Tag Archives: United States district court

The Origin of Redskin ~ a repost


March 26, 2006

Posted by Bill Poser

The controversy over the Washington Redskins trademark has attracted considerable attention, here and elsewhere. We have had quite a few previous posts about this. It began with a petition by seven American Indian activists led by Suzan Harjo in 1992 to the Trademark Trial and Appeal Board of the US Department of Commerce requesting cancellation of the trademark on the grounds that the word redskin

was and is a pejorative, derogatory, denigrating, offensive, scandalous, contemptuous, disreputable, disparaging and racist designation for a Native American person

In 1998 the Trademark Trial and Appeal Board decided in favor of the petitioners and cancelled the trademark. Pro Football, Inc. appealed to the United States District Court, which in 2003 overturned the decision of the Trademark Trial and Appeal Board and reinstated the trademark. It gave several grounds for its decision:

  • that there was an absence of evidence that the term redskin is disparaging in the particular context of the name of the sports team;
  • that the TTB did not sufficiently articulate its inferences and explain how it decided between competing pieces of evidence. In particular, the District Court was critical of the fact that the TTB ruled on the basis “of the entirety of the evidence” but did not review that evidence in any detail and made few findings of fact;
  • that the petitioners’ claim was barred by the doctrine of laches, which provides that a right or claim should not be enforced if the long delay in asserting it puts the respondent at an unreasonable disadvantage. In this case, the Court held that opposition to the mark should have been asserted when the mark was issued in 1967 or shortly thereafter and that the delay of twenty-five years was unreasonable.

The case was appealed to the Court of Appeal for the District of Columbia Circuit. In its 2005 decision, the Court of Appeal held that the doctrine of laches did not in principle bar the suit of one of the petitioners, Mateo Romero, the youngest, because he was only one year old in 1967 when the trademark was registered. (In US federal law, the clock for laches starts when the petitioner reaches the age of 18.) It therefore returned the case to the District Court for further consideration of whether laches should bar the suit on the part of Mateo Romero.¹ The Court of Appeal did not address the question of whether there was sufficient evidence that redskin is disparaging in the context of the name of the sports team because there is no need to decide that question if the suit is barred by laches.²

Although the main topic I want to discuss is a linguistic one, I’ve reviewed the legal history because I think that much of the discussion of the case has been rather misleading. To a large extent the decisions of the courts have focussed on the “technicality” of laches, not on the question of whether redskin is disparaging. The District Court did not simply ignore overwhelming evidence as some commentators suggest. Indeed, even in its holdings on the disparagement issue, the District Court’s criticisms of the TTB were that it did not sufficiently address the question of whether redskin is disparaging in the context of the name and that the TTB did not make sufficient findings of fact. And in overturning the District Court, the Court of Appeal made no judgment whatever as to whether redskin is disparaging. Its decision dealt exclusively with laches. In short, the decisions of the courts have been concerned largely with technical questions, not with the linguistic issues.

I think that it is well established that redskin is taken by most people today to be disparaging. What is more interesting is whether it has always been so, as Harjo et al., as well as various others, claim. One interesting piece of evidence is the origin of the name Washington Redskins. In 1933, George Preston Marshall, the owner of the team, which was then located in Boston, renamed it the Boston Redskins in honor of the head coach, William “Lone Star” Dietz, an American Indian.³ When the team moved to Washington in 1937 it was renamed the Washington Redskins. George Marshall clearly did not consider the name disparaging.

The term redskin of course goes much farther back than 1933. The details of this history have recently been explored by Ives Goddard of the Smithsonian Institution, in a paper conveniently available on-line. Some of the evidence is available in greater detail on Goddard’s web site. You can read speeches by the Meskwaki chief Black Thunder and the Omaha chief Big Elk in which the expression redskin is used, and early nineteenth century examples of the Meskwaki usage of terms meaning redskin and whiteskin.

