[Congressional Record Volume 149, Number 66 (Tuesday, May 6, 2003)]
[Senate]
[Pages S5755-S5759]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

  NOMINATION OF CECILIA M. ALTONAGA, OF FLORIDA, TO BE UNITED STATES 
          DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF FLORIDA

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nomination of 
Cecilia M. Altonaga, of Florida, to be United States District Court 
Judge, which the clerk will report.
  The assistant legislative clerk read the nomination of Cecilia M. 
Altonaga, of Florida, to be United States District Judge for the 
Southern District of Florida.
  The PRESIDING OFFICER. Under the previous order, there will now be 15 
minutes evenly divided for debate on the nomination.
  Mr. HATCH. Mr. President, I rise in support of the nomination of 
Cecilia Altonaga to the U.S. District Court for the Southern District 
of Florida. Judge Altonaga has enjoyed a stellar legal career on both 
sides of the bench.
  Upon graduating from Yale Law School, Judge Altonaga clerked for the 
Honorable Edward B. Davis of the United States District Court for the 
Southern District of Florida--the very court she will join upon her 
confirmation.
  Judge Altonage then spent 10 years as an assistance county attorney 
for the Miami-Dade County Attorney's Office. During her tenure, she 
specialized in construction litigation, reviewing and drafting 
construction contracts, and advising the Couty Commission in the 
awarding of government contracts, including bid disputes handled in 
administrative quasi-judicial hearings. She also handled tort suits, 
defending the County ordinances and actions taken by County 
Commissioners in State and Federal courts.
  From 1996 to 1999, Judge Altonaga served as a County Court Judge of 
the Eleventh Judicial Circuit of the State of Florida. While on the 
County Court, Judge Altonaga served in the Domestic Violence, Civil, 
and Criminal Divisions. Since 1999, she has served as a Judge for the 
Circuit Court of the Eleventh Judicial Circuit of the State of Florida, 
where she has been assigned to the Court's Juvenile, Criminal, and 
Appellate Divisions.
  Notably, Judge Altonaga will be the first Cuban-American woman to 
serve as a Federal judge. I have every confidence that she will serve 
with distinction, and I am pleased to join with my colleagues from 
Florida in supporting her nomination.
  Mr. LOTT. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, we will soon be voting on the nomination of 
Judge Cecilia Altonaga to be United States District Judge for the 
Southern District of Florida. I believe that Judge Altonaga will be the 
first Cuban-American woman to sit on the Federal bench.
  Judge Altonaga comes to us with bipartisan support after being 
unanimously approved by Florida's bipartisan Judicial Advisory 
Committee. I commend Senators Graham and Nelson for insisting that a 
bipartisan selection commission be implemented in Florida. This shows 
how well it works.
  We are moving down judicial vacancies. As we can see, starting in 
1994, judicial vacancies increased actually

[[Page S5756]]

