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



                          Motion to Reconsider

  Mr. McCONNELL. Mr. President, I move to reconsider the vote, and I 
ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  The result was announced--yeas 55, nays 45, as follows:

                      [Rollcall Vote No. 106 Ex.]

                                YEAS--55

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

                                NAYS--45

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harris
     Hassan
     Heinrich
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden
  The motion was agreed to.
  The PRESIDING OFFICER (Mrs. Fischer). The Democratic leader.
  Mr. SCHUMER. Madam President, parliamentary inquiry.
  The PRESIDING OFFICER. The Democratic leader will state the 
parliamentary inquiry.
  Mr. SCHUMER. Madam President, is it correct that over half the 
nominations on which cloture motions were filed in the Senate, over the 
course of our entire history as a country, were filed between the 
beginning of President Obama's administration and November 21, 2013?
  The PRESIDING OFFICER. The Secretary of the Senate's office confirms 
that 79 of the 147 cloture motions filed on nominations were filed 
between 2009 and November 21, 2013.
  Mr. SCHUMER. Madam President, further parliamentary inquiry.
  The PRESIDING OFFICER. The Democratic leader will state the 
parliamentary inquiry.
  Mr. SCHUMER. Madam President, under the rules and precedents of the 
Senate, is the Senate prohibited from considering and voting on a 
nominee to the Supreme Court in the fourth year of the President's 
term?
  The PRESIDING OFFICER. The Chair is not aware of any such prohibition 
in its rules or precedents.
  Mr. SCHUMER. Madam President, additional parliamentary inquiry.
  The PRESIDING OFFICER. The Democratic leader will state the 
parliamentary inquiry.
  Mr. SCHUMER. Is the Chair aware of any instance in the years between 
the 1949 advent of routine public Supreme Court confirmation hearings 
and 2016 that a nominee who was not withdrawn did not receive a hearing 
and a vote?
  The PRESIDING OFFICER. The Secretary of the Senate's office confirms 
that since 1949, Supreme Court nominees have routinely received public 
hearings. Harriet Miers, whose nomination was withdrawn, and Merrick 
Garland did not.