I won’t review the evidence in detail because Goddard’s paper is short enough and accessible enough that if you are interested you should read it yourself. I’ll just summarize it. Goddard shows that the term redskin is a translation from native American languages of a term used by native Americans for themselves. Harjo’s claim that it “had its origins in the practice of presenting bloody red skins and scalps as proof of Indian kill for bounty payments” is unsupported by any evidence.⁴ The term entered popular usage via the novels of James Fenimore Cooper. In the early- to mid-nineteenth century the term was neutral, not pejorative, and indeed was often used in contexts in which whites spoke of Indians in positive terms. Goddard concludes:

Cooper’s use of redskin as a Native American in-group term was entirely authentic, reflecting both the accurate perception of the Indian self-image and the evolving respect among whites for the Indians’ distinct cultural perspective, whatever its prospects. The descent of this word into obloquy is a phenomenon of more recent times.

The response to Goddard’s paper is disappointing. Other than reiterating the unsubstantiated and implausible theory that the term owes its origin to scalping, Harjo and others have merely waved their hands, asserting that as Indians they know differently without presenting any evidence whatsoever. A typical example is found in this Native Village article, which quotes Harjo as follows:

I’m very familiar with white men who uphold the judicious speech of white men. Europeans were not using high-minded language. [To them] we were only human when it came to territory, land cessions and whose side you were on.

The only point here that even resembles an argument is the bald assertion that Europeans never spoke of Indians other than disparagingly. This is not true. Evidence to the contrary is explicitly cited by Goddard. What is more disturbing is that Harjo’s primary response to Goddard is ad hominem: that as a white man what he says is not credible. Whether he is white, red, or green is of course utterly irrelevant, as thinking people have known since at least the Middle Ages. Goddard presents his evidence in detail, with citations to the original sources. You can evaluate it yourself, and you need not rely on his statements of fact but can, if you are willing to devote some time and effort, check out the sources yourself. Furthermore, without the slightest evidence Harjo imputes to Goddard not merely bias but racism, a charge which, based, as her own words reveal, entirely on racial stereotyping, merely reflects back on herself.

So, there you have it. On the one hand an utterly unsubstantiated and implausible theory advocated by Suzan Harjo, who exhibits no knowledge of the history of English usage of redskin, of American Indian languages, or of the early history of relations between Indians and Europeans. On the other hand a detailed account with numerous explicit citations to original documents by Ives Goddard, who has dedicated his entire life to the study of American Indian languages and the documentation thereof. It is always possible that some new evidence will be brought to bear, but for the present I don’t think that there can be any ambiguity as to which is the more credible account.

Notes:

¹ The District Court held that Romero’s suit was not barred by laches simply as a matter of the length of time that had elapsed since the cancellation petition was filed only seven years from the date of his majority, but might nonetheless be barred by laches if the delay of seven years put Pro Football at an unreasonable disadvantage. For this reason it is important to understand that laches is distinct from the doctrine of statute of limitations. A suit is barred by the statute of limitations if there is legislation setting such a time limit. In contrast, laches is an equitable doctrine and is based on the principle that too long a delay is unfair to the respondent, not on any particular time limit.

² Similarly, the District Court never addressed Pro Football’s arguments that section 2(a) of the Lanham act, under which Harjo et al. sued, is an unconstitutional violation of the First Amendment right of free speech and the Fifth Amendment right of due process because it overturned the TTB’s decision on other, non-constitutional, grounds.

³ Harjo et al. question this story of the origin of the name, but as the Circuit Court noted (p. 13, footnote 6), they provide no evidence whatever to the contrary and give no convincing reason to disbelieve the primary source, a newspaper article presenting the account by Marshall’s grand-daughter. Some authors have also claimed that Dietz was not an American Indian. The articles cited, however, do not cite their sources, so it is difficult to evaluate their claims. It is, however, undisputed that Dietz presented himself as an American Indian and that George Marshall publicly presented him as one. George Marshall surely thought that Dietz was an American Indian, which is really what counts here.