under Republican control of the Senate. It went from 63 up to 110. When 
Democrats took control and I became chairman, we cut that almost 
immediately from 110 to 60, with nominees of President Bush, 
notwithstanding all of President Clinton's nominees who had been 
blocked.
  Circuit court nominees went from 16 vacancies under Republican Senate 
leadership up to 33. When I became chairman, we cut it immediately to 
25. I note that because we did move to cut those vacancies--even 
though, in this case, it is Cuban-American women--there were many 
Hispanics and women nominated by President Clinton who were blocked or 
delayed by the Republican majority. We were told that unless every 
single Republican agreed, even if one disagreed, they would not get a 
hearing or a vote.
  We had nominees such as Christine Arguello, Jorge Rangel, Enrique 
Moreno, and Ricardo Morado who were never given hearings, including 
Judge Richard Paez, Judge Sonia Sotomayor, and Judge Hilda Tagle who 
were stalled for no good reason. Even though President Clinton's 
nominees had been blocked, we, the Democrats, when we took over, moved 
President Bush's nominees for the same spots.
  I urge the White House to work with more Senators in forming 
selection commissions to ensure that we have nominees who are supported 
in their communities and come to the Senate with true, bipartisan 
support. Under this administration, we have seen the recommendations of 
such bipartisan panels rejected or stalled. Instead, the 
recommendations of these important bipartisan commissions should be 
honored and encouraged by expedited consideration before the committee 
and on the floor of the Senate.
  Judge Altonaga is active in her community. She is a member of the 
Florida International University Law School Advisory Board, and belongs 
to the Dade County Bar Association, the Cuban American Bar Association, 
and the Florida Association of Women Lawyers. She has served as a 
member of the National Advisory Committee for Cultural Considerations 
in Domestic Violence Cases, the Select Task Force on Election 
Procedures, Standards and Technology, and the First Family Law American 
Inns of Court.
  During the 17 months I was chairman of the Judiciary Committee, I 
worked hard to ensure that women and minorities were considered for the 
federal bench, and I am proud of that record. Many Hispanics and women 
nominated by President Clinton were blocked or delayed by the 
Republican majority, and I did not want to see that repeated. Fine 
nominees such as Christine Arguello, Jorge Rangel, Enrique Moreno and 
Ricardo Morado were never given hearings. Others, including Judge 
Richard Paez, Judge Sonia Sotomayor, and Judge Hilda Tagle, were 
stalled for no good reason. I am proud that did not happen on my watch. 
I am glad to say that we quickly considered and confirmed nominees such 
as Christina Armijo to the District Court in New Mexico, Philip 
Martinez, to the District Court in Texas, Jose Martinez to the District 
Court in Florida, Alia Ludlum to the District Court in Texas, and Jose 
Linares to the District Court in New Jersey.
  Also during the 17 months I was chairman of the Judiciary Committee, 
three judicial nominees were confirmed to the District Courts of 
Florida. Timothy J. Corrigan was confirmed to the Middle District of 
Florida, and Jose E. Martinez and Kenneth A. Marra, were both confirmed 
to the Southern District of Florida.

  I congratulate Judge Altonaga and her family on her confirmation.
  Today the Senate is reducing the number of Federal judicial vacancies 
to the lowest level it has been in 13 years. The 110 vacancies I 
inherited in the summer of 2001 have been more than cut in half. In the 
17 months I chaired the Judiciary Committee we not only kept up with 
attrition but reduced those 110 vacancies to 60 with Judge Altonaga's 
confirmation and that of Patricia Minaldi we will have 47 vacancies for 
the entire federal judiciary. I thank all Senators for working with us. 
I thank the Democratic leadership for pressing for this vote on Judge 
Altonaga. I have spoken about her and urged this vote since she was 
reported by the Judiciary Committee almost 1 month ago.
  Since July 2001 a number of Senators have worked very hard to repair 
