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 Post subject: Senate Confirmations
PostPosted: Fri Dec 02, 2011 3:44 am 
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Joseph Robidoux III on May 10, 2011 wrote:
Grassley will attempt to keep Halligan off the DC bench. He still wants to get even.
Quote:
This seat, to which Ms. Halligan is nominated, became vacant with the elevation of John Roberts as Chief Justice of the United States in September 2005. Peter Keisler was first nominated for the seat in June of 2006.

His nomination stalled in committee in both the 109th and 110th Congress. Mr. Keisler was eminently qualified to serve on that court. He had a distinguished academic and professional record. His public service included serving as Acting Attorney General. Despite his qualifications, Mr. Keisler waited 918 days for a committee vote, which never came.

http://grassley.senate.gov/news/Article ... 1502=31511

Sterngard Friegen on May 10, 2011 wrote:
That's what being a statesman is all about.
Payback.

Guess whose nomination the Senate will have a cloture (and possible confirmation) vote on next week.
Caitlin Joan Halligan (Cal. No. 43)
Ordered, That at 11 a.m. on Tuesday, December 6, 2011, the Senate proceed to executive session to consider the nomination of Caitlin Joan Halligan, of New York, to be United States Circuit Judge for the District of Columbia Circuit; that there be one hour for debate equally divided in the usual form prior to the cloture vote; provided further, that with respect to the cloture motion filed, the mandatory quorum under Rule XXII be waived.
(December 1, 2011.)
http://www.senate.gov/legislative/LIS/e ... /xcalv.pdf

I don't expect the vote to be unanimous.

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 Post subject: Senate Confirmations
PostPosted: Tue Dec 06, 2011 5:25 pm 
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There was a cloture vote today regarding the Caitlin Halligan nomination for the US Court of Appeals for the District of Columbia Circuit that failed to get the necessary 60 yea votes. The vote was 54 yea, 45 nay and 1 present. All Democratic and Independent senators voted yea. All Republican senators except Lisa Murkowski and Orrin Hatch voted nay. Murkowski voted yea and Hatch voted present. Hatch normally votes present for all cloture votes regarding judicial nominations.
http://www.senate.gov/legislative/LIS/r ... vote=00222

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 Post subject: Senate Confirmations
PostPosted: Tue Dec 06, 2011 5:39 pm 
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JoeRuby - I rest my case.
Payback.

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 Post subject: Senate Confirmations
PostPosted: Tue Dec 06, 2011 9:13 pm 
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The White House wrote:
But today, her nomination fell victim to the Republican pattern of obstructionism that puts party ahead of country. Today’s vote dramatically lowers the bar used to justify a filibuster, which had required “extraordinary circumstances.” The only extraordinary things about Ms. Halligan are her qualifications and her intellect.
<<snipped>>
So I urge Senate Republicans to end this pattern of partisan obstructionism and confirm Ms. Halligan and the other judges they have blocked for purely partisan reasons.

http://www.whitehouse.gov/the-press-off ... n-halligan

It really didn't matter who President Obama nominated for this judgeship. Republicans publically voiced their displeasure at her work on gun lawsuits when her boss was New York Attorney General Eliot Spitzer. Todays cloture vote was payback for the Peter Keisler nomination that failed.

This was also one nomination that should have been pursued more effectively during the previous (111th) Congress (same applies for Goodwin Liu nomination).

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 Post subject: Senate Confirmations
PostPosted: Tue Dec 06, 2011 9:35 pm 
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I applaud Sen Leahy for not beating around the bush.
Sen Patrick Leahy wrote:
Many Republican Senators declared that they would never support the filibuster of a judicial nomination—never.
<<snipped>>
When Democratic Senators cooperated to confirm John Roberts to the D.C. Circuit in 2003, we broke the stalemate created by the Republicans refusal for years to even consider President Clinton’s nominees to that court. Like John Roberts, Caitlin Halligan is a highly-regarded appellate advocate with the kind of impeccable credentials in both public service and private practice that make her unquestionably qualified to serve on the D.C. Circuit. She should be confirmed, not unjustifiably filibustered.

