[Congressional Record Volume 160, Number 64 (Thursday, May 1, 2014)]
[Senate]
[Pages S2579-S2580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLOTURE MOTION
The PRESIDING OFFICER. Under the previous order, 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
Theodore David Chuang, of Maryland, to be United States
District Judge for the District of Maryland.
Harry Reid, Patrick J. Leahy, Elizabeth Warren, Robert
Menendez, Barbara Mikulski, Jack Reed, Richard
Blumenthal, Carl Levin, Christopher Murphy, Kirsten E.
Gillibrand, Sheldon Whitehouse, Patty Murray, Thomas R.
Carper, John D. Rockefeller IV, Jeff Merkley, Richard
J. Durbin, Benjamin L. Cardin.
Mr. LEAHY. Mr. President, today, we are again voting to overcome
Republican filibusters of three highly qualified judicial nominees.
Republicans
[[Page S2580]]
continue to refuse to consent to vote on much needed judges to our
Federal Judiciary. We currently stand at 80 vacancies and have not had
fewer than 60 vacancies since February 2009, at the beginning of
President Obama's first term. For most of President Obama's tenure in
office, judicial vacancies have continued to hover around 80 and 90
because of Senate Republican obstruction. Nevertheless, Senate
Republicans continue to object to votes on these nominations. This
includes the three nominations that we are voting on today.
Nancy Moritz has been nominated to serve on the U.S. Court of Appeals
for the Tenth Circuit. Justice Moritz is currently a justice on the
Kansas Supreme Court, where she has been serving since 2011. Prior to
joining the Kansas Supreme Court, she was an appellate judge on the
Kansas Court of Appeals from 2004 to 2011. Before becoming a judge,
Justice Moritz spent nearly ten years as an assistant U.S. attorney in
the Kansas City and Topeka offices. From 1989 till 1995, she was an
associate at Spencer, Fane Britt & Browne, LLP in Kansas City and
Overland Park. From 1987 to 1989, she served as a law clerk to the
Honorable Patrick F. Kelly, U.S. District Court for the District of
Kansas. Justice Moritz has the support of her Republican home state
senators, Senator Roberts and Senator Moran. She was also reported from
the Judiciary Committee unanimously by voice vote on January 16, 2014.
Theodore Chuang has been nominated to serve on the U.S. District
Court for the District of Maryland. Since 2009, Mr. Chuang has served
in the Office of General Counsel at the Department of Homeland
Security. He currently serves as deputy general counsel and as counsel
on detail to the U.S. Department of State. Previously, Mr. Chuang
served as the chief investigative counsel for the House Committee on
Energy and Commerce and the deputy chief investigative counsel for the
House Committee on Oversight and Government Reforms from 2007 to 2009.
From 2004 to 2007, Mr. Chuang worked in private practice as a counsel
at the law firm Wilmer Cutler Pickering Hale and Dorr LLP. Prior to
that, Mr. Chuang served as an assistant U.S. attorney, Criminal
Division, for the District of Massachusetts from 1998 to 2004 and as a
trial attorney in the Housing and Civil Enforcement Section of the
Justice Department from 1995 to 1998. Upon graduating from Harvard Law
School, magna cum laude, Mr. Chuang served as a law clerk to Judge
Dorothy W. Nelson on the Ninth Circuit U.S. Court of Appeals from 1994
to 1995.
Mr. Chuang has the support of his home State Senators, Senator
Mikulski and Senator Cardin. He was voted out of the Judiciary
Committee on a 10-8 vote on January 16, 2014. During the committee
vote, the ranking member urged others to vote ``No'' based on the fact
that Mr. Chuang has been serving on temporary detail to the State
Department and has been working with the agency to assist in its
response to the ongoing congressional investigation into Benghazi. The
ranking member argued that because the administration has refused to
turn over interview notes and summaries that he would vote ``No'' on
Mr. Chuang's nomination. This appears to be a case where Mr. Chuang is
being held responsible for the decisions of the administration not to
turn over the documents when it was not his decision to make. Moreover,
Mr. Chuang has responded to the ranking member's Question for the
Record on this issue fully and forthrightly, and nothing in those
responses indicates that Mr. Chuang has conducted himself improperly in
any way. Mr. Chuang is a superbly qualified attorney with an impeccable
background, and should be supported by the entire Senate.
George Hazel has been nominated to the U.S. District Court for the
District of Maryland. Since 2010, he has served as the chief deputy
State's attorney for the office of the Maryland State's attorney for
Baltimore City. Prior to taking this position, he was an assistant U.S.
attorney for the district of Maryland from 2008 to 2010 and for the
District of Columbia from 2005 to 2008. From 1999 to 2004, Mr. Hazel
also served in private practice at the law firm Weil, Gotshal and
Manges, LLP. An experienced trial counsel, Mr. Hazel has tried
approximately 50 cases to verdict. Mr. Hazel also has the support of
his home State senators, Senator Mikulski and Senator Cardin. He was
reported from the Judiciary Committee unanimously by voice vote on
January 16, 2014.
All three of these nominees have the experience, judgment, and legal
acumen to be terrific judges in our Federal courts. Let us end these
unnecessary filibusters. I thank the majority leader for filing cloture
petitions and I hope my fellow Senators will join me today to end these
filibusters so that these nominees can get working on behalf of the
American people.
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 Theodore David Chuang, of Maryland, to be United States
District Judge for the District of Maryland, 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 West Virginia (Mr.
Rockefeller) and the Senator from Montana (Mr. Tester) are necessarily
absent.
Mr. CORNYN. The following Senator is necessarily absent: the Senator
from Arkansas (Mr. Boozman).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 54, nays 43, as follows:
[Rollcall Vote No. 124 Ex.]
YEAS--54
Baldwin
Begich
Bennet
Blumenthal
Booker
Boxer
Brown
Cantwell
Cardin
Carper
Casey
Coons
Donnelly
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Heinrich
Heitkamp
Hirono
Johnson (SD)
Kaine
King
Klobuchar
Landrieu
Leahy
Levin
Manchin
Markey
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murphy
Murray
Nelson
Pryor
Reed
Reid
Sanders
Schatz
Schumer
Shaheen
Stabenow
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wyden
NAYS--43
Alexander
Ayotte
Barrasso
Blunt
Burr
Chambliss
Coats
Coburn
Cochran
Collins
Corker
Cornyn
Crapo
Cruz
Enzi
Fischer
Flake
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Lee
McCain
McConnell
Moran
Paul
Portman
Risch
Roberts
Rubio
Scott
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NOT VOTING--3
Boozman
Rockefeller
Tester
THE PRESIDING OFFICER. On this vote the yeas are 54, the nays are 43.
The motion is agreed to.
____________________