[Congressional Record Volume 153, Number 133 (Monday, September 10, 2007)]
[Senate]
[Pages S11285-S11289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF WILLIAM LINDSAY OSTEEN, JR., TO BE UNITED STATES DISTRICT 
            JUDGE FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

                                 ______
                                 

NOMINATION OF MARTIN KARL REIDINGER, TO BE UNITED STATES DISTRICT JUDGE 
               FOR THE WESTERN DISTRICT OF NORTH CAROLINA

                                 ______
                                 

NOMINATION OF JANIS LYNN SAMMARTINO, TO BE UNITED STATES DISTRICT JUDGE 
                FOR THE SOUTHERN DISTRICT OF CALIFORNIA

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to executive session to consider the following 
nominations en bloc, which the clerk will report.
  The assistant legislative clerk read the nominations of William 
Lindsay Osteen, Jr., of North Carolina, to be United States District 
Judge for the Middle District of North Carolina; Martin Karl Reidinger, 
of North Carolina, to be United States District Judge for the Western 
District of North Carolina; and Janis Lynn Sammartino, of California, 
to be United States District Judge for the Southern District of 
California.
  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be 60 minutes of debate equally divided between the Senator 
from Vermont and the Senator from Pennsylvania.
  The Senator from Vermont.
  Mr. LEAHY. Mr. President, I understand the Senator from North 
Carolina is on the floor and wishes to speak. Obviously, I will yield 
her more time if she wants, but I ask unanimous consent that she be 
yielded 10 minutes out of the time reserved for the distinguished 
senior Senator from Pennsylvania, Mr. Specter.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

[[Page S11286]]