⁴ A point that has not, as far as I know, been mentioned in this context is that scalps or other body parts presented as evidence of kills would not, in general, have been red. As I can attest from personal experience with the processing of animals killed by hunters, mammalian blood is bright red when fresh but darkens quickly as it oxidizes. When dried it retains a dark red tinge if thin but in any thickness is black. Under most circumstances bounty hunters did not present their trophies for payment until days or weeks after the kill, by which time the blood would have been more black than red. The suggestion that such trophies would give a primary impression of red is due either to a false idea that they would usually have been presented when fresh or to a lack of familiarity with dried blood. A further difficulty with Harjo’s hypothesis is that, although whites did indeed collect Indian trophies as evidence of kills, the popular image of scalping was and is that it was an activity engaged in primarily by Indians who mutilated the corpses of their white victims. There was therefore no reason to associate bloody trophies, red or not, with Indians. If anything, the association would have been with the white victims of scalping.

Posted by Bill Poser at March 26, 2006 06:42 PM

the Senate ~~ CONGRESS 12/12 ~~ the House


capitolsnowclosed

Session Continued

12:51am The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #346, the nomination of Cornelia T.L. Pillard, of the District of Columbia, to be United States Circuit Judge for the District of Columbia;

Confirmed: 51-44

Following the Pillard vote, the Senate will proceed to a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #378, Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission. If cloture is invoked on the Feldblum nomination, there would be up to 8 hours of post-cloture debate prior to a vote on confirmation of the nomination.

1:19am The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #378, Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission

Invoked: 57-39

At 9:00am today, there will be 2 roll call votes:

  • Confirmation of Executive Calendar #378, Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission
    • Live Quorum (no roll call vote expected)
  • Motion to Invoke Cloture on Executive Calendar #330, Elizabeth A. Wolford, of New York, to be US District Judge for the Western District of New York (2 hours of equally divided post-cloture time)

Once cloture is invoked on the Wolford nomination, there will be up to 2 hours of debate.  If all Majority time is yielded back, the next roll call vote could occur as early as 10:40am. That vote will be on confirmation of the Wolford nomination followed by a live quorum and a cloture vote on Executive Calendar #347, Landya B. McCafferty, of New Hampshire, to be US District Judge for the District of New Hampshire (2 hours). 

9:00am The Senate began a 15-minute roll call vote on confirmation of Executive Calendar #378, Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission

Confirmed: 54-41

9:28am The Senate began a 15-minute roll call vote on the Motion to Invoke Cloture on Executive Calendar #330, Elizabeth A. Wolford, of New York, to be US District Judge for the Western District of New York

Invoked: 55-41

Cloture was invoked on the Wolford nomination by a vote of 55-41.  57 minutes of the Majority time was yielded back.  As a result, at 10:55am, there will be 2 roll call votes:

 * Confirmation of Wolford nomination

 Live Quorum

 * Cloture on Executive Calendar #347, Landya B. McCafferty, of New Hampshire, to be US District Judge for the District of New Hampshire (2 hours of equally divided post-cloture time);

10:55am The Senate began a 15-minute roll call vote on confirmation of Executive Calendar #330, Elizabeth A. Wolford, of NY, to be US District Judge for the Western District of New York

Confirmed: 70-29

11:26am The Senate began a 15-minute roll call vote on the motion to invoke cloture on Executive Calendar #347, Landya B. McCafferty, of New Hampshire, to be US District Judge for the District of New Hampshire (2 hours of equally divided post-cloture time);

Invoked: 58-40, 1 voted present

The Majority’s time has been yielded. The next vote is expected to begin at approximately 12:45pm. That vote will be on confirmation of the McCafferty nomination.

The Senate has reached an agreement that if the Senate receives H.R.3548 from the House of Representatives and the bill is identical to S.1689, as introduced, then the bill be considered as having been read three times and passed.

 S.1689/H.R.3548, Fallen Firefighters Assistance Tax Clarification Act

At 12:49pm the Senate began a 15 minute roll call vote on confirmation of Executive Calendar #347, Landya B. McCafferty, of New Hampshire, to be US District Judge for the District of New Hampshire McCafferty nomination

 Next: Live Quorum

 Then: Roll call vote on the motion to invoke cloture on Executive Calendar #361, Patricia M. Wald, of the District of Columbia, to be a Member of the Privacy and Civil Liberties Oversight Board (8 hours)

 And then: up to 8 hours for debate (expect 4 hours to be yielded back)

