[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Pages 10537-10538]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session to consider the following nomination on 
the Executive Calendar: Calendar No. 166.
  I further ask unanimous consent that the nomination be confirmed, the 
motion to reconsider be laid upon the table, the President be 
immediately notified of the Senate's action, any statements relating to 
the nomination be printed in the Record, and the Senate then resume 
legislative session.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Mr. President, I am happy that this judge is being 
approved. We are certainly willing to cooperate when we can. I just 
wanted to briefly respond to the comment of the distinguished majority 
whip that the system is broken and we have had to have cloture votes on 
two judges. My math may be off either way, but I think this is the 
123rd judge who will have been approved in a matter of a few seconds: 
123 during this administration; 2 have been, in effect, turned down--
there is still debate going on on those two--123 to 2.
  Statistics show this is the lowest number of vacancies since, I 
believe, 1959. I could be wrong. But there are a significant number of 
judges we have approved--as I said, 123.
  I understand the seriousness of the feelings of people regarding 
Miguel Estrada and Priscilla Owen. But looking at the other side of the 
picture, 123 to 2 is not bad.
  I withdraw any objection I might have laid on the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The nomination considered and confirmed is as follows:


                              THE JUDICIARY

       Patricia Head Minaldi, of Louisiana, to be United States 
     District Judge for the Western District of Louisiana.


[[Page 10538]]

  Mr. McCONNELL. Mr. President, we have had this debate many times. 
What is new is that the filibuster is being used to defeat judicial 
nominations for the first time in history. Cloture has been used 
occasionally for the purpose of advancing a nomination, not for 
defeating it. We do have two nominees who were found unanimously well 
qualified by the ABA and they are, in effect, being denied an up-or-
down vote. If that is what is different, then that is what is producing 
alarm on our side of the aisle. Of course, we have had that debate many 
times. Tonight is probably not the time to have it again.
  Mr. REID. Mr. President, I simply say that having been in the 
majority and the minority on a number of occasions, what comes around 
goes around. We have to appreciate the fact that sometimes we control 
the Senate. Hopefully, not too long from now--but one never knows--we 
will be back in control. Someday, there will, again, be a Democratic 
President. Everybody should understand that what we do here is not for 
the moment but also for the future.
  As I have said, we try to be as cooperative as we can. Sometimes we 
are not as cooperative as some wish we would be.

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