[Congressional Record (Bound Edition), Volume 153 (2007), Part 17] [Senate] [Pages 24001-24005] [From the U.S. Government Publishing Office, www.gpo.gov]EXECUTIVE SESSION ______ NOMINATION OF WILLIAM LINDSAY OSTEEN, JR., TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ______ NOMINATION OF MARTIN KARL REIDINGER, TO BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT OF NORTH CAROLINA ______ NOMINATION OF JANIS LYNN SAMMARTINO, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF CALIFORNIA The ACTING PRESIDENT pro tempore. Under the previous order, the Senate will proceed to executive session to consider the following nominations en bloc, which the clerk will report. The assistant legislative clerk read the nominations of William Lindsay Osteen, Jr., of North Carolina, to be United States District Judge for the Middle District of North Carolina; Martin Karl Reidinger, of North Carolina, to be United States District Judge for the Western District of North Carolina; and Janis Lynn Sammartino, of California, to be United States District Judge for the Southern District of California. The ACTING PRESIDENT pro tempore. Under the previous order, there will now be 60 minutes of debate equally divided between the Senator from Vermont and the Senator from Pennsylvania. The Senator from Vermont. Mr. LEAHY. Mr. President, I understand the Senator from North Carolina is on the floor and wishes to speak. Obviously, I will yield her more time if she wants, but I ask unanimous consent that she be yielded 10 minutes out of the time reserved for the distinguished senior Senator from Pennsylvania, Mr. Specter. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. The Senator from North Carolina is recognized. Mrs. DOLE. Mr. President, today the Senate has the opportunity to confirm, for district judgeships, William Osteen, Jr. and Martin K. Reidinger, two of North Carolina's most talented and capable legal minds. Both of these men have impeccable credentials, a keen sense of justice and a strong desire to serve. I am fully confident that Bill and Martin would serve the people of my home State with great honor and distinction as members of the Federal judiciary. [[Page 24002]] I am delighted to support Bill Osteen, to serve as a judge for the Middle District. With deep roots in North Carolina, Bill received his education at the University of North Carolina at Chapel Hill, and has practiced law in the State for the past two decades. In 2004 and 2005, Business North Carolina included him in its Legal Elite--the cream of the crop, selected not by the editors of the magazine but by State bar colleagues. Bill has broad experience in both criminal and civil litigation. As we all know, criminal cases make up a substantial and increasingly large portion of a Federal district judge's docket, and Bill is well equipped to handle this important aspect of the job. He estimates that he has served as the counsel of record in more than 100 Federal criminal cases. Bill also knows his way around a courtroom. In an age when most cases are resolved through settlement or plea agreement, Bill has taken over 30 cases to trial. On the strength of this experience, I have no doubt that he will be able to make the transition to district judge without missing a beat. In addition to a distinguished professional life, Bill also has a very full personal life. He is a dedicated family man to his wife Elizabeth and their two children, Anne Bennett and Bill, and he is a man of faith, actively involved in the First Presbyterian Church of Greensboro. It is also notable that Bill has been nominated to succeed his father to this seat. Bill's father, William Osteen, Sr., has served the Middle District with great distinction and it is a rare and remarkable feat that a son has the opportunity to serve in his father's onetime place on the bench. And let me add that Bill's mother, Joanne, has been a treasured friend since our Duke days together. I know the Osteens are very proud of their son and I am honored to highlight Bill's many qualifications here today. Another outstanding North Carolinian for the Western District of North Carolina, Martin Reidinger, has built quite an impressive record of accomplishment over the years. A graduate of the University of North Carolina at Chapel Hill, he has practiced law for the past 23 years in Asheville with Adams Hendon Carson Crow & Saenger. There he gained vast civil litigation experience, handling matters running the gamut from employment law to land disputes. He frequently appears in Federal courts and has litigated to a verdict or judgment nearly 200 cases over the past two decades. In addition to his vast professional experience, Martin makes it a top priority to give back to his community. He has served as the president and secretary-treasurer of the Buncombe County Bar Association, and