May 5, 2014 - Issue: Vol. 160, No. 66 — Daily Edition113th Congress (2013 - 2014) - 2nd Session
EXECUTIVE SESSION; Congressional Record Vol. 160, No. 66
(Senate - May 05, 2014)
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[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. ____________________