[Congressional Record Volume 160, Number 66 (Monday, May 5, 2014)]
[Senate]
[Pages S2635-S2636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Vote on Moritz Nomination
The PRESIDING OFFICER. Under the previous order, there will be 2
minutes of debate prior to a vote on the Moritz nomination.
Mr. LEAHY. Mr. President, today, we will vote to confirm Nancy Moritz
to fill a vacancy in the U.S. Court of Appeals for the Tenth Circuit.
Nancy Moritz is currently a justice on the Kansas Supreme Court, where
she has been serving since 2011. She has the qualifications and has the
support of her two Republican home State Senators, Mr. Pat Roberts and
Mr. Jerry Moran. She was also reported from the Judiciary Committee
unanimously by voice vote this past January.
The Republicans continue to object to votes on all judicial
nominations, even for completely noncontroversial nominees such as
Justice Moritz. Cloture was finally invoked on Justice Moritz's
nomination last week. There is no reason her nomination should have
been filibustered given the bipartisan support that she has.
[[Page S2636]]
In fact, Justice Moritz should and could have been confirmed last
year. She was first nominated last August, but her hearing was delayed
until mid-November because of the Republican shutdown of the Federal
Government. Senate Republicans then refused to vote on her nomination
in committee at the end of last year and her nomination was returned to
the President. As a result, the President had to renominate Justice
Moritz and the Judiciary Committee had to reprocess her nomination this
year. When we finally confirm Justice Moritz today, her nomination will
have taken more than 9 months. It should not take this long to process
noncontroversial nominees.
Justice Moritz has now served on the Kansas Supreme Court for nearly
4 years. 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, she spent nearly 10 years as an assistant U.S.
attorney in the Kansas City and Topeka offices. From 1989 until 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. Her breadth and depth of experience as both a practitioner and
a jurist will make her well suited to serve on the Tenth Circuit.
I urge all of my colleagues to vote to confirm this excellent
nominee.
Mr. GRASSLEY. I yield back time on this side.
The PRESIDING OFFICER. Without objection, all time for debate is
yielded back.
The question is, Will the Senate advise and consent to the nomination
of Nancy L. Moritz, of Kansas, to be United States Circuit Judge for
the Tenth District?
Mr. BARRASSO. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Schatz) is
necessarily absent.
Mr. CORNYN. The following Senators are necessarily absent: the
Senator from New Hampshire (Ms. Ayotte), the Senator from Arkansas (Mr.
Boozman), the Senator from Wisconsin (Mr. Johnson), the Senator from
Illinois (Mr. Kirk), the Senator from Pennsylvania (Mr. Toomey), and
the Senator from Louisiana (Mr. Vitter).
Further, if present and voting, the Senator from Wisconsin (Mr.
Johnson) would have voted ``yea.''
The PRESIDING OFFICER (Mr. Donnelly). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 90, nays 3, as follows:
[Rollcall Vote No. 130 Ex.]
YEAS--90
Alexander
Baldwin
Barrasso
Begich
Bennet
Blumenthal
Blunt
Booker
Boxer
Brown
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Coons
Corker
Cornyn
Cruz
Donnelly
Durbin
Enzi
Feinstein
Fischer
Flake
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Heinrich
Heitkamp
Heller
Hirono
Hoeven
Inhofe
Isakson
Johanns
Johnson (SD)
Kaine
King
Klobuchar
Landrieu
Leahy
Lee
Levin
Manchin
Markey
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murphy
Murray
Nelson
Paul
Portman
Pryor
Reed
Reid
Roberts
Rockefeller
Rubio
Sanders
Schumer
Scott
Sessions
Shaheen
Shelby
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Walsh
Warner
Warren
Whitehouse
Wicker
Wyden
NAYS--3
Coburn
Crapo
Risch
NOT VOTING--7
Ayotte
Boozman
Johnson (WI)
Kirk
Schatz
Toomey
Vitter
The nomination was confirmed.