he currently sits on the board of directors for Pisgah Legal Services, which provides free, civil legal services to low-income people who are unable to afford an attorney. In fact, in 2004, Martin accepted the North Carolina State bar's Outstanding Pro Bono Services Award for his law firm's commitment to giving back to their community. In addition to his extensive public service work, Martin is dedicated to his family--his wife Patti and children Heather, Sara, Alex and Max. Bill Osteen and Martin Reidinger are vastly qualified to serve on the Federal bench. They have earned the admiration of their colleagues and peers and support from Senators on both sides of the aisle. It was my privilege to recommend these individuals to the president for these posts, and I am proud to urge my colleagues to support their confirmation today, so they can get to work for the people of North Carolina. I yield back any remaining time. The ACTING PRESIDENT pro tempore. The Senator from Vermont. Mr. LEAHY. Mr. President, I thank the distinguished Senator. I note that when we confirm these three nominations today--and I fully anticipate we will; I will support them and I know Senator Specter will support them--the Senate will have confirmed 29 nominations for lifetime appointments by the middle of September this year. That is 7 more than were confirmed in all of 2005 when the Senate had a Republican majority which was considering nominations of this Republican President. I mention that because consistently, for the Republican President, President Bush, when the Democrats have been in charge, we have moved his nominations faster than Republicans have. You would not know this, certainly, with some of the rhetoric that comes out of the White House; but, you know, sometimes facts get in the way of rhetoric. It is a pesky thing. Incidentally, there were 12 more confirmations that were achieved during the entire 1996 session, when Republicans stalled consideration of President Clinton's nominations by pocket-vetoing them. It is actually a little-known fact that during the Bush Presidency, more circuit judges, more district judges, and more total judges have been confirmed in the time we have had Democrats in control and I have been chairman, than during the 10 years that either of the two Republican chairmen were working with Republican Senate majorities. Taking into account today's confirmations, the Administrative Office of the U.S. Courts lists 46 judicial vacancies. The President has sent us only 24 nominations for these 46 remaining vacancies. Twenty-two of these remaining vacancies--almost half--have no nominee. Of the 19 vacancies deemed by the Administrative Office to be judicial emergencies, the President has yet to send us nominees for 8 of them, more than a third. Of the 16 circuit court vacancies, 6, more than a third, are without a nominee. If the President had worked with the Senators from Michigan, Rhode Island, Maryland, California, New Jersey, and Virginia, we could be in position to make even more progress. Of the 22 vacancies without any nominee, the President has violated the timeline he set for himself at least 13 times--13 have been vacant without so much as a nominee for more than 180 days. The number of violations may in fact be much higher since the President said he would nominate within 180 days of receiving notice that there would be a vacancy or intended retirement rather than from the vacancy itself. We conservatively estimate that he also violated his own rule 11 times in connection with the nominations he has made. That would mean that with respect to the 46 vacancies, the President is out of compliance with his own rule more than half of the time. William L. Osteen, Jr., is a partner at the two-person law firm of Adams & Osteen in Greensboro, NC, where he has worked for his entire legal career. His practice focuses primarily on Federal criminal litigation and State civil litigation. Martin K. Reidinger is a partner at the Asheville, NC, law firm of Adams, Hendon, Carson, Crow & Saenger, where he has worked his entire 23 year legal career as a civil litigator. His legal practice concentrates primarily in the areas of general business litigation, land disputes, municipal matters, and employment law. Janis L. Sammartino is the presiding judge in the Superior Court of San Diego County in California. For 12 years, she served on the State trial court bench as a municipal court judge in San Diego, and she worked for 18 years as a deputy city attorney in the San Diego City Attorney's Office. I congratulate the nominees and their families on their confirmations today. How much time is remaining for the Senator from Vermont? The ACTING PRESIDENT pro tempore. The Senator has 5\1/2\ minutes. Mr. LEAHY. I thank the distinguished Presiding Officer. I see the distinguished Senator from