  The Senator from North Carolina is recognized.
  Mrs. DOLE. Mr. President, today the Senate has the opportunity to 
confirm, for district judgeships, William Osteen, Jr. and Martin K. 
Reidinger, two of North Carolina's most talented and capable legal 
minds. Both of these men have impeccable credentials, a keen sense of 
justice and a strong desire to serve. I am fully confident that Bill 
and Martin would serve the people of my home State with great honor and 
distinction as members of the Federal judiciary.
  I am delighted to support Bill Osteen, to serve as a judge for the 
Middle District. With deep roots in North Carolina, Bill received his 
education at the University of North Carolina at Chapel Hill, and has 
practiced law in the State for the past two decades. In 2004 and 2005, 
Business North Carolina included him in its Legal Elite--the cream of 
the crop, selected not by the editors of the magazine but by State bar 
colleagues.
  Bill has broad experience in both criminal and civil litigation. As 
we all know, criminal cases make up a substantial and increasingly 
large portion of a Federal district judge's docket, and Bill is well 
equipped to handle this important aspect of the job. He estimates that 
he has served as the counsel of record in more than 100 Federal 
criminal cases. Bill also knows his way around a courtroom. In an age 
when most cases are resolved through settlement or plea agreement, Bill 
has taken over 30 cases to trial. On the strength of this experience, I 
have no doubt that he will be able to make the transition to district 
judge without missing a beat.
  In addition to a distinguished professional life, Bill also has a 
very full personal life. He is a dedicated family man to his wife 
Elizabeth and their two children, Anne Bennett and Bill, and he is a 
man of faith, actively involved in the First Presbyterian Church of 
Greensboro. It is also notable that Bill has been nominated to succeed 
his father to this seat. Bill's father, William Osteen, Sr., has served 
the Middle District with great distinction and it is a rare and 
remarkable feat that a son has the opportunity to serve in his father's 
onetime place on the bench. And let me add that Bill's mother, Joanne, 
has been a treasured friend since our Duke days together. I know the 
Osteens are very proud of their son and I am honored to highlight 
Bill's many qualifications here today.
  Another outstanding North Carolinian for the Western District of 
North Carolina, Martin Reidinger, has built quite an impressive record 
of accomplishment over the years. A graduate of the University of North 
Carolina at Chapel Hill, he has practiced law for the past 23 years in 
Asheville with Adams Hendon Carson Crow & Saenger. There he gained vast 
civil litigation experience, handling matters running the gamut from 
employment law to land disputes. He frequently appears in Federal 
courts and has litigated to a verdict or judgment nearly 200 cases over 
the past two decades.
  In addition to his vast professional experience, Martin makes it a 
top priority to give back to his community. He has served as the 
president and secretary-treasurer of the Buncombe County Bar 
Association, and he currently sits on the board of directors for Pisgah 
Legal Services, which provides free, civil legal services to low-income 
people who are unable to afford an attorney. In fact, in 2004, Martin 
accepted the North Carolina State bar's Outstanding Pro Bono Services 
Award for his law firm's commitment to giving back to their community. 
In addition to his extensive public service work, Martin is dedicated 
to his family--his wife Patti and children Heather, Sara, Alex and Max.
  Bill Osteen and Martin Reidinger are vastly qualified to serve on the 
Federal bench. They have earned the admiration of their colleagues and 
peers and support from Senators on both sides of the aisle.
  It was my privilege to recommend these individuals to the president 
for these posts, and I am proud to urge my colleagues to support their 
confirmation today, so they can get to work for the people of North 
Carolina.
  I yield back any remaining time.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I thank the distinguished Senator. I note 
that when we confirm these three nominations today--and I fully 
anticipate we will; I will support them and I know Senator Specter will 
support them--the Senate will have confirmed 29 nominations for 
lifetime appointments by the middle of September this year. That is 7 
more than were confirmed in all of 2005 when the Senate had a 
Republican majority which was considering nominations of this 
Republican President. I mention that because consistently, for the 
Republican President, President Bush, when the Democrats have been in 
charge, we have moved his nominations faster than Republicans have.
  You would not know this, certainly, with some of the rhetoric that 
comes out of the White House; but, you know, sometimes facts get in the 
way of rhetoric. It is a pesky thing.
  Incidentally, there were 12 more confirmations that were achieved 
during the entire 1996 session, when Republicans stalled consideration 
of President Clinton's nominations by pocket-vetoing them. It is 
actually a little-known fact that during the Bush Presidency, more 
circuit judges, more district judges, and more total judges have been 
confirmed in the time we have had Democrats in control and I have been 
chairman, than during the 10 years that either of the two Republican 
chairmen were working with Republican Senate majorities.
  Taking into account today's confirmations, the Administrative Office 
of the U.S. Courts lists 46 judicial vacancies. The President has sent 
us only 24 nominations for these 46 remaining vacancies. Twenty-two of 
these remaining vacancies--almost half--have no nominee. Of the 19 
vacancies deemed by the Administrative Office to be judicial 
emergencies, the President has yet to send us nominees for 8 of them, 
more than a third. Of the 16 circuit court vacancies, 6, more than a 
third, are without a nominee. If the President had worked with the 
Senators from Michigan, Rhode Island, Maryland, California, New Jersey, 
and Virginia, we could be in position to make even more progress.
  Of the 22 vacancies without any nominee, the President has violated 
the timeline he set for himself at least 13 times--13 have been vacant 
without so much as a nominee for more than 180 days. The number of 
violations may in fact be much higher since the President said he would 
nominate within 180 days of receiving notice that there would be a 
vacancy or intended retirement rather than from the vacancy itself. We 
conservatively estimate that he also violated his own rule 11 times in 
connection with the nominations he has made. That would mean that with 
respect to the 46 vacancies, the President is out of compliance with 
his own rule more than half of the time.
  William L. Osteen, Jr., is a partner at the two-person law firm of 
Adams & Osteen in Greensboro, NC, where he has worked for his entire 
legal career. His practice focuses primarily on Federal criminal 
litigation and State civil litigation.
  Martin K. Reidinger is a partner at the Asheville, NC, law firm of 
Adams, Hendon, Carson, Crow & Saenger, where he has worked his entire 
23 year legal career as a civil litigator. His legal practice 
concentrates primarily in the areas of general business litigation, 
land disputes, municipal matters, and employment law.
  Janis L. Sammartino is the presiding judge in the Superior Court of 
San Diego County in California. For 12 years, she served on the State 
trial court bench as a municipal court judge in San Diego, and she 
worked for 18 years as a deputy city attorney in the San Diego City 
Attorney's Office.
  I congratulate the nominees and their families on their confirmations 
today.
  How much time is remaining for the Senator from Vermont?
  The ACTING PRESIDENT pro tempore. The Senator has 5\1/2\ minutes.
  Mr. LEAHY. I thank the distinguished Presiding Officer.
  I see the distinguished Senator from North Carolina and the 
distinguished Senator from Pennsylvania.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I thank the distinguished chairman. We 
have worked harmoniously in a bipartisan way on the Judiciary 
Committee.

