Bill Frist

Mr. FRIST

Mr. FRIST. Madam President, we would be happy to.

Mr. FRIST. Madam President, calling upon my earlier cardiac surgical days, we will start as early in the morning as the Democratic leader would like. In all seriousness, we will agree upon a time in the morning so that we will have plenty of time.

Mr. FRIST. Madam President, I ask unanimous consent that the Senate now proceed to the consideration of Executive Calendar No. 103, the nomination of John Bolton, to be U.N. ambassador; provided further that the debate up to 6:30 this evening be equally divided between the chairman and ranking member; I further ask that if a cloture motion is filed on the nomination, notwithstanding the provisions of rule XXII, that vote occur at 6 p.m. on Thursday with a live quorum waived; provided further that when the Senate resumes debate on the nomination on Thursday, all time until 6 p.m. be equally divided as stated above; further, that if cloture is invoked on the nomination, the Senate then proceed to a vote on the confirmation of the nomination with no further intervening action or debate; provided further that following that vote, the President be immediately notified of the Senate's action and the Senate resume legislative Senate; finally, I ask consent during the debate on the nomination, Senator Voinovich be in control of 1 hour of debate.

Mr. FRIST

Mr. FRIST. I move to reconsider the vote and I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. FRIST. Mr. President, in a few moments, the Senate will finally vote up or down on the nomination of Justice Priscilla Owen to the Fifth Circuit Court of Appeals. Four years--it has been a long road for Justice Owen, much longer than anyone would have or could have anticipated when she was nominated about 4 years and 2 weeks ago. She has endured 4 years of delay, 9 hours of committee hearings, hundreds of questions, and more than 100 hours of debate on this Senate floor. In fact, it is interesting, the Senate has debated Justice Owen more days than all the sitting Supreme Court Justices combined. Today she will get the fair up-or-down vote she deserves. Justice Owen has withstood an orchestrated partisan attack on her record as a judge and, indeed, at times on her character. Only a few days ago, opponents unfairly labeled her as too extreme to serve on the Federal bench, but those unfair attacks have not succeeded. Justice Owen, as we all know, is a distinguished mainstream jurist. She has exhibited extraordinary patience and courage in the face of continuous and sometimes vicious criticism. But today finally she will get that fair up-or-down vote, and I am confident she will be confirmed. Today does mark a triumph of principle over politics, results over rhetoric. For far too long on judicial nominees, the filibuster was used to facilitate partisanship and to subvert principle. Through this debate, we have exposed the injustice of judicial obstruction in the last Congress and advanced those core constitutional principles that all judicial nominees deserve a fair up-or-down vote. This vote should mark--will mark, I hope--a new beginning in the Senate, a step forward for principle, a step forward for fairness and the Constitution, but we cannot stop at this single step. I look forward to confirming other previously blocked nominees. I look forward to reading about partisan judicial obstruction only in the history books, and I hope the constitutional option does not become necessary. I urge my colleagues to join me in support of the confirmation of Justice Owen. Mr. President, I ask for the yeas and nays.

Mr. FRIST

Mr. FRIST. Mr. President, I appreciate the comment of the Democratic leader. We have agreed on the schedule for the week, and it is really to get to the Bolton nomination as soon as we possibly can. He is talking to Senators on his side, and I have to talk to some on our side. We are both eager to get on to the nomination, which we plan to do today. I appreciate the Democratic leader coming to encourage us along. We will work things out here shortly on the plans to proceed to the Bolton nomination after the Owen nomination.

Mr. FRIST

Mr. FRIST. Well, I think we need to think how much we can do realistically this week. With that understanding and the backlog we have on judges, if we can move those expeditiously--and we put in a plan or process to do so--we should do just that. We have had various offers from your side of the aisle on the Michigan judges and on Griffith, and now we have this memorandum of understanding for up- or-down votes on three other nominees we have been debating. Leadership to leadership, we ought to sit down and plan how we can deal with judges since we have waited a long time for these up-or-down votes and since offers have been made back and forth. In light of the understanding the 14 Senators came to, I think we should move expeditiously and address the judges who have been waiting a long time. At the same time, we have other very important business--John Bolton to be Ambassador to the U.N.--which we do need to address as well. As I say that, I want to make an appeal to Senators. A lot has been said about many of the judges, and I don't believe we have to say it again. Whether it is on Priscilla Owen, who I am confident will get an up-or-down vote, or on to some of the other judges, I want to make sure everything gets said. But on a lot of these, we have had a lot of debate. I would like to sit down with the Democratic leader, in light of the events of yesterday, and plan out this week so it will be productive. We have a lot of other important business, such as an energy bill and a highway bill, that we need to also address.

Mr. FRIST. Madam President, we will talk over the course of the morning because over the next 5 days, with the memorandum of understanding, we would like to move ahead and address many of the judges. At the same time, we have the nomination of John Bolton, whom the Democratic leader and I have briefly discussed. I do want to be able to continue with the cloture vote that is now on the schedule for noon today. It is important to do so in part because of the events of yesterday, and I want to follow regular order. With that memorandum of understanding, which is important--it is not what the Democratic leader or I asked for--it is important that we see how it is going to be implemented, and the first step will be that vote today. We do have a lot to do this week. I want to keep things organized efficiently and well and use time wisely.

