[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Pages 28605-28606]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

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  NOMINATION OF PRISCILLA RICHMAN OWEN, OF TEXAS, TO BE UNITED STATES 
                  CIRCUIT JUDGE FOR THE FIFTH CIRCUIT

  The PRESIDENT pro tempore. The clerk will report.
  The assistant legislative clerk read the nomination of Priscilla 
Richman Owen, of Texas, to be a United States Circuit Judge for the 
Fifth Circuit.
  The PRESIDENT pro tempore. The majority leader.
  Mr. FRIST. Mr. President, I would inquire of the Democratic side if 
they would be prepared to grant a time limitation on this nomination of 
2 hours?
  The PRESIDENT pro tempore. The Senator from Nevada.
  Mr. REID. Thank you very much, Mr. President.
  Through you to the distinguished majority leader, first of all, let 
me really say we could finish this bill quickly tonight. The decision 
has been made not to do that. We will be happy to come back Friday and 
cooperate with the majority. We could not agree to a time, but I think 
as to how we worked before, if we go to that bill Friday, within a very 
reasonable period of

[[Page 28606]]

time we could finish it on Friday. But as far as a specific time 
agreement is concerned, it would be very difficult to do that. But I 
stand ready and willing to come back to this bill on Friday and finish 
it on Friday; that is, VA-HUD. It is too bad we could not do it 
tonight.
  In direct response to the majority leader, we would not be in a 
position to grant a time on Priscilla Owen. We have already voted on 
this matter on at least two or three separate occasions, as I recall. 
So in response to the distinguished majority leader's request, we would 
not agree to a time agreement on Priscilla Owen of any duration.


                             Cloture Motion

  Mr. FRIST. Given the objection, I send a cloture motion to the desk.
  The PRESIDENT pro tempore. The cloture motion having been presented 
under rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Executive 
     Calendar No. 86, the nomination of Priscilla Richman Owen, of 
     Texas, to be United States Circuit Judge for the Fifth 
     Circuit:
         Bill Frist, Orrin Hatch, Lindsey Graham, Mike Crapo, Jeff 
           Sessions, Conrad Burns, Larry E. Craig, Saxby 
           Chambliss, Mitch McConnell, Jim Bunning, Judd Gregg, 
           John Cornyn, Jon Kyl, Trent Lott, Mike DeWine, Craig 
           Thomas, Kay Bailey Hutchison.

NOMINATION OF CAROLYN B. KUHL TO BE UNITED STATES CIRCUIT JUDGE FOR THE 
                             NINTH CIRCUIT

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of Calendar No. 169, the nomination of 
Carolyn B. Kuhl, to be a United States Circuit Judge for the Ninth 
Circuit.
  The PRESIDENT pro tempore. The nomination will be stated.
  The assistant legislative clerk read the nomination of Carolyn B. 
Kuhl, of California, to be United States Circuit Judge for the Ninth 
Circuit.
  Mr. FRIST. Mr. President, again I ask the other side if they would be 
prepared to set a time certain for an up-or-down vote on this nominee 
after whatever debate they may need.
  The PRESIDENT pro tempore. The Senator from Nevada.
  Mr. REID. Mr. President, in an effort to understand what is going on 
here, everyone should understand, these requests require a simple 
majority vote, and it would be senseless to take a vote on this. That 
is why we did not object.
  I would say with this nominee, Carolyn Kuhl, we have reviewed this in 
very deep detail and would not be in agreement at this time to set any 
time limit on the debate. I ask the distinguished majority leader to 
advise us when we finish this woman and the following nominee, if you 
would be good enough to tell us when you anticipate voting. We are 
waiving the request for the requirement of a quorum. So if the majority 
leader can give us some indication when he desires to vote on this, 
whether it is 12:01 on Friday morning or later in the day.
  Mr. FRIST. Mr. President, in response, we plan on voting Friday 
morning at a reasonable hour to be defined. That means sometime after 
8:30 Friday morning. I will be more specific.
  Mr. REID. I appreciate that very much. I object.
  The PRESIDENT pro tempore. Objection is heard.


                             Cloture Motion

  Mr. FRIST. I send a cloture motion to the desk.
  The PRESIDENT pro tempore. The cloture motion having been presented 
under rule XXII, the Chair directs the clerk to read the motion.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on Executive 
     Calendar No. 169, the nomination of Carolyn B. Kuhl, of 
     California, to be United States Circuit Judge for the Ninth 
     Circuit.
         Bill Frist, Orrin Hatch, Lindsey Graham, Mike Crapo, Jeff 
           Sessions, Conrad Burns, Larry E. Craig, Saxby 
           Chambliss, Mitch McConnell, Jim Bunning, Judd Gregg, 
           John Cornyn, Jon Kyl, Trent Lott, Mike DeWine, Craig 
           Thomas, Kay Bailey Hutchison.

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