[Congressional Record (Bound Edition), Volume 159 (2013), Part 11]
[Senate]
[Pages 16676-16679]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF GREGORY HOWARD WOODS TO BE UNITED STATES DISTRICT JUDGE 
                 FOR THE SOUTHERN DISTRICT OF NEW YORK

                                 ______
                                 

NOMINATION OF DEBRA M. BROWN TO BE UNITED STATES DISTRICT JUDGE FOR THE 
                    NORTHERN DISTRICT OF MISSISSIPPI

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the following nominations, 
which the clerk will report.
  The legislative clerk read the nominations of Gregory Howard Woods, 
of New York, to be United States District Judge for the Southern 
District of New York and Debra M. Brown, of Mississippi, to be United 
States District Judge for the Northern District of Mississippi.
  The PRESIDING OFFICER. Under the previous order, there will be 30 
minutes of debate equally divided in the usual form.
  Mr. LEAHY. Madam President, today, we are voting on the nominations 
of Debra Brown and Gregory Woods to fill vacancies on the District 
Courts of Mississippi and New York. If confirmed, Ms. Brown would be 
the first African-American woman to serve as a Federal judge in 
Mississippi. I am proud that together we will reach a landmark moment 
in diversity on the Federal bench, and I commend President Obama, 
Senator Wicker, and Senator Cochran for their important efforts.
  These nominations come at a trying time for the Federal courts. We 
have more than 90 judicial vacancies, and 37 of these vacancies have 
been designated as emergency vacancies due to high caseloads by the 
nonpartisan Administrative Office of the U.S. Courts. While it is a 
sign of progress that we will vote to confirm two additional judges 
today, it is essential that the Senate move faster to confirm those 
judges that the Federal judiciary so urgently needs.
  Last week, when debating whether we would be allowed to have an up-
or-down vote on the nomination of Patricia Millett to the D.C. Circuit, 
there was a lot of talk by Senate Republicans that Senate Democrats 
should be concerned with filling judicial emergency vacancies rather 
than the D.C. Circuit, which they claim does not need more judges. We 
all know that their arguments about the D.C. Circuit have nothing to do 
with caseload and everything to do with the political party of the 
President nominating. As one of only three members of my caucus who 
have served in the Senate since the 1970s, and having served both in 
the majority and the minority, I have cautioned against changing the 
rules. However, if the filibuster rules continue to be abused by my 
Republican colleagues I will have no option but to reconsider my 
longstanding opposition to such a change.
  I also find the Senate Republicans' newfound concern about judicial 
emergency vacancies particularly rich with irony given their role in 
preventing this President from filling many of those vacancies. In 
fact, nearly half of the emergency vacancies are empty because of 
Republican obstruction. First, there are 15 judicial nominees pending 
before the full Senate, including 7 nominees who would fill judicial 
emergency vacancies if the Republicans would allow us to vote on them 
today: Elizabeth A. Wolford, to be U.S. district judge for the Western 
District of New York; Brian Morris, to be U.S. district judge for the 
District of Montana; Susan P. Watters, to be U.S. district judge for 
the District of Montana; Brian J. Davis, to be U.S. district judge for 
the Middle District of Florida; James Donato, to be U.S. district judge 
for the Northern District of California; Beth Labson Freeman, to be 
U.S. district judge for the Northern District of California; and Pedro 
A. Delgado Hernandez, to be U.S. district judge for the District of 
Puerto Rico. Instead, Republicans continue to force many of these 
nominees to wait needlessly on the Senate floor.
  Moreover, Republicans are obstructing nominees from filling these 
judicial emergency vacancies in other ways that the public is less 
aware. Much of these delay tactics occur earlier in the process, and 
include the refusal to return blue slips and the refusal to provide 
recommendations to the President for district court nominees from their 
State that they would be willing to support. In fact, there are 
judicial emergency vacancies that have persisted for years because 
certain Republican Senators refuse to either return their blue slip or 
provide a recommendation to the President. So I take these hollow 
accusations about focusing on judicial emergency vacancies from Senate 
Republicans with a grain of salt. This is advice I will heed once 
Senate Republicans demonstrate through their actions that they care 
about filling vacancies.
  It is good news for New York and Mississippi that the Senate will 
vote today to confirm two excellent nominees. Yet I believe that the 
Senate should have acted sooner on these nominations. These nominees 
are uncontroversial and have remained on the Senate floor for far too 
long. The unnecessary and irresponsible government shutdown did serious 
harm to our Federal courts, which was already operating on fumes as a 
result of sequestration and the high levels of judicial vacancies.
  Gregory Woods is nominated to a vacancy on the U.S. District Court 
for the Southern District of New York. Since 2012, Mr. Woods has served 
as the general counsel for the U.S. Department of Energy. He previously 
served for 3 years as deputy general counsel at the Department of 
Transportation, and in private practice for 11 years at Debevoise & 
Plimpton LLP, first as an associate, and later as a partner. Following 
law school, he worked for 4 years as a trial attorney in the Commercial 
Litigation Branch of the Civil Division at the Department of Justice. 
Mr. Woods earned his B.A., with honors, from Williams College and his 
J.D.

