The Focus of Today's Session will be
Judicial Nominations

            11:00 P.M.         

The debate on the four judicial nominees will continue throughout the night. While it was originally stated that the debate would last for 30 hours, meaning it would end at midnight tonight, senators announced earlier today that they plan to continue beyond the 30 hour mark. More from the Floor will resume coverage of this debate first thing tomorrow morning.

            10:45 P.M.         

Senator Mary Landrieu is passionately speaking on the floor. She started off her time asking if Senator Hatch, the Chairman of the Senate Judiciary Committee, knew what '98%' represented. When he replied that he did not know, she told him it is the percentage of President Bush's judicial nominees who have been confirmed by the Senate. She is now vehemently refuting previous comments made by other senators.

            10:15 P.M.         

Senator John Rockefeller of West Virginia just discussed how economic growth does not necessarily mean a better job market and that people suffer more from being unemployed than from weak economic growth.

            10:00 P.M.         

An hour of debate equally divided between the parties is scheduled to begin at 8:30 tomorrow morning, followed at 9:30 by cloture votes on Janice R. Brown, of California, to be a U.S. Circuit Court Judge for the District of Columbia; Carolyn B. Kuhl, of California, to be a U.S. Circuit Court Judge for the Ninth Circuit; and Priscilla Richman Owen, of Texas, to be a U.S. Circuit Court Judge for the Fifth Circuit.
 

            9:15 P.M.         

Senator Orrin Hatch compared what he sees happening with judicial nominees to a Far Side cartoon. He went on, although he has laryngitis, to describe the cartoon: a few cowboys are standing over a fallen man one of them shot. While the one who shot the man is asking the fallen man questions, one of the other cowboys is explaining to the shooter that one must ask questions first and shoot second, not the other way around.

            8:45 P.M.         

Senator Debbie Stabenow is sharing with the Senate an article from a local newspaper in Michigan that mentions the closing of a plant after 54 years of operation, resulting in the loss of thousands of jobs. The Senator expressed her strong desire to discuss those jobs rather than the jobs of the four nominees which are being considered by the Senate.

            8:15 P.M.         

After expressing his feeling that he does not believe this debate will change anyone's mind, Senator Ben Nighthorse Campbell became one of the first Republican senators to discuss a legislative matter during this 30 hour period. He spoke about his bill the Law Enforcement Officers Act of 2003.

            7:45 P.M.         

While discussing some of the claims that have been made today by senators on both sides of the aisle, Senator Tom Carper of Delaware used a chart which illustrated that 55 of President Clinton's nominees were denied an up or down vote, whereas 4 of President Bush's have not had an up or down vote. Senator Patrick Leahy is now talking on floor. The Senator is reading letters he has received from Vermont constituents who look to the Senator for his help in filling judicial vacancies with talented judges who are well-known and respected in their legal communities for legal skills and integrity.

            7:15 P.M.         

Senator Richard Shelby of Alabama voiced his support of the nominations of William Pryor and Janice Rogers Brown. Justice Brown was nominated by President Bush to serve on the United States Court of Appeals for the District of Columbia on July 25, 2003. A hearing was held on October 22, 2003 on this nomination. On November 6, her nomination was reported out of Committee on a 10-9 vote. Senator Charles Grassley of Iowa is now speaking, beginning his statement with the comment that the Democrats would like people to think it's always Halloween and President Bush is trying to spook the country with his nominees.

            6:45 P.M.         

Senator Dick Lugar of Indiana asked for an up or down vote on the four nominees who are being discussed. In addition, he discussed the importance of the manner in which a nominee is selected and how he created a nominating committee in Indiana which would assist in suggesting possible nominees whenever a judicial vacancy occurred.

            5:45 P.M.         

Senator Ted Kennedy of Massachusetts is speaking passionately about whether the Senate is living up to the expectations of what was intended by our country's Founding Fathers. The Senator described in detail the accounts of the debate that occurred between the Founding Father which resulted in the President having the power to nominate judges, while the Senate has the central role to advise and consent of these nominees.

            4:45 P.M.         

Senator Mark Dayton of Minnesota is discussing his frustration with this 30 hour period of debate he has deemed the "blameathon." The Senator just proposed deducting 15 hours of pay from each Senator's salary, so that taxpayers are not paying for this debate. This suggestion was denied.

            4:15 P.M.         

Senator Trent Lott of Mississippi is on the floor claiming that not a single nominee was filibuster while he was the Majority Leader of the Senate.

            3:30 P.M.         

Senator Larry Craig of Idaho, a freshman on the Judiciary Committee, spoke about the qualifications used to consider nominees during their confirmation process. Senator Patty Murray of Washington is now speaking about wanting to focus on legislation concerning an extension for unemployment insurance.

            3:00 P.M.         

Senator Frank Lautenberg of New Jersey is speaking on the floor about health care and about how he would much prefer that the Senate focus its time on working on health care legislation rather than on the confirmation of the four judges being discussed. The Previously, Senator Herb Kohl was responding to comments that Senator Murkowski had made. He mentioned that the judicial vacancy rate is presently less than 5%, the lowest its been since 1985.

            2:15 P.M.         

Senator Lisa Murkowski of Alaska is presently on the floor discussing the trends by year of judicial vacancies and by circuit.