Yet again, we see Senate Republicans shifting the standards they use and the arguments they make based on the party of the President making the nominations. They say one thing when President Clinton is in office, flip when the President is a Republican, and flop when the American people elect President Obama. The same Republican Senators who blocked President Clinton’s nominations from even being considered by the Judiciary Committee supported every nomination of President Bush’s to the D.C. Circuit, as they filled the ninth seat, twice filled the 10th seat on the court and went on to fill the 11th seat, a judgeship that they argued was unnecessary when a Democratic President was doing the nominating.
<<snipped>>
With three vacancies on the D.C. Circuit, that is the judgeship that Caitlin Halligan would be filling—not the 11th that Senate Republicans filled just recently, or the 10th that they voted twice to fill, but the 9th.

http://leahy.senate.gov/press/press_rel ... a64299aad9


Sen Patrick Leahy wrote:
Republican Senators who just a few years ago argued that filibusters against judicial nominees were unconstitutional and said that they would never support such a filibuster and those who care about the judiciary and the Senate need to step forward and do the right thing.

http://leahy.senate.gov/press/press_rel ... 4d26a2f069

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 Post subject: Senate Confirmations
PostPosted: Wed Dec 07, 2011 2:15 pm 
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Orrin Hatch is just as bad as any of the others. I give Lisa Murkowski (who was part of the gang of 14) courage for voting for cloture. Orrin Hatch has absolutely no guts. He says that he doesn't support judicial filibusters, but instead of voting for cloture (which would give every judicial nominee an "up-or-down vote", he votes "present" so that he "doesn't vote to sustain a filibuster" but it has the same effect.

These are the Republicans who were in the Congress who were in the Senate when they talked about doing the Judicial Filibuster.

Richard Lugar
Orrin Hatch
Thad Cochran
Chuck Grassley
Mitch McConnell
Richard Shelby
John McCain (Gang of 14)
Kay Bailey Hutchinson
Jim Inhofe
Olympia Snowe (Gang of 14)
Jon Kyl
Pat Roberts
Jeff Sessions
Susan Collins (Gang of 14)
Mike Enzi
Mike Crapo
Lisa Murkowski (Voted "Yes" on Cloture)
Saxby Chambliss
Lindsey Graham (Gang of 14)
Lamar Alexander
John Cornyn
Richard Lugar
Jim DeMint
Tom Coburn
John Thune
Johnny Isakson
David Vitter


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 Post subject: Senate Confirmations
PostPosted: Wed Dec 07, 2011 3:49 pm 
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Lamar Alexander (R-TN) wrote:
“I would never filibuster any President’s judicial nominee, period. I might vote against them, but I will always see they came to a vote.”

There are additional lies from some more liars at the following link.
http://www.washingtonmonthly.com/politi ... 033935.php
Take a wild ass guess how many of these Republicans Senators voted to filibuster the Halligan nomination despite their previous public promises.






















All of them.

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 08, 2011 2:16 pm 
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The Republican Senators aren't done filibustering Pres Obama's nominations. Today the Senate was unable to stop the filibuster of Richard Cordray to be the Director of the Consumer Financial Protection Bureau. SSDD.
http://consumerist.com/2011/12/senate-b ... ureau.html

I'll provide the vote tabulation when the Senate makes it available.
http://www.senate.gov/legislative/LIS/r ... vote=00223

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 08, 2011 2:58 pm 
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President Obama can start to get tough with Congress. When they recess he can make a recess appointment. And he can and should then immediately call Congress back into session. Let them spend their Christmas in D.C. The last time that happened? Harry S Truman and the Do-Nothing Congress. (Then Truman called Congress back in the Summer.)

I know Obama threatened something like that, today, but he did not expressly say he would re-convene Congress as the Constitution would allow him to do.

He should. Otherwise he's still a wimp who caves at the most inopportune time to the Republican thugs who have tried to destroy the economy.

