[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Page 28858]
[From the U.S. Government Publishing Office, www.gpo.gov]




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


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will report.
  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.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on 
Executive Calendar No. 86, the nomination of Priscilla Richman Owen, of 
Texas, to be United States Circuit Judge for the Fifth Circuit, shall 
be brought to a close? The yeas and nays are mandatory under the rule. 
The clerk will call the roll.
  Mr. REID. I announce that the Senator from Delaware (Mr. Carper), the 
Senator from North Carolina (Mr. Edwards), the Senator from Hawaii (Mr. 
Inouye), the Senator from Massachusetts (Mr. Kerry), and the Senator 
from Florida (Mr. Nelson) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Delaware (Mr. Carper) and the Senator from Massachusetts (Mr. Kerry) 
would each vote ``nay.''
  The PRESIDING OFFICER (Mr. Chafee). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 53, nays 42, as follows:
  The result was announced--yeas 53, nays 42, as follows:

                      [Rollcall Vote No. 450 Ex.]

                                YEAS--53

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Campbell
     Chafee
     Chambliss
     Cochran
     Coleman
     Collins
     Cornyn
     Craig
     Crapo
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Fitzgerald
     Frist
     Graham (SC)
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Miller
     Murkowski
     Nelson (NE)
     Nickles
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Sununu
     Talent
     Thomas
     Voinovich
     Warner

                                NAYS--42

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Breaux
     Byrd
     Cantwell
     Clinton
     Conrad
     Corzine
     Daschle
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham (FL)
     Harkin
     Hollings
     Jeffords
     Johnson
     Kennedy
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Pryor
     Reed
     Reid
     Rockefeller
     Sarbanes
     Schumer
     Stabenow
     Wyden

                             NOT VOTING--5

     Carper
     Edwards
     Inouye
     Kerry
     Nelson (FL)
  The PRESIDING OFFICER. On this vote, the ayes are 53, the nays are 
42. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is not agreed to.

                          ____________________