            2:00 P.M.         

Rather than focus on judicial nominations, Senator Debbie Stabenow chose to use her time to discuss the more than 162,00 people who have recently lost jobs in her home state of Michigan. A number of constituents have contacted Senator Stabenow regarding the present state of jobs in Michigan, and she read one of these letters from a man who has a job but who is having a hard time making ends meet making only minimum wage.  Senator Stabenow concluded her remarks by requesting that the Senate proceed to a period of legislative business and take up consideration of a bill regarding livable wages. This request was objected to.

            1:30 P.M.         

Senator Gordon Smith of Oregon just finished speaking about the importance of filling judicial vacancies and about the history of the filibuster in the U.S. Senate. Senator John Sununu of New Hampshire is now talking about the role of the cloture vote. 

            12:40 P.M.         

Senator Leahy is speaking about nominations that were blocked during the Clinton Administration and the contrast to the number of President Bush's nominations that have been approved.  Click here to see more information on President Bush's nominations.  

            12:00 P.M.         

Senator Byron Dorgan of North Dakota has injected some humor into this debate, recalling a phrase his father told him.  "Never buy something from someone out of breath."  He mentioned that most of the members of the majority who have had questions for him on this debate have seemed pretty close to being out of breath.  He also compared the activities of the Senate during this debate to an ant farm his son used to have.  Every day the ants worked hard and moved the sand around but they never really got anything done. 

            11:45 A.M.         

In another attempt to change the focus of the debate, Senator Harkin asked consent to consider and pass S.224, a bill to raise the Federal minimum wage.  His motion was objected to. 

            10:45 A.M.         

Senator Leahy took a moment on the floor to clarify a statement by Senator Fitzgerald about judicial nominations.  Senator Leahy pointed out that there are currently only 40 vacancies on the bench.  Senator Fitzgerald had claimed that 120 of the President's nominations have been blocked.  Senator Maria Cantwell of Washington is now speaking on the floor about the importance of an independent judiciary. 

            10:00 A.M.         

Senator Graham of Florida is talking about the important role the Senate plays in confirmation process.  He has referred to the work of John Adams in ensuring that the Senate played a significant role in conjunction with the executive branch of the government to fill the courts. 

            9:30 A.M.         

Senator Don Nickles of Oklahoma has been speaking for the past few minutes on the rules of the Senate and has asked for Senators to keep these rules in mind during debate.  Both Senators from Kentucky are currently on the floor conversing about the vacancy rate on the 6th Circuit Court of Appeals.  Kentucky is one of the states under jurisdiction of the 6th Circuit. 

            9:00 A.M.         

Senator Tom Harkin of Iowa has also offered passionate words this morning, asking how does one determine what is the acceptable moral demarcation of opposing nominations.  Senator Harkin pointed out that Senator Bennett who earlier this morning stated he would never vote against having an up or down vote on a judicial nomination, voted against ending debate on more than one of President Clinton's nominees. 

            8:45 A.M.         

Senator Mary Landrieu has offered the most passionate words in the day, refuting the claims of Senator Kyl.  Senator Landrieu also spoke about the 53 nominations by President Clinton that were never given a hearing.  She continued on to denounce ads that were run in Maine and Rhode Island claiming that Democrats oppose President Bush's nominations because they are anti-Catholic.  Many members of the Democratic party are Catholic, including Senator Landrieu.  

            8:20 A.M.         

Throughout this debate members of the minority have explained that they have approved 168 nominations and objected to 4.  Senator Kyl has just compared this explanation to giving four people the death penalty without giving them a trial.  Each nomination that has been turned down in the Senate has had a hearing in the Judiciary Committee. 

            7:45 A.M.         

Senator Ron Wyden of Oregon and Senator Nelson of Florida have been engaged in a back and forth about how the nomination process has been successful when the administration works with Senators.  Senator Wyden has also focused on the accomplishments that the Senate has made when a bipartisan approach is used.

            7:15 A.M.         

Senator Charles Schumer of New York related encounters he has had with constituents who have voiced concerns to him about the nominations process, and how their fears have were eased when he explained that the Senate has confirmed 168 of the people the President has nominated to be judges.  Senator Cornyn is speaking on how he believes the nominations process has now become a partisan issue and is used to raise money for political purposes. 

            6:30 A.M.         

Senator Allen spoke for the majority during the last half hour, yielding for questions from Senator John Cornyn and Senator James Inhofe who are members of his party.  Senator Bingaman is now speaking again for the minority about how the vacancy rate for judicial nominations is the lowest it has been in 13 years. 

            6:00 A.M.         

In an effort to get some legislative work done during this period, Senator John Corzine of New Jersey moved to pass a bill regarding the minimum wage.  Senator Allen objected and reclaimed the floor and is speaking about class action lawsuits, the energy bill and jobs. 

            5:45 A.M.         

The floor tracker returns early this morning to follow the remainder of the debate over judicial nominations.  In what is sure to be a riveting day of discussion, viewers today can expect each hour of the day divided between a member of the majority and a member of the minority.  Currently Senator Bingaman is speaking, and has paused to take a question from Senator George Allen of Virginia.

Article II, Section II of the U.S. Constitution

He (The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.