[[Page S11287]]

An expression I like to use when we change chairmen: It is a seamless 
transfer of the gavel in a bipartisan way. I join Chairman Leahy in 
asking for the confirmation of the three judicial nominees who are 
pending this morning.
  I start with Janis Lynn Sammartino, who is up for the District Court 
for the Southern District of California, because she was born in 
Philadelphia, PA: magna cum laude from Occidental College in 1972, Phi 
Beta Kappa at that university; law degree from Notre Dame; law clerk to 
a superior court judge in California, Judge Douglas Seely; deputy city 
attorney; judge on the Municipal Court of the City of San Diego; a 
judge on the Superior Court for San Diego for the past 12 years--a very 
distinguished resume. She has a majority ``qualified'' rating from the 
American Bar Association, and some rated her as ``well qualified.'' She 
comes to the floor with the unanimous recommendation of the Judiciary 
Committee.
  Similarly, I urge the confirmation of Martin Karl Reidinger for the 
U.S. District Court for the Western District of North Carolina. He has 
an outstanding academic record: a bachelor's degree from the University 
of North Carolina-Chapel Hill; a law degree with honors from the 
University of North Carolina-Chapel Hill School of Law; Order of the 
Coif, which means top 10 percent academically; North Carolina Law 
Review. He has had an extensive practice with the law firm of Adams 
Hendon Carson Crow & Saenger--associate for 5 years and partner for the 
last 18 years--distinguished qualifications. I think he is well suited 
to become a Federal district court judge.
  Third, I urge the confirmation of William Lindsay Osteen, Jr., for 
the District Court for the Middle District of North Carolina. He has a 
bachelor's degree from the University of North Carolina-Chapel Hill in 
1983 and a law degree from the same university in 1987. He practiced 
law for the last 20 years--first as an associate and later as a 
partner--in Adams & Osteen, and has a distinguished curriculum vitae.
  I ask unanimous consent that the resumes of these three distinguished 
nominees be printed in the Congressional Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 Janis Lynn Sammartino--United States District Judge for the Southern 
                         District of California

       Birth: April 24, 1950, Philadelphia, PA.
       Legal Residence: California.
       Education: A.B., Magna Cum Laude, Occidental College, 1972; 
     Phi Beta Kappa; J.D., University of Notre Dame Law School, 
     1975.
       Employment: Law Clerk, Judge Douglas Seely, Superior Court, 
     St. Joseph County, Indiana, 1975-1976; Deputy City Attorney, 
     San Diego City Attorney's Office, 1976-1994; Judge, Municipal 
     Court of the City of San Diego, 1994-1995; Judge, Superior 
     Court of San Diego County, 1995-Present.
       Selected Activities: Master and President-elect, American 
     Inns of Court, Louis M. Welch Chapter; Member, Association of 
     Business Trial Lawyers of San Diego; Member, National 
     Association of Women Judges; Member, San Diego County Judges 
     Association; Member, California State Bar; Member, San Diego 
     County Bar Association; Member, University of Notre Dame Law 
     School Alumni Association.
       ABA Rating: Majority ``qualified,'' minority ``well-
     qualified.''
                                  ____