6:06pm The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana

Confirmed: 57-40

If cloture is invoked, there will be up to 8 hours for debate equally divided prior to a vote on confirmation of the nomination

6:06pm The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana

Confirmed: 57-40

If cloture is invoked, there will be up to 8 hours for debate equally divided prior to a vote on confirmation of the nomination

5:35pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #361, Patricia M. Wald, of the District of Columbia, to be a Member of the Privacy and Civil Liberties Oversight Board;

Confirmed: 57-41

Next: Live Quorum and Cloture on Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana. If cloture is invoked, there would be up to 2 hours for debate equally divided prior to a vote on confirmation of the Morris nomination. We expect the Majority’s hour to be yielded back.

Remaining votes:

  • Confirmation of Morris nomination (7:15-ish tonight range)
  • Live Quorum
  • Cloture on Executive Calendar #349, Susan P. Watters, of Montana, to be United States District Judge for the District of Montana

 

(up to 2 hours for debate);

  • Confirmation of Watters nomination (9-ishpm tonight range)
  • Live Quorum
  • Confirmation of James nomination
  • Live Quorum
  • Cloture on Executive Calendar #444, Heather Anne Higginbottom, of the District of Columbia, to be Deputy Secretary of State for Management and Resources (8 hours);
  • Confirmation of Higginbottom nomination
  • Live quorum
  • Cloture on Executive Calendar #406, Anne W. Patterson, of Virginia, a Career Member of the Senior Foreign Service, Class of Career Ambassador, to be an Assistant Secretary of State (Near Eastern Affairs) (8 hours);
  • Confirmation of Patterson nomination
  • Live Quorum
  • Cloture on Executive Calendar #450, Jeh Charles Johnson, of New Jersey, to be Secretary of Homeland Security (30 hours).
  • Confirmation of Johnson nomination

***********************************

On Thursday, December 12, the Senate continues to be in Executive Session to consider the nominations listed below. Roll call votes are expected to occur throughout the day and into the evening.

1)      Confirmation of Executive Calendar #346, the nomination of Cornelia T.L. Pillard

Live Quorum

2)      Cloture on Executive Calendar #378, Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission (8 hours);

3)      Confirmation of Feldblum

Live Quorum

4)      Cloture on Executive Calendar #330, Elizabeth A. Wolford, of New York, to be US District Judge for the Western District of New York (2 hours);

5)      Confirmation of Wolford nomination

Live Quorum

6)      Cloture on Executive Calendar #347, Landya B. McCafferty, of New Hampshire, to be US District Judge for the District of New Hampshire (2 hours);

7)      Confirmation of McCafferty nomination

Live Quorum

8)      Cloture on Executive Calendar #361, Patricia M. Wald, of the District of Columbia, to be a Member of the Privacy and Civil Liberties Oversight Board (8 hours);

9)      Confirmation of Wald nomination

Live Quorum

10)  Cloture on Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana (2 hours);

11)  Confirmation of Morris nomination

Live Quorum

12)  Cloture on Executive Calendar #349, Susan P. Watters, of Montana, to be United States District Judge for the District of Montana (2 hours);

13)  Confirmation of Watters nomination

Live Quorum

14)  Cloture on Executive Calendar #358, Deborah Lee James, of Virginia, to be Secretary of the Air Force (8 hours);

15)  Confirmation of James nomination

Cloture was invoked on the Morris nomination 57-40. Senator Reid then yielded back the Majority’s time.

The next set of votes will begin at approximately 7:30pm. Those votes will be on the following:

  • Confirmation of Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana.
    • Live Quorum
    • Cloture on Executive Calendar #349, Susan P. Watters, of Montana, to be United States District Judge for the District of Montana.

 

Then there will be up to 2 hours for debate (expect to yield back Majority’s time) followed 2 votes in the 9:15pm range:

  • Confirmation of Watters nomination (MT District Judge)
  • Live Quorum

Up to 8 hours for debate 

By unanimous consent, the Senate passed H.R.3547, Space Launch Liability Indemnification Extension Act, with a Nelson amendment which is the text of S.1753, and an amendment to the title.

