Prepared Statement of Senator Chuck Grassley of Iowa

Ranking Member, Senate Committee on the Judiciary

Hearing Regarding the Nomination of:

David Jeremiah Barron, to be United States Circuit Judge for the First Circuit

Wednesday, November 20, 2013

Mr. Chairman,

Today, we are holding the 17^th judicial nominations hearing of the year, during which we will have considered a total of 58 judicial nominees.  I would note this is the fourth nominations hearing in four weeks.   So anyone who says Republicans are engaging in "unprecedented" obstruction is ignoring the cooperation I have shown as Ranking Member of this committee.

Compare the record on hearings for President Obama this year with how President Bush was treated during the fifth year of his Presidency.

In 2005, the final judicial nomination hearing was held on November 15^th.  That wasn't the 17^th hearing of the year, but only the sixth hearing on lower court judges.  During those six hearings we heard from not 58 judicial nominees, but only 15 district and circuit nominees.

How are we doing this year compared to last year?  2012 was a very productive year for judicial nominations.  In fact, in the 112^th Congress, President Obama had more district judges confirmed than were confirmed in any of the previous 8 Congresses.  Our work in Committee last year contributed to that accomplishment when we held 10 hearings for 41 judicial nominees.

In addition, let me remind everyone that we have now confirmed 38 lower court Article 3 judicial nominees this year.  That is more than two and a half times the number confirmed at a similar stage in President Bush's second term, when only 14 district and circuit nominees had been confirmed.

In total, the Senate has confirmed 209 lower court Article 3 judges.  This includes a significant number of women and minority nominees.  We could have confirmed more judges over the last couple of weeks.  But the Senate majority decided to take precious Senate floor time for a diversionary political exercise, rather than confirming additional judges.

Now, as I explained earlier this week, the other side has been working diligently to manufacture a crisis on the D.C. Circuit.  And in order to support their claim that Republicans are "obstructing" nominees, it appears the other side is doing a sleight-of-hand on the data as well.

Recently, one of my colleagues stated that Senate Republicans have filibustered 34 of President Obama's nominees.  Anyone who pays attention to these things knows that Republicans have "filibustered" only a handful of nominees.  So what is going on here?  How does the other side get to 34?

To begin with, fully one-half of these cloture petitions were filed by the Majority on one day, as a procedural gimmick and were totally unnecessary.  None of those 17 cloture petitions required a vote - every cloture petition was withdrawn.  And, every single one of those nominees was confirmed.    So that was just another manufactured crisis.

That leaves 17.  But Republicans haven't filibustered anywhere close to 17 nominees.  So again, what is the real story here?

Of the remaining 17 cloture petitions, six of those were also withdrawn.  That leaves only 11 nominees who have actually faced a cloture vote.  One of those nominees had 2 cloture votes, for a total of 12 cloture votes.

Yet, six of those 11 nominees were confirmed.  That leaves only 5 nominees who have failed to achieve cloture.

So to sum up, the Majority claimed earlier this week, with great fanfare, that Republicans had "filibustered" 34 nominees, when we've actually stopped 5 nominees.  And of those 5, three are still pending in the Senate, leaving only 2 nominees actually defeated by filibuster.

I suppose that's what one is required to do in order to try to overstate the record established during this administration with the record the Democrats established during the Bush years.

During the Bush administration, Senate Democrats truly were unprecedented in their use of cloture against judicial nominees.   In fact, they forced 30 cloture votes on judicial nominees, including a Supreme Court nominee.

So that is the factual record - 30 cloture votes during the Bush Administration, 12 cloture votes during President Obama's term.

Of those 30 cloture votes faced by President Bush's nominees, Senate Democrats obstructed nominees 20 times.

Let me emphasize this point - during the Bush administration, 20 cloture motions failed.  Senate Democrats continued to obstruct judicial nominees twenty times.

So I think it is clear which party holds the record on delaying or obstructing the confirmation of judges.  The number of cloture votes demanded by Senate Democrats on President Bush's nominees is 2 and a half times the number of cloture votes on President Obama's nominees.  The number of times Senate Democrats refused to end debate is nearly 3 times what Republicans have done.  Democrats clearly hold the record on delaying and obstructing judges.