  Martin Karl Reidinger--United States District Court for the Western 
                       District of North Carolina

       Birth: December 18, 1958, New Haven, Connecticut.
       Legal Residence: North Carolina.
       Education: B.A., University of North Carolina-Chapel Hill, 
     1981; J.D., with honors, University of North Carolina-Chapel 
     Hill School of Law, 1984; Order of the Coif; North Carolina 
     Law Review, 1983-1984; Jefferson Pilot Foundation Scholar.
       Employment: Associate, Adams Hendon Carson Crow & Saenger, 
     P.A., 1984-1989; Partner, 1989-Present.
       Selected Activities: Member, North Carolina Bar 
     Association, 1984-Present; Member, 28th Judicial District 
     Bar, 1984-Present; President, 2003-2004; Secretary-Treasurer, 
     1989-1992; Member, Local Bar Services Committee, 2003-
     Present; Chair, 2005-Present; Member, Select Drafting 
     Committee of the North Carolina Board of Law Examiners; North 
     Carolina Bar Association Statewide Small Firm Pro Bono Award, 
     2004; Board Member, Pisgah Legal Services, 2005-Present; 
     Member, Arden Rotary Club; Paul Harris Fellow and Sustaining 
     Member, Paul Harris Foundation.
                                  ____


   William Lindsay Osteen, Jr.--United States District Court for the 
                   Middle District of North Carolina

       Birth: 1960, Greensboro, North Carolina.
       Legal Residence: North Carolina.
       Education: B.S., University of North Carolina-Chapel Hill, 
     1983; J.D., University of North Carolina-Chapel Hill School 
     of Law, 1987.
       Employment: Associate, Adams & Osteen, 1987-1991; Partner, 
     1991-Present.
       Selected Activities: Member, North Carolina Bar 
     Association; Past Member, Criminal Justice Council; Chairman, 
     Criminal Justice Council, 2000-2001; Member, Greensboro Bar 
     Association; Director, 1995; Listed in Business North 
     Carolina magazine's ``Legal Elite'' in Criminal Law, 2004, 
     2005, 2006; Member, Criminal Justice Act Advisory Committee; 
     Criminal Justice Act Panel Attorney, Middle District of North 
     Carolina; Member, American Bar Association; Member, American 
     Board of Trial Advocates; Member, National Association of 
     Criminal Defense Lawyers.

