Senator Webb's Floor Remarks in Support of the Confirmation of Justice Barbara Keenan to the Fourth Circuit

“Mr. President, I rise today again to speak on behalf of Justice Barbara M. Keenan, the nominee to serve on the Fourth Circuit. I would like to point out that this is the third time that I have had the pleasure of outlining her qualifications.

“I also would like to express my regret that the Senate is again being forced to waste valuable time that could be used toward solving greater problems in our country in order to go through these repeated delays on votes that are going to be, if not unanimous, certainly well above 90 of our body in favor of this type of a nomination.

“The American people are commenting on how the United States Congress is not addressing the true problems of the country. I think that this is an example perhaps all of those interested in our political system can comprehend rather quickly of obstructionism and of the unnecessary delay of the appointment of individuals who are vitally needed, as we look at the state of our judicial system today.

“Justice Keenan was voted out of committee in October of last year by unanimous voice vote. Her nomination is noncontroversial. She has been a dedicated public servant, a fair and balanced jurist. Her nomination has broad bipartisan support, not only in this body but also in the Commonwealth of Virginia. So I again believe it is critical that we move forward as quickly as possible to confirm this nomination.

“There are currently four vacancies on the Fourth Circuit, more than any other Circuit in our country. The seat that Justice Keenan would fill has been vacant now for more than two years. She is an extraordinary choice to fill this vacancy. She has been a state Supreme Court Justice since 1991 and she's been a trailblazer for women in the law throughout her career.

“At the age of 29 she was the first female general district court judge in Virginia, when she was selected for the Fairfax County bench in 1980. She became the first female Circuit Court Judge in 1982. In 1985, she was one of ten judges named to the First Court of Appeals and was the only woman on that court when it was first created. She was selected for the state Supreme Court, the second female justice ever to serve there, in 1991. She was, in fact, the first judge to serve on all four levels of Virginia’s courts.

“As I pointed out in my previous floor remarks, I think it is very important for the understanding of this body to point out that when Governor McDonnell was recently sworn into office, he specifically requested that Justice Keenan deliver him that oath of office. In fact, Governor McDonnell has released a statement where he says:

“Virginia’s Supreme Court Justice Barbara Keenan is one of the foremost legal minds in our Commonwealth. Her nomination by the President of the United States Court of Appeals for the Fourth Circuit is one that should be viewed favorably and acted upon expeditiously. Justice Keenan has dedicated her career to public service. I look forward to her service on the fourth circuit bench.”

“This is from Governor McDonnell, who is from the Republican Party. I think it's a clear indication of the broad respect that this individual has within the Commonwealth.

“I am mindful of the Senate's constitutional role in confirming executive nominations. This is vitally important. We have a robust vetting process. Debate is important and appropriate, and we have conducted inside the Virginia delegation that kind of vetting process which resulted in Justice Keenan’s name being moved forward.

“So, again, in the name of pragmatic bipartisanship and in the spirit of good governance and the way that we should be spending valuable time here on the Senate floor with so many issues affecting this country, we need to move past these artificial barriers. We need to stop putting delays in front of the types of issues that we should be confronting. Let's get on with the business of governing.

“Again, as I pointed out in my previous statement, of the 876 judgeships, there are currently 100 vacancies. These vacancies delay the administration of justice. They delay the resolution of disputes. They affect the respect of our whole governmental process. So in light of the fact that my prediction is that Justice Keenan will get, if not 100 votes in this body, I doubt that she will get one or two negative votes in this whole body. There is no need for us to go through hours and hours of debate and delay in order to get her where she needs to be and that is on the Fourth Circuit. So I’m asking my colleagues across the file we might not move this nomination forward in a timely way.

“With that, I yield the floor and suggest the absence of a quorum.”