Biden Cabinet Confirmation Live Thread ***hearings, votes, etc.***

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Abudu (11th Cir.) Passes CLOTURE 50-48:

NAYs ---48
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Collins (R-ME)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Graham (R-SC)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Manchin (D-WV)
Marshall (R-KS)
McConnell (R-KY)
Moran (R-KS)
Murkowski (R-AK)
Paul (R-KY)
Ricketts (R-NE)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Sullivan (R-AK)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 2
Mullin (R-OK)
Rubio (R-FL)

This breaks the perfect streak of every present Dem always voting yes on Judges.

[NewYorkExpress]

I'm going to assume Manchin is voting no as part of his spat with Biden over EPA regulations, which means he'll be a more consistent no vote going forward (and might even switch parties now).

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Abudu confirmed 49-47:

NAYs ---47
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Collins (R-ME)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Fischer (R-NE)
Graham (R-SC)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Manchin (D-WV)
Marshall (R-KS)
McConnell (R-KY)
Mullin (R-OK)
Murkowski (R-AK)
Paul (R-KY)
Ricketts (R-NE)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Sullivan (R-AK)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 4
Ernst (R-IA)
Moran (R-KS)
Rubio (R-FL)
Sanders (I-VT)

[Epaminondas]

Shocking how much harder it is to name a Dem judge to the 11th than to any of the more progressive court.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Shocking how much harder it is to name a Dem judge to the 11th than to any of the more progressive court.

Well seeking to change a Court from R to D Majority does seem more controversial than strengthening an existing Majority at least at first blush

[politicallefty]

Called it:

I'm certainly glad to see movement there, though we clearly didn't have to wait for Feinstein. Apart from the GHWB appointee, the DC Circuit is rather young, relatively speaking (only one judge out of 11 was born before 1961). Unfortunately, no cloture motions were filed before the weekend. I'd like to see some movement on Abudu, Rikelman, and especially Bloomekatz. (If Manchin ever defects on judicial nominations, it might be on any number of those.) Garcia and Bloomekatz are probably prime SCOTUS candidates for at least the next decade, if not more.

Abudu was waiting since January of last year. Some district court nominees have been waiting since September 2021. I definitely expect Manchin to vote against Rikelman as she argued the pro-choice side in Dobbs at SCOTUS. We can afford to lose his vote from time to time, so I'm not worried about that. Schumer just needs to make sure his timing is right. It looks the first judicial nominee forced to withdraw will be because of issues on the left (Michael Delaney for the 1st Circuit).

Shocking how much harder it is to name a Dem judge to the 11th than to any of the more progressive court.

That's not necessarily true now, but it was when blue slips still applied for circuit court nominees. Obama wasn't able to fill the Alabama seat and his appointee for one of the Georgia seats took senior status after less than four years, allowing Republicans to take a narrow majority.

If you look at the strict party line votes on circuit judges, there haven't been many and they're all on more balanced courts. Biden has significantly shaped some of the lower courts. The 2nd Circuit now has outright liberal majority and the 3rd Circuit is now tied. The 2nd Circuit is probably locked in for some time now considering the oldest judge was born in 1959 (the second oldest being born in 1964). The 3rd Circuit has a similar age profile. Similarly, the 7R-5D majority in the 11th is likely locked in for some time. Apart from a Clinton appointee born in 1954, the oldest judge was born in 1961. These are the only circuit judges confirmed on party line votes:

Eunice Lee (2nd)
Myrna Pérez (2nd)
Lucy Koh (9th)
Jennifer Sung (9th)
Holly Thomas (9th)
Arianna Freeman (3rd)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Papillion (ED LA) confirmed 59-31:

NAYs ---31
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
Moran (R-KS)
Mullin (R-OK)
Paul (R-KY)
Ricketts (R-NE)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Sullivan (R-AK)
Thune (R-SD)
Tuberville (R-AL)

Not Voting - 10
Barrasso (R-WY)
Bennet (D-CO)
Booker (D-NJ)
Cruz (R-TX)
Fetterman (D-PA)
Graham (R-SC)
Murkowski (R-AK)
Risch (R-ID)
Tillis (R-NC)
Warner (D-VA)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

https://twitter.com/SenateCloakroom/status/1664472127603449858
https://twitter.com/SenateCloakroom/status/1664472322827321344
https://twitter.com/SenateCloakroom/status/1664472446764822530

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Leader Schumer filed cloture on Executive Calendar #166 Molly R. Silfen to be a Judge of the United States Court of Federal Claims for a term of fifteen years.

