[Congressional Record Volume 150, Number 72 (Thursday, May 20, 2004)]
[Senate]
[Pages S5926-S5929]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE SESSION
______
RAYMOND W. GRUENDER, OF MISSOURI, TO BE UNITED STATES CIRCUIT JUDGE FOR
THE EIGHTH CIRCUIT
______
FRANKLIN S. VAN ANTWERPEN, OF PENNSYLVANIA, TO BE UNITED STATES CIRCUIT
JUDGE FOR THE THIRD CIRCUIT
The PRESIDING OFFICER (Mr. Coleman). Under the previous order, the
Senate will now go into executive session. The clerk will report the
nominations.
The legislative clerk read the nominations of Raymond W. Gruender, of
Missouri, to be United States Circuit Judge for the Eighth Circuit, and
Franklin S. Van Antwerpen, of Pennsylvania, to be United States Circuit
Judge for the Third Circuit.
The PRESIDING OFFICER. There is 15 minutes of debate evenly divided.
Who yields time?
Mr. ALLARD. Mr. President, I suggest the absence of a quorum, and I
ask unanimous consent that the time be equally counted on both sides.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, shortly we are going to be voting on the
nomination of Raymond Gruender to be United States Circuit Judge for
the Eighth Circuit Court of Appeals.
I want to tell my colleagues this is one of the finest young men I
know. He worked his way through Washington University, getting an MBA
and a law degree in 6 years while working full time to support himself.
His personal story is a very touching one, with very significant
difficulties which he overcame.
He served as an assistant U.S. Attorney under Republican and
Democratic administrations.
He has been in private practice of law and has tried cases in
district courts--criminal and a wide range of civil cases.
He served as an appellate lawyer.
Most recently, he has been U.S. Attorney for the Eastern District of
Missouri.
I can assure you this is a man who will bring not only integrity,
legal skills, and judicial knowledge to the Eighth Circuit, but he is a
person of great human understanding and intellect. He will be a
pleasure to appear before.
We can be proud the President has nominated a man who has such great
respect among the bar in the Eastern District of Missouri and law
enforcement personnel, as well as plaintiffs' and defendants'
attorneys.
I urge my colleagues to vote for Raymond Gruender.
Mr. HATCH. Mr. President, I rise today to express my strong support
for the confirmation of Raymond W. Gruender, who has been nominated to
the U.S. Court of Appeals for the Eighth Circuit.
Our nominee has ideal qualifications for the Federal bench. An honors
graduate of Washington University School of Law, Mr. Gruender has
nearly ten years of experience as a trial attorney in private practice
along with a solid record in public service. He joined the U.S.
Attorney's Office for the Eastern District of Missouri as an Assistant
U.S. Attorney in 1990, specializing in white collar and economic
crimes, including fraud and corruption cases.
Mr. Gruender has the bipartisan support of the Missouri legal
community, including: Senators Bond and Talent; Edward L. Down, Clinton
appointed U.S. Attorney for the Eastern District of Missouri; Lee
Lawless, First Assistant Federal Public Defender for the Eastern
District of Missouri; Howard Shalowitz, President of the Bar
Association of Metropolitan St. Louis; Joseph Mokwa, Chief of Police of
City of St. Louis; and Dean Joel Seligman, Washington University in St.
Louis School of Law.
In 2000, Mr. Gruender returned to the U.S. Attorney's Office in the
Eastern District of Missouri, and specialized in fraud and corruption
prosecution. A year later, he was unanimously confirmed as the United
States Attorney for the Eastern District of Missouri, where he manages
both the civil and criminal litigation handled by the office, as well
as overseeing the administration of the office, which includes 60
attorneys. Mr. Gruender and his office have been active in helping to
reduce violent crime in the St. Louis area. He has also been a leader
in strengthening our nation's readiness in the war on terror.