I hate to sound like a PUMA, but Hillary Clinton would never have allowed any of this to happen. (And Barack Obama would have been an outstanding Secretary of State.)

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 08, 2011 3:09 pm 
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Sterngard Friegen wrote:
President Obama can start to get tough with Congress. When they recess he can make a recess appointment. And he can and should then immediately call Congress back into session. Let them spend their Christmas in D.C. The last time that happened? Harry S Truman and the Do-Nothing Congress. (Then Truman called Congress back in the Summer.)

I know Obama threatened something like that, today, but he did not expressly say he would re-convene Congress as the Constitution would allow him to do.

He should. Otherwise he's still a wimp who caves at the most inopportune time to the Republican thugs who have tried to destroy the economy.

I hate to sound like a PUMA, but Hillary Clinton would never have allowed any of this to happen. (And Barack Obama would have been an outstanding Secretary of State.)

I'm still unhappy with the way President Obama pissed away the early majorities he had in Congress in the misguided attempts at 'BiPartisanship'. He really should have rammed some of his campaign promises through at the time. I know that, politically, he was n't going to do that, but hoped he'd have done a bit more. Next term, he'd better simply firewall the throttles and push for the things he's promised, but it'll be a tough haul unless The House comes back to the Dems.

For the lurking RWNJ's, this does NOT mean I won't vote for him in November, We evil Liberals don't play the purity test game like Rethugs do, (for the most part)

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 08, 2011 3:14 pm 
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You can forget about recess appointments. The Senate meets every 2 or 3 days even when only 3 or 4 Senators are in town for a pro forma session. Take a wild ass guess who is demanding that.

The inability to deal with the Republican Senate minority is not just Pres Obama's fault. Democrats need a new Senate majority leader. Despite being someone who comes from Nevada, Sen Reid doesn't have a clue how to play poker.

Harry Truman did.

The 111th Congress was full of missed opportunities, opportunities the 112th will not even think of entertaining.

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 08, 2011 3:19 pm 
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Joe Ruby - All Harry Reid has to do is say no.

Shit.

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 08, 2011 4:09 pm 
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A President Hillary Clinton assisted by a Senate Majority Leader Charles Schumer (or Barbara Mikulski or Barbara Boxer) would probably have prevented many of my frustrations with those who presently occupy these positions.

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 Post subject: Senate Confirmations
PostPosted: Fri Dec 16, 2011 4:08 am 
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Yesterday the Senate confirmed the nominaton of Morgan Christen to the US Court of Appeals for the 9th Circuit by a 95-3 vote.
http://www.senate.gov/legislative/LIS/r ... vote=00231

This little tidbit caught my attention.
LA Times wrote:
Christen, a 50-year-old Washington state native, was named to the Alaska high court in 2009 by then-Gov. Sarah Palin, a choice largely forced on the conservative governor by Alaska's practice of having the state judicial council narrow potential candidates to two. Christen was opposed by some religious and anti-abortion groups because of her previous work as an attorney for Planned Parenthood and in battling Big Oil after the Exxon Valdez spill.

http://www.latimes.com/news/custom/la-m ... 6715.story
Saint Sarah nominated an attorney who previously represented Planned Parenthood? Who da thunk it!
Not exactly a glowing recommendation for the attorney that was not selected.

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 Post subject: Senate Confirmations
PostPosted: Thu Dec 29, 2011 6:39 pm 
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Joseph Robidoux III wrote:
Joseph Robidoux III on Oct 23 wrote:
Republican Senators are not in a hurry to eliminate all the vacancies but that is to be expected. What is frustrating is the tardiness the White House exhibits in offering nominees to the Senate. During most of the Obama presidency, almost half of the judicial vacancies had no nominee for the Senate to even consider.
http://www.uscourts.gov/JudgesAndJudges ... ncies.aspx

Update As Of Dec 1:
Article III Judicial Vacancies
Circuit Courts---16 Vacancies with 10 Nominees
District Courts--63 Vacancies with 32 Nominees
http://www.uscourts.gov/JudgesAndJudges ... ncies.aspx