  Mr. SPECTER. Mr. President, I see the Senator from North Carolina. I 
am going to yield the floor to him and perhaps take a minute or two at 
the conclusion of his comments.
  The ACTING PRESIDENT pro tempore. The Senator from North Carolina is 
recognized.
  Mr. BURR. Mr. President, it gives me great pleasure to stand before 
my colleagues today to urge them to confirm two great lawyers in North 
Carolina to be U.S. district court judges. I wish to take a moment to 
commend my colleagues on the Judiciary Committee for unanimously 
reporting out Bill Osteen, Jr., and Martin Reidinger before we 
adjourned for the August recess. I thank Judiciary Chairman Leahy and 
Ranking Member Specter for their dedication to ensuring that judicial 
nominees get hearings and votes on the Senate floor. I am grateful for 
the care and passion with which the Judiciary Committee members 
approach their responsibility of examining nominees for Federal 
judgeships.
  I have often said that there is no area of our daily lives that is 
not somehow affected by judicial decisions. The decisions made by 
judges today will have a lasting effect long after we are gone from 
this institution. It is critical that these Federal judges serve to 
administer justice according to the strict interpretation of law and 
the Constitution. We have before us today the opportunity to confirm 
two individuals who are committed to doing just that.
  As I mentioned in my remarks before the Judiciary Committee when he 
had his hearing, this is not the first time that somebody by the name 
of Bill Osteen has been before the Senate for consideration. Fifteen 
years ago, Bill Osteen's father was confirmed to be a U.S. district 
court judge. Bill Osteen, Jr., was nominated by the President to be a 
Federal judge because he is qualified to serve on the bench, and I am 
confident he will continue to work towards a strong judicial system in 
North Carolina.
  Born and raised in Greensboro, he attended the University of North 
Carolina in Chapel Hill for both undergraduate and graduate law school. 
He has a diverse legal background and has litigated many cases spanning 
all areas of the legal profession. Trying both civil and criminal 
matters, Bill spent much of his time in the Federal courtroom. After 
today, I hope he continues to spend his time in the Federal courtroom 
but now for a different reason in a different seat.
  While I am impressed by the professional qualifications he will bring 
to the bench if confirmed, perhaps most importantly, Bill is a good 
man. Bill is a family man. He is a good dad to his two children Ann-
Bennet and Bill. He is a good husband to his wife Elizabeth. I urge my 
colleagues to support Bill's nomination and to confirm him to serve on 
North Carolina's Federal bench.
  Martin Reidinger of Asheville, NC, is also before the Senate today to 
be confirmed as a U.S. district court judge.
  Like Bill, Martin graduated from the University of North Carolina for 
both his undergraduate and law degrees, graduating with honors from the 
law school.
  Martin's well-established Federal practice in western North Carolina 
has existed for a number of years. Throughout his career, he has 
handled all types of cases, represented a wide range of clients, and 
has appeared in all levels of State and Federal court.
  I had the pleasure of meeting Martin's family as well: his wife 
Patti, and his four children: Heather, Sara, Alex, and Max.
  Martin's family and friends are proud of him for all of his 
accomplishments,

[[Page S11288]]