Mr. Gruender also believes in giving back to his community, and in
addition to devoting a significant amount of his career to public
service, he has been very active in civic affairs. He has volunteered
his time on domestic violence issues, serving at various times as
President of the Board of Directors, Vice President, and Secretary of
Alternatives to Living in Violent Environments, ALIVE. ALIVE is a not-
for-profit organization dedicated to eliminating domestic violence. He
also serves as a volunteer on the Allocations Committee of the Variety
Club of St. Louis, which raises and distributes funds to disadvantaged
and disabled children.
Raymond W. Gruender III has a fine background, which will serve him
well as a circuit court judge. He will be a terrific addition to the
Court, and I urge my colleagues to join me in supporting his
nomination.
Mr. LEAHY. Mr. President, earlier this week, we were able to obtain a
firm commitment from the White House that there would be no further
judicial recess appointments for the remainder of this presidential
term. That undertaking led immediately and directly to the Senate
vitiating a cloture vote and proceeding to confirm the nomination of
Marcia Cooke to the federal bench in Florida. Today we debate and vote
on the nomination of Raymond Gruender to the Eighth Circuit.
Thus, despite the pessimism expressed by some last week, I continued
working to conclude an arrangement between the White House and the
Senate that would allow additional progress on judicial confirmations.
Working with Senator Daschle, Senator Frist, Judge Gonzales and the
White House chief of staff Andy Card, we were able to reach an
agreement on Tuesday. I again commend our two leaders. I have been
working with Senator Daschle for months, as well as with the White
House, to find a way out of the impasse in judicial confirmations.
Senator Frist and I have spoken at length about this, and he has been
working on that, too. I was delighted to see the meeting of Senator
Daschle, Senator Frist, and Mr. Card finally take place this week. Most
importantly, I was pleased that the White House agreed to no more
recess appointments of judges.
I think we have demonstrated our good faith. In the 17 months that
the Democrats were in charge of the Senate, we confirmed 100 of
President Bush's nominees to lifetime positions on the federal bench.
And the Republicans, during the 23 months that they have been in charge
of the Senate, have now confirmed another 74. With the consideration of
the Gruender nomination today, that total reaches 75.
This is the 75th confirmation for 2003 and 2004, of the 108th
Congress. That matches the total for the entire two-year 1995-1996
period in which Republicans controlled the 104th Congress and exceeds
the total for the entire two-year 1999-2000 period in which Republicans
controlled the 106th Congress. Of course in those years Senate
Republicans were reviewing President Clinton's judicial nominees.
Further, with 175 confirmations, we will have matched the total
confirmation for the most recent 4-year Presidential term 1997-2000.
It is significant that this is the first circuit court nomination the
Senate will have considered this Presidential election year. The last
time a President ran for reelection was 1996. During that session, with
the Republican majority controlling the Senate agenda not a single
circuit court nominee was considered. Accordingly, when the Senate acts
to confirm the first circuit court nominee this year, we will have
bested the total for the entire 1996 session.
I am pleased that the Senate has received assurances from the White
House that the President will not further abuse the recess appointment
[[Page S5927]]
power by making recess appointments during the remainder of his
presidential term. It was the White House's refusal to reach a
reasonable accommodation of the concerns of many Senators about the
unilateral approach of the President's recess appointments to the
federal courts that complicated our efforts to reach an agreement
regarding votes on judicial nominees over the past few months. That is
demonstrated by the prompt vote and confirmation of Judge Cooke Tuesday
afternoon. I was pleased to be able to help facilitate the end of that
impasse.
And now we are set to vote on another candidate, the nomination of
Raymond Gruender to the U.S. Court of Appeals for the Eighth Circuit.
While some have mischaracterized the nominees included in this week's
agreement as ``noncontroversial,'' they in fact include a number who
will require debate and they will each require a roll call vote
Unfortunately, Mr. Gruender is another nominee whose record raises
concerns, just as have the records of far too many of President Bush's
judicial nominees. Mr. Gruender, though only 40 years old, has been a
member of the Federalist Society since 1988 and has played a lead role
in many national Republican campaigns. For the past two years, Mr.
