[Congressional Record Volume 158, Number 87 (Monday, June 11, 2012)]
[Senate]
[Pages S3889-S3890]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Cloture Motion

  Under the previous order, the cloture motion having been presented 
under rule XXII, the Chair directs the clerk to read the motion.
  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, 
     hereby move to bring to a close debate on the nomination of 
     Andrew David Hurwitz, of Arizona, to be United States Circuit 
     Judge for the 9th Circuit.
         Harry Reid, Patrick J. Leahy, Al Franken, Daniel K. 
           Inouye, Bill Nelson, Amy Klobuchar, Jeff Bingaman, 
           Michael F. Bennet, Herb Kohl, Patty Murray, Robert P. 
           Casey, Jr., Tom Udall, Richard Blumenthal, Benjamin L. 
           Cardin, Sheldon Whitehouse, Christopher A. Coons, Mark 
           Begich.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.

[[Page S3890]]

  The question is, Is it the sense of the Senate that debate on the 
nomination of Andrew David Hurwitz, of Arizona, to be United States 
Circuit Judge for the Ninth 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. KYL. The following Senators are necessarily absent: the Senator 
from North Carolina (Mr. Burr), the Senator from Georgia (Mr. 
Chambliss), the Senator from Oklahoma (Mr. Coburn), the Senator from 
Wyoming (Mr. Enzi), the Senator from Utah (Mr. Hatch), the Senator from 
Georgia (Mr. Isakson), the Senator from Illinois (Mr. Kirk), the 
Senator from Pennsylvania (Mr. Toomey), and the Senator from Louisiana 
(Mr. Vitter).
  The PRESIDING OFFICER (Mr. Casey). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 60, nays 31, as follows:

                      [Rollcall Vote No. 118 Ex.]

                                YEAS--60

     Akaka
     Alexander
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     McCain
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--31

     Ayotte
     Barrasso
     Blunt
     Boozman
     Coats
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Graham
     Grassley
     Heller
     Hoeven
     Hutchison
     Inhofe
     Johanns
     Johnson (WI)
     Lee
     Manchin
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Wicker

                             NOT VOTING--9

     Burr
     Chambliss
     Coburn
     Enzi
     Hatch
     Isakson
     Kirk
     Toomey
     Vitter
  The PRESIDING OFFICER. On this vote, the yeas are 60, the nays are 
31. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.


                            vote explanation

 Mr. TOOMEY. Mr. President, I want to submit for the record my 
views on roll call vote No. 118, the nomination of Andrew Hurwitz to 
the U.S. Court of Appeals for the Ninth Circuit. I am deeply concerned 
with Mr. Hurwitz's role in advancing a constitutionally flawed doctrine 
that would become the framework for Roe v. Wade. His actions constitute 
a brand of judicial activism unfit for the Court. I do not believe Mr. 
Hurwitz holds the requisite traits necessary to be an objective arbiter 
of the law. Had I been present, I would have voted ``nay.''
  The PRESIDING OFFICER. The Senator from Colorado.


                    125th Anniversary of United Way

  Mr. UDALL of Colorado. Mr. President, I rise tonight to recognize the 
125th anniversary of United Way and honor their extraordinary 
achievements since their founding 125 years ago in Denver, CO.
  In 1887, a Denver woman along with local religious leaders recognized 
the need for community-based action in order to address Denver's 
growing problem with poverty. In Denver, this group--this initial 
group--established the first of what would become a worldwide network 
of organizations called United Way. Their goal was simple: create a 
community-based organization that would raise funds in order to provide 
economic relief and counseling services to neighbors in need. During 
their first campaign in 1888, this remarkable organization raised 
today's equivalent of $650,000.
  Now, 125 years after its founding, United Way has become a celebrated 
worldwide organization committed to improving communities from the 
bottom up through cooperative action and community support in 41 
countries across the globe. United Way forges public-private 
partnerships with local businesses, labor organizations, and 120 
national and global corporations through the Global Corporate 
Leadership Program that brings an impressive $1 billion to local 
communities each year. United Way effectively leverages private 
donations in order to finance innovative programs and initiatives that 
profoundly affect communities throughout Colorado, the United States 
and, dare I say, the world.
  The success and strength of these partnerships between United Way and 
America's workers cannot be overstated. Nearly two-thirds of the funds 
for United Way come from voluntary worker payroll contributions, and 
the Labor Letters of Endorsement Program championed by the AFL CIO 
encourages affiliates and their members to give their time and 
resources to United Way campaigns.
  Just one powerful illustration of this partnership is the National 
Association of Letter Carriers' National Food Drive, which is a 
cooperative effort of the U.S. Postal Service, the AFL CIO, and United 
Way, which has become the world's largest 1-day food drive.
  United Way has strengthened bonds and built a foundation of 
collaboration and partnership in our communities. Its founders could 
never have imagined the ultimate breadth and reach of this group, 
growing from a local support organization in little Denver, CO, back in 
1887 to a globally recognized force for good.
  United Way is an indispensable part of Colorado's social fabric, and 
I am proud to recognize and honor this historic anniversary.
  There are 14 local United Way organizations leaving an indelible mark 
throughout Colorado. I want to take a moment to recognize each of them 
for their tremendous role as cornerstones of their communities: 
Foothills United Way, Boulder; Pikes Peak United Way, Colorado Springs; 
Moffat County United Way, Craig; Mile High United Way, Inc., Denver; 
United Way of Southwest Colorado, Durango; United Way of Eagle River 
Valley, Eagle; United Way of Morgan County, Inc., Fort Morgan; United 
Way of Mesa County, Grand Junction; United Way of Weld County, Greeley; 
United Way of Larimer County, Inc., Fort Collins and Loveland; Pueblo 
County United Way, Inc., Pueblo; United Way of Garfield County, Rifle; 
Routt County United Way, Steamboat Springs; and Logan County United 
Way, Sterling.
  To all of the employees and partners of United Way, I join my Senate 
colleagues in recognizing and applauding your legacy and inspirational 
service. This 125th anniversary is a milestone deserving of 
celebration, and I commend your tireless pursuit to advance the common 
good.