Congressional Record—Senate S8874
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S8874 CONGRESSIONAL RECORD — SENATE June 22, 1995 1986, or many times since that time, not know Dr. Foster that well. I have met with a lot of the families who did when at that time the Chief Justice had one visit with him. I do not snoop not even get a vote of any kind because Rehnquist nomination was on the line. around about his past. I think Senator they were Republicans in a Democratic What does history tell us? History DANFORTH was right when he made Senate. Well, Dr. Foster is getting a tells us that 31 of my colleagues on the that statement: Tell it to the family of vote. I promised him that, and he is other side of the aisle were prepared to John Tower when you talk about alle- getting it very quickly, in 2 days. filibuster a nominee to one of the high- gations and stuff over the transom, I met with him on Monday, and here est positions of our Government, and under the transom and wrecking some- it is Thursday, and we are going to today many of those who supported body’s character; tell it to John Tow- have the second vote. I think his initial this filibuster allege unfairness when er’s family. He is gone. lack of candor and certainly lack of Republicans exercise the same right— Tell it to Robert Bork. Tell it to his truthfulness on the part of the White the same right—only this is a minor of- wife when they were harangued and House made this nomination in doubt fice compared to the Chief Justice of harassed day after day after day by the from the start. the Supreme Court. Judiciary Committee. So whether it is his misleading state- We are talking about a nominee to an Tell it to Bill Lucas and his family, ments concerning his abortion record, office with a budget of under $1 million the fine outstanding sheriff of Wayne or his alleged knowledge of the infa- with a staff of six. But he is supposed County, MI, an outstanding black mous Tuskegee syphilis study or in- to make certain everybody is taken American who did not even get a vote, volvement in sterilizing several men- care of, all the medical problems are any kind of a vote on this floor, be- tally retarded women, there are just going to be taken care of if we just cause the Judiciary Committee voted, too many questions. If the Senator vote yes on this nomination, according in a 7–7 tie, and would not report him from Massachusetts can say that some- to my distinguished colleague from out. body lacks candor, maybe we can say it South Dakota, Senator DASCHLE. That is the thing the Democrats do with the same credibility on this side In fact, I remember my colleague not tell us: How many Republicans of the aisle. Maybe we are not entitled from Massachusetts arguing against never had a hearing, were never re- to that because we are Republicans, the Justice Rehnquist confirmation be- ported out of the committee, and when only the liberals are entitled to make cause he ‘‘lacked candor in testifying they were reported out, they stayed on those judgments. But we are, too. before the Senate Judiciary Com- the calendar; never had the courtesy to As I said yesterday, we need some- mittee’’ and because of Justice even have a cloture vote. They died on body in that position to be America’s Rehnquist’s ‘‘alleged pattern of expla- the calendar. doctor—not Republicans, not pro-life, nations * * * that are contradicted by I have not heard anybody say any- not pro-choice, not Democrats, not others or are misleading or do not ring thing about that over there, and I put conservatives, not liberals, but Amer- true.’’ those facts in the RECORD. I thought ica’s doctors. It is not a policy posi- Does that sound familiar? Many of us surely somebody would get up and ex- tion, it is a public relations job, with a said this time the same thing about Dr. plain why the Democrats would do that staff of six. The world will not come to Foster. when they talk about fairness and an end if we do not ever fill this office I have talked to him personally, oth- their hearts ache and they cannot sleep or if it is abolished. ers have talked to him, others who are at night. Why do they not read the So it seems to me we do not want on the committee. We should not have RECORD and go back and call all the somebody to divide us, as the previous the right to make that judgment be- families of the people who did not even Surgeon General did, about legaliza- cause we are Republicans, but it is all get a hearing or were on the calendar tion of drugs and all the other state- right to make it against the Chief Jus- week after week after week, month ments made by that Surgeon General, tice nominee for the U.S. Supreme after month after month and never but that has nothing to do with this Court. even had the courtesy of a vote, not nomination. My point is, if there is So, Mr. President, facts can be stub- even a cloture vote. somebody out there, there are thou- born things. They are rarely noted by So I know all about it. I have been sands and thousands of good people out the media, not often used in this Cham- here a while, and I keep track of these there who can unite America, unite ber. But they show that we have a dou- things. What comes around goes Americans, whatever they can do in ble standard and it is alive and well in around, and none of us are perfect. that office, and this is not the right Washington, DC. And it goes on and on When we make arguments on the Sen- nomination. and on. We hear all the hand wringing ate floor, we ought to go back and look Again, I agree with Senator DAN- over there and all the talk of Presi- at the last argument we made and the FORTH. I wonder sometimes why any- dential politics on this side and noth- one before that to see if it is consistent body would accept a nomination, but I ing about Presidential politics down- and how did we vote on Rehnquist be- do not know anybody on this side who town. This is not about Presidential fore standing up to make a speech. has been personal about Dr. Foster. I politics. That may be a good sound I can recall in 1980 joining with the am proud of the fact he is a veteran. As bite. This is about Dr. Foster and his Senator from Massachusetts, Senator far as I can see, he is a good person. We qualifications for the office, and it is KENNEDY, when they wanted to block had a nice visit. But also we have to about our right to advise and consent. John Breyer’s nomination. I said it have a record, and the record, I think, I must say, as I look back on it, we should not be blocked, and I voted for is the problem: His lack of candor. could have chosen other options, but it cloture, and we succeeded. He was a So we are proceeding, I think, in a seemed to me this was a fair option, Democrat, so it is not politics. very fair way, as we look at history just as fair as it was for Justice This nomination was flawed from the and look at the record and look at how Rehnquist who was nominated to be start, and the President knows it. But quickly this nomination has moved. Chief Justice. he sought to divide the American peo- It seems to me cloture should not be Cloture was invoked in that case. ple on the issue of abortion. That is all invoked and this nomination would go Cloture can be invoked in this case. this nomination is about, trying to di- back on the calendar, as the unani- The issue is not whether cloture was vide the American people for political mous-consent agreement indicates. invoked on 22 of the 24 nominations purposes, and the President talks that have been subjected to cloture about politics and his Chief of Staff f procedure. This is a false distinction. Leon Panetta goes on television this What is important is we have had 24 morning in some outrageous statement CLOTURE MOTION nominations subjected to a cloture about a vengeance up here—venge- The PRESIDING OFFICER (Mr. vote. So he can get an up-or-down vote, ance—which means they must be los- THOMPSON). The hour of 2 p.m. having all he needs to do is get 60 votes on ing. arrived, under the previous order, the this, as others have done in the past. So I wish Dr. Foster well. No one clerk will report the motion to invoke I do not question those who say Dr. likes to see someone who may want to cloture. Foster is probably a fine person. I do have a job denied that opportunity. I The legislative clerk read as follows: VerDate Aug 31 2005 05:41 May 28, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S22JN5.REC S22JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 22, 1995 CONGRESSIONAL RECORD — SENATE S8875 CLOTURE MOTION NATIONAL HIGHWAY SYSTEM (b) a safety belt use rate in each suc- We, the undersigned Senators, in accord- DESIGNATION ACT ceeding fiscal year thereafter of not less ance with the provisions of Rule XXII of the than the national average safety belt use Standing Rules of the Senate, do hereby The PRESIDING OFFICER.