North Carolina and the distinguished Senator from Pennsylvania. I yield the floor. The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania. Mr. SPECTER. Mr. President, I thank the distinguished chairman. We have worked harmoniously in a bipartisan way on the Judiciary Committee. An expression I like to use when we change chairmen: It is a seamless transfer of the gavel in a bipartisan way. I join Chairman Leahy in asking for the confirmation of the three judicial nominees who are pending this morning. [[Page 24003]] I start with Janis Lynn Sammartino, who is up for the District Court for the Southern District of California, because she was born in Philadelphia, PA: magna cum laude from Occidental College in 1972, Phi Beta Kappa at that university; law degree from Notre Dame; law clerk to a superior court judge in California, Judge Douglas Seely; deputy city attorney; judge on the Municipal Court of the City of San Diego; a judge on the Superior Court for San Diego for the past 12 years--a very distinguished resume. She has a majority ``qualified'' rating from the American Bar Association, and some rated her as ``well qualified.'' She comes to the floor with the unanimous recommendation of the Judiciary Committee. Similarly, I urge the confirmation of Martin Karl Reidinger for the U.S. District Court for the Western District of North Carolina. He has an outstanding academic record: a bachelor's degree from the University of North Carolina-Chapel Hill; a law degree with honors from the University of North Carolina-Chapel Hill School of Law; Order of the Coif, which means top 10 percent academically; North Carolina Law Review. He has had an extensive practice with the law firm of Adams Hendon Carson Crow & Saenger--associate for 5 years and partner for the last 18 years--distinguished qualifications. I think he is well suited to become a Federal district court judge. Third, I urge the confirmation of William Lindsay Osteen, Jr., for the District Court for the Middle District of North Carolina. He has a bachelor's degree from the University of North Carolina-Chapel Hill in 1983 and a law degree from the same university in 1987. He practiced law for the last 20 years--first as an associate and later as a partner--in Adams & Osteen, and has a distinguished curriculum vitae. I ask unanimous consent that the resumes of these three distinguished nominees be printed in the Congressional Record. There being no objection, the material was ordered to be printed in the Record, as follows: Janis Lynn Sammartino--United States District Judge for the Southern District of California Birth: April 24, 1950, Philadelphia, PA. Legal Residence: California. Education: A.B., Magna Cum Laude, Occidental College, 1972; Phi Beta Kappa; J.D., University of Notre Dame Law School, 1975. Employment: Law Clerk, Judge Douglas Seely, Superior Court, St. Joseph County, Indiana, 1975-1976; Deputy City Attorney, San Diego City Attorney's Office, 1976-1994; Judge, Municipal Court of the City of San Diego, 1994-1995; Judge, Superior Court of San Diego County, 1995-Present. Selected Activities: Master and President-elect, American Inns of Court, Louis M. Welch Chapter; Member, Association of Business Trial Lawyers of San Diego; Member, National Association of Women Judges; Member, San Diego County Judges Association; Member, California State Bar; Member, San Diego County Bar Association; Member, University of Notre Dame Law School Alumni Association. ABA Rating: Majority ``qualified,'' minority ``well- qualified.'' ____ Martin Karl Reidinger--United States District Court for the Western District of North Carolina Birth: December 18, 1958, New Haven, Connecticut. Legal Residence: North Carolina. Education: B.A., University of North Carolina-Chapel Hill, 1981; J.D., with honors, University of North Carolina-Chapel Hill School of Law, 1984; Order of the Coif; North Carolina Law Review, 1983-1984; Jefferson Pilot Foundation Scholar. Employment: Associate, Adams Hendon Carson Crow & Saenger, P.A., 1984-1989; Partner, 1989-Present. Selected Activities: Member, North Carolina Bar Association, 1984-Present; Member, 28th Judicial District Bar, 1984-Present; President, 2003-2004; Secretary-Treasurer, 1989-1992; Member, Local Bar Services Committee, 2003- Present; Chair, 2005-Present; Member, Select Drafting Committee of the North Carolina Board of Law Examiners; North Carolina Bar Association Statewide Small Firm Pro Bono Award, 2004; Board Member, Pisgah Legal Services, 2005-Present; Member, Arden Rotary Club; Paul Harris Fellow and Sustaining Member, Paul Harris Foundation. ____ William Lindsay Osteen, Jr.