Executive Session

Floor Speech

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Mr. GRASSLEY. Mr. President, today the Senate will confirm Judge Evan Jonathan Wallach to be a U.S. circuit judge for the Federal Circuit. With this vote, we will have confirmed 54 article III judicial nominees during this Congress, and 18 in just over a month. In only eight sessions of Congress in the past 30 years has the Senate confirmed more judicial nominees.

Our progress extends beyond the Senate floor and into the Judiciary Committee, where 88 percent of President Obama's judicial nominees have had their hearing. That is compared to only 76 percent of President Bush's nominees at a comparable point in his Presidency, in the 108th Congress. To date, 72 percent of the judicial nominations made by President Obama have been confirmed. Overall, we have made real progress on 85 percent of the judicial nominees submitted this Congress.

Furthermore, these nominees have been processed in a very fair manner. Circuit nominees have had a hearing within 66 days after nomination, on average. President Bush's nominees were forced to wait 247 days. The same can be said of President Obama's district court nominees, who had their hearings, on average, in just 79 days. President Bush's district court nominees waited 120 days, on average, for a hearing.

President Obama's circuit and district nominees have been reported faster than those of President Bush--in fact, almost 35 percent faster. I would hope that my colleagues on the other side of the aisle would acknowledge this cooperation, and they sometimes do. But it is important to remind everyone that our duty as U.S. Senators is not to rubberstamp the President's nominees. We must carefully examine the records and qualifications of each nominee before us to determine if they are fit to serve the public for lifetime positions. I don't believe my constituents would expect any less.

The fact that we are here, confirming the 54th article III judicial nominee, shows we have been performing our due diligence. However, we will continue to hold quality confirmed over quantity confirmed.

I would like to say a few words about Judge Wallach.

Judge Wallach presently serves as a judge of the U.S. Court of International Trade. He was appointed to that court by President Clinton in 1995, following confirmation by the Senate.

I would note that the Federal Circuit, the court to which Judge Wallach is nominated, is the appellate court for the Court of International Trade. In addition to international trade, the court hears cases on patents, trademarks, government contracts, certain money claims against the U.S. Government, veterans' benefits, and public safety officers' benefits claims. Of particular interest to me, this court has exclusive jurisdiction over cases related to Federal personnel matters. That includes exclusive jurisdiction over appeals from the Merit Systems Protection Board, MSPB, which hears whistleblower cases under the Whistleblower Protection Act.

Evan Wallach received a bachelor of arts from the University of Arizona in 1973, his juris doctorate from University of California Boalt Hall School of Law in 1976, and his bachelor of laws from the University of Cambridge in 1981.

Judge Wallach began his legal career as an associate attorney with Lionel Sawyer & Collins where he eventually made partner. Over time, the emphasis of his practice became media law. He also defended libel actions and represented newspapers on day to day issues, including employee grievances, collection actions, and copyright protection.

While he remained with Lionel Sawyer & Collins, he took several leaves of absences. From 1987 to 1988, Judge Wallach worked as a general counsel and public policy adviser to Senator Harry Reid. He also served as a judge advocate for the Nevada Army National Guard from 1989 to 1995. In 1991, Judge Wallach was called up to active duty to serve as an attorney in the Office of the Judge Advocate General of the Army-International Affairs Division during the first gulf war.

The American Bar Association Standing Committee on the Federal Judiciary has rated Judge Wallach with a unanimous ``Well Qualified'' rating.

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