U.S. Senate confirms Berger as federal judge
CHARLESTON, W.Va. -- On a 96-0 vote, the U.S. Senate confirmed Kanawha Circuit Judge Irene C. Berger as a federal judge on Tuesday.
Berger will become the first black federal judge in West Virginia's history. She has been a state judge since 1994.
President Obama nominated the McDowell County native in July. After a September hearing, the Senate Judiciary Committee unanimously approved her nomination on Oct. 1.
Sen. Robert C. Byrd, D-W.Va., called Berger "not only an outstanding jurist, she is also an exemplary person."
"Through her drive and determination, Judge Berger broke barrier after barrier. She was the first in her family to attend college, and she was the first African-American woman to serve as a circuit judge in West Virginia," Byrd said.
"Embodying true Mountaineer spirit and pride, Judge Berger's contributions to legal service and education have been substantial. Sitting on the bench, she will continue her fine service to her community and to the great state of West Virginia."
After the vote, Berger said she was honored at every stage of the long process, from the initial recommendation from Byrd and Sen. Jay Rockefeller, D-W.Va., to the president's nomination, to the unanimous approval of the Senate Judiciary and finally Tuesday's unanimous Senate vote.
"It's a little bit overwhelming to think that that has happened over my career," she said.
Berger said she appreciated the mentoring and support she has received during her "charmed career," from her first days as a Legal Aid attorney, then through her time as a state and federal prosecutor and 15 years on the state bench.
Earlier Tuesday, before the period allotted to discuss Berger's nomination on the Senate floor, Rockefeller called her "one of our premier legal minds and unwavering leaders."
"I am perhaps most impressed with Judge Berger's courage and determination and refusal to back down from any challenge," he said. "We can rest assured that Judge Berger will serve with enormous honor and distinction, just as her predecessor, Judge David A. Faber, served before her."
But during the time set aside Tuesday to discuss Berger, members of the Judiciary instead sparred over the pace of judicial confirmations.
Sen. Benjamin Cardin, D-Md., complained that some Republican senators had placed anonymous holds on nominees that had been approved by the judiciary in an effort to slow the confirmation process.
"This is a deliberate effort to try to slow the pace," he said. "I really think this is wrong, and people should know about this."
In particular, he objected to the delay for Judge Andre Davis, a federal judge from Maryland who has been nominated for the 4th Circuit Court of Appeals.
The Judiciary Committee approved Davis by a vote of 16-3 on June 4, but the Senate has still not scheduled a vote on his nomination.
CHARLESTON, W.Va. -- On a 96-0 vote, the U.S. Senate confirmed Kanawha Circuit Judge Irene C. Berger as a federal judge on Tuesday.
Berger will become the first black federal judge in West Virginia's history. She has been a state judge since 1994.
President Obama nominated the McDowell County native in July. After a September hearing, the Senate Judiciary Committee unanimously approved her nomination on Oct. 1.
Sen. Robert C. Byrd, D-W.Va., called Berger "not only an outstanding jurist, she is also an exemplary person."
"Through her drive and determination, Judge Berger broke barrier after barrier. She was the first in her family to attend college, and she was the first African-American woman to serve as a circuit judge in West Virginia," Byrd said.
"Embodying true Mountaineer spirit and pride, Judge Berger's contributions to legal service and education have been substantial. Sitting on the bench, she will continue her fine service to her community and to the great state of West Virginia."
After the vote, Berger said she was honored at every stage of the long process, from the initial recommendation from Byrd and Sen. Jay Rockefeller, D-W.Va., to the president's nomination, to the unanimous approval of the Senate Judiciary and finally Tuesday's unanimous Senate vote.
"It's a little bit overwhelming to think that that has happened over my career," she said.
Berger said she appreciated the mentoring and support she has received during her "charmed career," from her first days as a Legal Aid attorney, then through her time as a state and federal prosecutor and 15 years on the state bench.
Earlier Tuesday, before the period allotted to discuss Berger's nomination on the Senate floor, Rockefeller called her "one of our premier legal minds and unwavering leaders."
"I am perhaps most impressed with Judge Berger's courage and determination and refusal to back down from any challenge," he said. "We can rest assured that Judge Berger will serve with enormous honor and distinction, just as her predecessor, Judge David A. Faber, served before her."
But during the time set aside Tuesday to discuss Berger, members of the Judiciary instead sparred over the pace of judicial confirmations.
Sen. Benjamin Cardin, D-Md., complained that some Republican senators had placed anonymous holds on nominees that had been approved by the judiciary in an effort to slow the confirmation process.
"This is a deliberate effort to try to slow the pace," he said. "I really think this is wrong, and people should know about this."
In particular, he objected to the delay for Judge Andre Davis, a federal judge from Maryland who has been nominated for the 4th Circuit Court of Appeals.
The Judiciary Committee approved Davis by a vote of 16-3 on June 4, but the Senate has still not scheduled a vote on his nomination.
In response, Sen. Jeff Sessions, R-Ala., the ranking member of the Judiciary Committee, denied that Senate Republicans were "slow walking" Obama's nominees through the nomination process.
"I'm not going to remain silent while the record is distorted," he said.
Obama has nominated only 23 judges, including Sonia Sotomayor for the U.S. Supreme Court -- far fewer than President George W. Bush put forward during the same period in his first term, Sessions said.
Sessions praised Berger, saying he had enjoyed his exchanges with her during her hearing, but went on to list the lengthy delays suffered by some of Bush's nominees.
The Senate confirmed fewer of Bush's nominees than any other two-term president in modern history, he said.
Sessions maintained that Obama had taken an aggressive approach to filling vacancies in the federal judiciary by first nominating David F. Hamilton, a U.S. District Judge from Indiana, for the 7th Circuit Court of Appeals.
"I think it's fair to say he is outside the mainstream of even President Obama's nominees," he said, noting that Hamilton had served as the vice president of the Indiana Civil Liberties Union.
Sessions also questioned Davis' qualifications, saying that as a federal judge, he had been overturned by the 4th Circuit Court of Appeals multiple times.
"Judge Davis has some serious problems in his background," he said. "There's no question that Mr. Davis is a good man, but his record is a cause for some concern."
Carl Tobias, a law professor at the University of Richmond and an expert on judicial selection, said that the unanimous vote could be a reflection of widespread support for Berger, both in her home state and in the Senate.
"I don't think she was controversial in any way," he said.
Berger is only the fifth Obama judicial nominee to be confirmed, with more than 90 vacancies, he noted.
"The Republicans have extended the confirmation wars," he said. "What they're doing now, Berger to one side, is they're putting holds on non-controversial nominees."
Berger's confirmation creates an opening in Kanawha County, to be filled by gubernatorial appointment.
Gov. Joe Manchin has selected seven finalists from those who applied to replace Berger. He is expected to announce his decision soon.
Reach Andrew Clevenger at acleven...@wvgazette.com or 304-348-1723.
