Floor Statements

I have been told that S. 1022 is due for its first reading.

I now ask for its second reading but object to my own request.

Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m. on Thursday, May 19; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day; and that following any leader remarks, the Senate proceed to a period of morning business until 11 a.m., with Senators permitted to speak therein for up to 10 minutes each, with the time equally divided and controlled between the two leaders or their designees, with the majority controlling the first half and the Republicans controlling the final half; and that following morning business, the Senate proceed to executive session under the previous order.

Madam President, there will be a rollcall vote tomorrow at about 2 p.m. on the motion to invoke cloture on the nomination of Goodwin Liu, of California, to be United States Circuit Judge for the Ninth Circuit.

Madam President, there seems to be no one here asking for more time. If that, in fact, is the case, I ask unanimous consent that the Senate adjourn under the previous order.

Madam President, following any leader remarks, the Senate will be in executive session to consider the nomination of Susan Carney, of Connecticut, to be United States Circuit Judge for the Second Circuit. There will be 2 hours of debate. A rollcall vote on confirmation of the Carney nomination will begin shortly after noon today. There is a celebration going on in the Rotunda, and we want to make sure it does not interfere with that. So we will hold the vote open to make sure any stragglers can vote.

Following the vote, the Senate will recess until 2:15 p.m. to allow for our weekly caucus meetings.

At 2:15 p.m., the Senate will begin consideration of the motion to proceed to S. 940, the Close Big Oil Tax Loopholes Act, with 4 hours of debate. There will be a rollcall vote at approximately 6:15 p.m. this evening on the motion to proceed to the bill with a 60-vote threshold.

Additionally, the Senate will debate the motion to proceed to the Republican alternative to the Close Big Oil Tax Loopholes Act, which is S. 953, the Offshore Production and Safety Act. That will be tomorrow. There will be a rollcall vote on the motion to proceed to that bill tomorrow afternoon. That also will have a 60-vote threshold.

Madam President, I am told that H.R. 1231 is due for a second reading.

Madam President, I would object to any further proceedings at this time.

Madam President, as we learned today from articles around the country--I will refer briefly to one in USA Today:

As gas prices hover near $4 a gallon, nearly seven in 10

Americans say the high cost of fuel is causing financial

hardship for their families, a new USA TODAY/Gallup Poll

finds.

More than half say they have made major changes to

compensate for the higher prices, ranging from shorter trips

to cutting back on vacation travel.

For 21 percent, the impact is so dramatic they say their

standard of living is jeopardized.

It goes on to indicate that the situation involving gas prices is very focused and, in the lives of some, drastic.

The other issue the American people face--and they should--is we have to do something about raising the debt ceiling. We can only do that-- Democrats, Republicans, Independents agree--by doing something about bringing down the deficit, and it has to be something that is meaningful. A place to start in that regard would be to focus on these gas prices, how concerned people are and, in addition to that, the deficit.

We have a bill we will vote on this evening that says these subsidies given to oil companies, the five big oil companies, which in the last quarter made $36 billion; that is net profit--we are saying those subsidies are no longer necessary.

We have had over the years a number of executives from these companies say they are not necessary. They are now trying to justify these: Well, if we don't do this, it is going to cause gas prices to go up.

We had a report by the Congressional Reference Service, an independent body, which said in three different places in that report that it will not affect gas prices at all. They said it in different ways, but they said it.

No. 1, of course, we have to do something about the exorbitant gas prices, and the best way to start with that is to do something about the five big oil companies getting subsidies they do not need. The other thing we have to be concerned about is the huge deficits we have had. We can accomplish both of those to some degree today by doing something this evening when we vote on taking away those huge subsidies that the oil companies no longer need.

Mr. President, under the previous order, I move to proceed to Calendar No. 42, S. 940.

Mr. President, under the previous order, I move to proceed to Calendar No. 43, S. 953.

