opposition to another nominee being considered this week, jonathan kobes for the eighth circuit court of appeals from south dakota. mr. kobes received a not qualified vote from a substantial majority of the a.b.a.'s standing committee on the federal judiciary. the report -- they reported that kobes has neither the experience nor evidence of his ability to fulfill the scholarly writing required of a united states circuit court judge. they continued, the standing committee had difficulty analyzing will kobes' professional competence because he was unable to provide sufficient writing samples of a cal better required -- caliber required to satisfy committee members that he was capable of doing the work of a united states circuit court judge. end quote. hence their nonqualified vote for him. in normal times this sort of negative evaluation from the a.b.a. would be given to the white house before the white house decided to nominate someone and the person would never even be nominated. but these are not normal times. instead of following normal procedure, the white house has nominated profoundly unfit to serve for a lifetime on the circuit

the clerk: nomination, the judiciary, jonathan a. kobes of south dakota to be united states circuit judge for the eighth circuit. mr. mcconnell: i send a cloture motion to the desk. the presiding officer: the clerk will report the cloture motion. the clerk: cloture motion, we the undersigned senators in accordance with the provisions of the standing rules of the senate do hereby move to bring to a close debate on the nomination of jonathan a. kobes of south dakota to be united states circuit judge for the eighth circuit signed by 17 senators as follows -- mr. mcconnell: i ask consent the reading of the names be waived. the presiding officer: without objection. mr. mcconnell: i move to proceed to legislative session. the presiding officer: all in favor say aye. opposed say no. the ayes appear to have it. the ayes do have it. the motion is agreed to. mr. mcconnell: i move to proceed to executive to consider calendar number 1064. the presiding officer: all in favor. opposed say no. the ayes appear to have it. the ayes do have it. the motion i

the question is, is it the sense of the senate that debate on the nomination of jonathan a. kobes of south dakota to be united states circuit judge for the eighth circuit shall be brought to a close. the yeas and nays be mandatory under the rule. the clerk will call the roll. vote: vote: vote: the presiding officer: the senator from arizona. a senator: a senator: -- with the senator from oklahoma mr. inhofe if he were present and voting, he would have voted yea. he is absent due to a family emergency. mr. flake:ful i were permitted to vote, i would vote nay. i therefore withdraw my vote. the presiding officer: the senator has that right. vote: vote: v.p. the vice president: on this vote the yeas are 49, the nays are 49. the senate being equally divided, the vice president votes in the affirmative and the motion is agreed to. the vice president: the clerk will report the nomination. the clerk: the judiciary, jonathan a.kobes of south dakota to be united states circuit judge for the eighth circuit. a senator: madam president. the presiding officer: the senator from colorado. mr. gar