February 3, 1988 CONGRESSIONAL RECORD—SENATE 739

who can, in fact, provide the kind of

leadership that is essential to the rule

of law in America.

The PRESIDING OFFICER. The

time of the Senator has expired.

Mr. LEAHY. Mr. President, we are

going to vote soon.

I would note that the chairman of

the Senate Judiciary Committee is not

here because of an illness. I know how

personally disappointing that must be

to him. We would not be here at this

time without the leadership of Senator BIDEN, who has carefully brought

these hearings to fruition, moved

them through expeditiously, in a way

so that all sides could be heard. I

think the fact that this nomination is

here in such good shape is a tribute to

Senator BIDEN.

The PRESIDING OFFICER. The

Senator's time has expired. All time

has expired.

The hour of 10:30 having arrived,

the question is will the Senate advise

and consent to the nomination of Anthony M. Kennedy, of California, to

be an Associate Justice of the Supreme Court.

The yeas and nays have been ordered. The clerk will call the roll.

The assistant legislative clerk called

the roll.

Mr. CRANSTON. I announce that

the Senator from Tennessee [Mr.

GORE] and the Senator from Illinois

[Mr. SIMON] are necessarily absent.

I also announce that the Senator

from Delaware [Mr. BIDEN] is absent

because of illness.

I further announce that, if present

and voting, the Senator from Delaware [Mr. BIDEN] and the Senator

from Tennessee [Mr. GORE] would

each vote "yea."

The PRESIDING OFFICER. Are

there any other Senators in the Chamber who desire to vote?

The result was announced—yeas 97,

nays 0, as follows:

[Rollcall Vote No. 16 Ex.]

Adams

Armstrong

Baucus

Bentsen

Bingaman

Bond

Boren

Boschwitz

Bradley

Breaux

Bumpers

Burdick

Byrd

Chafee

Chiles

Cochran

Cohen

Conrad

Cranston

D'Amato

Danforth

Daschle

DeConcini

Dixon

Dodd

Dole

Domenici

Durenberger

YEAS—97

Evans

Exon

Ford

Fowler

Garn

Glenn

Graham

Gramm

Grassley

Harkin

Hatch

Hatfield

Hecht

Heflin

Heinz

Helms

Hollings

Humphrey

Inouye

Johnston

Karnes

Kassebaum

Kasten

Kennedy

Kerry

Lautenberg

Leahy

Levin

Lugar

Matsunaga

McCain

McClure

McConnell

Melcher

Metzenbaum

Mikulski

Mitchell

Moynihan

Murkowski

Nickles

Nunn

Packwood

Pell

Pressler

Proxmire

Pryor

Quayle

Reid

Riegle

Rockefeller

Roth

Rudman

Sanford

Sarbanes

Sasser

Shelby

Simpson

Specter

Stafford

Stennis

Stevens

Symms

Thurmond

Trible

Wallop

Warner

Weicker

Wilson

Wirth

Biden

NOT VOTING—3

Gore Simon

So the nomination was confirmed.

Mr. BYRD. Mr. President, I ask

unanimous consent that the President

be immediately notified of the confirmation of the nomination.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. BYRD. Mr. President, I move to

reconsider the vote by which the nomination was confirmed.

Mr. METZENBAUM. I move to lay

that motion on the table.

The motion to lay on the table was

agreed to.

MORNING BUSINESS

The PRESIDING OFFICER. Under

the previous order, there will now be a

period for the transaction of morning

business for not to exceed 30 minutes.

The majority leader.

RECESS UNTIL 11:45 A.M.

Mr. BYRD. Mr. President, I ask

unanimous consent that the Senate

stand in recess for 45 minutes.

There being no objection, the

Senate, at 11 a.m., recessed until 11:45

a.m.; whereupon, the Senate reassembled when called to order by the Presiding Officer [Mr. SHELBY].

EXTENSION OF MORNING

BUSINESS

Mr. BYRD. Mr. President, what is

the pending business before the

Senate, if any, at the moment?

The PRESIDING OFFICER. Morning business has expired.

Mr. BYRD. Mr. President, I ask

unanimous consent that morning business be extended for an additional 30

minutes and that Senators may speak

therein up to 5 minutes each.

The PRESIDING OFFICER. Without objection, it is so ordered.

problem: as long as Nicaragua receives

outside shipments of armaments, the

Nicaraguans, with their war, will keep

plodding on.

Is there anything wrong with President Reagan telling Gorbachev that

the Soviets must stop supplying war

materials to the Nicaraguan Government? That government is sick, and

the continuous supply of Soviet armaments is the root of their sickness. To

match that with U.S. supplies for the

Contras does not treat the illness but

only spread it.

My prescription is to have President

Reagan notify Gorbachev that arms

shipments to Nicaragua are unacceptable. That is the best U.S. contribution to the Arias peace plan. If the

peace proposal is to succeed, it will be

worked out gradually, without outside

interference.

We have enough problems at home

with a shaky economy that reflects

the serious budget and trade deficits.

The attention to Ortega and the Contras continually distracts attention

from our major economic problems.

Nicaragua has been a continuous

drain, both in dollars and time for the

President and Congress. Meanwhile,

America sinks deeper into its own economic swamp.

To make our position clear, the

President should promptly notify the

Soviets to halt Nicaraguan arms shipments and then permit the focus of

our efforts to be turned to our own

problems.

Mr. President, I suggest the absence

of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

Mr. BYRD. Mr. President, I ask

unanimous consent that the order for

the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. BYRD. Mr. President, the two

requests I am about to make have

been cleared with the distinguished

Republican leader.

SOVIET ARMAMENTS TO

ORTEGA—UNITED STATES

ARMS TO CONTRAS DOES NOT

BRING PEACE

Mr. MELCHER. Mr. President, my

continued and consistent opposition to

U.S. money for the Contras is based on

my strong feeling that throwing

money at 15,000 or 20,000 armed

troops will not bring peace. I have continuously evaluated President Reagan's Nicaraguan policy, and I have

always concluded this policy simply is

wrong. As long as we continue to send

the Contras money, they will find

ways to gobble it up.

Sending more money to solve the

mess in Nicaragua ignores the basic

TRADITIONAL READING OF

WASHINGTON'S FAREWELL ADDRESS

Mr. BYRD. Mr. President, I ask

unanimous consent that notwithstanding the resolution of the Senate of

January 24, 1901, on Monday, February 15, 1988, immediately following

the prayer and the disposition of the

Journal, the traditional reading of

Washington's Farewell Address take

place, and that the chair be authorized to appoint a Senator to perform

its reading.

The PRESIDING OFFICER. Without objection, it is so ordered.