[Congressional Record Volume 160, Number 31 (Tuesday, February 25, 2014)]
[Senate]
[Pages S1018-S1019]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             CLOTURE MOTION

  The PRESIDING OFFICER. Under the previous order, there will be 2 
minutes of debate equally divided between the two leaders or their 
designees prior to a vote on the motion to invoke cloture on the Donato 
nomination.
  Who seeks recognition?
  The Senator from Vermont.
  Mr. LEAHY. Mr. President, the next nominee, James Donato of 
California, was originally nominated in June of 2013. He was voted out 
of the Judiciary Committee unanimously.
  I have heard from my friends on the Republican side that we should be 
concerned about emergency vacancies. This is an emergency vacancy. He 
was reported out unanimously for the first time last October. He had to 
be reported out a second time this year--again, unanimously. He has the 
strong support of the two Senators from California. So holding up and 
having a filibuster and going through all of that on this nomination is 
the kind of game playing that hurts the Federal judiciary. It is almost 
like the efforts made by our friends on the other side in closing down 
the government last year, and this is just a slow way to close down the 
Federal judiciary.
  I urge immediate consideration and confirmation.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, may I direct a question through the Chair to 
the distinguished chairman of the Judiciary Committee.
  Does the chairman of the committee think we should have a recorded 
vote on this?
  Mr. LEAHY. I would be happy to have a voice vote.
  The PRESIDING OFFICER. Who yields time in opposition?
  Mr. REID. No one is standing. I yield back the time.
  Mr. HATCH. I yield back the time.
  The PRESIDING OFFICER. Without objection, the time is yielded back.
  Pursuant to rule XXII, the Chair lays before the Senate the pending 
cloture motion, which the clerk will state.
  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 
     James Donato, of California, to be United States District 
     Judge for the Northern District of California.
         Harry Reid, Patrick J. Leahy, Benjamin L. Cardin, Mark L. 
           Pryor, Mark Begich, Robert Menendez, Tom Harkin, Amy 
           Klobuchar, Christopher Murphy, Patty Murray, Jon 
           Tester, Richard J. Durbin, Barbara Boxer, Angus S. 
           King, Jr., Claire McCaskill, Richard Blumenthal, 
           Sheldon Whitehouse, Jack Reed.

  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 James Donato, of California, to be United States District 
Judge for the Northern District of California, shall be brought to a 
close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. HATCH (when his name was called). Present.
  Mr. DURBIN. I announce that the Senator from Michigan (Mr. Levin) and 
the Senator from Florida (Mr. Nelson) are necessarily absent.
  The PRESIDING OFFICER (Ms. Heitkamp). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 55, nays 42, as follows:

                       [Rollcall Vote No. 40 Ex.]

                                YEAS--55

     Baldwin
     Begich
     Bennet
     Blumenthal
     Booker
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Donnelly
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heinrich
     Heitkamp
     Hirono
     Johnson (SD)
     Kaine
     King
     Klobuchar
     Landrieu
     Leahy
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murphy
     Murray
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Walsh
     Warner
     Warren
     Whitehouse
     Wyden

                                NAYS--42

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     Cruz
     Enzi
     Fischer
     Flake
     Graham

[[Page S1019]]


     Grassley
     Heller
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Lee
     McCain
     McConnell
     Moran
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Scott
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                        ANSWERED ``PRESENT'' --1

       
     Hatch
       

                             NOT VOTING--2

     Levin
     Nelson
       
  The PRESIDING OFFICER. On this vote the yeas are 55, the nays are 42, 
1 Senator voting ``present.'' The motion is agreed to.
  The majority leader.
  Mr. REID. Madam President, Chairman Leahy has told me that he has no 
need for a rollcall vote. I would hope others would also agree.

                          ____________________