Update As Of Dec 29:
Article III Judicial Vacancies
Circuit Courts---14 Vacancies with 6 Nominees
District Courts--64 Vacancies with 28 Nominees
http://www.uscourts.gov/JudgesAndJudges ... ncies.aspx

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 Post subject: Senate Confirmations
PostPosted: Mon Jan 23, 2012 9:54 pm 
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Today the Senate confirmed John Gerrard to be a USDC judge for the District of Nebraska by a 74-16 vote.
http://www.senate.gov/legislative/LIS/r ... vote=00001

Some Republican Senators are upset with the recess NLRB appointments Pres Obama made earlier this month. It shouldn't be any surprise which Senator is threatening payback.
Sen Grassley wrote:
<<snipped>>
But with regard to this nomination I hope my colleagues understand that even though we are proceeding under regular order today, it is only because this unanimous consent agreement was locked in before the President demonstrated his monarchy mentality by making those appointments. I am not going to hold this nominee accountable for the outrageous actions of the President.

However, as this is a matter of concern to my Republican colleagues, as it should be for all Senators, we must consider how we will respond to the President and restore a constitutional balance.
<<snipped>>
The appointment power is a shared power between the President and the Congress. When one party turns a shared power into a unilateral power, the fabric of the Constitution is itself violated. And a response is called for.

Chuckie's rant is at the link (all 57 paragraphs).
http://www.grassley.senate.gov/news/Art ... 1502=38691

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 Post subject: Senate Confirmations
PostPosted: Mon Jan 23, 2012 10:19 pm 
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This is not snark. I think Senator Grassley has suffered some kind of ...mental impairment. Maybe a small stroke or just age-related. I can't quite put my finger on it, but it's more than angry old man yelling at clouds.

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 Post subject: Senate Confirmations
PostPosted: Tue Jan 24, 2012 9:08 pm 
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Prior to the Senate confirmation vote for almost every nominee in 2011, there were competing claims immediately made on the Senate floor. Sen Leahy would first charge that Republicans were delaying Pres Obama's judicial nominations and that the Senate had confirmed significantly fewer of those nominees than those confirmed during GW Bush's first term (both claims are true). During the next speech Sen Grassley would claim Republicans are doing no such thing and that the Senate had confirmed more of Pres Obama's nominees than those of Pres Bush during Bush's second term (Grassley's first claim is false but the second is true).

Leahy and Grassley brag of being close friends (their spouses also). Both are just doing their job.

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 Post subject: Senate Confirmations
PostPosted: Mon Jan 30, 2012 9:35 pm 
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Sen Mike Lee (R-UT) has recently stated he will oppose all of Pres Obama's nominations (not just the judicial) in retaliation for Obama's January recess nominations.
http://thehill.com/blogs/on-the-money/1 ... ointments-
Sen Grassley has already stated he expects the Senate to begin operating under the "Thurmond Rule" sometime between July and September this year.
Sen Grassley wrote:
I would note that the Chairman has in the past stated: “The ‘Thurmond Rule’ is that after July or the nominating conventions no more judges will be confirmed in a Presidential election year unless there is consent.”

In elaborating he explained, “Consent of the majority and minority leaders as well as the chairman and ranking member of the Judiciary Committee came to be the norm.”

He has also noted that “Historically, in the last year of an administration, consideration of nominations slows, the ‘Thurmond rule’ is invoked and vacancies are left to the winner of the Presidential election.”

(Chuckie's 57 paragraph rant again)
http://www.grassley.senate.gov/news/Art ... 1502=38718
It doesn't appear anything has changed other than the Republican Senators have found something to justify their obstructionism.

