The Republican leader and I know the many things we are trying to complete in the next few days. And because I do not do something, as I have had happen before--that somebody on either side of the aisle gets disturbed because of something I did or did not do--they say: I am not going to let you have a vote on Kagan now. That could be on my side or on your side. So here is what I will do: I have not filed this motion yet. Based on the statement of my friend from Alabama and my friend the Republican leader, I will just hold this in abeyance. I just know what is coming tomorrow. If we get stuck in a 30-hour time period, realistically, it would take consent to even allow the debate to go forward on Kagan. I would certainly not stand in the way of that. And during the time of the 30 hours pending, as I understand the rules, I cannot file another cloture motion. But recognizing that everyone wants to operate in the best way, what I would do is ask my two friends here, the ranking member of the Judiciary Committee and my friend the Republican leader--would the Republican leader consider allowing, if we get stuck in some procedural thing tomorrow, which is Wednesday--we have to complete this by Friday, I would think--would my friend consider a unanimous consent request to allow me to file tomorrow? Because if we are postcloture with 30 hours, I cannot file cloture tomorrow. Mr. McCONNELL. Yes. I would say to my friend the majority leader, I would be willing to consider that.…
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