Richard Durbin

Mr. DURBIN

Mr. DURBIN. Mr. President, I ask unanimous consent that I be allowed to complete my remarks before the recess.

Mr. DURBIN

Mr. DURBIN. Mr. President, I want to echo comments just made by the majority leader Senator Schumer, of my gratitude to the Democratic caucus for giving me an opportunity to continue to serve as the whip. The whip, I am often asked what it is all about, what is this job. And I say the skills that are necessary for this job I developed in the first grade, to be able to count up to 60, if needed, and to be able to count up to 41 in a position of resistance. That is an overstatement, of course, but not much. I thank my colleagues for giving me this opportunity over the last 2 years and looking forward to the next 2.

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Sparkle Leah Sooknanan to the U.S. District Court for the District of Columbia. Born in Trinidad and Tobago, Ms. Sooknanan earned her B.S. from Saint Francis College in 2002, her M.B.A. from Hofstra University in 2003, and a J.D., summa cum laude, from Brooklyn Law School in 2010. After graduating from law school, Ms. Sooknanan served as a law clerk to the Honorable Eric N. Vitaliano on the U.S. District Court for the Eastern District of New York between 2010 and 2011 and for the Honorable Guido Calabresi on the U.S. Court of Appeals for the Second Circuit from 2011 to 2012. Following her clerkships, she joined the U.S. Department of Justice through its honors program as an appellate attorney in the civil division. Ms. Sooknanan then served as a law clerk to Justice Sonia Sotomayor on the U.S. Supreme Court from 2013 to 2014. Following the completion of her Supreme Court clerkship, Ms. Sooknanan joined Jones Day in Washington, DC, as an associate between 2014 and 2019 and, later partner from 2020 to 2021. She spent more than 6 years at the firm representing clients in complex, multifaceted Federal district court and appellate litigation. In 2021, Ms. Sooknanan rejoined the Department of Justice as Deputy Associate Attorney General in the Associate Attorney General's Office. In the fall of 2023, she moved to the civil rights division to serve as the Principal Deputy Assistant Attorney General, the second highest leadership position in the division. The American Bar Association rated Ms. Sooknanan as ``well qualified,'' and her nomination is strongly supported by Congresswoman Eleanor Holmes Norton. Ms. Sooknanan's experience clerking at all levels of the Federal judiciary, as well as her work in private practice and public service, have prepared her to serve as a district judge on the U.S. District Court for the District of Columbia. I am proud to support her nomination.

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Catherine Henry to the U.S. District Court for the Eastern District of Pennsylvania. Ms. Henry received her B.A. from Drew University and her J.D. from the District of Columbia School of Law. After law school, she worked as a staff attorney at the Feminist Majority Foundation before serving as an assistant defender at the Defender Association of Philadelphia. From 1996 to 2001, she represented clients at every stage of the State criminal process as she handled cases in the major trial and felony waiver trial divisions. She also represented juvenile defendants in delinquency proceedings. Since 2001, Ms. Henry has worked in the Federal Community Defender Office for the Eastern District of Pennsylvania. As an assistant Federal defender in the trial division, she gained extensive jury trial and sentencing litigation experience on a wide variety of cases. In 2008, Henry was promoted to the position of senior litigator. She maintains a full caseload of Federal criminal matters and advises assistant Federal defenders in all aspects of litigation. Over the course of her career, Ms. Henry has tried hundreds of cases to verdict in State court and 35 Federal cases to verdict or final decision. In addition to her legal practice, Ms. Henry has taught as an adjunct professor at the University of Pennsylvania Carey Law School since 2009, and she previously taught students at Temple University Beasley School of Law. The American Bar Association unanimously rated Ms. Henry as ``well qualified'' to serve on the Eastern District of Pennsylvania. She is strongly supported by both of her home State Senators--Mr. Casey and Mr. Fetterman--as well as a broad range of individuals, including Federal public defenders, former Federal prosecutors, and former and retired district judges. Ms. Henry's litigation background and extensive experience in Federal court ensure that she will be a valuable addition to the Federal bench. I am proud to support her nomination, and I urge my colleagues to join me in my support.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Arizona (Ms. Sinema) is necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Arizona (Ms. Sinema) is necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Arizona (Ms. Sinema) is necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Pennsylvania State Court Judge Gail Weilheimer to the U.S. District Court for the Eastern District of Pennsylvania. Judge Weilheimer's impressive career as a litigator, combined with her experience as a State court judge, will make her an excellent addition to the Federal bench. After earning both her B.A. and J.D. from Hofstra University, Judge Weilheimer began her legal career in public service as an assistant district attorney at the Philadelphia District Attorney's Office, where she prosecuted a variety of crimes, from misdemeanors and juvenile cases to violent crimes. Judge Weilheimer then transitioned to private practice, first at Abrahams, Loewenstein and Bushman; then Frank & Rosen, LLP; and finally at Wisler Pearlstine, LLP. In private practice, she represented various clients, from hospitals and doctors to public school districts and individuals. In her nearly two decades as a litigator, Judge Weilheimer tried more than 400 cases to verdict prior to taking the bench. Since 2014, Judge Weilheimer has served as a judge on the Montgomery Court of Common Pleas, where she has presided over more than 500 trials that have gone to verdict and she has issued more than 200 written opinions. Judge Weilheimer has the strong support of her home State Senators, Mr. Casey and Mr. Fetterman. In addition, she was rated unanimously ``well qualified'' by the American Bar Association. I urge my colleagues to support Judge Weilheimer's nomination.