7:30pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana;

Confirmed: 75-20

At 7:57pm, the Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #349, Susan P. Watters, of Montana, to be United States District Judge for the District of Montana;

Invoked: 58-39

Cloture on the Watters nomination (MT District Judge) was invoked 58-39.

The next set of votes are expected to begin at approximately 9:15pm. Those votes would be on the following:

  • Confirmation of Watters nomination (MT District Judge)
  • Live Quorum
  • Cloture on Executive Calendar #358, Deborah Lee James, of Virginia, to be Secretary of the Air Force
  • 9:15pm The Senate began a 15 minute roll call vote on confirmation of Calendar #349, Susan P. Watters, of Montana, to be United States District Judge for the District of Montana;Confirmed: 77-19
  • 9:45am The Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #358, Deborah Lee James, of Virginia, to be Secretary of the Air Force;Invoked: 58-39

    The next set of votes is expected to begin at 7:00am on Friday, December 13.

    7am tomorrow:

    –          Confirmation of nomination was confirmed 77-19. At 9:46pm, the Senate began a 15 minute roll call vote on the motion to invoke cloture on Executive Calendar #358, Deborah Lee James, of Virginia, to be Secretary of the Air Force.

    Live quorum

     

    –          Cloture on Executive Calendar #444, Heather Anne Higginbottom, of the District of Columbia, to be Deputy Secretary of State for Management and Resources (8 hours)

================================

Last Floor Action:
12:38:36 P.M. -H. Res. 438
DEBATE –
The House proceeded with one hour of debate on H. Res. 438.

====================================================

the Senate ~~ CONGRESS 12/10 ~~ the House


matthew 25

What side of History will your member of Congress be remembered for ?

The Senate stands adjourned until 10:00am on Tuesday, December 10, 2013.

Following any Leader remarks, the Senate will proceed to Executive Session to consider Executive Calendar #327, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit. All post-cloture time will be considered expired and the Senate will immediately vote on confirmation of the Millet nomination (approximately 10:15am).

Following the vote on confirmation of the Millett nomination, Senators should expect up to 3 additional roll call votes with respect to the reconsideration of the cloture vote on Executive Calendar #209, the nomination of Melvin Watt, of North Carolina, to be Director of the Federal Housing Finance Agency:

–          Motion to proceed to Executive Session for the reconsideration of the vote by which cloture was not invoked on the Watt nomination;

–          Motion to reconsider the vote by which cloture was not invoked on the Watt nomination; and

–          Motion to invoke cloture on the Watt nomination, upon reconsideration.

During Monday’s session of the Senate, Senator Reid filed cloture on the following nominations in the following order.  Under the rule, the first cloture vote will occur one hour after the Senate convenes on Wednesday, December 11th.  If cloture is invoked on a nominee, the number of post-cloture hours is in parentheses next to each nomination. Upon disposition of a nomination, the Senate will immediately vote on cloture on the next nomination.

1)      Executive Calendar #378, Chai Rachel Feldblum, of the District of Columbia, to be a Member of the Equal Employment Opportunity Commission (8 hours);

2)      Executive Calendar #330, Elizabeth A. Wolford, of New York, to be US District Judge for the Western District of New York (2 hours);

3)      Executive Calendar #347, Landya B. McCafferty, of New Hampshire, to be US District Judge for the District of New Hampshire (2 hours);

4)      Executive Calendar #361, Patricia M. Wald, of the District of Columbia, to be a Member of the Privacy and Civil Liberties Oversight Board (8 hours);

5)      Executive Calendar #348, Brian Morris, of Montana, to be United States District Judge for the District of Montana (2 hours);

6)      Executive Calendar #349, Susan P. Watters, of Montana, to be United States District Judge for the District of Montana (2 hours);

7)      Executive Calendar #358, Deborah Lee James, of Virginia, to be Secretary of the Air Force (8 hours);

8)      Executive Calendar #444, Heather Anne Higginbottom, of the District of Columbia, to be Deputy Secretary of State for Management and Resources (8 hours);

9)      Executive Calendar #406, Anne W. Patterson, of Virginia, a Career Member of the Senior Foreign Service, Class of Career Ambassador, to be an Assistant Secretary of State (Near Eastern Affairs) (8 hours);

10)  Executive Calendar #450, Jeh Charles Johnson, of New Jersey, to be Secretary of Homeland Security (30 hours).