Gruender has served as the U.S. Attorney for the Eastern District of
Missouri. In this capacity, he has been a vocal defender of Attorney
General John Ashcroft's aggressive and controversial tactics.
He has also been critical of a city that passed a resolution
reaffirming the importance of civil liberties in the fight against
terrorism. He claimed that the resolution, which aimed to protect
freedom of speech, assembly, privacy and due process, is ``putting
lives in jeopardy and increasing the chances for terrorists to be
successful.'' Mr. Gruender stood by these statements and his criticisms
of the resolution at his hearing.
Despite his activities applying the PATRIOT Act as a U.S. Attorney
and his public pronouncements about its provisions, Mr. Gruender stated
in his answers to my written questions that he has ``not formed or
expressed any opinions with respect to the constitutionality of any
provisions of the PATRIOT Act'' and would, if confirmed, protect each
citizen's civil rights and civil liberties.
I do hope that, if confirmed, Mr. Gruender will be a person of his
word. I hope he will be fair and open-minded, and listen to all
arguments involved in such cases. I hope he would not seek to decide
cases in accordance with his partisan or personal beliefs rather than
in accordance with the law. I also must note that, while he was candid
about some of his activities, Mr. Gruender failed to directly answer
several questions that I asked him in writing after his hearing,
questions that would enable me to fully evaluate his qualifications for
a lifetime appointment on the federal bench.
Just as a nominee last year attempted to stonewall Committee Members
by not answering questions in a forthright manner, so Mr. Gruender
avoided answering some of my questions by claiming that he could not
express his views on the issues without a complete factual record and
the benefit of the ``deliberative process.'' For example, Mr. Gruender
refused to express his opinion about Congress's power under the
Commerce Clause, Section 5 of the Fourteenth Amendment, or the 10th or
11th Amendments. This is a timid, evasive and useless response. And
many other circuit court nominees of this President have answered the
same questions.
Mr. Gruender does, however, have the support of both of his home-
State Senators and has served both as prosecutor and a defense
attorney.
I am hopeful that he will be open-minded on the bench and will act as
he says he will, that he will follow the law and not seek out
opportunities to overturn precedent or decide cases in accord with his
political beliefs rather than his obligations as a judge. I also
sincerely hope that Mr. Gruender will treat all those who appear before
him with respect and courtesy and will not abuse the power and trust of
his position.
For the last three and one-half years, I have urged President Bush to
work with us. Our proceeding today on this nomination demonstrates our
going the extra mile.
I would note that President Clinton's nomination of Bonnie Campbell
to this court was blocked--by a secret Republican hold--from ever
getting Committee or Senate consideration. By contrast, the Senate has
already confirmed four of President Bush's nominees to this circuit:--
William Riley, Michael Melloy, and Lavenski Smith were confirmed while
Democrats held the majority, and, last year, Steven Colloton was
confirmed to this court, as well. Mr. Gruender makes the fifth.
With his confirmation, Republican appointees on the Eighth Circuit
Court of Appeals will outnumber Democratic appointees by four to one.
There will be eight active Republican-appointed judges and only two
active Democratic-appointed judges. And there is one more vacancy on
this court which President Bush intends to fill with another
conservative nominee.
I would note for my friends on the other side of the aisle--who
consistently rebuke the Ninth Circuit Court of Appeals as being ``too
liberal'' because 60 percent of the judges are Democratic appointees--
that the scales are tipped much farther the other way on the Eighth
Circuit. With Democratic cooperation in confirming five of President
Bush's nominees to the Eighth Circuit, Republican appointees now occupy
80 percent of the authorized seats on that court.
I congratulate Mr. Gruender and his family on his confirmation today.
Mr. TALENT. Mr. President, United States Attorney Ray Gruender has
had a distinguished career as a public servant and practicing attorney.
He is an outstanding and highly qualified candidate as evidenced by his
professional and academic credentials.