Mr. DURBIN

Mr. DURBIN. Madam President, as chairman of the Senate Judiciary Committee, the filling of judicial vacancies has been the focal point of my political attention now for 4 years. There are roughly 800 to 900 Federal judges at the district court level--the lower court level--and the circuit court level and then, of course, 9 on the Supreme Court. Filling those vacancies is part of our responsibility. People decide to retire, they pass away, for various reasons they leave the bench, and we need to make sure the courts still have people to do their professional job. I listened carefully to my colleague from Kentucky explain his concerns about the filling of four circuit court vacancies and the possibility--and I don't know with any certainty, but the possibility-- that two of those four judges have decided not to retire but to stay on the bench, and he raises a question about whether that is fair. Well, I would like to call the Senate's attention to the fact that there was a moment in time when we were shocked to learn that Supreme Court Justice Antonin Scalia had died while on a hunting trip. I believe it was in the month of January or February. I don't have notes on it here, but I believe it was January or February of that year, and it was the last year of President Obama's Presidency, in his second term. And so the President--President Obama--said he was going to set out to fill the vacancy created by the death of Antonin Scalia. And he was proposing his nominee, Merrick Garland, a judge at the time who is now our Attorney General. And the decision was made, almost instantly, by the Senator from Kentucky--the same Senator who just talked about delaying in filling vacancies--the decision was made by him not to fill the Supreme Court vacancy. This was in February of the last year of Obama's Presidency. And, in fact, it wasn't filled until the new President--in this case, Donald Trump--came in, in his first term. Senator McConnell instructed his Republican Senators not to meet with Merrick Garland, President Obama's nominee, to wait almost an entire calendar year to fill that vacancy; and he succeeded in that effort, so that Donald Trump was able to fill that vacancy and not the situation where President Obama would have that option. So when I hear the Senator from Kentucky come to the floor and talk about whether there is any gamesmanship going on, I don't know, but I will tell you we saw it at the highest possible level in filling the vacancy in the Supreme Court when Antonin Scalia passed away. I think what the American people are looking for is fair play. That is not unreasonable. And they are looking for qualified nominees. I am happy to report that well over 50 percent of the nominees that have gone through under the Biden administration for the Federal courts have been bipartisan--it is 86 percent, a dramatic majority that have been bipartisan. And every single Federal nominee from President Biden has been judged ``well qualified'' or better by the American Bar Association. That was not the case under the previous administration of President Trump, and it makes a difference whether a person has a quality background and the integrity to serve on the court. So I am proud of what we have achieved, and I hope we can close the year with the understanding that even more will be filling the vacancies on the bench.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Fetterman), the Senator from Maine (Mr. King), the Senator from Washington (Mrs. Murray), and the Senator from Arizona (Ms. Sinema) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Brian Edward Murphy to the U.S. District Court for the District of Massachusetts. Born in Columbia, MD, Mr. Murphy earned his B.A. from the College of the Holy Cross in 2002 and his J.D. from Columbia Law School in 2006. After graduating from law school, Mr. Murphy joined the Committee for Public Counsel Services as a public defender in the district court division in 2006. He later served the office as a public defender in the superior court division between 2007 and 2009. Following his time in public service, Mr. Murphy worked as an associate attorney at Todd and Weld LLP from 2009 to 2011. There, his practice centered exclusively on criminal defense work in State and Federal courts. In 2011, Mr. Murphy opened his own practice known today as Murphy & Rudolph LLP. His practice centers on criminal defense, civil, and probate work. He also provides representation to indigent defendants through Criminal Justice Act appointments. Throughout his career, Mr. Murphy has tried 41 cases to verdict as either sole or chief counsel. Additionally, he has briefed 14 cases in the appeals courts and presented oral argument in seven of those matters. The American Bar Association unanimously rated Mr. Murphy as ``well