10:14am The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #327,

the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit;

Confirmed: 56-38

Next votes:

– Motion to proceed to the reconsideration of the vote by which cloture was not invoked on the Watt nomination;

– Motion to reconsider the vote by which cloture was not invoked on the Watt nomination; and

– Motion to invoke cloture on Executive Calendar #226, the nomination of Melvin L. Watt, of North Carolina, to be Director of Federal Housing Finance Agency, upon reconsideration.

10:45am The Senate began a 15 minute roll call vote on the Reid motion to proceed to the reconsideration of the vote by which cloture was not invoked on the Watt nomination.

Agreed to: 54-42

Next votes: – Motion to reconsider the vote by which cloture was not invoked on the Watt nomination; and

– Motion to invoke cloture on Executive Calendar #226,

the nomination of Melvin L. Watt, of North Carolina, to be Director of Federal Housing Finance Agency, upon reconsideration.

11:07am The Senate began a roll call vote on the motion to reconsider the vote by which cloture was not invoked on the Watt nomination

Agreed to: 54-42

Next Votes

– Motion to invoke cloture on Executive Calendar #226, the nomination of Melvin L. Watt, of North Carolina, to be Director of Federal Housing Finance Agency, upon reconsideration.

Senator McConnell made a point of order that nominations are fully debatable under the rules of the Senate unless 3/5 of senators have voted to bring debate to a close. The Chair ruled that a majority vote for cloture is required to confirm all nominations (except Supreme Court nominees).

11:29am The Senate began a 15-minute roll call vote on the question: SHALL THE RULING OF THE CHAIR STAND?

Ruling of the Chair:

Majority vote for cloture required to confirm all nominations (except Supreme Court nominees)

Position stands: 51-45

11:50am The Senate began a 15-minute roll call vote on the motion to invoke cloture on the nomination of Mel Watt to be Director of Federal Housing Finance Agency, upon reconsideration

Invoked: 57-40

Upon reconsideration, cloture on the Watt nomination (FHFA) was invoked 57-40.

There will now be up to 8 hours for debate equally divided. The Senate will recess from 12:30pm until 2:15pm in order to allow for the weekly caucus meetings, with the time charged equally to both sides. Another message will be sent when the next vote is scheduled.

5:23pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #226,

the nomination of Melvin L. Watt, of North Carolina, to be Director of Federal Housing Finance Agency;

Confirmed:57-41

5:51pm The Senate began a 15 minute vote on the motion to proceed to the reconsideration of the vote by which cloture was not invoked on Executive Calendar #233, the nomination of Cornelia T. L. Pillard, of the District of Columbia, to be United States Circuit Judge for the District of Columbia;

Agreed To: 54-44

6:09pm The Senate began a 15 minute roll call vote on the Reid motion to reconsider the vote by which cloture was not invoked on the Pillard nomination;

Agreed to: 54-44

6:28pm The Senate began a 15 minute roll call vote the motion to invoke cloture on Pillard nomination, upon reconsideration;

Invoked: 56-42

Senator Reed asked unanimous consent the Senate take up and pass S.1797, Emergency Unemployment Compensation Extension Act of 2013, which was submitted earlier today. Senator Hoeven objected.

WRAP UP

ROLL CALL VOTES 

1)      Confirmation of Executive Calendar #327, the nomination of Patricia Ann Millett, of Virginia, to be United States Circuit Judge for the District of Columbia Circuit; Confirmed: 56-38

2)      Motion to proceed to the reconsideration of the vote by which cloture was not invoked on the Watt nomination; Agreed to: 54-42

3)      Motion to reconsider of the vote by which cloture was not invoked on the Watt nomination; Agreed to: 54-42

4)      Shall the decision of the Chair stand as the judgment of the Senate (cloture on nominations (other than Supreme Court nominees) is a majority vote) (McConnell appeal of the chair); the decision of the Chair was sustained: 51-45