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 Post subject: Senate Confirmations
PostPosted: Wed Feb 01, 2012 6:40 pm 
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Joseph Robidoux III wrote:
Joseph Robidoux III wrote:
Update As Of Dec 1:
Article III Judicial Vacancies
Circuit Courts---16 Vacancies with 10 Nominees
District Courts--63 Vacancies with 32 Nominees
http://www.uscourts.gov/JudgesAndJudges ... ncies.aspx

Update As Of Dec 29:
Article III Judicial Vacancies
Circuit Courts---14 Vacancies with 6 Nominees
District Courts--64 Vacancies with 28 Nominees
http://www.uscourts.gov/JudgesAndJudges ... ncies.aspx

Update As Of Feb 1:
Article III Judicial Vacancies
Circuit Courts---16 Vacancies with 9 Nominees
District Courts--68 Vacancies with 30 Nominees
http://www.uscourts.gov/JudgesAndJudges ... ncies.aspx

What is frustrating is the tardiness the White House exhibits in offering nominees to the Senate. During most of the Obama presidency, almost half of the judicial vacancies had no nominee for the Senate to even consider.

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 Post subject: Senate Confirmations
PostPosted: Thu Feb 02, 2012 5:10 pm 
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Joseph Robidoux III wrote:
Sen Mike Lee (R-UT) has recently stated he will oppose all of Pres Obama's nominations (not just the judicial) in retaliation for Obama's January recess nominations.
http://thehill.com/blogs/on-the-money/1 ... ointments-

Sen Lee got his first chance today and voted in committee against the following nominations:

Paul J. Watford, to be United States Circuit Judge for the Ninth Circuit
Ordered Reported By Roll Call Vote, 10-6

Dennis J. Erby, to be United States Marshal for the Northern District of Mississippi
Ordered Reported By Voice Vote, One Recorded as No

Anuj Chang Desai, to be a Member of the Foreign Claims Settlement Commission
Ordered Reported By Voice Vote, One Recorded as No
http://www.judiciary.senate.gov/
If any US Attorney or Marshall for Utah needs replacing, we can probably expect Lee to kill the nomination by refusing to return his blue slip. The nominee will never get a hearing, much less being reported to the full Senate for consideration.

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 Post subject: Senate Confirmations
PostPosted: Mon Feb 13, 2012 8:46 am 
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The Senate will proceed to executive session at 4:30pm et today to consider the nomination of Adalberto Jose Jordan to be a Circuit Judge for the 11th Circuit. The Senate's executive calendar notes that after 1 hour of debate there will be a cloture vote. What's odd about this is Jordan was reported out of the Judiciary Committee unanimously on a voice vote along with 6 other nominees (3 for District Court Judges and 3 for US Marshals) en banc. Sen Sessions congratulated Pres Obama for nominating Jordan and then offered compliments about the nominee. The vote is at aproximately the 34:00 mark of the webcast with Sessions' comments about Jordan and John Gerrard following that vote.
http://www.judiciary.senate.gov/hearing ... 2c9e0f58df
http://www.senate.gov/legislative/LIS/e ... /xcalv.pdf

The lone nominee who was excluded from this group was Gerrard who was then reported on a voice vote with Sen Sessions being the sole no vote. Another oddity is Gerrard was confirmed to be a District Court Judge for the District of Nebraska by the full Senate January 23, 2012 by a 74-16 vote.

The only explanation I can offer for the cloture vote is there are some pissed off Republicans wanting to blow off some steam publicly because of the recess NLRB nominations.

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 Post subject: Senate Confirmations
PostPosted: Mon Feb 13, 2012 9:14 pm 
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The Senate agreed to the cloture motion on a 89-5 vote. The nay votes came from Senators Roy Blunt, Mike Lee, Rand Paul, Patrick Toomey and David Vitter. The confirmation vote that would normally immediately follow is being held up by Lee. David Oscar Markus (a Florida attorney who authors the Southern District of Florida blog) wrote that the confirmation has been delayed due to one Senator for 30 hours for "post cloture" debate. The Senate site shows a confirmation vote is scheduled for 11:00pm et tomorrow.
US Senate wrote:
11:00 p.m.: Proceed to executive session to consider the nomination of Adalberto Jose Jordan of Florida to be United States Circuit Judge for the Eleventh Circuit.