the damage done during the years 1995 through the early part of 2001. 
We made significant progress. Unfortunately, our efforts have received 
little acknowledgement and the current administration continues down 
the strident path of confrontation and court packing rather than 
working with Senators of both parties to identify and nominate 
consensus, mainstream nominees.
  While the Nation's unemployment rate rose last month to 6 percent, 
the vacancy rate on the federal judiciary has been lowered to 5.6 
percent. While the number of private sector jobs lost since the 
beginning of the Bush administration is 2.7 million, almost 9 million 
Americans are now out of work, and unemployment has risen by more than 
45 percent, Democrats in the Senate have cooperated in moving forward 
to confirm 123 of this President's judicial nominees, reduce judicial 
vacancies to the lowest level in years, and reduce federal judicial 
vacancies by almost 60 percent. Yet the Republican-led Senate remains 
obsessed with seeking to force through the most divisive of this 
President's controversial, ideologically-chosen nominees.
  In just the last 2 years, 123 of the President's judicial nominees 
will have been confirmed. One hundred of those confirmations came 
during the 17 months of Democratic leadership of the Senate. No fair-
minded observer could term that obstructionism. By contrast, during the 
six and one-half years during which Republicans controlled the Senate 
and President Clinton's nominations were being considered, they 
averaged only 38 confirmations a year. During the last two years of the 
Clinton administration, the Senate confirmed only 73 Federal judges. 
Combining the 1996 and 1997 sessions, Republicans in the Senate allowed 
only 53 judges to be confirmed in two years, including only seven new 
judges to the circuit courts. One entire congressional session, the 
Republican-led Senate confirmed only 17 judges all year and none at all 
to the circuit courts. The Senate confirmed 72 judges nominated by 
President Bush last year alone under Democratic leadership.
  The fact is that when Democrats became the Senate majority in the 
summer of 2001, we inherited 110 judicial vacancies. These are the 
facts. Over the next 17 months, despite constant criticism from the 
administration, the Senate proceeded to confirm 100 of President Bush's 
nominees, including several who were divisive an controversial, several 
who had mixed peer review ratings from the ABA and at least one who had 
been rated not qualified. Despite the additional 40 vacancies that 
arose, we reduced judicial vacancies to 60, a level below that termed 
``full employment'' on the federal judiciary by Senator Hatch.
  Since the beginning of this year, in spite of the fixation of the 
Republican majority on the President's most controversial nominations, 
we have worked hard to reduce judicial vacancies even further. As of 
today, the number of judicial vacancies is at 47. That is the lowest it 
has been in several years. That is lower than it ever was allowed to go 
at any time during the entire eight years of the Clinton 
administration. We have already reduced judicial vacancies from 110 to 
47, in less than two years. We have reduced the vacancy rate from 12.8 
percent to 5.6 percent, the lowest it has been since 1990. With some 
cooperation from the administration think of the additional progress we 
could be making.
  The President promised to be a uniter not a divider, but he has 
continued to send us judicial nominees that divide our Nation and, in 
the case of Miguel Estrada, he has even managed to divide Hispanics 
across the country. The nomination and confirmation process begins with 
the President, and I urge him to work with us to find a way forward to 
unite, instead of divide, the Nation on these issues.
  Republican talking points will likely focus on the impasse on two of 
the most extreme of the President's nominations rather than 123 
confirmations and the lowest judicial vacancy rate in 13 years. They 
will ignore their own recent filibusters against President Clinton's 
executive and judicial nominees in so doing.
  What is unprecedented about the Estrada matter is that the 
administration and Republican leadership have

