Congressional Record, Volume 153 Issue 162 (Wednesday, October 24, 2007)

[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.

____________________