qualified,'' and he has the strong support of his home State Senators, Ms. Warren and Mr. Markey. The extensive litigation experience Mr. Murphy gained while serving as a public defender and as a criminal defense attorney in private practice has equipped him with the requisite skillset to join the Federal bench in Massachusetts. I am proud to support his nomination. Mr. MARKEY, Mr. President, I rise in support of the nomination of Brian Murphy to serve as a judge on the United States District Court for the District of Massachusetts. Brian Murphy started his legal career as a public defender in Worcester, MA. In that role, he stood on the frontline in the fight for justice. He devoted his practice of law to ensuring that those who could not afford a lawyer--people whose very lives and liberties were at stake--received the legal representation and defense that our Constitution guarantees. In that role, Mr. Murphy gained critical courtroom and trial experience and perspective on how our system of justice operates and impacts the lives of those involved in it. After serving as a public defender, Mr. Murphy continued to represent criminal defendants in private practice, eventually starting his own law firm, where he also gained valuable experience on the civil side of the docket. Mr. Murphy has also held leadership positions in the criminal defense and local bars. He has served as president of the Massachusetts chapter of the Federal Bar Association and served on the board of the Massachusetts Association of Criminal Defense Lawyers. And he has served as a supervisor for the Bar Advocates of Worcester County, a private nonprofit providing legal representation to indigent clients charged with crimes. Brian Murphy has an impressive academic background, as well. He is a graduate of Columbia Law School and Worcester's own College of the Holy Cross. In law school, he showed academic prowess and an early passion for justice, serving as editor-in-chief of the Columbia Human Rights Law Review. Having lived and worked in Massachusetts throughout his entire legal career, Brian Murphy understands our State and the importance we place on ensuring justice for all. It is therefore not surprising that Mr. Murphy has received strong support from the Massachusetts legal community. A group of former assistant U.S. attorneys in Massachusetts--his courtroom opponents-- wrote to the Senate Judiciary Committee that they ``unreservedly'' supported his nomination. They described him as thoughtful, intelligent, and compassionate and committed to justice, his clients, and the court system. I agree with his former colleagues who told the Judiciary Committee that Brian Murphy's educational background, life experience, and temperament qualify him to be an outstanding Federal district judge. Senator Warren--who has been an outstanding partner on Massachusetts judicial nominations--and I are proud to have recommended Brian Murphy's nomination to President Biden. Brian Murphy's confirmation will add to President Biden's legacy of placing on our courts only well-qualified jurists from diverse professional backgrounds, who are committed to justice for all. I urge my colleagues to vote yea on Brian Murphy's confirmation.

Mr. DURBIN

Mr. DURBIN. Madam President, today, the Senate will vote to confirm Judge Anne Hwang to the U.S. District Court for the Central District of California. Born in Los Angeles, CA, Judge Hwang attended Cornell University and the University of Southern California Law School before entering private practice at Irell & Manella LLP. While at the firm, she worked on business disputes and Federal white collar criminal cases. Judge Hwang then joined the Office of the Federal Public Defender for the Central District of California, where she eventually became the district's chief deputy Federal public defender. In addition to trial work, she also represented indigent clients in appellate, habeas, and postconviction matters during this time. In 2018, she was appointed to serve as a judge for the Superior Court of California, County of Los Angeles. In her time on the bench, she has presided over both criminal misdemeanor trials and personal injury cases. Judge Hwang has also issued hundreds of opinions in civil matters. Judge Hwang's deep knowledge of the Central District of California and significant experience in the courtroom ensure that she will be an asset on the Federal bench. She is strongly supported by her home State Senators and will serve honorably as a Federal district judge.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Fetterman), the Senator from Maine (Mr. King), the Senator from West Virginia (Mr. Manchin), and the Senator from Arizona (Ms. Sinema) are necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from Pennsylvania (Mr. Fetterman) is necessarily absent.

