[Congressional Record (Bound Edition), Volume 151 (2005), Part 17]
[Senate]
[Pages 23508-23509]
[From the U.S. Government Publishing Office, www.gpo.gov]




NOMINATION OF HARRY SANDLIN MATTICE, JR., TO BE UNITED STATES DISTRICT 
              JUDGE FOR THE EASTERN DISTRICT OF TENNESSEE

  The PRESIDING OFFICER. The clerk will report the next nomination.
  The bill clerk read the nomination of Harry Sandlin Mattice, Jr., of 
Tennessee, to be United States District Judge for the Eastern District 
of Tennessee.
  Mr. LEAHY. Mr. President, I yield back our time.
  Mr. SPECTER. Mr. President, I yield back our time.
  Mr. LEAHY. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  The Senator from Pennsylvania.
  Mr. SPECTER. Mr. President, a very short statement about the Labor, 
Health and Human Services, and Education bill. A cloture motion is 
being filed this evening, which will call for all germane amendments to 
be filed by Wednesday at noon.
  I see some doubt as to whether we are filing a cloture motion. Soon, 
the cloture motion will be filed. But we have a very complex bill in 
hand. We are asking Members to file their amendments and bring them 
down for arguments so we can proceed to finish this bill in a timely 
manner--no later than by the end of this week, and hopefully sooner.
  I yield the floor.
  The PRESIDING OFFICER. The request is for the yeas and nays.
  Is there a sufficient second?
  There appears to be a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Harry Sandlin Mattice, Jr., of Tennessee, to be United States 
District Judge for the Eastern District of Tennessee.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. McCONNELL. The following Senators were necessarily absent: the 
Senator from Arizona (Mr. McCain), the Senator from Alabama (Mr. 
Sessions), and the Senator from Oregon (Mr. Smith).
  Further, if present and voting, the Senator from Alabama (Mr. 
Sessions) would have voted ``yea.''

[[Page 23509]]


  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from New Jersey (Mr. Corzine), the Senator from Hawaii (Mr. 
Inouye), the Senator from Massachusetts (Mr. Kennedy), the Senator from 
Florida (Mr. Nelson), and the Senator from Oregon (Mr. Wyden) are 
necessarily absent.
  The PRESIDING OFFICER (Mr. Cornyn). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 91, nays 0, as follows:

                      [Rollcall Vote No. 266 Ex.]

                                YEAS--91

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Jeffords
     Johnson
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Martinez
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Shelby
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--9

     Biden
     Corzine
     Inouye
     Kennedy
     McCain
     Nelson (FL)
     Sessions
     Smith
     Wyden
  The nomination was confirmed.
  The PRESIDING OFFICER. Without objection, the President is notified 
of the Senate's action.

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