I think we have treated President Obama in a fair manner, and he enjoys an outstanding record for his judicial nominees.

One final point on this baseless charge that Republican obstruction has left the federal judiciary with high vacancies.  The fact is, President Obama's initial delay in nominations was the primary factor in the lower number of confirmations during his first term, resulting in the high number of vacancies.

Even now, 42 of 93 vacancies have no nominee.  That is 45 percent of vacancies with no pending nomination before the Senate.  While this percentage recently has been reduced, it was the case for most of the Obama presidency that the majority of vacancies had no nominee.  Of the 38 "Judicial Emergencies", 18 have no nominee.  That is 47 percent.

The Senate can't be held responsible for these vacancies, where almost half the seats have no nominee.

Having set the record straight let me now address today's nomination.  I welcome the nominee, his family and guests.  This nomination has been pending before the Senate just 55 calendar days.    I would note that President Bush's Circuit nominees waited, on average, 246 days for a hearing, more than four times the wait for this nominee.

Mr. Barron has an extensive record as an academic.  He has written on a wide range of subjects.  I think it would be fair to say that I probably don't agree with much of what he has written.  But that isn't necessarily the standard for my review of his qualifications to sit on the federal bench.

Famous Speech Read at Midnight from an Original Copy at the Abraham Lincoln Presidential Museum

SPRINGFIELD - Governor Pat Quinn tonight joined the nation's first reading of the Gettysburg Address on the 150th anniversary of the famous Abraham Lincoln speech. At a special display of an original copy of the document in Lincoln's own handwriting, Governor Quinn and visitors at the Abraham Lincoln Presidential Museum in Springfield listened as a Lincoln re-enactor read the Gettysburg Address at midnight to kick off the commemoration of the November 19, 1863 oratory that is one of the world's best-known and most-often-quoted speeches. Tonight's commemoration is part of Governor Quinn's commitment to promoting Illinois' Lincoln heritage.

"Every American should know and appreciate this speech that summed up where our nation has been and how we should move forward with a 'new birth of freedom,'" Governor Quinn said. "I am proud that Illinois has one of the few handwritten copies of the Gettysburg Address, and that we are able to use it for the country's first commemorative event on its 150th anniversary."

The Abraham Lincoln Presidential Library and Museum (ALPLM) presented its original copy of the address accompanied by an honor guard at the center of the museum, along with a special exhibit of Gettysburg artifacts and dramatic readings from the acclaimed book Team of Rivals.

"There's something special about seeing the actual words that Lincoln wrote down 150 years ago. They connect us to this man who was using all his skills as a communicator, leader and politician to save the nation and eliminate slavery. We hope every Illinoisan and every American takes the time to reflect on this historic speech," Illinois Historic Preservation Agency Director Amy Martin said. The agency administers the ALPLM.

The anniversary events continue through the rest of November 19 with Lincoln re-enactor Fritz Klein delivering the address again at 1 p.m., approximately the same time Lincoln delivered the speech in 1863. Historian James Cornelius will also host two screenings of a short film about the address and then take questions from the audience.

Historians will gather on November 20 for a roundtable to discuss the speech's significance, followed by a dramatic presentation about other important speeches that have built on the legacy of the Gettysburg Address. Workshops explaining the impact of the Gettysburg Address on people from different walks of life will be offered and a live webcast about the address will be available to schools nationwide.

The ALPLM's Papers of Abraham Lincoln project has produced a booklet exploring the issues Lincoln wrestled with between the Battle of Gettysburg and his speech. On Lincoln's Mind reproduces documents to and from Lincoln, with commentary on their significance. The booklet will be given away throughout November 24.

The ALPLM's copy of the Gettysburg Address is known as the Edward Everett copy. Everett was the main featured speaker at the November 19, 1863 Gettysburg Cemetery Dedication and spoke for two hours, as keynote speakers were expected to do at the time. Then President Lincoln delivered his two-minute, 272-word speech. The day after the Address, Everett wrote to the President: "Permit me...to express my great admiration of the thoughts expressed by you, with such eloquent simplicity and appropriateness, at the consecration of the cemetery. I should be glad, if I could flatter myself that I came as near to the central ideas of the occasion, in two hours, as you did in two minutes."