[[Page S5757]]

shown no willingness to be reasonable and accommodate Democratic 
Senators' request for information traditionally shared with the Senate 
by past administrations. That we have endured numerous cloture votes is 
an indictment of Republican intransigence on this matter, nothing more. 
What is unprecedented is that there has been no effort on the 
Republican side to work this matter out, as these matters have always 
been worked out in the past. What is unprecedented is that the 
Republican insistence to schedule cloture vote after cloture vote 
without first resolving the underlying problem caused by the 
administration's inflexibility.
  What is unprecedented about the Owen nomination is that it was made 
at all. Judge Owen had a fair hearing and was given fair consideration 
for the Judicial Committee last year. We proceeded is spite of the fact 
that the Republican majority had refused to proceed with any 
of President Clinton's Fifth Circuit nominees during his last 4-year 
term. Never before in our history has a President renominated for the 
same vacancy someone voted down by the Judiciary Committee.

  From 1995 through the summer of 2001, the Republican majority 
averaged only 38 confirmations a year with only seven to the Courts of 
Appeals. That explains why Federal judicial vacancies rose from 63 to 
110 on the Republican watch and circuit vacancies more than doubled 
from 16 to 33. Of course, during those years there were no Republican-
led hearings calling for prompt action or fair consideration of 
President Clinton's moderate judicial nominees. To the contrary, 
Senator Ashcroft held hearings designed to justify the slowdown. 
Senator Ashcroft and others perfected the practice of using anonymous 
holds both in committee and on the floor so that judicial nominees were 
stalled for months and years without consideration. Scores of nominees 
never received hearings, at least 10 who received hearings never 
received committee consideration and those who were ultimately 
considered often were delayed months and years.
  Beginning in July 2001, Democrats started bringing accountability and 
openness to the process. In the 17 months of the Democratic Senate 
majority we held more hearings on more judicial nominees, held more 
Committee votes and more Senate votes than before. We were able 
virtually to double the pace and productivity of the process. We did 
away with the secrecy of the ``blue slip'' and the anonymous hold. We 
considered President Bush's nominees fairly, responsibly and in those 
17 months confirmed 100 of this President's nominees. We reversed the 
destructive trends with respect to the number of vacancies and length 
of time that nominees had to wait to be considered. While we could not 
consider all nominations simultaneously, we considered more, more 
quickly than in the preceding years. The Democratic majority inherited 
110 judicial vacancies including a record 33 to the circuit courts. By 
December 2002, we were able through hard work to outpace the 40 
additional vacancies that had arisen and reduce the remaining vacancies 
to 60, including 25 to the circuit courts. We have continued to 
cooperate and today the remaining vacancies number 47, including 20 on 
the circuit courts. This is the lowest vacancy number and lowest 
vacancy rate in 13 years.
  Senator Hatch used to say, when President Clinton was nominating 
moderates to more than 100 vacancies, that there was no vacancies 
crisis. He used to say that he considered 67 vacancies to be ``full 
employment'' on the Federal judiciary. Today we are well short of 100 
vacancies and well beyond what he used to term ``full employment'' with 
47 vacancies. Today I expect the Senate to consider and confirm both 
Judge Cecilia Altonaga, who will be the first Cuban-American woman to 
serve on the Federal judiciary, and Patricia Minaldi, and thereby bring 
the remaining vacancies down to 47. The Committee continues to report 
nominations to fill additional vacancies, as well as, with another 
hearing scheduled for tomorrow.
  This is not to say that our work is done. Last week, with the help 
and hard work of the Senate Leadership we were able to make additional 
progress. Last Wednesday, Majority Leader Frist  used that word 
``progress'' to describe how we have been able to resolve complications 
caused by the manner in which these nominations were forced through the 
Judiciary Committee. Last Thursday, I thanked the majority leader and 
the Democratic leader and others for their efforts in this regard and 
for working with us to bring the nomination of Judge Edward Prado to a 
vote without further, unnecessary delay.

  Yesterday, the Senate debated and voted on the nomination of Deborah 
Cook to the Sixth Circuit. She is the fourth nominee of President Bush 
to be confirmed to the Sixth Circuit in less than 2 years. During the 
entire second term of President Clinton, the Republican majority would 
not hold hearings or consider a single one of President Clinton's 
nominees to the Sixth Circuit--not Judge Helene White, not Kathleen 
McCree Lewis, not Professor Kent Markus. Nonetheless, while I was chair 
of the Judiciary Committee we proceeded to consider and confirm two 
conservative nominees of President Bush to the Sixth Circuit and this 
year the Senate has proceeded to confirm two more.
  The work of the Senate would be more productive if this 
administration were more interested in filling vacancies with 
qualified, consensus nominees rather than packing the federal courts 
with activist judges. The nominations and confirmation process begins 
with the President. Far from being someone who has sought consensus and 
to unite us on judicial nominees, this President has used judicial 
nominees as a partisan weapon and sought sharply to tilt the courts 
ideologically. That is unfortunate. Some of us have urged another 
course, a course of cooperation and conciliation, but that is not the 
path this administration has chosen. Yet, in spite of the historically 
low level of cooperation from the White House, the Senate has already 
confirmed 123 of President Bush's judicial nominees, including some of 
the most divisive and controversial sent by any President.
  Last week, the Senate proceeded to a vote on the nomination of 
Jeffrey Sutton to the Sixth Circuit. He received the fewest number of 
favorable votes of any nominee in almost 20 years with 52. He is the 
third controversial judicial nominee of this President against whom 
more than 40 negative votes were cast, yet those three nominees were 
not stalled and not subjected to a filibuster.
  Our Senate leadership, both Republican and Democratic, have worked to 
correct some of the problems that arose from some of the earlier 
hearings and actions of this committee. Last week, we were able to hold 
a hearing on the nomination of John Roberts to the District of Columbia 
Circuit. We are all working hard to complete committee consideration of 
that nomination at the earliest opportunity. Thus, a number of 
additional, controversial nominations are in the process of being 
considered and will be considered by the Senate in due course.
  My point is to underscore that we have made and are making real 
progress from the thoroughgoing obstruction from 1996 until 2001. While 
``the glass is not full,'' it is more full than empty and more has been 
achieved than some want to acknowledge. One hundred and twenty-three 
lifetime confirmations in less than 2 years is better than any 2-year 
period from 1995 through 2000. We have reduced judicial vacancies to 
47, which is the lowest number and lowest vacancy percentage in 13 
years. During the entire eight-year term of President Clinton it was 
never allowed by Republicans to get that low. We have made tremendous 
progress. These achievements have not been easy.

