[Congressional Record Volume 163, Number 20 (Monday, February 6, 2017)]
[Senate]
[Page S855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Appealing the Ruling of the Chair

  The question before the Senate is, Shall the decision of the Chair to 
hold the Senator from Massachusetts in violation of rule XIX stand as 
the judgment of the Senate.
  Mr. DURBIN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Texas (Mr. Cruz), the Senator from Georgia (Mr. Isakson), 
and the Senator from Alabama (Mr. Sessions).
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Carper), 
the Senator from Delaware (Mr. Coons), the Senator from California 
(Mrs. Feinstein), the Senator from Vermont (Mr. Sanders), and the 
Senator from Virginia (Mr. Warner) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 49, nays 43, as follows:

                       [Rollcall Vote No. 57 Ex.]

                                YEAS--49

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Cochran
     Collins
     Corker
     Cornyn
     Cotton
     Crapo
     Daines
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rounds
     Rubio
     Sasse
     Scott
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--43

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Casey
     Cortez Masto
     Donnelly
     Duckworth
     Durbin
     Franken
     Gillibrand
     Harris
     Hassan
     Heinrich
     Heitkamp
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall
     Van Hollen
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--8

     Carper
     Coons
     Cruz
     Feinstein
     Isakson
     Sanders
     Sessions
     Warner
  The PRESIDING OFFICER. The decision of the Chair stands as the 
judgment of the Senate.
  The Democratic leader.
  Mr. SCHUMER. Mr. President, I yield 1 minute to the Senator from 
Maine.
  The PRESIDING OFFICER. The Senator from Maine.
  Mr. KING. Mr. President, Parliamentary inquiry.
  The PRESIDING OFFICER. The Senator will state his inquiry.
  Mr. KING. In the opinion of the Chair, would one Senator calling 
another Senator a liar during debate on the floor of the Senate be a 
violation of rule XIX?
  The PRESIDING OFFICER. In the opinion of the Chair, it would.
  Mr. KING. Thank you, Mr. President.
  I yield back.
  The PRESIDING OFFICER. The Senate majority leader.
  Mr. McCONNELL. Here is what transpired. Senator Warren was giving a 
lengthy speech. She had appeared to violate the rule. She was warned. 
She was given an explanation. Nevertheless, she persisted.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California.
  Ms. HARRIS. Mr. President, the suggestion that reciting the words of 
the great Coretta Scott King would invoke rule XIX and force Senator 
Warren to sit down and be silent is outrageous.