[Congressional Record Volume 146, Number 24 (Tuesday, March 7, 2000)]
[Senate]
[Page S1225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     NOMINATIONS OF MARSHA L. BERZON AND RICHARD A. PAEZ--Continued


                            cloture motions

  Mr. LOTT. Mr. President, I understand there have been a couple of 
hours of spirited debate on the nominations of Judge Paez and Mrs. 
Berzon, which is certainly the right of the Senate. I am sure we will 
have some further spirited discussion about these nominees.
  However, I have given my word that these two nominees should at least 
have the opportunity for a vote. We did work out an agreement last 
year, and I made a commitment that these two nominees would have a 
Senate vote on their confirmation. With that in mind, in order to 
accomplish this--while I had hoped it would not be necessary, again, I 
emphasize, as I did last year and earlier this year, I think it is a 
mistake to begin to have cloture votes on judicial nominations on the 
floor. We had one instance of that last year, and I said to my 
Democratic friends I thought that was a mistake, and pretty shortly 
thereafter we worked that out and moved that nomination.
  I don't like to have to file cloture on these nominations either, but 
in order to fulfill the commitments that have been made and have a good 
debate but some limit on it where we would get a vote, I send a cloture 
motion to the desk on the nomination of Marsha Berzon to the Ninth 
Circuit Court of Appeals.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Executive 
     Calendar No. 159, the nomination of Marsha L. Berzon, to be 
     United States Circuit Judge for the Ninth Circuit:
         Trent Lott, Orrin G. Hatch, Susan M. Collins, Arlen 
           Specter, Ted Stevens, Thad Cochran, James M. Jeffords, 
           Robert F. Bennett, Richard G. Lugar, Chuck Hagel, 
           Conrad Burns, John W. Warner, Patrick J. Leahy, Harry 
           Reid of Nevada, Charles E. Schumer, and Tom Daschle.

  Mr. LOTT. Mr. President, I send to the desk also a cloture motion on 
the pending nomination of Richard Paez.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Executive 
     Calendar No. 208, the nomination of Richard A. Paez to be 
     United States Circuit Judge for the Ninth Circuit:
         Trent Lott, Orrin G. Hatch, Susan M. Collins, Arlen 
           Specter, Ted Stevens, Thad Cochran, Robert F. Bennett, 
           Harry Reid of Nevada, Richard G. Lugar, Chuck Hagel, 
           Conrad Burns, John W. Warner, Patrick J. Leahy, Charles 
           E. Schumer, Tom Daschle, and Barbara Boxer.

  Mr. LOTT. Mr. President, I ask unanimous consent that notwithstanding 
rule XXII, these cloture votes occur in the order in which they were 
filed at 5 p.m. on Wednesday, and that the mandatory quorum under rule 
XXII in each case be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LOTT. Mr. President, it is my understanding that if cloture is 
invoked in each case, Senator Smith of New Hampshire will require 5 
hours of total debate on both nominations under his control, and 
following the conclusion of the time, the Senate would be in a position 
to vote in a back-to-back sequence on the confirmations of Berzon and 
Paez. I will not propound that request at this time but will put 
Members on notice that this is the fashion in which I see the Senate 
considering these nominations.
  I have discussed that with Senator Daschle, and he understands that. 
Of course, there will be a need to have equal debate on both sides, if 
that is required by Senators.
  I thank all my colleagues for their cooperation. I look forward to 
further debate on these nominees during tomorrow's session prior to the 
5 p.m. back-to-back cloture votes. In light of this agreement, we can 
announce that there will be no further votes this evening.
  Mr. DASCHLE. Mr. President, I know there is another unanimous consent 
to propound.
  Let me briefly thank the majority leader for keeping his commitment. 
He and I both hoped we wouldn't have to file cloture. We may yet have 
the opportunity to vitiate cloture if something can be worked out. I am 
hopeful that we will have an opportunity to have the votes as he has 
anticipated tomorrow at 5 o'clock. This agreement accords everybody 
their rights. People will have an opportunity to further discuss this 
matter. They will be able to respond to whatever statements may be made 
on the floor. We will have a good debate about these nominees tomorrow, 
even though we will be taking up other legislation.
  I think this is a very good agreement. I am grateful to him and to 
all of our colleagues for their cooperation. I appreciate the fact that 
we have come this far.
  I yield the floor.
  Mr. LEAHY. Mr. President, will the Senator yield?
  Mr. LOTT. I am glad too yield.
  Mr. LEAHY. Mr. President, I wish to associate myself with the 
comments of the distinguished Senator from South Dakota. I was 
privileged to be part of some of the discussions the distinguished 
Republican leader and the Democratic leader had last fall, along with 
the distinguished Senator from Mississippi. He has fulfilled the 
commitment he made to us at that time. I suspect that some aspects 
probably will not be debated with great ease. I wish to commend them 
for doing that. As I have said all along, I want to be in the position 
where Senators can vote up or down on these two outstanding nominees.
  I thank the Chair.
  Mr. LOTT. Mr. President, I thank both Senators for their comments.

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