Drug Quality and Security Act-- Motion to Proceed-- Continued

Floor Speech

Date: Nov. 7, 2013
Location: Washington, DC
Issues: Judicial Branch

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Ms. HIRONO. Madam President, I thank my colleague from Minnesota. I rise to speak in support of the nomination of Cornelia ``Nina'' Pillard to be a circuit judge for the U.S. Court of Appeals for the District of Columbia Circuit.

Less than 2 weeks ago, my colleagues on the other side of the table blocked another nominee to the DC Circuit--Patty Millett. Earlier this year, they also blocked Caitlin Halligan--yet another woman who had been nominated to the DC Circuit. Unfortunately, Ms. Halligan withdrew her nomination after 2 years of obstruction.

Only five women have served as judges on the DC Circuit in its entire 120-year history. The DC Circuit is one of the most important circuits in our Nation, and it is shameful that female perspectives are so underrepresented.

Now the Senate will consider the nomination of Nina Pillard, a truly outstanding nominee to the Federal bench. Ms. Pillard is currently a law professor at Georgetown University Law Center and is one of the leading appellate attorneys in this country. Professor Pillard has extensive litigation experience at all levels. She has argued nine cases before the Supreme Court and has briefed dozens more, including the historic United States v. Virginia case that opened the Virginia Military Institute to women and the Nevada Department of Human Resources v. Hibbs case that sustained the Family and Medical Leave Act against constitutional challenge and ensured a primary caregiver could take leave in the case of a family illness regardless of gender and in this case the family caregiver was a male.

Professor Pillard has also had an impressive 15-year tenure teaching constitutional law at Georgetown. The fact that is my alma mater has nothing to do with my support of her.

In addition, she serves as codirector of the Georgetown Supreme Court Institute, where she prepares lawyers for oral argument before the U.S. Supreme Court on a pro bono basis, without regard to which side of the case they represent. In fact, under her leadership, the Supreme Court Institute prepared lawyers on one or both sides of every case heard by the Justices in the 2012 term.

Professor Pillard has also twice served as a top attorney at the U.S. Department of Justice, and in those roles she advised and defended U.S. Government agencies and officials on criminal law enforcement and national security matters--invaluable experience for a judge on the DC Circuit, where such issues are routinely considered.

I have been deeply impressed with her experience and record and have found her to be exceptionally qualified for this important position in the DC Circuit.

In addition to her extensive qualifications, Professor Pillard also has demonstrated a commitment to fair and impartial process throughout her career. As mentioned by my colleague, for example, when Professor Pillard chaired the ABA Reading Committee that reviewed Samuel Alito during his nomination process, her assessment of his legal record led the ABA to apply their highest rating of ``well-qualified.'' She deserves to be held to the same rigorous, fair standard.

However, following Patty Millett and Caitlin Halligan, Nina Pillard is the third woman in a row to be nominated to the DC Circuit only to face obstruction from my colleagues on the other side of the aisle.

The DC Circuit is one of the most important courts in our Nation, weighing key constitutional issues and other matters of Federal law and regulation. Three of the eleven seats on this court stand vacant. Given the complexity and far-ranging impact of the cases the court hears, it is critical we fill vacancies without delay.

Along with Patty Millett and Nina Pillard, President Obama has nominated Judge Robert Wilkins to fill these important vacancies. Unfortunately, so far, we have seen nothing but more obstruction of these extremely well-qualified nominees. This is an opportunity to put exceptionally talented lawyers on a significant court that has vacancies needing to be filled.

I am disappointed our colleagues recently blocked a vote to confirm Patty Millett, not only a great lawyer but a military spouse who managed a successful career and the care of her children while her husband was deployed overseas. When we talk about supporting our troops, it means supporting their very well-qualified spouses, such as Patty Millett.

I was dismayed and saddened when obstruction caused Caitlin Halligan to give up on her nomination after 2 years.

It would be disgraceful to continue this obstruction of these qualified and impressive women. I urge Senators to reconsider and support these nominations.

I yield the floor.

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