From humble beginnings, Mr. Gruender has risen to the top of the
legal profession. Neither of his parents graduated from high school;
his father painted houses; his mother worked in a factory as a
bookbinder and is now a prison guard. He has worked since age 10 with
his father and he continued to work all through school.
Mr. Gruender obtained three degrees from Washington University in
less than 6 years, all while working and paying his own way through
school. By 1987, he had obtained Bachelor of Science in Business
Administration, Master of Business Administration and Juris Doctoris
degrees. Not only did he work twenty hours per week during the 6 years
in which he obtained these degrees, but he also ranked near the top of
his class in each program. In law school, Mr. Gruender served on the
Washington University Law Quarterly and is a member of The Order of the
Coif. In December 2003, he was awarded an honorary Doctor of Laws
degree by William Woods University in Fulton, Missouri.
Since May 1, 2001, Ray Gruender has served as the United States
Attorney for the Easter District of Missouri. As United States Attorney
he oversees an office of 60 Assistant United States Attorneys actively
engaged in both civil and criminal matters. During his tenure, the
number of Federal firearms prosecutions in his district has increased
dramatically. In 2003, the City of St. Louis experienced 69 homicides,
the first time it had fewer than 100 homicides in more than 40 years.
Prior to serving as the United States Attorney, Mr. Gruender served
as an Assistant United States Attorney--AUSA--between 1990 and 1994 and
again between 2000 and 2001. As an AUSA, he specialized in fraud and
public corruption matters. He was one of the AUSAs who handled the
Second Injury Fund prosecutions involving several lawyers, physicians
and an administrative law judge who were defrauding Missouri's workers'
compensation system.
In addition to his experience as a Federal prosecutor, Mr. Gruender
has spent 9 years in the private practice of law. Between 1987 and
1990, he was an associate with the large St. Louis law firm of Lewis,
Rice and Fingersh. Between 1994 and 2000, he as a partner with Thompson
Coburn, LLP, another large Missouri firm. He has represented both
plaintiffs and defendants in a broad array of civil matters such as
admiralty, antitrust, contracts, employment, securities, fraud, banking
and various torts claims.
He is a member of the Missouri and Illinois bars, the Bar Association
of Metropolitan St. Louis, and has been a member of the Eastern
District of Missouri's Criminal Justice Act Lead Counsel Panel, making
himself available to accept criminal appointments.
[[Page S5928]]
Mr. Gruender also has been active in civil affairs. His numerous
civic contributions include serving as a volunteer on the Allocations
Committee of the Variety Club of St. Louis to help raise and distribute
funds to disadvantaged and disabled children in the St. Louis area. He
also served on the Board of Directors--including as board president
of--ALIVE--Alternatives to Living in Violent Environments--a not-for-
profit entity dedicated to eliminating domestic violence and helping
its victims.
I urge all of my colleagues to vote to confirm Raymond Gruender, of
Missouri, to be U.S. Circuit Judge for the Eighth Circuit.
Mr. BOND. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I yield time for the minority on the judges
matter.
The PRESIDING OFFICER. Without objection, all time is yielded.
The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that there be
4 minutes equally divided between the two votes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. HUTCHISON. Mr. President, have the yeas and nays been asked for?
The PRESIDING OFFICER. They have not.
Mrs. HUTCHISON. I ask for the yeas and nays on the first vote.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is, Will the Senate advise and consent to the nomination
of Raymond W. Gruender, of Missouri, to be United States Circuit Judge
for the Eighth Circuit?
On this question, the yeas and nays have been ordered, and the clerk
will call the roll.
The legislative clerk called the roll.
Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry)
is necessarily absent.
Mr. McCONNELL. I announce that the Senator from Virginia (Mr. Warner)
is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 97, nays 1, as follows:
[Rollcall Vote No. 102 Ex.]