  The administration has chosen confrontation with the Congress, with 
the Senate and with this Committee. We are now proceeding at three to 
four times the pace Republicans maintained in reviewing President 
Clinton's judicial nominees. We have reached the point where this 
Committee and the Senate are often moving too fast on some nominations 
and we risk becoming a racing conveyor belt that rubber stamps rather 
than examines these lifetime appointments. Democrats have worked hard 
to repair the damage to the confirmation process and achieved 
significant results. Republicans seem merely results oriented and 
interested in ideological domination of the federal courts.
  As Republicans turn their guns on the propriety of the filibuster in 
connection with judicial nominations, I

[[Page S5758]]

trust the Republican majority will not overlook the precedent on this 
question. Republicans not only joined in the filibuster of Abe Fortas 
to be Chief Justice of the United States Supreme Court, they joined in 
the filibuster of Stephen Breyer to the First Circuit, Judge Rosemary 
Barkett to the Eleventh Circuit, Judge H. Lee Sarokin to the Third 
Circuit, and Judge Richard Paez and Judge Marsha Berzon to the Ninth 
Circuit. The truth is that filibusters on nominations and legislative 
matters and extended debate on judicial nominations, including circuit 
court nominations, have become more and more common on the initiative 
of Republicans working against Democratic nominees. Now that a 
Republican President, intent on packing the courts with ideologues, has 
seen two nominees delayed by filibusters, and even though the other 123 
judges he nominated have been confirmed, partisans want to change the 
rules to make it easier for this President to get his way.
  Of course, when they are in the majority Republicans have more 
successfully defeated nominees by refusing to proceed on them and have 
not publicly explained their actions, preferring to act in secret under 
the cloak of anonymity. From 1995 through 2001, when Republicans 
previously controlled the Senate majority, Republican efforts to defeat 
President Clinton's judicial nominees most often took place through 
inaction and anonymous holds for which no Republican Senator could be 
held accountable. Republicans held up almost 80 judicial nominees who 
were not acted upon during the Congress in which President Clinton 
first nominated them and eventually defeated more than 50 judicial 
nominees without a recorded Senate vote of any kind, just by refusing 
to proceed with hearings and Committee votes. These are just the sorts 
of stealth tactics Democrats have rejected.
  Beyond judicial nominees, Republicans also filibustered the 
nomination of Executive Branch nominees. They successfully filibustered 
the nomination of Dr. Henry Foster to become Surgeon General of the 
United States in spite of two cloture votes in 1995. Dr. David 
Satcher's subsequent nomination to be Surgeon General also required 
cloture, but he was successfully confirmed.
  Other Executive Branch nominees who were filibustered by Republicans 
included Walter Dellinger's nomination to be Assistant Attorney 
General. Two cloture petitions were required to be filed on that 
nomination and both were rejected by Republicans. We were able finally 
to obtain a confirmation vote for Professor Walter Dellinger after 
significant efforts and he was confirmed to be Assistant Attorney 
General with 34 votes against him. He was never confirmed to his 
position as Solicitor General because Republicans had made clear their 
opposition to him. In addition, in 1993, Republicans objected to a 
number of State Department nominations and even the nomination of Janet 
Napolitano to serve as the U.S. Attorney for Arizona, resulting in more 
cloture petitions. In 1994, Republicans successfully filibustered the 
nomination of Sam Brown to be an Ambassador. After three cloture 
motions were filed, his nomination was returned to President Clinton 
without Senate action. Also in 1994, two cloture motions were required 
to get a vote on the nomination of Derek Shearer to be an ambassador. 
And it likewise took two cloture motions to get a vote on the 
nomination of Ricki Tigert to chair the FDIC. So when Republican 
Senators now talk about the Senate Executive Calendar and Presidential 
nominees, they must be reminded that they recently filibustered many, 
many qualified nominees.
  Filibusters should be and are rare. That there are two this year is a 