and Martin has continuously expressed how honored he is to be 
considered for the Federal bench. These two nominees have tremendous 
legal experience, an unwavering commitment to their families, and are 
men with good moral character.
  On too many occasions, we have let judicial nominations escalate into 
contentious debates where people's good reputations are tarnished as a 
result of partisan politics. We have seen it throughout history, and no 
one party is to blame. Unfortunately, both sides share blame. But it is 
great to see how this body can come together to work to make a 
difference in the lives of Americans.
  As policymakers, our debates certainly affect every American. We hear 
from thousands of our constituents every week, and when we make 
decisions, we think about how to best balance the competing policy 
positions so we are able to make good laws.
  But every day, judges see how these laws we are responsible for 
making, apply in real life. They do not have the benefit of changing 
the law based on who appears before them. We owe it to our constituents 
to put fair-minded and qualified judges on the bench whom we are 
confident will apply the laws this body passes in an impartial manner.
  By confirming Bill Osteen, Jr., and Martin Reidinger to the Federal 
bench in North Carolina, I believe we are fulfilling that obligation.
  I urge my colleagues to support both of their nominations.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, I ask unanimous consent to speak for an 
additional 3 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  (The remarks of Mr. Specter pertaining to the introduction of S. 2035 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mrs. FEINSTEIN. Mr. President, I am pleased to support the 
confirmation of Judge Janis Lynn Sammartino to be a U.S. district judge 
for the Southern District of California.
  Judge Sammartino is nominated for a seat that has been designated a 
``judicial emergency'' by the Administrative Office of the U.S. Courts. 
The seat has been vacant for 3 years, ever since Judge Judith Nelson 
Keep passed away in September 2004.
  Fortunately, the Judiciary Committee has acted quickly on this 
nomination. It was submitted to the Senate on March 19 of this year. 
Judge Sammartino completed the required questionnaire, and a hearing 
was promptly scheduled for June 20. Now, fewer than 3 months later--
including the August recess--we are voting on the nomination today.
  I urge my colleagues to vote in favor of this nomination to fill this 
longstanding vacancy and permit the district court in the Southern 
District of California to operate at full capacity.
  Judge Sammartino is a graduate of Occidental College and of the law 
school at the University of Notre Dame. After earning her law degree, 
she served as a law clerk on the superior court in South Bend, IN.
  For her entire legal career since then, she has devoted herself to 
the service of her city, San Diego, and the State of California.
  Judge Sammartino worked for 18 years as a deputy city attorney in San 
Diego. In her first 2 years, as a deputy in the Criminal Division, she 
tried more than 50 criminal cases in front of juries and an equal 
number of bench trials. She then was promoted to the Municipal Law 
Section of the Civil Division, where she developed substantial 
expertise in land use law. She later served as the principal legal 
advisor to the city of San Diego on redevelopment issues. In that 
capacity, she played a major role in the planning and construction of 
the Horton Plaza Retail Centre in downtown San Diego.
  Judge Sammartino rose to the rank of senior chief deputy city 
attorney and was responsible for supervising three advisory divisions 
in the City Attorney's Office. She was a regular participant in legal 
and strategy decisions for pending cases. Her public service career 
then moved from the City Attorney's Office to the courthouse. She was 
appointed to the municipal court in 1994, and to the superior court in 
1995.
  As a testament to her skills as both a judge and a leader, her fellow 
judges elected her to be assistant presiding judge from 2004 to 2005 
and then to be presiding judge as of January 2006. She now oversees the 
second largest trial court in California, which is also the third 
largest trial court in the Nation.
  Judge Sammartino's judicial career has given her experience in a wide 
range of areas from criminal cases to family law cases, environmental 
cases, and complex civil cases.
  In California we have developed a bipartisan process for selecting 
Federal district court nominees. Under this system, a committee of 
lawyers known as the Parsky Commission, which includes Democrats and 
Republicans, recommends qualified applicants to the President. I am 
proud of this system, and proud to report that Judge Sammartino was 
recommended unanimously by the Parsky Commission to be nominated as a 
Federal district judge. I chaired the hearing on her nomination, and I 
was impressed with her testimony. By all accounts, she would make an 
excellent addition to the Federal bench in San Diego.
  I urge all of my colleagues to vote in favor of this nomination.
  Mr. SPECTER. Mr. President, I note the time has come for the 
scheduled votes.
  The ACTING PRESIDENT pro tempore. If all time is yielded back--
  Mr. SPECTER. The time is yielded back.
  The ACTING PRESIDENT pro tempore. The question is, Will the Senate 
advise and consent to the nomination of William Lindsay Osteen, Jr., of 
North Carolina, to be United States District Judge for the Middle 
District of North Carolina?
  Mr. SPECTER. Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant journal clerk called the roll.
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the 
Senator from New York (Mrs. Clinton), the Senator from Connecticut (Mr. 
Dodd), the Senator from Illinois (Mr. Durbin), the Senator from Iowa 
(Mr. Harkin), the Senator from New Jersey (Mr. Lautenberg), the Senator 
from Michigan (Mr. Levin), the Senator from Illinois (Mr. Obama), the 
Senator from New York (Mr. Schumer), and the Senator from Rhode Island 
(Mr. Whitehouse) are necessarily absent.
  I further announce that, if present and voting, the Senator from Iowa 
(Mr. Harkin) would vote ``yea.''
  Mr. LOTT. The following Senators are necessarily absent: the Senator 
from Idaho (Mr. Craig), the Senator from Nebraska (Mr. Hagel), the 
Senator from Oklahoma (Mr. Inhofe), and the Senator from Arizona (Mr. 
McCain).
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 86, nays 0, as follows:

                      [Rollcall Vote No. 327 Ex.]

                                YEAS--86

     Akaka
     Alexander
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inouye
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Leahy
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Wyden

                             NOT VOTING--14

     Biden
     Clinton
     Craig
     Dodd
     Durbin
     Hagel
     Harkin
     Inhofe
     Lautenberg
     Levin
     McCain
     Obama
     Schumer
     Whitehouse
  The nomination was confirmed.

[[Page S11289]]

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
motion to reconsider is considered made and laid on the table.

                          ____________________