[Congressional Record Volume 149, Number 63 (Wednesday, April 30, 2003)]
[Senate]
[Pages S5527-S5528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



             Unanimous Consent Request--Executive Calendar

  Mr. FRIST. Mr. President, for the past 2 days, we have been working 
on an agreement looking for an orderly, systematic process by which we 
could consider some of the pending judicial nominations. It had been 
our hope we could reach an agreement to consider these nominations this 
week and early next week. Unfortunately, after a lot of discussions--
and we worked on both sides of the aisle in good faith--but after a lot 
of discussions, it does not appear we will be able to reach the consent 
agreement.
  On our side, we have been prepared to consider and vote on all of the 
circuit court nominations that are on the calendar now. I believe my 
Democratic colleagues, at this point, are prepared to vote on just one 
of these judges. Therefore, unless we can reach a consent agreement 
tomorrow, following the cloture vote in the morning on the pending Owen 
nomination, it will be my intention to proceed to the Prado nomination. 
And following disposition of the Prado nomination, it would be my 
expectation to proceed to the Cook nomination. I hope both of these 
nominations, which have received, by the way, bipartisan support, will 
be considered and confirmed this week.
  I think at this point I will go ahead and put forth the unanimous 
consent request. And then we will have some comment and discussion 
about where we are.
  Mr. President, I ask unanimous consent that on Thursday, at a time 
determined by the majority leader, after consultation with the 
Democratic leader, the Senate proceed to executive session and the 
consideration of calendar No. 105, the nomination of Edward Prado, of 
Texas, for the Fifth Circuit; further, that there be 3 hours for 
debate, equally divided between the chairman and ranking member or 
their designees; I further ask consent that following the use or 
yielding back of time, the Senate vote, without intervening action, on 
the confirmation of calendar No. 105; I further ask consent that 
following the vote, the President be immediately notified of the 
Senate's action.
  I further ask unanimous consent that on Monday, May 5, at a time to 
be determined by the majority leader, after consultation with the 
Democratic leader, the Senate proceed to executive session for the 
consideration of calendar No. 34, the nomination of Deborah Cook, of 
Ohio, to be a U.S. circuit judge for the Sixth Circuit; provided 
further, that there be 4 hours for debate, equally divided between the 
chairman and ranking member or their designees; further, I ask consent 
that following the use or yielding back of that time, the Senate 
proceed to a vote on the confirmation of the nomination, again, with no 
intervening action or debate.
  Finally, I ask unanimous consent that when the Judiciary Committee 
reports the Roberts nomination, it be in order for the majority leader 
to proceed to its consideration, and it be considered under a 2-hour 
time limitation, and that following that time, the Senate proceed to a 
vote on the confirmation, with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Nevada.
  Mr. REID. Mr. President, reserving the right to object, I have, along 
with Senator Daschle, worked very hard on this request the majority 
leader has read into the Record. Senator McConnell and the majority 
leader have also worked very hard. Over the years I have been involved 
in other matters where we have had very complicated, substantive issues 
we have been able to work out. I am very disappointed we

[[Page S5528]]

cannot work this out because this really does not compare to some of 
the difficult issues we have been able to resolve previously. But we 
have not been able to resolve this.

  I am really disappointed for a number of reasons. It involves 
individual Senators who have also devoted a lot of time on this issue, 
both Democrats and Republicans. But if there were ever an effort in 
good faith by the two sides, this has been it.
  I hope my objection, which I will enter in just a few moments, will 
not be the end of this. I hope we can, with a night's rest, work 
something out. For the last two nights we have come within a whisker of 
an agreement on these three judges. But in the Senate sometimes a 
whisker stops us, and it has done that.
  So I reluctantly object.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Kentucky.
  Mr. McCONNELL. Mr. President, I say to my friend from Nevada, I share 
his frustration. These are three nominations that are going to be 
approved, one of them probably unanimously. The assistant Democratic 
leader and I have wrestled around with this now for the last 2 days, 
and we find ourselves still not in a position to lock in a vote on Cook 
and Roberts.
  So tomorrow is another day, and we will try again. But it is sort of 
an indication of where the Senate stands these days, that even in a 
situation where you have three judges we know are going to be 
confirmed, we have not been able to reach an agreement after 2 days' 
work to conclude the inevitable, which is confirmation of these three 
judges.
  Hopefully tomorrow will bring better results.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. FRIST. Mr. President, I am very hopeful we will be able to make 
progress. Again, the three Senators who are speaking now, with Senator 
Daschle, have been working very hard with our colleagues to try to 
reach an agreement. But we have been unsuccessful. We will keep moving 
ahead, and I am optimistic these three nominees will be confirmed 
shortly.
  I do want to add, really for the benefit of my colleagues, that 
progress is being made. As my colleagues know, one of the nominees, 
Roberts, went back to committee, and the understanding was that with 
him going back to committee, we would have votes, up-or-down votes, on 
both Roberts and Cook. That is the background. We have been working on 
that for actually several weeks, and that process is underway. So we 
look forward to having that become a reality.
  That first step, with Roberts going back to committee, was taken. And 
now the expectation is, and the general agreement is, we are moving in 
the direction that we will, at some point in time--we have not been 
able to lock in the time--have votes on both Roberts and Cook.
  Mr. REID. Mr. President, if the majority leader will yield, I know 
the hour is late. I don't want to talk longer than necessary. I just 
want the record to be spread with the fact that we have a couple of 
Senators who have a different understanding as to what the majority 
leader and the minority leader and Senator McConnell and I thought had 
been agreed to. Senator McConnell was not on the floor; just the three 
of us thought it had been agreed to. There is an honest dispute as to a 
fact or two. This is just me speaking personally, not for my 
colleagues. I really think we should be able to work our way through 
this. It should not be as difficult as it is.
  The Democratic leader and I acknowledge that the majority leader 
intervened right before the recess to get Roberts back for a hearing. 
We know that wasn't easy for him to do. We acknowledge that. We 
appreciate that. And we hope we can resolve this procedural quagmire. 
There certainly has been no bad faith by the leadership on the 
Republican side or the Democratic side.
  Mr. FRIST. Mr. President, let me say, once again, that we will have a 
cloture vote on Owen tomorrow. And if cloture fails, we will go to 
Prado and, once Prado is completed, go to the Cook nomination. That 
will be the general plan.

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