Mr. President, several years ago we faced a confirmation crisis in the Senate. The majority at the time, the Republicans, were frustrated with the inefficient way the Senate was performing our constitutional duty of confirming Presidential nominees.

Many of my colleagues on the other side of the aisle passionately argued that all judicial nominees deserve an up-or-down vote on the Senate floor. In their frustration, they threatened to dramatically change the purpose of the Senate and the minority protections for which it was designed. That would have, in a manner of speaking, blown up the institution. That is why it was known as the nuclear option.

In the heat of this battle, several courageous Senators, Democrats and Republicans, agreed to a standard that would preserve the traditions of this great body, the Senate. They ensured the Senate could still provide the President its advice and consent, as the Constitution requires.

The agreement was significant but very simple. It was this: Except in extraordinary circumstances, those nominated to be Federal judges would get an up-or-down vote. The minority would not stand in the way of that vote. The agreement was grounded in common sense.

So far, in most cases, both sides have generally upheld that agreement. The nomination about to be before us, however, is not one of those cases, and that is the nomination of Goodwin Liu.

Goodwin Liu is an extremely well-qualified public servant and an impressive legal scholar. He was a Rhodes Scholar and clerked in the U.S. Supreme Court, which is something just a small percentage of graduates from law school have the opportunity to ever do; that is, to be a Supreme Court clerk. Goodwin Liu served as an associate dean at the California Berkeley School of Law and is still a professor there. He has done a significant amount of pro

bono work. He even helped launch AmeriCorps. On top of that, he has lived the American dream. He is a highly successful son of immigrants.

I think President Obama was wise to appoint him to the Ninth Circuit. So do a lot of Democrats and so do a lot of Republicans.

Ken Starr--infamous as far as the Democrats go, the former White House special prosecutor--called Liu, who served in the Clinton administration, ``a person of great intellect, accomplishment, and integrity.''

Former Republican Congressman Bob Barr, an extremely conservative former Federal prosecutor, also reviewed Liu's writings. He came away impressed with, as he said, ``his commitment to the Constitution and to a fair criminal justice system.''

One of President Bush's former White House lawyers said Liu's views ``fall well within the legal mainstream.''

I could go on with more quotes from lawyers and legislators from the right and left and Independents, but we get the picture. Right, left, center--they think very highly of this good man.

Everyone agrees Goodwin Liu's nomination is far from the ``extraordinary circumstance'' that would warrant a filibuster. The only extraordinary things about Liu are his experience, his accomplishments, and his integrity.

He should be confirmed. At the very least, he should undoubtedly deserve an up-or-down vote.

But Senate Republicans have already forgotten the lessons of the nuclear option. Today they are threatening to block this highly qualified nominee from confirmation. Vacancies on the Federal bench delay justice for citizens seeking the help of our judicial system, and it isn't fair to leave in limbo well-qualified nominees.

So I am forced now to file cloture in order to ensure Goodwin Liu gets the vote he deserves. It is regrettable it has come to this.

As I file cloture, I remind my Republican colleagues once again that public servants are not political pawns. Goodwin Liu has dedicated his life to justice and fairness. As we consider his nomination, we owe someone of his caliber those same considerations.

I send a cloture motion to the desk with respect to the nomination.

I ask unanimous consent that the mandatory quorum under rule XXII be waived.

Mr. President, I ask unanimous consent that the Senate resume legislative session.

I ask unanimous consent that the Senate proceed to a period of morning business for debate only, with Senators permitted to speak for up to 10 minutes each.

Mr. President, following any leader remarks, the Senate will be in a period of morning business for debate only until 5 p.m. today. There will be no votes today. The first rollcall vote of the week will be around noon tomorrow on the confirmation of Susan Carney of Connecticut to be U.S. Circuit Judge for the Second Circuit.

Mr. President, I am told there are two bills at the desk due for a second reading.

Mr. President, I would object to any further proceedings with respect to these two bills.