[[Page 16677]]

from Yale Law School. He has the support of both of his home State 
Senators, Senator Schumer and Senator Gillibrand. The Judiciary 
Committee approved his nomination by voice vote more than 3 months ago.
  Debra Brown is nominated to a vacancy on the U.S. District Court for 
the Northern District of Mississippi. Since 2012, Debra Brown has been 
a shareholder in the law firm Wise Carter Child & Caraway. She 
previously worked at the law firm Phelps Dunbar LLP for over 15 years, 
first as an associate, then as a partner, and finally as a counsel. 
While earning a reputation as an excellent litigator, she stayed 
involved in her community, providing pro bono legal services through 
the Mississippi Volunteer Lawyers Project and serving on the Board of 
Directors for the Mississippi Center for Justice. Ms. Brown earned her 
B.A. from Mississippi State University, and her J.D. from the 
University of Mississippi School of Law. Her nomination has the support 
of both her home State Senators, Senator Wicker and Senator Cochran. 
The Judiciary Committee approved her nomination by voice vote more than 
3 months ago.
  To me, the path forward is simple. Nominees such as the ones being 
voted on today and the other uncontroversial, qualified nominees 
currently pending before the full Senate should be confirmed 
immediately so that they can get to work for the American people. Now 
that this shutdown has ended, we must work together to make sure that 
our Federal judiciary, a coequal and independent branch of government, 
has the resources it needs to be working at full strength and with a 
full complement of judges. Only then will we have a judicial system 
worthy of the American people.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. COCHRAN. Madam President, I am pleased to support the 
confirmation of Ms. Debra Brown to be a U.S. district court judge for 
the Northern District of Mississippi.
  Ms. Brown graduated from the Mississippi State University School of 
Architecture in 1987, where she served as a member of the school's 
advisory council. She worked as an architect in Washington, DC, where 
she participated in the renovation and restoration of municipal and 
historic buildings and in the construction of commercial and 
residential properties as well.
  She received her law degree from the University of Mississippi School 
of Law in 1997, where she served as associate editor and articles 
editor of the Mississippi Law Journal. Ms. Brown became the only lawyer 
in Mississippi with degrees in both architecture and law.
  In 1997 she joined the Phelps Dunbar law firm in Jackson, MS, where 
she became a partner and remained until January 2012, when she joined, 
as a shareholder, the Jackson law firm of Wise Carter Child & Caraway. 
Both of these firms are highly respected.
  During her almost 16 years in private practice, Ms. Brown has had the 
opportunity to be involved in numerous civil cases in a wide range of 
subjects. Her specialty was commercial construction and civil liability 
litigation. She is a member of the American Bar Association, the 
National Bar Association, and the Federal Bar Association, as well as a 
member of the Mississippi State Bar, the Magnolia Bar Association, and 
the Mississippi Women Lawyers Association, where she has served as 
president. She is a fellow of the Mississippi Bar Foundation. In 2004 
Ms. Brown received the Jackson Young Lawyers Outstanding Service Award, 
and in 2008 she was recognized by the Mississippi Business Journal as 
one of Mississippi's leading businesswomen.
  Her nomination was approved unanimously by the U.S. Senate Committee 
on the Judiciary. I am very pleased to support this nomination. Ms. 
Debra Brown is very well qualified for this important responsibility, 
and I am confident she will serve with distinction as a U.S. district 
court judge.
  The PRESIDING OFFICER. The Senator from Mississippi.
  Mr. WICKER. Madam President, I rise this afternoon, joining my 
colleague from Mississippi, in strong support of Debra Brown's 
