As per Robert's Rules, "in stating the appeal, the presiding officer uses the form, "Those in favor of sustaining the decision of the chair...". (Cited indirectly via Wikipedia's article on the appeal)
Mr. McCONNELL: Madam President, our Democratic colleagues have done
something today that is unprecedented in the history of the Senate.
Unfortunately, it has brought us to this point. We need to restore the
norms and traditions of the Senate and get past this unprecedented
partisan filibuster. Therefore, I raise a point of order that the vote on cloture, under the precedent set on November 21, 2013, is a majority vote for all nominations.
The PRESIDING OFFICER: The precedent of November 21, 2013, did not
apply to nominations to the Supreme Court. Those nominations are
considered under plain language of rule XXII.
The point of order is not sustained.
Mr. McCONNELL: Madam President, I appeal the ruling of the Chair.
The PRESIDING OFFICER: The Democratic leader.
Mr. SCHUMER: Madam President, parliamentary inquiry.
The PRESIDING OFFICER: The Democratic leader will state the
parliamentary inquiry.
Mr. SCHUMER: Madam President, did the Senate precedent established on
November 21, 2013, on how nominations are considered in the Senate change the cloture threshold for
nominations to the Supreme Court?
The PRESIDING OFFICER: The consideration of nominees to the Supreme
Court of the United States was unaffected by the precedent of November
21, 2013, and is as under rule XXII.
Mr. SCHUMER: Madam President, a second parliamentary inquiry.
The PRESIDING OFFICER: The Democratic leader will state the
parliamentary inquiry.
Mr. SCHUMER: Madam President, in the history of the Senate, have
there been any instances in which a nomination to the Supreme Court was
withdrawn after cloture was not invoked on the nomination?
The PRESIDING OFFICER: The Secretary of the Senate's office has
confirmed that such a withdrawal has taken place.
Mr. SCHUMER: Thank you, Madam President. Madam President, a parliamentary inquiry.
The PRESIDING OFFICER: The Democratic leader will state the
parliamentary inquiry.
Mr. SCHUMER: Madam President, of the last 26 nominations of Justices
confirmed to the Supreme Court, going back to 1954, how many were
confirmed without a rollcall vote or received more than 60 votes in
support of their nomination either on cloture or on confirmation?
The PRESIDING OFFICER: The Secretary of the Senate's office confirms
that 25 of 26 nominees were confirmed in one or another of the manner
so described.
[A motion to adjourn fails.]
The PRESIDENT pro tempore: The question is, Shall the decision of the
Chair stand as the judgment of the Senate?
Mr. McCONNELL: Mr. President, I ask for the yeas and nays.
The PRESIDENT pro tempore: Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
[The vote happens]
The PRESIDENT pro tempore: The decision of the Chair does not stand
as the judgment of the Senate.