Mr. FRIST

Mr. FRIST. In order to place the bill on the calendar under the provisions of rule XIV, I object to further proceeding.

Mr. FRIST. Mr. President, I understand there is a bill at the desk that is due for a second reading.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, we have a good plan for the remainder of the week with that vote and proceeding with the nomination of John Bolton.

Mr. FRIST. Tomorrow, following morning business, the Senate will resume consideration of Priscilla Owen to be U.S. circuit judge for the Fifth Circuit. Under a previous agreement, at 12 noon tomorrow, we will proceed to the vote on the confirmation. Following the vote on the Owen nomination, it is my expectation that we will move forward with the nomination of John Bolton to be ambassador to the United Nations. Our colleagues on the other side of the aisle have indicated they would need a good deal of time to debate the nomination. We plan to complete action on the Bolton nomination this week, and I will work with the Democratic leader to lock in a time agreement on the nomination.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in adjournment until 9:30 a.m. on Wednesday, May 25. I further ask that following the prayer and the pledge, the morning hour be deemed to have expired, the Journal of the proceedings be approved to date, the time for the two leaders be reserved, and the Senate then begin a period of morning business for up to 60 minutes, with 30 minutes under the control of the majority leader or his designee, and the final 30 minutes under the control of the Democratic leader or his designee. Following morning business, the Senate will return to executive session and resume the consideration of the nomination of Priscilla Owen to the Fifth Circuit Court of Appeals, as provided under the previous order.

Mr. FRIST

Mr. FRIST. As in executive session, I ask unanimous consent that the nomination of Charles S. Ciccolella, of Virginia, to be Assistant Secretary of Labor for Veterans Employment and Training, be jointly referred to the Committees on HELP and Veterans' Affairs.

Mr. FRIST. Mr. President, as in executive session, I ask unanimous consent that at a time determined by the majority leader, after consultation with the Democratic leader, the Senate proceed to the consideration of Executive Calendar No. 66, the nomination of Thomas Griffith to be U.S. circuit judge for the District of Columbia Circuit; provided further that there be 4 hours equally divided for debate on the nomination between the chair and the ranking member or their designees; provided further that following the use or yielding back of time, the Senate proceed to a vote on the confirmation of the nomination with no further intervening action or debate; finally, that the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. FRIST. Mr. President, as in executive session, I ask unanimous consent that at a time determined by the majority leader, after consultation with the Democratic leader, it be in order to move to proceed en bloc to the following nominations, if reported by the Judiciary Committee; provided further that they be considered under a total time limitation of 10 hours equally divided between the chairman and ranking member or their designees; provided further that following the use or yielding back of time, the Senate proceed to votes on the confirmation of the nominations, with no further intervening action or debate. The nominations are as follows: David McKeague, to be U.S. circuit judge for the Sixth Circuit; Richard Griffin, to be U.S. circuit judge for the Sixth Circuit. Finally, I ask consent that following the votes, the President be immediately notified of the Senate's action, and the Senate then resume legislative session.

Mr. FRIST

Mr. FRIST. I ask unanimous consent Senate report 109-69 be star printed with the changes at the desk.

Mr. FRIST

Mr. FRIST. I ask unanimous consent there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. I ask unanimous consent that when the Senate resumes consideration of the Owen nomination tomorrow morning, the time until 12 noon be equally divided between the two leaders or their designees; provided further that at noon, all time be expired under rule XXII and the Senate proceed to the vote on the confirmation of the nomination with no intervening action or debate; and provided further, following that vote, the President be immediately notified of the Senate's action.

Mr. FRIST. I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Madam President, this morning we will continue debate in executive session on the nomination of Priscilla Owen to be a U.S. Circuit judge for the Fifth Circuit, and today at noon we will have a cloture vote with respect to the Owen nomination. In light of the events of yesterday, I expect cloture will be invoked this afternoon. If that cloture vote is successful, it is my desire to proceed expeditiously to vote on that confirmation. Members have had the opportunity to speak for over 40 hours, and hopefully we will not need much time following cloture. I am happy to yield to the Democratic leader. I have a brief statement commenting on the events of last night.