confirmation to the U.S. District Court for the Northern District of 
Mississippi. Ms. Brown was nominated in May by President Obama to fill 
the seat held by my friend, the late district court judge Allen Pepper.
  As one of Mississippi's two U.S. Senators, I enthusiastically 
recommend Ms. Brown based upon her qualifications. In addition, I am 
thrilled and honored to be part of this historic moment for our State. 
If confirmed, Ms. Brown will become the first female African-American 
U.S. district judge in Mississippi. Making history, however, would be 
just the latest achievement in Ms. Brown's admirable career, which has 
reflected a longtime commitment to excellence--the kind of excellence 
her parents expected of her and her four sisters throughout their 
childhood. Ms. Brown would go on to make her parents proud and to be a 
credit to her hometown.
  Sharing in this special moment today is Ms. Brown's native Yazoo 
City, MS. It is worth mentioning that along with Federal judges William 
Barbour and Carlton Reeves, Debra Brown now becomes the third district 
court judge in recent memory from the small town of Yazoo City.
  Ms. Brown is a proven trailblazer. As my colleague just stated, she 
was the second African-American female to graduate from the School of 
Architecture at Mississippi State University and the first member of 
her family to earn a law degree, which she completed in 1997 from the 
University of Mississippi School of Law. So her confirmation today will 
be a source of justifiable pride for two of Mississippi's great 
universities. Not many lawyers in the country have degrees in 
architecture and in law, and indeed Debra Brown is reportedly the only 
practicing lawyer in Mississippi with an architectural background.
  Following law school, Ms. Brown rose to become a partner in the law 
office of Phelps Dunbar in Jackson, MS. Since last year she has been a 
shareholder in the law firm of Wise Carter Child & Caraway, where she 
has handled a wide variety of commercial litigation matters before both 
Federal and State courts.
  According to press reports, Ms. Brown's friends expect her to be very 
coordinated, very detailed, and very prepared as a judge. Ms. Brown's 
college dean at Mississippi State University recalled that her key 
character traits are perseverance, diligence, and focus. He noted that 
she overcame early struggles, winning the top architecture student 
honor--the Alpha Rho Chi Medal--in her senior year.
  It is clear that Ms. Brown will bring a unique perspective to the 
court, drawing upon a diverse professional and educational background. 
I am confident her service will be good for our country, our State, and 
especially good for the city of Greenville, where she will preside. 
Having a judge who is also an architect would be particularly 
serendipitous for Greenville. The Federal courthouse there is woefully 
inadequate. The court is in desperate need of a new state-of-the-art 
courthouse. I am hopeful Ms. Brown's tenure will coincide with its 
construction.
  Although Ms. Brown's law career has focused primarily on civil 
litigation, her dedication to her profession goes far beyond casework. 
From 2003 to 2004 she served as president of the Mississippi Women 
Lawyers Association. She was also named by the Mississippi Business 
Journal as one of Mississippi's 50 leading businesswomen. In addition 
to pro bono work, Ms. Brown serves on the board of the Mississippi 
Center for Justice, a public interest law firm that combats 
discrimination and poverty in Mississippi, and Operation Shoestring, 
which empowers families and children in the Jackson community. She has 
been endorsed by a number of prestigious organizations, including the 
Magnolia Bar Association, which represents minorities and other lawyers 
and judges throughout the State of Mississippi.
  Our country needs judges who have a record of professional 
excellence, integrity, and public service. Ms. Brown has demonstrated 
this throughout her career. I urge my colleagues to vote for

