[Congressional Record (Bound Edition), Volume 157 (2011), Part 15]
[Senate]
[Pages 20224-20225]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

NOMINATION OF MORGAN CHRISTEN TO BE UNITED STATES CIRCUIT JUDGE FOR THE 
                        NINTH CIRCUIT--Continued

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to resume consideration of the Christen 
nomination.
  Under the previous order, there will be 2 minutes of debate equally 
divided and controlled in the usual form.
  Mr. WHITEHOUSE. Madam President, I ask unanimous consent that all 
time be yielded back.
  The PRESIDING OFFICER. The Senator from Rhode Island asks that all 
time be yielded back. Is there objection?
  Without objection, it is so ordered.
  The question is, Will the Senate advise and consent to the nomination 
of Morgan Christen, of Alaska, to be United States Circuit Judge for 
the Ninth Circuit?
  Mr. WHITEHOUSE. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) is necessarily absent.
  I further announce that if present and voting, the Senator from 
Massachusetts (Mr. Kerry) would vote ``yea.''
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Kansas (Mr. Moran).
   The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 95, nays 3, as follows:

                      [Rollcall Vote No. 231 Ex.]

                                YEAS--95

     Akaka
     Alexander
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer

[[Page 20225]]


     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Corker
     Cornyn
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (WI)
     Johnson (SD)
     Kirk
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Lee
     Levin
     Lieberman
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--3

     DeMint
     Paul
     Vitter
       

                             NOT VOTING--2

     Kerry
     Moran
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table. The President 
will be immediately notified of the Senate's action.


                            vote explanation

  Mr. KERRY. Mr. President, I was necessarily absent for the vote on 
the nomination of Morgan Christen, of Alaska, to be U.S. circuit judge 
for the Ninth Circuit. If I were able to attend today's session, I 
would have supported the Christen nomination.

                          ____________________