5)      Motion to invoke cloture on Executive Calendar #226, the nomination of Melvin L. Watt, of North Carolina, to be Director of the Federal Housing Finance Agency, upon reconsideration; Invoked: 57-40

6)      Confirmation of Executive Calendar #226, the nomination of Melvin L. Watt, of North Carolina, to be Director of the Federal Housing Finance Agency; Confirmed: 57-41

7)      Motion to proceed to the reconsideration of the vote by which cloture was not invoked on Executive Calendar #233, the nomination of Cornelia T. L. Pillard, of the District of Columbia, to be United States Circuit Judge for the District of Columbia; Agreed to: 54-44

8)      Motion to reconsider the vote by which cloture was not invoked on the Pillard nomination; Agreed to: 54-44

9)      Motion to invoke cloture on the Pillard nomination, upon reconsideration; Invoked: 56-42

 

LEGISLATIVE ITEMS

Passed H.R.2992, an Act To extend the authority of the Supreme Court Police to protect court officials away from the Supreme Court grounds.

Passed H.R.2871, To amend title 28, United States Code, to modify the composition of the southern judicial district of Mississippi to improve judicial efficiency, and for other purposes.

Adopted S.Res.315, a resolution to authorize production of records by the Committee on Homeland Security and Governmental Affairs.

The Senate began the Rule 14 process on S.1797, Unemployment Insurance Benefits Extension Act of 2013

No additional EXECUTIVE ITEMS

==================================================

Last Floor Action:12/10
12:22:27 P.M. – The Speaker announced
that the House do now recess.

The next meeting is scheduled for 2:00 P.M. today.

Last Floor Action:12/10
5:19:28 P.M. – The House adjourned
pursuant to a previous special order.

The next meeting is scheduled for 12:00
p.m. on December 10, 2013.

===================================

the Senate ~~ CONGRESS 11/12 ~~ the House


refpr,

The Senate will conduct a pro forma session with no business conducted at 11:45am on Friday, November 8, 2013.

The Senate will not be in session on Monday, November 11th in observance of Veterans’ Day.

 SCHEDULE FOR TUESDAY, NOVEMBER 12, 2013

The Senate will convene at 2:00pm on Tuesday, November 12, 2013.  Following any Leader remarks, the Senate will be in a period of morning business until 4:30pm.

At 4:30pm, the Senate will proceed to Executive Session to consider Executive Calendar #346, the nomination of Cornelia T. L. Pillard, of the District of Columbia, to be United States District Court Judge for the District of Columbia Circuit with the time until 5:30pm equally divided and controlled in the usual form.

At 5:30pm, there will be a roll call vote on the motion to invoke cloture on the Pillard nomination.  If cloture is not invoked, there will be a 2nd roll call vote on the motion to invoke cloture on the motion to proceed to H.R.3204, the Drug Quality and Security Act.

For the information of all Senators, during Thursday, November 7th’s session of the Senate, cloture was filed on the following items in the following order:

–          Executive Calendar #346, the nomination of Cornelia T. L. Pillard, of the District of Columbia, to be United States District Court Judge for the District of Columbia Circuit and

–          H.R.3204, the Drug Quality and Security Act.

5:30pmThe Senate began a 15 minute roll call vote on Motion to invoke cloture on Executive Calendar #346, the nomination of Cornelia T. L. Pillard, of the District of Columbia, to be United States District Court Judge for the District of Columbia Circuit;

Not Invoked:56-41 (1 voted present)

Senator Reid entered a motion to reconsider the failed cloture vote at a later time.

6:03pm The Senate began a 15 minute roll call vote on the motion to invoke cloture on the motion to proceed to H.R.3204, the Drug Quality and Security Act;

Invoked: 97-1

There will be no further roll call votes during Tuesday’s session of the Senate.

WRAP UP

ROLL CALL VOTES

1)      Motion to invoke cloture on Executive Calendar #346, the nomination of Cornelia T. L. Pillard, of the District of Columbia, to be United States District Court Judge for the District of Columbia Circuit; Not Invoked:56-41 (1 voted present)

2)      Motion to invoke cloture on the motion to proceed to H.R.3204, the Drug Quality and Security Act; Invoked: 97-1

Additional LEGISLATIVE ITEMS

Passed S.1557 A bill to amend the Public Health Service Act to reauthorize support for graduate and medical education programs in children’s hospitals.