[[Page 16678]]

her confirmation for the U.S. District Court for the Northern District 
of Mississippi.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Madam President, I am told the Senator from Illinois is 
waiting to speak. I know the time has been reserved for me on these 
judges, but of course I would be willing to yield to him.
  I ask the Chair, how long does the Senator from Illinois need?
  Mr. KIRK. A very brief time.
  Mr. LEAHY. Madam President, I will yield to him.
  I do want to tell my two friends from Mississippi that I agree with 
what they have said about their nominee. I was proud to vote for her in 
the Senate Judiciary Committee, proud to put her name on the agenda, 
and proud to have the hearing for her.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.
  Mr. KIRK. Madam President, I ask unanimous consent to deliver my 
remarks while seated.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Employment Non-Discrimination Act

  Mr. KIRK. Madam President, I have been silent for the last 2 years 
due to having a stroke a little under 2 years ago. I have come to speak 
because I believe so passionately in the ENDA statute. This is not a 
major change to law. It is already law in 21 States.
  I think it is particularly appropriate for an Illinois Republican to 
speak on behalf of this measure, in the true tradition of Everett 
McKinley Dirksen and Abraham Lincoln, men who gave us the 1964 Civil 
Rights Act and the 13th Amendment to the Constitution.
  With that, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GRASSLEY. Madam President, would I be in order to speak about 
judges who are going to be voted on?
  The PRESIDING OFFICER. The Senator would be in order.
  Mr. GRASSLEY. Madam President, I rise in support of the nominations 
of Debra M. Brown to be U.S. district judge for the Northern District 
of Mississippi and Gregory Howard Woods to be U.S. district judge for 
the Southern District of New York.
  Before we vote on these nominations, I want to inform my fellow 
Senators and the American people once again on the excellent progress 
we have made on nominations and the fair treatment of President Obama's 
nominees. With these confirmations today, the Senate will have 
confirmed 38 lower court article III judicial nominees this year.
  Despite what I frequently hear--that this President is being treated 
differently than President Bush--President Obama is clearly ahead of 
where President Bush was at a similar timeframe, meaning at this time 
in his second term. The 38 confirmations this year is more than 2\1/2\ 
times the number confirmed at a similar stage in President Bush's 
second term, when only 14 judicial nominees had been confirmed. In 
fact, for the entire fifth year of President Bush's term, only 21 lower 
court judges were confirmed. Again, in President Obama's fifth year we 
will have confirmed 38 nominees after today's votes.
  In addition to the robust pace of activity on the floor, the 
committee has had an aggressive schedule of hearings and business 
meetings taking action on many more nominees. In total, the Senate will 
have confirmed 207 lower court article III judges. We have voted 
against three nominees. So 207 to 3 being defeated is a success rate 
for the President of 99 percent of his nominees. I think that is a 
pretty outstanding record not just for President Obama but for any 
President. So I reject the continuing rhetoric regarding how 
Republicans are obstructing President Obama's judicial nominees.
  Again, I congratulate the nominees on their anticipated 
confirmations.
  Debra M. Brown is nominated to be United States District Judge for 
the Northern District of Mississippi. She received her B.Arch. from 
Mississippi State University in 1987. She worked as an associate in 
