Executive Session

Floor Speech

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Mr. GRASSLEY. Mr. President, today we vote to confirm nominees to District Courts in Virginia, Massachusetts, and Nevada.

Although I will be supporting the nominees from Virginia and Massachusetts, unfortunately I will be unable to support the nomination of Richard Boulware II when the Senate considers his nomination and wanted to explain the reasons for my vote. As an initial matter, Mr. Boulware received a partially ``not qualified'' rating from the American Bar Association. Some of us on this side of the aisle have raised concerns over the years with what we view as an inconsistent application of the ABA's rating system. I have viewed the ABA's ratings with suspicion for many years. They always seemed to be harder on Republican Presidents than Democrats. Because of that, I tend to consider their ratings with a grain of salt. On the other hand, given their history, in my view, of treating Republican nominees more harshly, it gives me pause when I see a partial ``not qualified'' rating from the ABA for a nominee from an administration the ABA has been so aligned with on many issues.

Of course, ABA ratings are only one factor in my assessments of nominees. Unfortunately, there are other aspects of Mr. Boulware's record that concern me.

He has limited legal experience, especially in comparison to other nominees. He has only been practicing law since 2002, and that includes a clerkship. Additionally, his entire career has been in criminal law. He has no experience in any of the complex civil matters that would come before him if he is confirmed.

I am also concerned that over the course of his career he has taken very aggressive policy positions on a number of different issues in testimony before the Nevada Legislature. For example, he has spoken against updating the antiquated paper-based pool book system to a more efficient system of processing voters because he believes voter identification laws unfairly impact poor and minority communities. He has testified that solitary confinement is a reduction of due process rights for prisoners. He has opposed taking DNA samples from arrested persons. And he has joined the American Civil Liberties Union in writing letters to the legislature on several issues relating to police conduct.

If Mr. Boulware had more experience, it would be easier to give him the benefit of the doubt. But when I consider the entirety of his record, his lack of experience as an attorney and his zealous advocacy for many controversial policy positions, it is with reluctance that I will vote no on his nomination. I anticipate Mr. Boulware will be confirmed, and it is my sincere hope that he proves me wrong.

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