--United States District Court for the Middle District of North Carolina Birth: 1960, Greensboro, North Carolina. Legal Residence: North Carolina. Education: B.S., University of North Carolina-Chapel Hill, 1983; J.D., University of North Carolina-Chapel Hill School of Law, 1987. Employment: Associate, Adams & Osteen, 1987-1991; Partner, 1991-Present. Selected Activities: Member, North Carolina Bar Association; Past Member, Criminal Justice Council; Chairman, Criminal Justice Council, 2000-2001; Member, Greensboro Bar Association; Director, 1995; Listed in Business North Carolina magazine's ``Legal Elite'' in Criminal Law, 2004, 2005, 2006; Member, Criminal Justice Act Advisory Committee; Criminal Justice Act Panel Attorney, Middle District of North Carolina; Member, American Bar Association; Member, American Board of Trial Advocates; Member, National Association of Criminal Defense Lawyers. Mr. SPECTER. Mr. President, I see the Senator from North Carolina. I am going to yield the floor to him and perhaps take a minute or two at the conclusion of his comments. The ACTING PRESIDENT pro tempore. The Senator from North Carolina is recognized. Mr. BURR. Mr. President, it gives me great pleasure to stand before my colleagues today to urge them to confirm two great lawyers in North Carolina to be U.S. district court judges. I wish to take a moment to commend my colleagues on the Judiciary Committee for unanimously reporting out Bill Osteen, Jr., and Martin Reidinger before we adjourned for the August recess. I thank Judiciary Chairman Leahy and Ranking Member Specter for their dedication to ensuring that judicial nominees get hearings and votes on the Senate floor. I am grateful for the care and passion with which the Judiciary Committee members approach their responsibility of examining nominees for Federal judgeships. I have often said that there is no area of our daily lives that is not somehow affected by judicial decisions. The decisions made by judges today will have a lasting effect long after we are gone from this institution. It is critical that these Federal judges serve to administer justice according to the strict interpretation of law and the Constitution. We have before us today the opportunity to confirm two individuals who are committed to doing just that. As I mentioned in my remarks before the Judiciary Committee when he had his hearing, this is not the first time that somebody by the name of Bill Osteen has been before the Senate for consideration. Fifteen years ago, Bill Osteen's father was confirmed to be a U.S. district court judge. Bill Osteen, Jr., was nominated by the President to be a Federal judge because he is qualified to serve on the bench, and I am confident he will continue to work towards a strong judicial system in North Carolina. Born and raised in Greensboro, he attended the University of North Carolina in Chapel Hill for both undergraduate and graduate law school. He has a diverse legal background and has litigated many cases spanning all areas of the legal profession. Trying both civil and criminal matters, Bill spent much of his time in the Federal courtroom. After today, I hope he continues to spend his time in the Federal courtroom but now for a different reason in a different seat. While I am impressed by the professional qualifications he will bring to the bench if confirmed, perhaps most importantly, Bill is a good man. Bill is a family man. He is a good dad to his 2 children Ann- Bennet and Bill. He is a good husband to his wife Elizabeth. I urge my colleagues to support Bill's nomination and to confirm him to serve on North Carolina's Federal bench. Martin Reidinger of Asheville, NC, is also before the Senate today to be confirmed as a U.S. district court judge. Like Bill, Martin graduated from the University of North Carolina for both his undergraduate and law degrees, graduating with honors from the law school. Martin's well-established Federal practice in western North Carolina has existed for a number of years. Throughout his career, he has handled all types of cases, represented a wide range of clients, and has appeared in all levels of State and Federal court. I had the pleasure of meeting Martin's family as well: His wife Patti, and [[Page 24004]] his 4 children: Heather, Sara, Alex, and Max. Martin's family and friends are proud of him for all of his accomplishments, and Martin has continuously expressed how honored he is to be considered for the Federal bench. These 2 nominees have tremendous legal experience, an unwavering commitment to their families, and are men with good moral character. On too many occasions, we have let judicial nominations escalate into contentious debates where people's good reputations are tarnished as a result of partisan politics. We have seen it throughout history, and no one party is to blame. Unfortunately, both sides share blame. But it is great to see how this body can come together to work to make a difference in the lives of Americans. As policymakers, our debates certainly affect every American. We hear from