May 5, 2014 - Issue: Vol. 160, No. 66 — Daily Edition113th Congress (2013 - 2014) - 2nd Session

[Pages S2635-S2636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF NANCY L. MORITZ TO BE UNITED STATES CIRCUIT JUDGE FOR THE 
                         TENTH CIRCUIT--Resumed

                                 ______
                                 

 NOMINATION OF PETER A. SELFRIDGE TO BE CHIEF OF PROTOCOL AND TO HAVE 
                         THE RANK OF AMBASSADOR

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations 
which the clerk will report.
  The assistant legislative clerk read the nominations of Nancy L. 
Moritz, of Kansas, to be United States Circuit Judge for the Tenth 
Circuit, and Peter A. Selfridge, of Minnesota, to be Chief of Protocol, 
and to have the rank of Ambassador during his tenure of service.


                       Vote on Moritz Nomination

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate prior to a vote on the Moritz nomination.
  Mr. LEAHY. Mr. President, today, we will vote to confirm Nancy Moritz 
to fill a vacancy in the U.S. Court of Appeals for the Tenth Circuit. 
Nancy Moritz is currently a justice on the Kansas Supreme Court, where 
she has been serving since 2011. She has the qualifications and has the 
support of her two Republican home State Senators, Mr. Pat Roberts and 
Mr. Jerry Moran. She was also reported from the Judiciary Committee 
unanimously by voice vote this past January.
  The Republicans continue to object to votes on all judicial 
nominations, even for completely noncontroversial nominees such as 
Justice Moritz. Cloture was finally invoked on Justice Moritz's 
nomination last week. There is no reason her nomination should have 
been filibustered given the bipartisan support that she has.

[[Page S2636]]

  In fact, Justice Moritz should and could have been confirmed last 
year. She was first nominated last August, but her hearing was delayed 
until mid-November because of the Republican shutdown of the Federal 
Government. Senate Republicans then refused to vote on her nomination 
in committee at the end of last year and her nomination was returned to 
the President. As a result, the President had to renominate Justice 
Moritz and the Judiciary Committee had to reprocess her nomination this 
year. When we finally confirm Justice Moritz today, her nomination will 
have taken more than 9 months. It should not take this long to process 
noncontroversial nominees.
  Justice Moritz has now served on the Kansas Supreme Court for nearly 
4 years. Prior to joining the Kansas Supreme Court, she was an 
appellate judge on the Kansas Court of Appeals from 2004 to 2011. 
Before becoming a judge, she spent nearly 10 years as an assistant U.S. 
attorney in the Kansas City and Topeka offices. From 1989 until 1995, 
she was an associate at Spencer, Fane Britt & Browne, LLP in Kansas 
City and Overland Park. From 1987 to 1989, she served as a law clerk to 
the Honorable Patrick F. Kelly, U.S. District Court for the District of 
Kansas. Her breadth and depth of experience as both a practitioner and 
a jurist will make her well suited to serve on the Tenth Circuit.
  I urge all of my colleagues to vote to confirm this excellent 
nominee.
  Mr. GRASSLEY. I yield back time on this side.
  The PRESIDING OFFICER. Without objection, all time for debate is 
yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Nancy L. Moritz, of Kansas, to be United States Circuit Judge for 
the Tenth District?
  Mr. BARRASSO. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Schatz) is 
necessarily absent.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from New Hampshire (Ms. Ayotte), the Senator from Arkansas (Mr. 
Boozman), the Senator from Wisconsin (Mr. Johnson), the Senator from 
Illinois (Mr. Kirk), the Senator from Pennsylvania (Mr. Toomey), and 
the Senator from Louisiana (Mr. Vitter).
  Further, if present and voting, the Senator from Wisconsin (Mr. 
Johnson) would have voted ``yea.''
  The PRESIDING OFFICER (Mr. Donnelly). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 90, nays 3, as follows:

                      [Rollcall Vote No. 130 Ex.]

                                YEAS--90

     Alexander
     Baldwin
     Barrasso
     Begich
     Bennet
     Blumenthal
     Blunt
     Booker
     Boxer
     Brown
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Lee
     Levin
     Manchin
     Markey
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murphy
     Murray
     Nelson
     Paul
     Portman
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Walsh
     Warner
     Warren
     Whitehouse
     Wicker
     Wyden

                                NAYS--3

     Coburn
     Crapo
     Risch

                             NOT VOTING--7

     Ayotte
     Boozman
     Johnson (WI)
     Kirk
     Schatz
     Toomey
     Vitter
  The nomination was confirmed.


                      Vote on Selfridge Nomination

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate prior to a vote on the Selfridge nomination.
  Mr. DURBIN. I yield back all time.
  The PRESIDING OFFICER. Without objection, all time is yielded back.
  The question is, Will the Senate advise and consent to the nomination 
of Peter A. Selfridge, of Minnesota, to be Chief of Protocol, and to 
have the rank of Ambassador during his tenure of service?
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motions to 
reconsider are considered made and laid upon the table, and the 
President will be immediately notified of the Senate's action.

                          ____________________