[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.

                          ____________________