thousands of our constituents every week, and when we make decisions, we think about how to best balance the competing policy positions so we are able to make good laws. But every day, judges see how these laws we are responsible for making, apply in real life. They do not have the benefit of changing the law based on who appears before them. We owe it to our constituents to put fair-minded and qualified judges on the bench whom we are confident will apply the laws this body passes in an impartial manner. By confirming Bill Osteen, Jr., and Martin Reidinger to the Federal bench in North Carolina, I believe we are fulfilling that obligation. I urge my colleagues to support both of their nominations. Mr. President, I yield the floor. The ACTING PRESIDENT pro tempore. The Senator from Pennsylvania. Mr. SPECTER. Mr. President, I ask unanimous consent to speak for an additional 3 minutes. The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. (The remarks of Mr. Specter pertaining to the introduction of S. 2035 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'') Mrs. FEINSTEIN. Mr. President, I am pleased to support the confirmation of Judge Janis Lynn Sammartino to be a U.S. district judge for the Southern District of California. Judge Sammartino is nominated for a seat that has been designated a ``judicial emergency'' by the Administrative Office of the U.S. Courts. The seat has been vacant for 3 years, ever since Judge Judith Nelson Keep passed away in September 2004. Fortunately, the Judiciary Committee has acted quickly on this nomination. It was submitted to the Senate on March 19 of this year. Judge Sammartino completed the required questionnaire, and a hearing was promptly scheduled for June 20. Now, fewer than 3 months later-- including the August recess--we are voting on the nomination today. I urge my colleagues to vote in favor of this nomination to fill this longstanding vacancy and permit the district court in the Southern District of California to operate at full capacity. Judge Sammartino is a graduate of Occidental College and of the law school at the University of Notre Dame. After earning her law degree, she served as a law clerk on the superior court in South Bend, IN. For her entire legal career since then, she has devoted herself to the service of her city, San Diego, and the State of California. Judge Sammartino worked for 18 years as a deputy city attorney in San Diego. In her first 2 years, as a deputy in the Criminal Division, she tried more than 50 criminal cases in front of juries and an equal number of bench trials. She then was promoted to the Municipal Law Section of the Civil Division, where she developed substantial expertise in land use law. She later served as the principal legal advisor to the city of San Diego on redevelopment issues. In that capacity, she played a major role in the planning and construction of the Horton Plaza Retail Centre in downtown San Diego. Judge Sammartino rose to the rank of senior chief deputy city attorney and was responsible for supervising three advisory divisions in the City Attorney's Office. She was a regular participant in legal and strategy decisions for pending cases. Her public service career then moved from the City Attorney's Office to the courthouse. She was appointed to the municipal court in 1994, and to the superior court in 1995. As a testament to her skills as both a judge and a leader, her fellow judges elected her to be assistant presiding judge from 2004 to 2005 and then to be presiding judge as of January 2006. She now oversees the second largest trial court in California, which is also the third largest trial court in the Nation. Judge Sammartino's judicial career has given her experience in a wide range of areas from criminal cases to family law cases, environmental cases, and complex civil cases. In California we have developed a bipartisan process for selecting Federal district court nominees. Under this system, a committee of lawyers known as the Parsky Commission, which includes Democrats and Republicans, recommends qualified applicants to the President. I am proud of this system, and proud to report that Judge Sammartino was recommended unanimously by the Parsky Commission to be nominated as a Federal district judge. I chaired the hearing on her nomination, and I was impressed with her testimony. By all accounts, she would make an excellent addition to the Federal bench in San Diego. I urge all of my colleagues to vote in favor of this nomination. Mr. SPECTER. Mr. President, I note the time has come for the scheduled votes. The ACTING PRESIDENT pro tempore. If all time is yielded back---- Mr. SPECTER. The time is yielded back. The ACTING PRESIDENT pro tempore. The question is, Will the Senate advise and consent to the nomination of William Lindsay Osteen, Jr., of North Carolina, to be