Confirmed by voice vote: Executive Calendar #165 Craig J. Anderson to be United States Marshal for the District of Montana for the term of four years

Crane (undersecretary of Energy) passes CLOTURE 54-40:

NAYs ---40
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cornyn (R-TX)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
McConnell (R-KY)
Mullin (R-OK)
Paul (R-KY)
Ricketts (R-NE)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 6
Cotton (R-AR)
Hoeven (R-ND)
Moran (R-KS)
Murray (D-WA)
Risch (R-ID)
Sullivan (R-AK)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Crane confirmed 56-43:

NAYs ---43
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
McConnell (R-KY)
Moran (R-KS)
Mullin (R-OK)
Paul (R-KY)
Ricketts (R-NE)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 1
Murray (D-WA)

The CLOTURE motion with respect to the Ho nomination was withdrawn. The nomination may be considered at a later date.

[Epaminondas]

Starting to wonder whether the Cabinet will be fully confirmed by November 2024.
Where. Are. The. Judges.

(either way, thanks for the rundown, Dwarven)

[politicallefty]

The CLOTURE motion with respect to the Ho nomination was withdrawn. The nomination may be considered at a later date.

He's a top priority of the left and of Leader Schumer. This is SDNY, so he was basically handpicked by Schumer himself. It looks like Democratic absences are a problem once again. (Manchin is almost certainly a No vote on this nomination, which I expect on a number of other judicial nominations as well.)

https://twitter.com/jbendery/status/1666476138980409345

Where. Are. The. Judges.

I'd like to see some more names put forward as well. There's certainly no shortage of vacancies right now. District court nominees can be acted upon rather quickly considering the two-hour limit for post-cloture debate (circuit court nominations are 30 hours), but we need the rest of the circuit court vacancies filled ASAP. Right now, there are or will be vacancies on the 1st, 3rd, 4th, 7th, and 10th Circuits. The vacancy on the 10th has been open for over two years now! Anything else can be filled as we go at that point. It's quite unlikely Biden can hit Trump's four-year number, but he can get close. Of course, Trump had it easy with McConnell holding so many seats open during the last two years of Obama's Presidency (not to mention only a year of post-nuclear option rules).

We did get two more district nominees out of Louisiana today though, which is certainly good news. It's almost always good news to get district court nominees out of red states. Kennedy and Cassidy seem reasonable enough that they're willing to work with Biden in good faith.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Syed (Deputy SB Administrator) passes CLOTURE 54-44:

NAYs ---44
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Graham (R-SC)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
McConnell (R-KY)
Moran (R-KS)
Mullin (R-OK)
Paul (R-KY)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 2
Murray (D-WA)
Sanders (I-VT)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Starting to wonder whether the Cabinet will be fully confirmed by November 2024.
Where. Are. The. Judges.

(either way, thanks for the rundown, Dwarven)

Only the top secretaries count as Cabinet. Most administrations are confirming lower officials throughout their terms because there are so many positions.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Confirmed by voice vote: Executive Calendar #76 Justin L. Martinez to be United States Marshal for the District of Utah for the term of four years.

Confirmed by voice vote: Executive Calendar #128 William R. Hart to be United States Marshal for the District of New Hampshire for the term of four years.

Confirmed by voice vote: Executive Calendar #216 Shannon R. Saylor to be United States Marshal for the Eastern District of Virginia for the term of four years.

Leader Schumer filed cloture on Executive Calendar #25 Hernan D. Vera to be United States District Judge for the Central District of California.

Leader Schumer filed cloture on Executive Calendar #171 Jared Bernstein to be Chairman of the Council of Economic Advisers.

Leader Schumer filed cloture on Executive Calendar #41 P. Casey Pitts to be United States District Judge for the Northern District of California.

Leader Schumer filed cloture on Executive Calendar #157 Elizabeth Allen to be Under Secretary of State for Public Diplomacy.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Syed confirmed 54-42:

NAYs ---42
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Graham (R-SC)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Marshall (R-KS)
McConnell (R-KY)
Moran (R-KS)
Mullin (R-OK)
Paul (R-KY)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 4
Barrasso (R-WY)
Lummis (R-WY)
Murray (D-WA)
Sanders (I-VT)

Silfen (Fed Claims) passes CLOTURE 55-41:

NAYs ---41
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
Marshall (R-KS)
Moran (R-KS)
Mullin (R-OK)
Paul (R-KY)
Ricketts (R-NE)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Sullivan (R-AK)
Thune (R-SD)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 4
Barrasso (R-WY)
Lummis (R-WY)
Murray (D-WA)
Tillis (R-NC)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Silfen confirmed 55-39:

NAYs ---39
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
Marshall (R-KS)
Moran (R-KS)
Mullin (R-OK)
Paul (R-KY)
Ricketts (R-NE)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-SC)
Sullivan (R-AK)
Thune (R-SD)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 6
Barrasso (R-WY)
Blackburn (R-TN)
Lummis (R-WY)
Murray (D-WA)
Scott (R-FL)
Whitehouse (D-RI)

Confirmed by voice vote: Executive Calendar #167 Eric G. Olshan to be United States Attorney for the Western District of Pennsylvania for the term of four years.

