ms. halligan. nd when she was in a position of authority, she put that activist view into practice time and time again. on the subject of second amendment rights, miss halligan as solicitor general of new york advanced the dubious legal theory that those who make firearms should be liable for the criminal acts of third parties who misuse them. imposing potentially massive tort liability against the makers of a lawful product just because of the criminal acts of someone else didn't seem much liken sriable social progress to randall cass i did with carr arms which sells firearms to the new york city police department. here's what he said. "i can't see how carr arms can be responsible for criminal misuse of its product," he said. "i don't see how you can do that. one lawsuit would put us out of business." now, fortunately the state court in new york followed the law and rejected miss halligan's entreaty that it make up new law in order to achieve the sawld social progress she en-- so-called social prog

ms. halligan. why would a top-notch lawyer volunteer to go through a long, exscriewshiating confirmation process if they're only going to be filibustered for reasons that don't have a thing to do with their qualifications. we are going to end up with a federal bench that is empty or lacks the excellence we should require. caitlin halligan deserves an yap or down vote on the merits. the senate made a mistake in 2011. let's correct that mistake this week. she has clearly demonstrated she can serve on the d.c. circuit with distinction. she deserves that chance on the merits. i yield the floor. i have a unanimous consent request. i have three unanimous consent requests for committees to meet during today's significance of the senate with the approval of the majority and minority leaders. i ask that they be agreed to and that these requests be printed in the record. the presiding officer: without objection. mr. durbin: and, mr. president, i suggest the absence of a quorum. the presiding officer: the cle

ms. halligan's nomination. i just challenge my colleagues who oppose an up-or-down vote to come to the floor and explain the extraordinary circumstances that would prevent an up-or-down vote on ms. halligan's nomination. she is extremely well qualified for this position and i will support her nomination. the senate judiciary committee favorably reported her nomination last month. the american bar association's standing committee on federal judiciary unanimously rated mrs. halligan well qualified to serve on the d.c. circuit, the highest rating from its nonpartisan peer review. miss halligan received her a.b. from princeton university and her j.d. from georgetown university law school. after law school, she clerked for the supreme court justice steven breyer and for judge patricia walt and the d.c. circuit, the court upon which she is now nominated. after working in private practice, she joined the new york state attorney general's office. she began working in the office as the first chief of the office's intern

ms. halligan argued that uses of -- vigorously advanced attempting to hold gun manufacturers liable. gun manufacturers will not be held liable for the products they sell. will not argue that publicly. that would look bad. they have the nra to do it for them and they stay in the shadows. at bottom this is them protecting themselves. from we the people turning on them. it is heat shield politics and they got held accountable and the country changed because of it. and more americans are alive because of it. it is working right now for the gun manufacturers and they are not being held accountable so far. but maybe that can change. that. >>> "first look" is up next. >> good friday morning. right now on "first look" osama bin laden's son-in-law has been captured and faces charges of conspiracy to kill americans. >>> that california lion that mauled an intern actually escaped a cage before killing the 24-year-old in a cleaning enclosu enclosurer. >>> former president bill clinton says it's time to overturn a discriminatory law he signed as president. >>> actress demi moore wants ashton kutc

ms. halligan continues to wait for a simple up or down vote.ers of judicial nominations required extraordinary circumstances and a republican senator who was part of this agreement articulated that only ethics issue would qualify. halligan is a graduate of princeton, georgetown law, former solicitor of new york state with the highest accommodation for the standing committee, federal judiciary committee. the only thing extraordinary about her seemed to be her credentials. she signed -- >> miss halligan's record of advocacy led me to to believe she would bring activism on to the court. because of giving the lifetime appointment to the d.c. circuit is a bridge too far. >> it doesn't matter during her 2011 confirmation hearing halligan instead offed the second amendment protects an individual's right to bear arms. >> in 2003, you gave a speech expressing concern about federal legislation to limit the liability of gun manufacturers. you said, quote, such an action would likely cut off at the pass any attempt by states to find solutions through the l

ms. halligan demands independence and a commitment to the rule of law and not to a political agenda. now, at her hearing, she did attempt to distance herself from the report, variously claiming she had not seen it until just before the hearing and that she had not attended all of the meetings at which the report was discussed. she admitted, however, that she could have requested that her name not be on the report, as did four other members of the committee, but she did not. she signed it. in fact, according to her own testimony, she never took any action to repudiate the report or its contents before her nomination or even before her hearing. the first time she expressed any disagreement with the report, it seems, was at her confirmation hearing. some call that a confirmation conversion. i seriously -- a serious attorney could would have taken swift act ax to either remove their name from the report or to repudiate it. no serious attorney would have afixed their name to a report on such an important matter in a time of war without studying it carefully, surely. it can only be assumed

ms. halligan's colleagues say she has abiding respect for the law. despite strong support from across the political spectrum, republicans filibustered her confirmation last congress. president obama is the only president in the 65-year history of this court to not have a single judge confirmed to that court during his first term. remember, there are now four vacancies. since she was nominated, two additional vacancies have owed on the d.c. circuit. the court desperately needs more judges. this week the united states senate will consider the nomination of john ben in ae inn brennan to lead the central intelligence agency. it is to be reported out of the committee tomorrow. he served four years in the white house's national security staff. he played a role in finding osama bin laden and decimating al qaeda. es a very well-qualified, a wonderful public servant and should be confirmed quickly. this week will be a test of republicans' good will. my republican colleagues say they respect the senate's responsibility to advise and consent. my republican coll

ms. halligan is not what we would call a consensus nominee. the senate has already considered and rejected her nomination. nothing material has changed since that time. many of my colleagues have discussed a wide range of ms. halligan's views, so i'll limit myself today to just one example. in 2003, while serving as solicitor general for the state of new york, ms. halligan approved and signed a legal brief arguing handgun manufacturers, wholesalers and retailers should be held liable for criminal actions that individuals commit with those guns. three years later, in 2006, ms. halligan filed another brief arguing handgun manufacturers were guilty of creating a public nuisance. such arguments amount to an invitation to the courts for the tkorts engage in -- courts to engage in sweeping judicial activism. and the positions she took are bewildering with the original understanding of the second amendment rights that all americans enjoy. in conclusion, as measured by the democrats' own standards and their own prior actions, now is not the time to co