Executive Session

Floor Speech

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Mr. KAINE. Mr. President, I strongly support the nomination of Pattie Millett, of Alexandria, VA, to the United States Court of Appeals for the DC Circuit. Ms. Millett is extremely well qualified for this position, in terms of her legal expertise, experience, character, and integrity. The Senate should invoke cloture on and confirm her nomination.

As one of the Nation's leading appellate lawyers, Ms. Millett possesses remarkable legal expertise in this area. She has litigated appellate cases extensively, including 32 arguments and many briefs before the U.S. Supreme Court, and 35 arguments spanning 12 of the Federal Circuit Courts of Appeal (including the DC Circuit). Her cases have spanned the spectrum of legal issues that the DC Circuit confronts, including constitutional law, administrative law, civil and criminal procedure, commercial disputes, national security, and civil rights. Ms. Millett also has many years of experience in the public sector, having worked in the Office of the Solicitor General for over 11 years, and in the Appellate Section, Civil Division of the Department of Justice for 4 years. It's important to note that her service to the United States was bipartisan, spanning both Democratic and Republican administrations.

Ms. Millett graduated from Harvard Law School, magna cum laude, in 1988 and she clerked for the Honorable Thomas Tang of the U.S. Circuit Court of Appeals for the Ninth Circuit for 2 years.

I believe Ms. Millett possesses the character and integrity necessary for a nomination of this caliber. She is an active member of Aldersgate United Methodist Church, where she teaches Sunday school and visits the hospitalized and home-bound. For many years she has also participated in the Hypothermia Homeless Shelter, which operates during the winter months on the Route 1 corridor in Alexandria, preparing meals.

As a military spouse, Ms. Millett and her family have also sacrificed for our Nation. Ms. Millett's husband was deployed during Operation Iraqi Freedom, so she brings a unique understanding of veterans' issues and the stress of deployment on soldiers and their families.

I know there have been issues raised regarding the caseload for the DC Circuit. These issues do not concern me. With respect to the size of the DC Circuit, Congress removed a seat under the Court Security Improvement Act of 2007. Today, three of the DC Circuit's eleven existing seats are vacant. And three other circuits currently have lower caseloads per active judge than the DC Circuit. Yet, just this year, the Senate confirmed nominees to two of these other circuit courts--the Eighth and Tenth Circuit.

As Governor of Virginia, I chose two members of the Supreme Court of Virginia and have thought deeply about qualities that make for a strong appellate judge. I believe Ms. Millett is superbly qualified for a position on the DC Circuit Court of Appeals. I hope the Senate invokes cloture on her nomination today, and that she is confirmed for a position on the DC Circuit.

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