[Congressional Record Volume 153, Number 162 (Wednesday, October 24, 2007)]
[Senate]
[Pages S13273-S13300]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, the clerk will 
report the motion to invoke cloture.
  The assistant 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. 291, the nomination of Leslie Southwick, of 
     Mississippi, to be United States Circuit Judge for the Fifth 
     Circuit.
         Mitch McConnell, Arlen Specter, Wayne Allard, Johnny 
           Isakson, Richard Burr, Norm Coleman, David Vitter, Kay 
           Bailey Hutchison, George V. Voinovich, John Thune, Jim 
           DeMint, Tom Coburn, Michael B. Enzi, Elizabeth Dole, 
           Jeff Sessions, Jim Bunning, John Barrasso, Trent Lott, 
           and Thad Cochran.


[[Page S13300]]


  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 Leslie Southwick to be United States Circuit Judge for 
the Fifth Circuit shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from Connecticut (Mr. Dodd), and the Senator from 
Massachusetts (Mr. Kennedy) are necessarily absent.
  I further announce that if present and voting, the Senator from 
Massachusetts (Mr. Kennedy) would vote ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 62, nays 35, as follows:

                      [Rollcall Vote No. 392 Ex.]

                                YEAS--62

     Akaka
     Alexander
     Allard
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Byrd
     Carper
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Ensign
     Enzi
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johnson
     Kyl
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Pryor
     Roberts
     Salazar
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Thune
     Vitter
     Voinovich
     Warner

                                NAYS--35

     Baucus
     Bayh
     Biden
     Bingaman
     Brown
     Cantwell
     Cardin
     Casey
     Clinton
     Durbin
     Feingold
     Harkin
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Stabenow
     Tester
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Boxer
     Dodd
     Kennedy
  The PRESIDING OFFICER. On this vote, the yeas are 62, the nays are 
35. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  The PRESIDING OFFICER. Under the previous order, the question is, 
Shall the Senate advise and consent to the nomination of Leslie 
Southwick to be United States Circuit Judge for the Fifth Circuit.
  Mr. REID. 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 legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from Connecticut (Mr. Dodd), and the Senator from 
Massachusetts (Mr. Kennedy) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Massachusetts (Mr. Kennedy) would vote ``nay.''
  The PRESIDING OFFICER (Mr. Webb). Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 59, nays 38, as follows:

                      [Rollcall Vote No. 393 Ex.]

                                YEAS--59

     Akaka
     Alexander
     Allard
     Barrasso
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Byrd
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Dorgan
     Ensign
     Enzi
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johnson
     Kyl
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Murkowski
     Nelson (NE)
     Pryor
     Roberts
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Thune
     Vitter
     Voinovich
     Warner

                                NAYS--38

     Baucus
     Bayh
     Biden
     Bingaman
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Durbin
     Feingold
     Harkin
     Inouye
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     McCaskill
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Obama
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Stabenow
     Tester
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--3

     Boxer
     Dodd
     Kennedy
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is laid upon the table, and the President is notified of the 
Senate's action.
  Mrs. CLINTON. Mr. President, I opposed the nomination of Leslie 
Southwick to serve a lifetime appointment on the U.S. Court of Appeals 
for the Fifth Circuit. His tenure as a judge on the Mississippi Court 
of Appeals reveals a record that fails to honor the principles of 
equality and justice and demonstrates a disregard for civil rights.
  The American people deserve Federal judges--regardless of who 
nominates them--who are dedicated to an evenhanded and just application 
of our laws. In case after case, Judge Southwick has demonstrated a 
lack of respect and understanding for the civil rights of all 
Americans, and particular indifference towards the real and enduring 
evils of discrimination against African Americans and gay and lesbian 
Americans.
  After reviewing his judicial opinions and examining his 
qualifications, I have concluded that Judge Southwick's regressive 
civil rights record should disqualify him from serving a lifetime 
appointment on the Court of Appeals for the Fifth Circuit. I urge the 
President to select judicial nominees who embrace the principle that 
all are equal under the law.

                          ____________________