[LtNOWIS]

Starting to wonder whether the Cabinet will be fully confirmed by November 2024.
Where. Are. The. Judges.

(either way, thanks for the rundown, Dwarven)

Only the top secretaries count as Cabinet. Most administrations are confirming lower officials throughout their terms because there are so many positions.

Yeah even with a cooperative Senate, I don't think you could ever get judicial vacancies down to zero.

And by cooperative Senate, I mean one where they didn't play the games of the past 20 years or so, where a Senator doesn't like the president and keeps a seat open for the entire term. There have been judicial vacancies in Florida for Biden's entire term of office.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Leader Schumer filed cloture on Executive Calendar #26 Dale E. Ho to be United States District Judge for the Southern District of New York.
Leader Schumer filed cloture on Executive Calendar #29 Nusrat Jahan Choudhury to be United States District Judge for the Eastern District of New York.
Leader Schumer filed cloture on Executive Calendar #23 Julie Rikelman to be United States Circuit Judge for the First Circuit.


Allen (Undersecretary of State) passes CLOTURE 66-29:

NAYs ---29
Blackburn (R-TN)
Boozman (R-AR)
Britt (R-AL)
Budd (R-NC)
Cassidy (R-LA)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
Mullin (R-OK)
Paul (R-KY)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-SC)
Thune (R-SD)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)

Not Voting - 5
Barrasso (R-WY)
Booker (D-NJ)
Braun (R-IN)
Hyde-Smith (R-MS)
Scott (R-FL)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Allen confirmed 66-33:

NAYs ---33
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Cassidy (R-LA)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
Mullin (R-OK)
Paul (R-KY)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Scott (R-SC)
Thune (R-SD)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)

Not Voting - 1
Tillis (R-NC)

Vera (CD CA) passes CLOTURE on a party line vote of 51-48.

Not Voting - 1
Tuberville (R-AL)

Bernstein (Chairman, Economic Advisers) passes CLOTURE on a 50-49 party line vote except Manchin voting No.

Not Voting - 1
Tuberville (R-AL)

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Vera and Bernstein confirmed by the same votes they achieved earlier.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Pitts (ND CA) passes CLOTURE 53-46:

NAYs ---46
Barrasso (R-WY)
Blackburn (R-TN)
Boozman (R-AR)
Braun (R-IN)
Britt (R-AL)
Budd (R-NC)
Capito (R-WV)
Cassidy (R-LA)
Cornyn (R-TX)
Cotton (R-AR)
Cramer (R-ND)
Crapo (R-ID)
Cruz (R-TX)
Daines (R-MT)
Ernst (R-IA)
Fischer (R-NE)
Grassley (R-IA)
Hagerty (R-TN)
Hawley (R-MO)
Hoeven (R-ND)
Hyde-Smith (R-MS)
Johnson (R-WI)
Kennedy (R-LA)
Lankford (R-OK)
Lee (R-UT)
Lummis (R-WY)
Marshall (R-KS)
McConnell (R-KY)
Moran (R-KS)
Mullin (R-OK)
Murkowski (R-AK)
Paul (R-KY)
Ricketts (R-NE)
Risch (R-ID)
Romney (R-UT)
Rounds (R-SD)
Rubio (R-FL)
Schmitt (R-MO)
Scott (R-FL)
Sullivan (R-AK)
Thune (R-SD)
Tillis (R-NC)
Tuberville (R-AL)
Vance (R-OH)
Wicker (R-MS)
Young (R-IN)

Not Voting - 1
Scott (R-SC)

Ho (SD NY) passes CLOTURE on a 50-49 party line vote except Manchin voting No.

Not Voting - 1
Scott (R-SC)

[Atlas Force]

https://twitter.com/Fritschner/status/1669050058245914624

[NewYorkExpress]

https://twitter.com/Fritschner/status/1669050058245914624

If they do that, Scott probably drops out immediately (or at least he'd be under intense pressure to do so).

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Pitts and Ho confirmed by the same votes they achieved earlier.

Choudhury (ED NY) passes CLOTURE on a party line vote of 50-47 except Manchin voting No.

Not Voting - 3
Cotton (R-AR)
Schmitt (R-MO)
Scott (R-SC)

Confirmed by voice vote: Executive Calendar #75 Stephen K. Eberle to be United States Marshal for the Western District of Pennsylvania for the term of four years.