[Congressional Record Volume 163, Number 58 (Tuesday, April 4, 2017)]
[Senate]
[Pages S2389-S2390]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Appealing Ruling of the Chair

  Mr. McCONNELL. Madam President, I appeal the ruling of the Chair.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. SCHUMER. Madam President, parliamentary inquiry.
  The PRESIDING OFFICER. The Democratic leader will state the 
parliamentary inquiry.
  Mr. SCHUMER. Madam President, did the Senate precedent established on 
November 21, 2013, on how nominations

[[Page S2390]]

are considered in the Senate change the cloture threshold for 
nominations to the Supreme Court?
  The PRESIDING OFFICER. The consideration of nominees to the Supreme 
Court of the United States was unaffected by the precedent of November 
21, 2013, and is as under rule XXII.
  Mr. SCHUMER. Madam President, a second parliamentary inquiry.
  The PRESIDING OFFICER. The Democratic leader will state the 
parliamentary inquiry.
  Mr. SCHUMER. Madam President, in the history of the Senate, have 
there been any instances in which a nomination to the Supreme Court was 
withdrawn after cloture was not invoked on the nomination?
  The PRESIDING OFFICER. The Secretary of the Senate's office has 
confirmed that such a withdrawal has taken place.
  Mr. SCHUMER. Thank you, Madam President.
  Madam President, a parliamentary inquiry.
  The PRESIDING OFFICER. The Democratic leader will state the 
parliamentary inquiry.
  Mr. SCHUMER. Madam President, of the last 26 nominations of Justices 
confirmed to the Supreme Court, going back to 1954, how many were 
confirmed without a rollcall vote or received more than 60 votes in 
support of their nomination either on cloture or on confirmation?
  The PRESIDING OFFICER. The Secretary of the Senate's office confirms 
that 25 of 26 nominees were confirmed in one or another of the manner 
so described.