Passed S.1499, a bill to designate the facility of the United States Postal Service located at 278 Main Street in Chadron, Nebraska, as the “Sergeant Cory Mracek Memorial Post Office”.

Passed S.1512, a bill to designate the facility of the United States Postal Service located at 1335 Jefferson Road in Rochester, New York as the “Specialist Theodore Matthew Glende Post Office”.

Adopted S.Res.290, Commemorating the 75th anniversary of Kristallnacht, or the Night of Broken Glass.

Completed the Rule 14 process of S.1661, to require the Secretary of State to offer rewards of up to $5,000,000 for information regarding the attacks on the United States diplomatic mission at Benghazi, Libya that began September 11, 2012.

No Additional EXECUTIVE ITEMS

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Last Floor Action:11/12
7:24:13 P.M. – SPECIAL ORDER SPEECHES –
The House has concluded all anticipated legislative business and has proceeded
to Special Order speeches.

Last Floor Action:11/12
5:01:42 P.M. -S. 252
DEBATE – The
House proceeded with forty minutes of debate on S. 252.

Last Floor Action:11/12
2:02:25 P.M. – PLEDGE OF ALLEGIANCE – The
Chair designated Ms. Foxx to lead the Members in reciting the Pledge of
Allegiance to the Flag.

Last Floor Action:10/30
5:11:55 P.M. – The House adjourned
pursuant to a previous special order.

The next meeting is scheduled for 10:00
a.m. on November 12, 2013, unless the House receives a message from the Senate
transmitting its adoption of H. Con. Res. 62, in which case the House shall
stand adjourned pursuant to that concurrent resolution.

 

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the Senate considers S.1569 ~~ Congress 10/14 ~~ the House considers


WethePeople

SCHEDULE FOR MONDAY, OCTOBER 14, 2013

The Senate stands adjourned until 2:00pm on Monday, October 14.

When the Senate convenes, Senator Reid intends to renew the motion to proceed to S.1569, a bill to ensure the complete and timely payment of the obligations of the United States Government until December 31, 2014.

At 5:00pm, the Senate will proceed to Executive Session to consider Executive Calendar #206, the nomination of Andrea Wood, of Illinois, to be a United States District Judge for the Northern District of Illinois; and Executive Calendar #207, the nomination of Madeline Haikala, of Alabama, to be United States District Judge for the Northern District of Alabama. There will be 30 minutes for debate equally divided prior to a series of up 2 roll call votes on confirmation of the nominations

At approximately 5:30pm, the Senate will vote on confirmation of the following nominations:

–          Executive Calendar #206, the nomination of Andrea Wood, of Illinois, to be a United States District Judge for the Northern District of Illinois; and

–          Executive Calendar #207, the nomination of Madeline Haikala, of Alabama, to be United States District Judge for the Northern District of Alabama.

The Wood nomination is expected to be confirmed by voice vote and the Haikala nomination is expected to be confirmed by roll call vote.

Executive Calendar #206, the nomination of Andrea Wood, of Illinois, to be a United States District Judge for the Northern District of Illinois, was confirmed by voice vote.

5:31pm The Senate began a 15 minute roll call vote on confirmation of Executive Calendar #207, the nomination of Madeline Haikala, of Alabama, to be United States District Judge for the Northern District of Alabama.

Confirmed: 90-0

There will be no further roll call votes today.

WRAP UP

ROLL CALL VOTE

1)      Confirmation of Executive Calendar #207, the nomination of Madeline Haikala, of Alabama, to be United States District Judge for the Northern District of Alabama; Confirmed: 90-0

No LEGISLATIVE ITEMS

EXECUTIVE ITEMS

Confirmed Executive Calendar #206, the nomination of Andrea Wood, of Illinois, to be a United States District Judge for the Northern District of Illinois by voice vote.

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Last Floor Action:
12:37:54 P.M. – The House adjourned. 10/12

The next meeting is scheduled for 12:00 p.m. on October 14, 2013.

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