YEAS--97
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Hatch
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Miller
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Wyden
NAYS--1
Harkin
NOT VOTING--2
Kerry
Warner
The nomination was confirmed.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. Mr. President, the nominee for confirmation to the Court
of Appeals for the Third Circuit, Franklin Van Antwerpen, has a very
distinguished academic record. He has been on the bench for 25 years,
12 years on the State court bench in Northampton County and 13 years on
the U.S. District Court for the Eastern District of Pennsylvania. I
thank my colleagues, the leaders, and the chairman and ranking member
of the Judiciary Committee for working out the impasse. He will be an
excellent judge for the Third Circuit.
I yield time to my distinguished colleagues.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SANTORUM. Mr. President, I add my congratulations to Judge Van
Antwerpen. He has been an excellent public servant and distinguished
jurist and will make an excellent contribution to the Third Circuit.
Mr. HATCH. Mr. President, I rise today to express my strong support
for the confirmation of Franklin S. Van Antwerpen, who has been
nominated to the U.S. Court of Appeals for the Third Circuit.
Judge Van Antwerpen is truly an impressive man and has the
enthusiastic support of both Pennsylvania senators, along with a
unanimous ``Well Qualified'' ABA rating.
Judge Van Antwerpen has exceptional qualifications for the Federal
appellate bench. After graduation from Temple University School of Law
in 1967, he worked as an attorney at the Hazeltine Corporation and
served as Chief Counsel of the Northampton Legal Aid Society. He then
spent 9 years in private practice, representing both plaintiffs and
defendants in general litigation matters, with a particular
specialization in municipal law.
In 1979, Judge Van Antwerpen commenced a 25-year career in public
service when he joined the Court of Common Pleas of Northampton County.
He served in this position until 1987, when President Reagan appointed
him United States District Judge for the Eastern District of
Pennsylvania, the position he holds today.
Judge Van Antwerpen has a fine background which will serve him well
as a circuit court judge. He will be a terrific addition to the court,
and I urge my colleagues to join me in supporting his nomination.
The PRESIDING OFFICER. The Senator from Vermont.
Mr. LEAHY. Mr. President, today, in addition to voting on the
nomination of Raymond Gruender, we vote to confirm another circuit
court nominee, Judge Franklin Van Antwerpen to the United States Court
of Appeals for the Third Circuit. A Federal District Court judge since
he was appointed by President Reagan in 1987, Judge Van Antwerpen comes
to the Senate floor strongly supported by the Senior Senator from
Pennsylvania, who I know is eager to see him confirmed.
Today's confirmation will make the 76th judge confirmed this year
alone and the 176th judicial nominee to be confirmed for this
President. With 76 judicial confirmations in just a little more than 16
months, the Senate has now confirmed more Federal judges than were
confirmed during the two full years of 1995 and 1996, when Republicans
first controlled the Senate and President Clinton was in the White
House. It also exceeds the 2-year total for the last 2 years of the
Clinton administration, when Republicans held the Senate. In fact, with
176 total confirmations for President Bush in just 3\1/2\ years, the
Senate has confirmed more lifetime appointees for this president than
were allowed to be confirmed in President Clinton's entire second term,
the most recent 4-year presidential term. We have already surpassed the
number of judicial confirmations won by President Reagan in his entire
first term in office.
The confirmation of Judge Van Antwerpen also marks the second circuit
court nominee confirmed for President Bush this year, which is double
the number of circuit court nominees confirmed in all of 1996, the last
time a president was running for reelection and Republicans refused to
allow a single circuit court nominee of President Clinton to be
confirmed all year. Today we confirm the 32nd circuit court nominee of
President Bush, which is more circuit court confirmations than in all 4
years of President Clinton's first term in the White House.
A look at the Federal judiciary in Pennsylvania demonstrates yet
again that President Bush's nominees have been treated far better than
President Clinton's and shows dramatically how Democrats have worked in
a bipartisan way to fill vacancies, despite the fact that Republicans
blocked more than 60 of President Clinton's judicial nominees. With
this confirmation, 16 of
[[Page S5929]]
President Bush's nominees to the Federal courts in Pennsylvania will
have been confirmed, more than for any other State except California.