Lincoln's reply the same day was characteristic: "Your kind note of today is received. In our respective parts yesterday, you could not have been excused to make a short address, nor I a long one. I am pleased to know that in your judgment, the little I did say was not entirely a failure."

Everett requested a copy of Lincoln's speech to be included in a book along with Everett's remarks and auctioned in New York for the benefit of wounded soldiers. Upon his return to Washington, Lincoln wrote out his speech and sent the document known as the Everett copy to the Massachusetts governor. This is the Address now owned by the ALPLM. The original copy of Everett's oration was purchased at the same time as the Address and is held in the ALPLM's  collections.

The Abraham Lincoln Presidential Library and Museum is home to a collection of more than 52,000 items related to the 16th President, from a handwritten copy of the Gettysburg Address to family heirlooms to popular art. The collection is available to researchers, and select items are displayed in the museum's Treasures Gallery.

For more information about Gettysburg Address 150th anniversary events, visit GettysburgAddress150.com.

Orders Flags Flown at Half-Staff, Asks for Moment of Silence at 1:00 p.m., on 50th Anniversary of Assassination

CHICAGO - Governor Pat Quinn today encouraged people across Illinois to reflect on the legacy of President John F. Kennedy with a moment of silence at 1:00 p.m. CST, on Friday, Nov. 22, the 50th anniversary of Kennedy's assassination. The Governor also ordered flags at all state of Illinois facilities to be flown at half-staff on that day.

Governor Quinn released the following statement:

"In his inaugural address, President Kennedy said 'ask not what your country can do for you, but what you can do for your country.'

"In a short time, he steered humanity from the brink of nuclear war in the Cuban Missile Crisis, planted the seeds for an American flag on the moon, and ushered in a new era of service by creating the Peace Corps.

"All Americans alive on that day remember where they were on November 22, 1963, 50 years ago this week.

"Like every American family, mine spent that weekend in front of our TV, in shock and grief. President Kennedy was a trailblazer. We admired his strength in addressing civil rights injustices and his warm-hearted humor.

"President Kennedy had a faith in our country and in the power of the human spirit that invigorated a nation and inspired a new generation of Americans to believe that they, too, can have the moral courage to stand up for what's right.

"I invite everyone in Illinois to join me in a moment of silence at 1:00 p.m., to reflect on the hopeful vision and accomplishments of President John F. Kennedy. May his inspiring life and its tragic end keep us hopeful for the future and shun violence in any form."

John Fitzgerald Kennedy served as the 35th President of the United States. He was shot on Nov. 22, 1963 in Dallas, Texas, and pronounced dead at 1:00 p.m.

(DES MOINES) - Gov. Terry E. Branstad and Lt. Gov. Kim Reynolds today vowed to join agricultural groups, family farmers and all Iowans in fighting for renewable fuels in light of the misguided and dumbfounding decision by the Environmental Protection Agency (EPA) to lower the volumes of renewable fuels utilized on America's streets and highways.

"Why the Obama administration would side with the big oil companies over Iowa's homegrown renewable fuels is baffling," said Branstad. "The EPA has turned its back on rural America, and our economy and family farms will suffer as a result. Corn prices have already dropped to the cost of production, and this will likely further squeeze corn producers and negatively impact income growth in rural America. We have more than 50 ethanol and biodiesel plants in Iowa, and these EPA reductions would negatively impact thousands of Iowa jobs. This debate isn't over. I will lock arms with our agricultural groups, our family farmers, leaders from both parties, and Iowans in fighting for Iowa's homegrown, reliable, and safe renewable fuels. I encourage Iowans to officially comment to the EPA."

"The Renewable Fuels Standard led to more consumer choice at the pump, widespread use of biofuels, less reliance on foreign oil, increased family incomes in rural America, and a commitment to reducing harmful emissions," said Reynolds. "Today's announcement undercuts the progress that has been made. This is the latest example of just how out of touch Washington, D.C. has become that big oil is rewarded for bad behavior."