[Congressional Record Volume 164, Number 169 (Thursday, October 11, 2018)]
[Senate]
[Page S6789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      NOMINATION OF JEFFREY CLARK

  Mr. VAN HOLLEN. Madam President, Mr. Clark's nomination is yet 
another example of the Trump administration nominating individuals to 
lead government offices whose missions they have opposed.
  The Environment and Natural Resources Division of the Department of 
Justice is uniquely charged with the ``stewardship of the nation's 
natural resources and public lands.'' Yet, in the face of the 
overwhelming evidence of climate change, Mr. Clark says the science is 
debatable. It isn't, and this is not the time to have someone in this 
position who refuses to acknowledge facts and confront the costs and 
risks of inaction.
  In addition, like many Trump nominees, Mr. Clark is skeptical of the 
longstanding Chevron doctrine which states that courts must give 
deference to agency regulations because agencies are staffed with 
subject matter experts and that judges, who are only supposed to 
interpret the law, are not qualified to substitute their opinions. 
Large corporate polluters frequently challenge EPA regulations designed 
to safeguard our waters, endangered species, and natural resources, and 
we need a person in this position who will side with the scientists and 
public health experts, not big polluters.
  Americans deserve an associate attorney who is committed to 
protecting their interests and not big-monied special interests. I do 
not believe that Mr. Clark is that person, and I will be voting against 
his nomination.
  The PRESIDING OFFICER. Under the previous order, all postcloture time 
is expired.
  The question is, Will the Senate advise and consent to the Clark 
nomination?
  Mr. ROUNDS. Madam President, 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 senior assistant legislative clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Florida (Mr. Rubio).
  Further, if present and voting, the Senator from Florida (Mr. Rubio) 
would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from North Dakota (Ms. 
Heitkamp) and the Senator from Florida (Mr. Nelson) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 52, nays 45, as follows:

                      [Rollcall Vote No. 228 Ex.]

                                YEAS--52

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

                                NAYS--45

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Donnelly
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Harris
     Hassan
     Heinrich
     Hirono
     Jones
     Kaine
     King
     Klobuchar
     Leahy
     Markey
     Menendez
     Merkley
     Murphy
     Murray
     Peters
     Reed
     Sanders
     Schatz
     Schumer
     Shaheen
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--3

     Heitkamp
     Nelson
     Rubio
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table. The President 
will be immediately notified of the Senate's action.

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