Mr. DURBIN

Mr. DURBIN. I announce that the Senator from West Virginia (Mr. Manchin) is necessarily absent.

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Sharad Desai to the U.S. District Court for the District of Arizona. Born in Phoenix, Mr. Desai received his B.A. and B.S. from the University of Arizona and his J.D. from New York University School of Law. After law school, he served as a law clerk to Justice Rebecca White Berch on the Arizona Supreme Court. From 2007 to 2015, Mr. Desai worked as an attorney with the Phoenix law firm Osborn Maledon, P.A., first as an associate and later as a partner. He spent nearly a decade litigating cases in State and Federal courts on a broad range of topics. Since 2015, Mr. Desai has worked in senior legal counsel roles at Honeywell International, Inc., a Fortune 150 technology and innovation company in Phoenix. He has been vice president and general counsel for the company's integrated supply chain and information technology divisions since 2023. Mr. Desai has deep ties to the Grand Canyon State, and he enjoys the strong support of both of his home State Senators, Ms. Sinema and Mr. Kelly. The American Bar Association rated Mr. Desai as ``qualified'' to serve on the District of Arizona. If confirmed, he will be Arizona's first South Asian Federal district judge. Mr. Desai's significant litigation background and experience in State and Federal courts ensure that he will be a valuable addition to the district court. I strongly support his nomination, and I urge my colleagues to join me.

Mr. DURBIN

Mr. DURBIN. I ask for the yeas and nays.

Mr. DURBIN. Mr. President, I ask unanimous consent that the mandatory quorum call with respect to the Ali nomination cloture motion be waived.

