Floor protest over Obama's recess appointments falters in Senate

Sen. Mike Lee's (R-Utah) effort to block the confirmation of an Obama nominee in retribution for his controversial recess appointments faltered on Thursday when Cathy Bencivengo was confirmed to the District Court of the Southern District of California by a strong vote of 90-6.

Sen. Dianne Feinstein (D-Calif.) said prior to the vote that she knew of no senator who opposed the nominee. Lee, however, followed Feinstein to the floor, saying he was forced to oppose the confirmation in response to Obama's controversial recess appointment of Richard Cordray to lead the Consumer Financial Protection Bureau and other appointments during the winter recess.

"I oppose this confirmation not because to the qualifications of this nominee but I do so in defense of the Constitution," said Lee.

Only Republican Sens. Jim DeMint (S.C.), Jim Risch (Idaho), Rand Paul (Ky.), Mike Crapo (Idaho), Richard Shelby (Ala.) and Lee voted "no."