Nomination of Nancy L. Maldonado

Floor Speech

BREAK IN TRANSCRIPT

Mr. McCONNELL. On a different matter, I have spoken repeatedly about how Adeel Mangi, President Biden's nominee to the Third Circuit, is unqualified for the bench. But the red flags on this administration's nominees aren't limited to radical associations and ethical lapses.

Judge Nancy Maldonado, a trial judge nominated to the Seventh Circuit, has distinguished herself with sheer--sheer--incompetence.

Thanks to reforms put in place by then-Judiciary Committee Chairman Biden, Federal courts keep track of how many fully briefed motions have been sitting without a decision for at least 6 months, a report often known among judges in Chicago as the Biden list.

It was a good reform because justice delayed is justice denied. And as it turns out, Judge Maldonado has by far the largest number of motions pending for more than 6 months among the judges of the Seventh Circuit, with 125. She would need to rule on one of these motions every workday for the next 6 months just to clear her existing Biden backlog.

There are only a handful of judges in the country who are this far behind on their work. Judge Maldonado's Biden backlog puts her beyond the 99th percentile of all district judges nationwide in terms of slowness.

The Biden list requires judges to explain why they are so far behind. Judge Maldonado blames her record on ``complexity of the case,'' ``voluminous transcripts/briefs to be read,'' and ``heavy civil and criminal caseload.'' Does the President think his nominees will face less complex cases on the court of appeals, lighter caseloads, less voluminous transcripts or briefs?

Why on Earth would our colleagues consider giving new and greater responsibilities to a judge who is clearly struggling with the ones she has already gotten or, for that matter, why would they consider promoting someone whose instinct is to pass the buck?

I wish I were making this up: When our colleagues asked Judge Maldonado about her case backlog in written questions, she blamed her clerks. That is probably cold comfort to prisoners seeking relief for inhumane treatment or litigants paying months of legal fees awaiting her decisions. Apparently, it is not the woman with a judicial commission who is responsible for justice delayed; it is the 25-year- old brandnew lawyers on her staff. But passing the buck is what Judge Maldonado does.

The junior Senator for Louisiana asked her how she defined ``assault weapon'' in a brief supporting Illinois' assault weapons ban, and the judge said she didn't know because she didn't write the brief. She was only--get this--the counsel of record.

Do our colleagues really expect a promotion to the court of appeals to turn things around? Do they really think one of the Nation's least productive jurists actually deserves such a promotion?

It doesn't have to be like this. Without even leaving Chicago, Washington Democrats will find a different trial judge, Judge Mary Rowland.

Judge Rowland has impeccable liberal credentials. She satisfies the left's desired diversity metrics. The only difference? She is actually good at her job.

Her Biden list is three cases. And her reason? These opinions are being drafted but need to have hearings. Complex cases and voluminous briefing don't faze Judge Rowland.

This matters. The Seventh Circuit is a busy court. They hear oral arguments for every case that has a lawyer and publish all of these opinions as precedent. It is also the last stop for almost all litigants in Wisconsin, Illinois, and Indiana.

Confirming Judge Maldonado to that court would be taking a judge who has proven herself incapable of swimming in the shallow end of the pool and throwing her into Lake Michigan.

The people and litigants of the Seventh Circuit deserve better. And if my colleagues want to see basic competence in their judges, they ought to reject this nominee.

BREAK IN TRANSCRIPT

Source