Mr. DURBIN

Mr. DURBIN. Madam President, I rise today to discuss an issue I have been working on for 23 years, the plight of America's Dreamers. I first introduced the DREAM Act more than two decades ago with Republican Senator Orrin Hatch, who was then the chairman of the Senate Judiciary Committee. This bipartisan bill would provide a pathway to citizenship for young immigrants who were brought to the United States as children and allow them to remain in this country, the only home many of them had ever known. Dreamers grew up alongside our kids, with the same hopes and dreams of getting their first job, their driver's license, even going to college. Many have gone on to serve our Nation as doctors, nurses, teachers, engineers, and first responders. Some have shown their loyalty to this country by serving in the Armed Forces. Yet without congressional action, Dreamers spend every day in fear of their lives being uprooted by the threat of deportation. Twelve years ago, in response to a bipartisan request from myself and Senator Richard Lugar, President Obama established the DACA Program. DACA has protected more than 830,000 young people from deportation, all of whom were brought to this country as children, some as young as a few months old. Now, I realize for many of us the outcome of this month's elections was not what we wanted, fought for, or voted for. However, my priority of providing a safe pathway to citizenship for Dreamers has not changed because of the election. No matter who sits in the Oval Office, I will work with the President in good faith to help provide these young adults a chance, finally, at the American dream. I would like to share the story of a talented Dreamer. He is willing to make the ultimate sacrifice for this country. He is the 146th story of Dreamers that I have highlighted on the Senate floor. His name is Chieh Wi Chen, brought to the United States from Taiwan when he was 11 years old, grew up in New York City, and believed in the importance of community and country. He eagerly registered for Junior ROTC in high school, enlisted in the Army in 2016, and earned his associate's degree in criminal justice from Queensborough Community College. He was on Active Duty for 4 years, stationed at Fort Jackson, which was then known as Fort Lee, before being deployed to countries including Saudi Arabia and South Korea. While he was deployed in South Korea, Chieh was able to take his oath of allegiance to the United States and become a citizen. Today, as an Army veteran, he is a proud owner of his own tea shop, creating jobs for others and supporting the local economy. DACA opened a path for Chieh that allowed him to pursue the American dream. DACA was always intended as a temporary stopgap until Congress finally got around to fixing this broken immigration system in America. In Chieh's case, DACA was the stepping stone he needed to finally serve our Nation and reach his full potential. Yet, since President Obama established the program, Republicans have waged a relentless campaign to overturn DACA and deport these Dreamers back to countries they never remember. Now this program is hanging by a thread in the courts due to legal challenges from Republican State attorneys general, and DACA recipients are forced to live with uncertainty every day. Last September, a Federal judge in Texas declared the DACA Program illegal. Though the decision left in place protections for current DACA recipients while it is on appeal, Dreamers live in constant fear that the next court decision will upend their lives. The litigation has also prevented at least 100,000 additional Dreamers from registering for the program. Madam President, our military is facing the most serious recruitment challenge in modern time. Only a quarter of Americans meet recruitment standards that would qualify them to serve in the military without receiving a waiver. We have seen time and again that DACA holders and Dreamers are ready and willing to serve America, to risk their lives for this country. But despite the success of veterans like Chieh, DACA holders can no longer enlist in the military, even though they went to school in the United States, pledged allegiance to our flag for decades, and know no other country. During his first term, then-President Trump tried to shut down the DACA Program, but his effort was blocked by the Supreme Court. On a personal note, the first time I ever met Donald Trump was just minutes after he had been sworn in as President of the United States for his first term. I had a chance at a luncheon to walk up and shake his hand and congratulate him and to ask a question. My question to him was: What are you going to do about the Dreamers? What about these kids who are here in the United States, brought here as children who want to be part of our future--what will you do about them, Mr. President? He said: Don't worry. We'll take care of those kids. Sadly, in the 4 years of the first term of President Trump, that didn't happen. The opposite did. Many efforts were made by his Department of Justice and other Agencies to stop the DACA Program and to stop any effort to create a Dreamers Program. That is a sad reality. I urge my colleagues to meet with these Dreamers personally. That is all I ask. Whether you support DACA or support the Dream Act, meet with them and hear their stories. Understand that decisions were made by their family which may have violated the law, but they were kids at the time those decisions were made. They have proven with their own personal lives and commitment that they truly want to be part of the future of America. Are we better served because this man decided to enlist in the military and protect our country? Of course. His return to Taiwan would be at the expense of the safety and security of the United States. Dreamers like Chieh have earned the right to put down roots, start their families, further their education, and continue to contribute to America. It is time for Congress to do something on a bipartisan basis and pass the Dream Act. It is not only the right thing to do; it is long overdue.

Mr. DURBIN

Mr. DURBIN. I ask for the yeas and nays.

Mr. DURBIN

Mr. DURBIN. I ask unanimous consent that the rollcall vote begin immediately.

Mr. DURBIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. DURBIN

Mr. DURBIN. Mr. President, today, the Senate will vote to confirm Washington Court of Appeals Judge Rebecca Pennell to the U.S. District Court for the Eastern District of Washington. Judge Pennell's significant career as a litigator for nearly two decades and her experience as a Washington State appellate court judge will make her an excellent addition to the Federal bench. After graduating from the University of Washington and Stanford Law School, Judge Pennell served as a law clerk to Judge Robert H. Whaley on the U.S. District Court for the Eastern District of Washington, the court to which she has been nominated. Following her clerkship, Judge Pennell worked as a Skadden fellow assigned as a fellowship attorney at TeamChild in Yakima, WA. She then continued her career in public service as an attorney at the Federal Defenders of Washington and Idaho for 16 years. As a public defender, she tried approximately 13 trials, handled more than 100 cases in the U.S. Court of Appeals for the Ninth Circuit, and helped to establish two reentry drug courts within the Eastern District. Since 2016, Judge Pennell has served as a judge on the Washington Court of Appeals, Division Three, where she has authored more than 568 opinions. Judge Pennell has the strong support of her home State Senators, Mrs. Murray and Ms. Cantwell. In addition, Judge Pennell was rated unanimously ``well qualified'' by the American Bar Association. I urge my colleagues to support Judge Pennell's nomination.

Mr. DURBIN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. DURBIN. Mr. President, I ask that we commence with the rollcall vote immediately under unanimous consent.