Mr. FRIST

Mr. FRIST. Madam President, I wish to briefly comment on the events of last night. The evening moved very quickly, and it did alter the course of what likely would have occurred over the course of today. Certain adjustments will be made and are being made, as we just heard in the colloquy between the Democratic leader and I, in terms of the schedule. Although I am not a party of the memorandum of understanding signed last night by 14 of our colleagues, I have had the opportunity to further review that agreement in more detail. I do believe the memorandum of understanding makes modest progress in that three individuals will get up-or-down votes on the floor of the Senate. To me, it does stop far short of guaranteeing judicial nominees the fair up-or-down votes they deserve--other nominees, nominees in the future. I say that and recognize that with civility and trust, which are two values I have tried to stress again and again, and with that memorandum of understanding being a starting point and the spirit in which it was generated, I believe we can successfully bring these nominees to the floor, after coming through the Judiciary Committee, debate them extensively, and ultimately bring them to a vote. I believe that is the spirit. It will be spun by the left and the right and conservatives and liberals in various ways. I did not sign off on the memorandum of understanding because it stops far short of the principle, but it does put us in a position to move forward expeditiously without delay, without filibuster, giving these nominees the votes they deserve and the courtesy of a vote. It is our responsibility to vote and give them that advice and consent through that up-or-down vote. On the agreement, first, it does begin to break the partisan obstruction we have seen over the last 2 years. Thematically, it is important to get away from extreme partisanship. Parties are important, the clash of ideas is important, But where partisanship is injected into the system and brings advice and consent to a stop, it is wrong. I believe that is the spirit in which the memorandum of understanding, with seven Senators from both sides of the aisle, was written. Indeed, Priscilla Owen will get an up-or-down vote later today. Janice Rogers Brown will get an up-or-down vote. William Pryor will get an up-or-down vote. They all will receive the courtesy and fairness of a vote. Other qualified nominees who have been waiting deserve that same courtesy and fairness. Why just those three? Why exclude two others? Why be silent on others? That is where the agreement stops far short of the principle I have brought to the floor, a principle based on fairness. Second, the agreement, if followed in good faith, will make filibusters in the future, including Supreme Court nominees, almost impossible. The words in that agreement of ``will not filibuster except under extraordinary circumstances,'' obviously, I am concerned about because if extraordinary circumstances are defined as they were in the last Congress, which I believe is wrong, on people such as Miguel Estrada, who came to this country as an immigrant from Honduras, not able to speak English very well, who with hard work worked his way to the top of his profession, arguing 15 cases in the Supreme Court, if that is extraordinary circumstances, then this agreement will mean very little. We have to wait and see. The agreement will have to be monitored. The implementation of the memorandum of understanding is critical. Third, let me be clear: The constitutional option remains on the table. It remains an option. I will not hesitate to use it if necessary. It should be used as a last resort. Nobody wants to use the constitutional option, but it is the only response if there is a change in behavior as we saw in the last Congress that is extraordinary, which is something that I believe has been absolutely rejected by the memorandum of understanding in saying that we are not going to be filibustering as we did in the last Congress. My goal is restoring the principle of fair up-or-down votes, the principle that governed this body for 214 years until the last Congress. I will say that if the other side of the aisle acts in bad faith, if they resume that campaign of routine obstruction where one out of every three or four nominees coming from the President who make it through the Judiciary Committee, who make it to the Executive Calendar is filibustered, the constitutional option is going to come out again. I will bring it out. And once again, I will set a date to use it. If that is what it takes to move this body forward, we will do that once again. The constitutional option is not a threat. It ought to be used as a response behavior which I believe is inappropriate to this body as we consider nominees. All the constitutional option does is it brings it to the floor. One hundred Senators can make the decision as to whether the fairness of up-or-down votes is a principle to which they agree. I look at all of this today as having the opportunity to begin the execution of the memorandum of understanding, using regular order of business. The regular order is, as was set out several weeks ago, to debate Priscilla Owen extensively, exhaustively, which we have done, over 21 days of debate on the Senate floor on Priscilla Owen, and then bring it to closure. We had to file a cloture motion. We made an offer of 10, 15 hours, and that was turned down by the other side. So we filed a cloture petition, and we will have the cloture vote in regular order. Depending on the outcome, we will in all likelihood move to an up-or-down vote. I expect this afternoon that we will confirm Priscilla Owen and, by the end of the week's process, Janice Rogers Brown, and William Pryor. I will work with the minority leader in terms of the best timing. I will work with the Judiciary Committee as well and other Senators to move forward expeditiously on other nominees. We have had discussions and offers from the other side to move ahead with Tom Griffith, which I hope we can do shortly; offers on the Sixth Circuit nominees David McKeague, Susan Neilson, and Robert Griffin, all of whom deserve a vote on the floor of the Senate, an up-or-down vote. So all this has been a very significant, substantial debate. I believe the injustice of judicial obstruction in the last Congress has been exposed, talked about, recognized, and I believe we have now-- it is not guaranteed--the opportunity to return to the traditions of 214 years and precedents of 214 years to give these nominees fair up- or-down votes. I hope that progress continues. I am confident it will. I am cautiously optimistic. Fair up-or-down votes is a principle I believe in and will continue to fight for on the floor of the Senate. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Senate stand in recess subject to the call of the Chair.

Mr. FRIST

Mr. FRIST. Mr. President, through the Chair, I expect, because of the large amount of interest, that we will stay here until everybody does have that opportunity to speak. We will have the cloture vote, and you and I can discuss shortly the timing. But likely we will do the cloture vote possibly late tomorrow morning. We do want to give people an opportunity. We have spent 26 hours over the course of 3 days, but in all likelihood it will be a very late night tonight.