[Congressional Record Volume 151, Number 70 (Tuesday, May 24, 2005)]
[Senate]
[Page S5817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the hour of 12 
o'clock having arrived, pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will report.
  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. 71, the nomination of Priscilla Owen, of Texas, 
     to be United States Circuit Judge for the Fifth Circuit.
         Bill Frist, Arlen Specter, Trent Lott, Lamar Alexander, 
           Jon Kyl, Jim Talent, Wayne Allard, Richard G. Lugar, 
           John Ensign, C.S. Bond, Norm Coleman, Saxby Chambliss, 
           James Inhofe, Mel Martinez, Jim DeMint, George Allen, 
           Kay Bailey Hutchison, John Cornyn.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Priscilla Richman Owen, of Texas, to be United States 
Circuit Judge for the Fifth Circuit Court of Appeals, shall be brought 
to a close? Under the rule, the yeas and nays are mandatory. The clerk 
will call the roll.
  Mr. LEVIN. Parliamentary inquiry.
  The PRESIDING OFFICER. The Senator from Michigan.
  Mr. LEVIN. Under the rules and precedents of the Senate, how many 
votes are required to invoke cloture and end debate on the pending 
nomination?
  The PRESIDING OFFICER. Three-fifths of the Senators duly chosen and 
sworn.
  The clerk will call the roll.
  Mr. LEVIN. Is there an answer to my parliamentary inquiry?
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURKIN. I announce that the Senator from Hawaii (Mr. Inouye) is 
necessarily absent.
  The PRESIDING OFFICER (Mr. Burr). Are there any other Senators in the 
Chamber desiring to vote?
  The yeas and nays resulted--yeas 81, nays 18, as follows:

                      [Rollcall Vote No. 127 Ex.]

                                YEAS--81

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Durbin
     Ensign
     Enzi
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johnson
     Kohl
     Kyl
     Landrieu
     Leahy
     Lieberman
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Mikulski
     Murkowski
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Schumer
     Sessions
     Shelby
     Smith (OR)
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                                NAYS--18

     Biden
     Boxer
     Cantwell
     Corzine
     Dayton
     Dodd
     Dorgan
     Feingold
     Jeffords
     Kennedy
     Kerry
     Lautenberg
     Levin
     Lincoln
     Murray
     Reed
     Sarbanes
     Stabenow

                             NOT VOTING--1

       
     Inouye
       
  The PRESIDING OFFICER. On this vote, the yeas are 81, the nays are 
18. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.

                          ____________________