architectural firms until starting law school in 1994. She received her 
J.D. from University of Mississippi School of Law in 1997. Upon 
graduation, she joined Phelps Dunbar LLP as an associate, focusing on 
commercial litigation primarily in the financial and insurance context 
representing commercial clients such as banks, mortgage companies, 
property and casualty insurers and commercial property managers. She 
became partner in 2004, and handled matters concerning construction-
related litigation for construction sureties, general contractors and 
some subcontractors. In 2012, she moved to Wise Carter Child & Caraway, 
P.A. There, she continues to handle construction litigation, as well as 
representation of owners in construction matters, and representation of 
hospitals and medical providers in the context of employment law and 
medical malpractice. She has participated in 12 trials, two as sole 
counsel, and one as chief counsel.
  The ABA has given Ms. Brown a rating of ``Unanimous Qualified''.
  Gregory Howard Woods is nominated to be United States District Judge 
for the Southern District of New York. He received his B.A. from 
Williams College in 1991 and his J.D. from Yale Law School in 1995. 
After graduating from law school, Mr. Woods joined the Department of 
Justice as a trial attorney in the civil division. While at DOJ, his 
practice included investigating and litigating cases under the False 
Claims Act. In 1998, Mr. Woods joined Debevoise & Plimpton as an 
associate and was made an equity partner in 2004. At Debevoise & 
Plimpton his practice was focused almost exclusively on corporate 
transactional law. As a partner, he devoted his practice principally to 
finance and restructuring matters.
  In August 2009 he was named Deputy General Counsel for the Department 
of Transportation. In 2012, after Senate confirmation, he was appointed 
by President Obama to be General Counsel of the Department of Energy.
  The ABA has given Mr. Woods a rating of ``Majority Qualified, 
Minority Well Qualified''.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Madam President, I won't go on so much on the numbers, but 
I did hear my friend say there is a question whether President Obama 
has been treated differently than President Bush. I would note that 
when President Bush nominated John Roberts for the ninth seat to the 
D.C. Circuit, he was confirmed by every single Republican and Democrat 
voting for him.
  Patricia Millett, with exactly the same credentials as he for the 
Ninth seat, was filibustered by the Republicans. Were they treated 
differently? Yes. That happened last week, so it is fresh in our 
memories. But I wish to talk about a different issue.
  Today, Senators are finally going to have a chance to cast their vote 
and put on the record where every Senator stands on the fundamental 
issue of fairness. The Employment Non-Discrimination Act will help 
bring this great Nation one step closer to the goal of equal rights for 
all Americans.
  I have long believed that American workers should be evaluated based 
on how they perform, not on irrelevant considerations such as gender, 
race, gender identity, or sexual orientation, but on how they do the 
job. If they do the job, they ought to be praised for it. In these 
difficult economic times, ensuring equal protection in the workplace is 
even more critical. We have to do better. We shouldn't question if 
people should be treated the same in the workplace, but that is what 
has happened in parts of this country. Maintaining the status quo would 
keep in place a system that supports a second class of workers in a 
majority of States. This runs counter to the values on which America 
was founded. It has to end.
  The Employment Non-Discrimination Act would prohibit workplace 
discrimination and make it illegal to fire,

