[Congressional Record Volume 167, Number 213 (Thursday, December 9, 2021)]
[Senate]
[Pages S9080-S9081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       NOMINATION OF LUCY H. KOH

  Mrs. FEINSTEIN. Mr. President, I rise today in support of the 
nomination of Lucy H. Koh to serve as a judge on the U.S. Court of 
Appeals for the Ninth Circuit.
  Judge Koh is a highly respected member of the Federal judiciary and 
has served California well throughout her career. She would be a 
welcome addition to the Ninth Circuit bench.
  I have long supported Judge Koh and am pleased that the Senate will 
soon be considering her nomination. I recommended Judge Koh for a seat 
on the Ninth Circuit back in 2016 and was pleased that President Obama 
nominated her at that time. And I was disappointed that she did not 
receive a vote on the Senate floor, even though she received strong 
bipartisan support in the Judiciary Committee, which favorably reported 
her nomination.
  I am pleased that Judge Koh was among the first circuit court 
nominees announced by President Biden earlier this year. Her 
credentials are undeniably impressive. She received her undergraduate 
degree from Harvard College in 1990, and her law degree from Harvard 
Law School in 1993.
  Judge Koh spent several years early in her career in public service, 
first as a legal fellow on the Senate Judiciary Committee's Immigration 
Subcommittee and then with the Department of Justice. Among her 
achievements while at the Justice Department, Judge Koh received an 
award from the FBI for ``Demonstrated Excellence in Prosecuting a Major 
Fraud Case.''
  She then brought her skills to the private sector, spending nearly a 
decade in private practice in Palo Alto, CA, where she became a 
distinguished intellectual property lawyer working on patent, trade 
secret, and commercial civil litigation. In 2008, she was appointed by 
California's then-Governor Arnold Schwarzenegger, a Republican, to 
serve as a judge on the California Superior Court for Santa Clara 
County.
  In 2010, President Obama nominated her to serve as a Federal district 
judge on the U.S. District Court for the Northern District of 
California. The Senate voted unanimously, 90 to 0, to confirm her to 
that position. She has served with distinction as a Federal district 
judge for more than a decade.
  Judge Koh has excelled throughout her career as a Federal prosecutor, 
in private practice, and as both a state and Federal judge. I have no 
doubt that she will continue to excel if she is confirmed to the Ninth 
Circuit.
  Judge Koh has received bipartisan support each time her nomination 
has come before the Senate, including a bipartisan vote earlier this 
year in the Judiciary Committee. I urge all of my colleagues to support 
her nomination.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. RISCH. Mr. President, I ask unanimous consent that all remaining 
time be yielded back.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.

[[Page S9081]]

  



                        Vote on Motion to Concur

  The PRESIDING OFFICER. Under the previous order, all postcloture time 
has expired.
  The motion to concur with amendment No. 4871 is withdrawn.
  The question is on agreeing to the motion to concur.
  Mr. RISCH. I ask for the yeas and nays.
  The PRESIDING OFFICER. The yeas and nays have been requested.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Maine (Mr. King) is 
necessarily absent.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from North Carolina (Mr. Burr), the Senator from Texas (Mr. Cornyn), 
the Senator from South Dakota (Mr. Rounds), the Senator from Nebraska 
(Mr. Sasse), and the Senator from Pennsylvania (Mr. Toomey).
  The result was announced--yeas 59, nays 35, as follows:

                      [Rollcall Vote No. 491 Leg.]

                                YEAS--59

     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Booker
     Brown
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Hassan
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     Klobuchar
     Leahy
     Lujan
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Murkowski
     Murphy
     Murray
     Ossoff
     Padilla
     Peters
     Portman
     Reed
     Romney
     Rosen
     Sanders
     Schatz
     Schumer
     Shaheen
     Sinema
     Smith
     Stabenow
     Tester
     Thune
     Tillis
     Van Hollen
     Warner
     Warnock
     Warren
     Whitehouse
     Wyden

                                NAYS--35

     Blackburn
     Boozman
     Braun
     Cassidy
     Cotton
     Cramer
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hawley
     Hoeven
     Hyde-Smith
     Inhofe
     Johnson
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     Moran
     Paul
     Risch
     Rubio
     Scott (FL)
     Scott (SC)
     Shelby
     Sullivan
     Tuberville
     Wicker
     Young

                             NOT VOTING--6

     Burr
     Cornyn
     King
     Rounds
     Sasse
     Toomey
  The motion was agreed to.

                          ____________________