With this confirmation, President Bush's nominees will make up 16 of
the 41 active Federal circuit and district court judges for
Pennsylvania--that is more than one third of the Pennsylvania Federal
bench. With the additional four Pennsylvania district court nominees
pending on the floor and likely to be confirmed soon, nearly half of
the district court seats in Pennsylvania will be held by President
Bush's appointees. Republican appointees will outnumber Democratic
appointees by nearly two to one.
This is in sharp contrast to the way vacancies in Pennsylvania were
left unfilled during Republican control of the Senate when President
Clinton was in the White House. Although Republicans now decry
Democratic filibusters of a mere handful of the most extreme nominees,
Republicans denied votes to nine district and one circuit court
nominees of President Clinton in Pennsylvania alone. Despite the
efforts and diligence of the senior Senator from Pennsylvania, Mr.
Specter, to secure the confirmation of all of the judicial nominees
from every part of his home State, there were ten nominees by President
Clinton to Pennsylvania vacancies who never got a vote. Despite how
well-qualified these nominees were, many of their nominations sat
pending before the Senate for more than a year without being
considered. Such obstruction provided President Bush with a significant
opportunity to shape the bench according to his partisan and
ideological goals.
Recent news articles in Pennsylvania have highlighted the way that
President Bush has been able to reshape the Federal bench in
Pennsylvania. For example, the Philadelphia Inquirer, on November 27,
2003, said that the significant number of vacancies on the Pennsylvania
courts ``present Republicans with an opportunity to shape the judicial
makeup of the court for years to come.''
Democratic support for the confirmation of Franklin Van Antwerpen is
yet another example of our extraordinary cooperation despite an
uncompromising White House and the record of how President Clinton's
Pennsylvania nominees fared under Republican control in the Senate. In
contrast to many of President Bush's nominees, Judge Van Antwerpen
comes to us with a distinguished and widely acclaimed career on the
bench--both on the State and Federal levels. He was rated unanimously
well-qualified by the American Bar Association and has the respect of
his peers on the bench and of the attorneys who appear before him. He
is the kind of nominee this President and my Republican colleagues
should be looking for as we fulfill our constitutional duty of
appointing members to the Federal judiciary--an independent branch of
the government.
I congratulate Judge Van Antwerpen and his family on his confirmation
today.
The PRESIDING OFFICER. All time is yielded back.
The question is, Will the Senate advise and consent to the nomination
of Franklin S. Van Antwerpen, of Pennsylvania, to be United States
Circuit Judge for the Third Circuit?
Mr. LEAHY. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second. The clerk will call the roll.
The bill clerk called the roll.
Mr. McCONNELL. I announce that the Senator from Texas (Mrs.
Hutchison) and the Senator from Alabama (Mr. Sessions) are necessarily
absent.
Mr. REID. I announce that the Senator from Massachusetts (Mr. Kerry)
and the Senator from Georgia (Mr. Miller) are necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 96, nays 0, as follows:
[Rollcall Vote No. 103 Ex.]
YEAS--96
Akaka
Alexander
Allard
Allen
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bunning
Burns
Byrd
Campbell
Cantwell
Carper
Chafee
Chambliss
Clinton
Cochran
Coleman
Collins
Conrad
Cornyn
Corzine
Craig
Crapo
Daschle
Dayton
DeWine
Dodd
Dole
Domenici
Dorgan
Durbin
Edwards
Ensign
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Graham (FL)
Graham (SC)
Grassley
Gregg
Hagel
Harkin
Hatch
Hollings
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
McCain
McConnell
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Nickles
Pryor
Reed
Reid
Roberts
Rockefeller
Santorum
Sarbanes
Schumer
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Talent
Thomas
Voinovich
Warner
Wyden
NOT VOTING--4
Hutchison
Kerry
Miller
Sessions
The nomination was confirmed.
Mr. WARNER. Mr. President, I move to reconsider the vote.
Mr. LEVIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________