[[Page 16679]]

refuse to hire, or refuse to promote employees simply based on an 
individual's sexual orientation or gender identity. Currently, Federal 
law protects against employment discrimination on the basis of race, 
gender, religion, national origin, or disability--as it should. But it 
doesn't stop discrimination based on sexual orientation or gender 
identity. It is long overdue for Congress to extend these protections 
to all American workers.
  I am a native of Vermont. I am proud to represent the State of 
Vermont, as I have for almost four decades, in this body. One reason I 
am proud to represent Vermont is our State has led the country on so 
many civil rights issues. Vermonters believe in individual rights, in 
fairness, and in equality. More than two decades ago, our State of 
Vermont added sexual orientation to the list of protected categories in 
its antidiscrimination employment law, and Vermont expanded its 
protections to include gender identity protection 6 years ago. Yet in 
29 States, an employer can fire employees based on their sexual 
orientation, and in 33 States, they can be fired based on their gender 
identity. This is not right. I might also point out, Vermont has one of 
the lowest unemployment rates of any State in the country.
  Many employers have taken this issue into their own hands, making up 
for Congress's inaction by implementing important antidiscrimination 
policies. As of April of this year, 88 percent of the Fortune 500 
companies had nondiscrimination policies that included sexual 
orientation, and 57 percent had policies including gender identity.
  I wish to mention two Vermont companies in particular, Fletcher Allen 
Health Care and Green Mountain Coffee Roasters, for showing real 
leadership on this issue; they banned discrimination in the workplace 
based on gender identity and sexual orientation.
  I also applaud companies such as IBM, Microsoft, General Electric, 
and Time Warner for doing the right thing. Two of these companies have 
a major presence in Vermont. These corporations know that treating all 
their employees equally is not only fair--it also makes good business 
sense. They know that. It is time that we in Congress know that too.
  Workplace discrimination hurts families, and the hatred that drives 
discrimination has no place in a nation continually striving to form a 
more perfect union. So I thank Chairman Harkin for making this 
bipartisan legislation a priority in his committee, and for conducting 
the groundwork in creating the record we need to ensure this important 
bill's passage. The bipartisan team of Senator Merkley and Senator 
Collins brought together Members by their thoughtfulness and tenacity.
  A dear friend of mine used to sit in the back, and was in the Senate 
when I came here. I learned so much from him. I am speaking of Ted 
Kennedy. I have to think he is looking down on this Chamber tonight as 
we try to pass legislation he worked so hard to craft in his final 
years in the Senate. I was happy to work on this civil rights 
legislation with him then and with his partner on this effort, a former 
Vermont Senator, Jim Jeffords. We honor their leadership tonight with 
this vote.
  I am encouraged States and employers are moving forward where we have 
not. But I believe ending discrimination must also be a priority for 
Congress. I look at the distinguished Presiding Officer, and I think of 
her predecessor--another dear friend of mine for nearly four decades--
and the discrimination he faced when he came out of the service, having 
lost an arm, and having received the Medal of Honor for this country, 
and was still told in some places in America that he couldn't walk into 
their establishment. I am sure each of us can think of times of 
discrimination of all sorts.
  Let's pass legislation that bans all discrimination in the workplace, 
whatever it is. Until we do that, we will fail to achieve the motto 
engraved in Vermont marble above the Supreme Court building that 
declares ``Equal Justice Under Law.'' Let's make sure all Americans 
have the equal rights they deserve.
  I urge my fellow Senators to come together and support this important 
bipartisan bill without delay, and the other body to have the courage 
to stand up for America--standing up for all Americans, every single 
American--and vote for this legislation.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Madam President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Madam President, is there time remaining?
  The PRESIDING OFFICER. All time has expired.
  The question is, Will the Senate advise and consent to the nomination 
of Gregory Howard Woods, of New York, to be United States District 
Judge for the Southern District of New York.
  The nomination was confirmed.


                        Vote on Brown Nomination

  The PRESIDING OFFICER. The question is, Will the Senate advise and 
consent to the nomination of Debra M. Brown, of Mississippi, to be 
United States District Judge for the Northern District of Mississippi?
  Mr. LEAHY. Madam President, 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 assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Missouri (Mrs. 
McCaskill), and the Senator from Massachusetts (Ms. Warren) are 
necessarily absent.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Missouri (Mr. Blunt), the Senator from North Carolina (Mr. 
Burr), the Senator from Georgia (Mr. Chambliss), the Senator from 
Oklahoma (Mr. Coburn), the Senator from Arizona (Mr. McCain), the 
Senator from Kansas (Mr. Moran), the Senator from Alaska (Ms. 
Murkowski), and the Senator from Louisiana (Mr. Vitter).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 90, nays 0, as follows:

                      [Rollcall Vote No. 228 Ex.]

                                YEAS--90

     Alexander
     Ayotte
     Baldwin
     Barrasso
     Baucus
     Begich
     Bennet
     Blumenthal
     Booker
     Boozman
     Boxer
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coats
     Cochran
     Collins
     Coons
     Corker
     Cornyn
     Crapo
     Cruz
     Donnelly
     Durbin
     Enzi
     Feinstein
     Fischer
     Flake
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Hatch
     Heinrich
     Heitkamp
     Heller
     Hirono
     Hoeven
     Inhofe
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kaine
     King
     Kirk
     Klobuchar
     Landrieu
     Leahy
     Lee
     Levin
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Mikulski
     Murphy
     Murray
     Nelson
     Paul
     Portman
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schatz
     Schumer
     Scott
     Sessions
     Shaheen
     Shelby
     Stabenow
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Warner
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--10

     Blunt
     Burr
     Chambliss
     Coburn
     McCain
     McCaskill
     Moran
     Murkowski
     Vitter
     Warren

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

                          ____________________