United States District Judge for the Middle District of North Carolina? Mr. SPECTER. Mr. President, I ask for the yeas and nays. The ACTING PRESIDENT pro tempore. Is there a sufficient second? There appears to be a sufficient second. The clerk will call the roll. The assistant journal clerk called the roll. Mr. REID. I announce that the Senator from Delaware (Mr. Biden), the Senator from New York (Mrs. Clinton), the Senator from Connecticut (Mr. Dodd), the Senator from Illinois (Mr. Durbin), the Senator from Iowa (Mr. Harkin), the Senator from New Jersey (Mr. Lautenberg), the Senator from Michigan (Mr. Levin), the Senator from Illinois (Mr. Obama), the Senator from New York (Mr. Schumer), and the Senator from Rhode Island (Mr. Whitehouse) are necessarily absent. I further announce that, if present and voting, the Senator from Iowa (Mr. Harkin) would vote ``yea.'' Mr. LOTT. The following Senators are necessarily absent: The Senator from Idaho (Mr. Craig), the Senator from Nebraska (Mr. Hagel), the Senator from Oklahoma (Mr. Inhofe), and the Senator from Arizona (Mr. McCain). The ACTING PRESIDENT pro tempore. Are there any other Senators in the Chamber desiring to vote? The result was announced--yeas 86, nays 0, as follows: [Rollcall Vote No. 327 Ex.] YEAS--86 Akaka Alexander Allard Barrasso Baucus Bayh Bennett Bingaman Bond Boxer Brown Brownback Bunning Burr Byrd Cantwell Cardin Carper Casey Chambliss Coburn Cochran Coleman Collins Conrad Corker Cornyn Crapo DeMint Dole Domenici Dorgan Ensign Enzi Feingold Feinstein Graham Grassley Gregg Hatch Hutchison Inouye Isakson Johnson Kennedy Kerry Klobuchar Kohl Kyl Landrieu Leahy Lieberman Lincoln Lott Lugar Martinez McCaskill [[Page 24005]] McConnell Menendez Mikulski Murkowski Murray Nelson (FL) Nelson (NE) Pryor Reed Reid Roberts Rockefeller Salazar Sanders Sessions Shelby Smith Snowe Specter Stabenow Stevens Sununu Tester Thune Vitter Voinovich Warner Webb Wyden NOT VOTING--14 Biden Clinton Craig Dodd Durbin Hagel Harkin Inhofe Lautenberg Levin McCain Obama Schumer Whitehouse The nomination was confirmed. The ACTING PRESIDENT pro tempore. Under the previous order, the motion to reconsider is considered made and laid on the table. VOTE ON NOMINATION OF MARTIN KARL REIDINGER The question is, Will the Senate advise and consent to the nomination of Martin Karl Reidinger, of North Carolina, to be United States District Judge for the Western District of North Carolina? The nomination was confirmed. The ACTING PRESIDENT pro tempore. Under the previous order, the motion to reconsider is considered made and laid on the table. VOTE ON NOMINATION OF JANIS LYNN SAMMARTINO The question is, Will the Senate advise and consent to the nomination of Janis Lynn Sammartino, of California, to be United States District Judge for the Southern District of California? Mr. LEAHY. Mr. President, I ask for the yeas and nays. The ACTING PRESIDENT pro tempore. Is there a sufficient second? There is a sufficient second. The clerk will call the roll. The bill clerk called the roll. Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), the Senator from New York (Mrs. Clinton), the Senator from Connecticut (Mr. Dodd), the Senator from Iowa (Mr. Harkin), the Senator from Michigan (Mr. Levin), the Senator from Connecticut (Mr. Lieberman), and the Senator from Illinois (Mr. Obama) are necessarily absent. I further announce that, if present and voting, the Senator from Iowa (Mr. Harkin) would vote ``yea.'' Mr. LOTT. The following Senators are necessarily absent: The Senator from Idaho (Mr. Craig), the Senator from Nebraska (Mr. Hagel), and the Senator from Arizona (Mr. McCain). The PRESIDING OFFICER (Mr. Pryor). Are there any other Senators in the Chamber desiring to vote? The result was announced--yeas 90, nays 0, as follows: [Rollcall Vote No. 328 Ex.] YEAS--90 Akaka Alexander Allard Barrasso Baucus Bayh Bennett Bingaman Bond Boxer Brown Brownback Bunning Burr Byrd Cantwell Cardin Carper Casey Chambliss Coburn Cochran Coleman Collins Conrad Corker Cornyn Crapo DeMint Dole Domenici Dorgan Durbin Ensign Enzi Feingold Feinstein Graham Grassley Gregg Hatch Hutchison Inhofe Inouye Isakson Johnson Kennedy Kerry Klobuchar Kohl Kyl Landrieu Lautenberg Leahy Lincoln Lott Lugar Martinez McCaskill McConnell Menendez Mikulski Murkowski Murray Nelson (FL) Nelson (NE) Pryor Reed Reid Roberts Rockefeller Salazar Sanders Schumer Sessions Shelby Smith Snowe Specter Stabenow Stevens Sununu Tester Thune Vitter Voinovich Warner Webb Whitehouse Wyden NOT VOTING--10 Biden Clinton Craig Dodd Hagel Harkin Levin Lieberman McCain Obama The nomination was confirmed. The PRESIDING OFFICER. Under the previous order, the motion to reconsider is considered made and laid upon the table. Under the previous order, the President shall be immediately notified of the Senate's action. ____________________