http://sdfla.blogspot.com/2012/02/judge ... ation.html
http://www.senate.gov/legislative/LIS/r ... vote=00018
It appears Lee is going to use a variety of parliamentary maneuvers (there are many) to obstruct any and all of Pres Obama's nominations.
Miami Herald wrote:
Sen. Mike Lee, R-Utah, has vowed to vote against or hold up all of Obama’s nominees — even those from Utah — in response to a recess appointment by the president. Lee objects in particular to Obama’s appointment in January of Richard Cordray, the director of the new Consumer Financial Protection Bureau.

http://www.miamiherald.com/2012/02/13/2 ... ly-to.html
The White House and Senate Democrats need to label all the Senate Republicans as obstructionists and let them deal with the negative implications.

Edit: A unanimous-consent agreement was reached providing for further consideration of the nomination at approximately 11 a.m., on Tuesday, February 14, 2012; and that all time during adjournment, morning business and recess count post-cloture.
http://thomas.loc.gov/cgi-bin/query/B?r ... ;FLD003+d&#41;+@FIELD(DDATE+20120213)

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 Post subject: Senate Confirmations
PostPosted: Tue Feb 14, 2012 10:24 pm 
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Looks like the rule for post-cloture debate requires a minimum of 30 hours before any further action may be taken. From the Senate's homepage:
US Senate wrote:
12:00 Noon: Proceed to executive session to consider the nomination of Adalberto Jose Jordan of Florida to be United States Circuit Judge for the Eleventh Circuit.

http://www.senate.gov/

The Senate's executive calendar suggests there won't be any further delay. The Senate is allocating a whole 2 minutes for debate prior to the confirmation vote.
US Senate wrote:
UNANIMOUS CONSENT AGREEMENT
Adalberto Jose Jordan (Cal. No. 437)

Ordered, That following Morning Business on Wednesday, February 15, 2012, the Senate proceed to Executive Session and resume consideration of the nomination of Adalberto Jose Jordan, of Florida, to be United States Circuit Judge for the Eleventh Circuit, with 2 minutes of debate equally divided and controlled in the usual form prior to a vote on confirmation of the Jordan nomination; that upon confirmation of the nomination, the motion to reconsider be considered made and laid upon the table with no intervening action or debate; that no further motions be in order; that the President be immediately notified of the Senate's action and the Senate then resume legislative session. (February 13, 14, 2012.)

http://www.senate.gov/legislative/LIS/e ... /xcalv.pdf

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 Post subject: Senate Confirmations
PostPosted: Thu Feb 16, 2012 12:55 am 
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The Senate today confirmed USDC Judge Adalberto Jordan to be a Circuit Judge by a 94-5 vote. The five nay votes were from Senators Roy Blunt, Jim DeMint, Mike Lee, Patrick Toomey and David Vitter. Rand Paul, who on Monday voted against cloture, voted today to confirm Judge Jordan. DeMint did not vote on the cloture motion.
http://www.senate.gov/legislative/LIS/r ... vote=00019

The next act for the Lee circus should in the center ring shortly.
US Senate Executive Calendar wrote:
UNANIMOUS CONSENT AGREEMENT
Jesse M. Furman (Cal No. 366)

Ordered, That with respect to the cloture motion filed on the nomination of Jesse M. Furman, of New York, to be United States District Judge for the Southern District of New York, the mandatory quorum required under Rule XXII be waived. (February 15, 2012.)

http://www.senate.gov/legislative/LIS/e ... /xcalv.pdf

There was an interesting development in the Senate Judiciary Committee today. Four nominees (1 for Circuit Judge and 3 for District Judge) had their hearing today. One USDC nominee (Mary Geiger Lewis) was nominated March 16, 2011 and another USDC nominee (Jeffrey J Helmick) was nominated May 11, 2011. Nominees normally have to wait that long for their initial hearing only when their nomination is opposed by one or more Senators via blue slip (or secret holds in the past before they were banned). Sen Lindsey Graham spoke highly of Lewis (nominated for USDC District of South Carolina).
http://www.senate.gov/fplayers/jw57/com ... 2p&st=1100

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