votes to kill this man's nomination for the Tenth Circuit Court of Appeals. President Obama will be the first President in 20 years to complete his first term with more judicial vacancies than when he took office. They have dragged their feet every step of the way with filibusters and delays to stop this President from appointing the judges he was elected to appoint. And good people--good people such as U.S. Magistrate Judge Robert Bacharach--who submit their names in this process, who go through extensive background investigations, who put their lives on hold wondering if they are going to make it, end up getting caught in a political game that is being played here on the floor.

I hope there is a handful--five, six, or seven--Republican Senators who will give this man a fair break and will give him a chance to serve his country as a circuit judge for the Tenth Circuit Court of Appeals. Please, let us not make history today by stopping a highly qualified bipartisan nominee, well qualified by the American Bar Association, from serving this circuit. The Republican Senators from Oklahoma are right--he is a stellar candidate and, by every measure, a great guy. Please don't make him a victim of last-minute political campaigning in this last week before the recess we take for our Democratic national convention and the Republican national convention. He shouldn't be a victim of this Presidential campaign. He deserves a chance to serve.

Mr. President, I yield the floor.

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