[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6971-S6972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             UNANIMOUS-CONSENT REQUEST--EXECUTIVE CALENDAR

  Mr. REID. Mr. President, I ask unanimous consent that at a time to be 
determined by the majority leader, following consultation with the 
Republican leader, the Senate proceed to executive session and consider 
Calendar No. 886, Kimberly Mueller to be a United States District Judge 
for the Eastern District of California; that there be 1 hour of debate 
with respect to the nomination, with the time equally divided and 
controlled between Senators Leahy and Sessions or their designees; that 
upon the use or yielding back of time, the Senate proceed to vote on 
confirmation of the nomination; that upon confirmation, the motion to 
reconsider be considered made and laid upon the table; the President be 
immediately notified of the Senate's action, and the Senate then resume 
legislative session.
  The PRESIDING OFFICER. Is there objection?
  Mr. McCONNELL. I object.
  The PRESIDING OFFICER. Objection is heard.
  The Republican leader.
  Mr. McCONNELL. Mr. President, we just confirmed 47 nominations plus 3 
district court judges, a circuit court judge, and we will continue to 
work on the balance of these when we return.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WHITEHOUSE. Mr. President, I understand there has just been an 
agreement reached and entered into the Record regarding a number of 
appointments that were on the Executive Calendar. I understand further 
that--in fact, I discovered just recently--there is a rule anybody who 
is pending on the Executive Calendar when there is a recess of longer 
than 30 days needs to be resubmitted.
  There are a number of judges who, applying that rule and the order, 
would need to be resubmitted by the President. Two of them, as I 
understand it, are district judges. What I would like to do is ask 
unanimous consent regarding those two. I know there is nobody from the 
minority party on the floor of the Senate right now, so I am not going 
to ask that unanimous consent and take advantage of the lack of their 
presence on the floor. But I would like to ask that someone come to the 
floor so I may ask unanimous consent, as to district court judges who 
are pending on the Executive Calendar, that the application of that 
rule be waived for this recess.
  These are names that are going to be resubmitted anyway. It adds 
nothing to the process other than just an extra, sort of deliberate and 
unnecessary hassle to require those submission and committee procedures 
to be replayed.
  It is also my understanding there has been a tradition in this body 
that while circuit court nominees are considered what one might call, 
for better or worse, political fair game, there has been a tradition of 
courtesy and comity regarding district court judges who sit in the 
Senator's home State when both of the home State Senators have agreed 
to and accepted the President's recommendations and supported it, given 
their blue slip to the committee and so forth.
  So I guess I will put the Senate back into a quorum call so that I 
can discuss this with my colleagues on the other side. But I hope very 
much that as a personal courtesy they would accept that amendment to 
the order that was just entered, which I believe is consistent with the 
traditions and practices of the Senate.

[[Page S6972]]

  For now I yield the floor, and 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. WHITEHOUSE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WHITEHOUSE. Mr. President, I am in an interesting predicament. I 
am informed there is no one from the minority party in town; this being 
the end of session, everybody has headed home. Therefore, there is no 
one around to respond to my unanimous consent request.
  I will confess, I am inclined to take advantage of this moment by 
propounding the unanimous consent, which I would obviously win. The 
Presiding Officer would grant the order, since there would be no 
objection.
  But I also believe that to do so would be inconsistent with the 
courtesies and the traditions of the Senate, and so I will not take 
that step at this time. But it is frustrating to be in this position of 
holding myself back out of respect for the traditions and courtesies of 
the Senate, when I feel that, at the moment, I am on the losing end of 
a violation of the courtesies and the traditions of the Senate.
  So by the rule of what is good for the goose, my inclination to take 
advantage of this moment is reinforced. But I have great respect for 
this body, and I think the tradition that one does not propound 
unanimous consent requests without a member of the minority party 
present to object or otherwise respond or vice versa is one that merits 
respect.
  Notwithstanding the predicament I find myself in, let me just say, in 
that absence of courtesy that has brought me here, I will yield the 
floor and we can return to this question when the Senate resumes. But 
for any who are listening, I think we are taking a step that some may 
regret, when the tradition of respect for the judgment of the home 
State Senators regarding a district court judge in their home State is 
disregarded in this way.
  I will say no more. I will follow up when we return to session.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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