direct result of the strategy of confrontation sought by the White 
House and Senate Republicans. The administration holds the key to 
ending the Estrada impasse, as it has for the last year. It should 
cooperate with the Senate and provide access to his work papers, 
following the example set by all previous Republican and Democratic 
administrations. The renomination of Judge Owen was most ill-advised 
and unprecedented. Her nomination had already been rejected after fair 
hearings and thorough debate and a Committee vote last year. Some 
apparently want to rewrite the rules so that this President can have 
every nominee confirmed, no matter how divisive and controversial, by 
the Republican Senate majority.
  Recently, I heard a respected Republican and senior advisor to the 
majority leader describe cloture as ``the fulcrum on which you balance 
the rights of the individual and the rights of the institution.'' He 
explained how important the rights of the minority party are in the 
Senate and how Senate rules are deliberately constructed to reflect 
that and protect the minority. That Republicans are now intent on 
rewriting longstanding Senate rules shows just how partisan and ends-
oriented they have become.
  The President promised to be a uniter not a divider, but he has 
continued to send us judicial nominees that divide our Nation. He has 
even managed to divide Hispanics across the country with the nomination 
of Mr. Estrada. He has managed to outrage disabled individuals by his 
nomination of Jeffery Sutton. The nomination and confirmation process 
begins with the President. I, again, urge him to work with us to 
identify and nominate qualified, consensus, mainstream nominees who all 
Americans can be confident will be fair and impartial and to abandon 
his ideological court-packing scheme.
  Mr. President, am I correct that at 2:30 p.m. the vote is to take 
place?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. LEAHY. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Shall the Senate advise and consent to the 
nomination of Cecilia M. Altonaga, of Florida, to be United States 
District Judge for the Southern District of Florida?
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. I announce that the Senator from Tennessee (Mr. 
Alexander) and the Senator from Alaska (Ms. Murkowski) are necessarily 
absent.
  Mr. REID. I announce that the Senator from Washington (Ms. Cantwell), 
the Senator from Minnesota (Mr. Dayton), the Senator from Florida (Mr. 
Graham), the Senator from Massachusetts (Mr. Kerry), the Senator from 
Connecticut (Mr. Lieberman), the Senator from Georgia (Mr. Miller), and 
the Senator from Washington (Mrs. Murray) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Minnesota (Mr. Dayton) and the Senator from Massachusetts (Mr. Kerry) 
would each vote ``aye.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 91, nays 0, as follows:

                      [Rollcall Vote No. 141 Ex.]

                                YEAS--91

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Bunning
     Burns
     Byrd
     Campbell
     Carper
     Chafee
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Corzine
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hollings
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Nelson (FL)
     Nelson (NE)
     Nickles
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner
     Wyden

                             NOT VOTING--9

     Alexander
     Cantwell
     Dayton
     Graham (FL)
     Kerry
     Lieberman
     Miller
     Murkowski
     Murray
  The nomination was confirmed.
  The PRESIDING OFFICER (Mr. Sununu). Under the previous order, the 
President shall be immediately notified of the Senate's action.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)

[[Page S5759]]

                            vote explanation

 Ms. CANTWELL. Mr. President, I have the great honor of being 
in Washington State today in order to welcome home the USS Lincoln. 
After a 10-month deployment, including valuable service in the recent 
war against Iraq, the men and women of the USS Lincoln finally reach 
Everett and Washington today. Unfortunately in order to be present for 
this important homecoming in my State it was necessary for me to miss 
the vote on the confirmation of Cecilia Altonaga to the Federal 
District Court for the Southern District of Florida. If I had been 
present, I would have voted ``yea'' to confirm Cecilia 
Altonaga.

                          ____________________