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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION Vol. 156 WASHINGTON, TUESDAY, AUGUST 3, 2010 No. 116 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, September 14, 2010, at 2 p.m. Senate TUESDAY, AUGUST 3, 2010 The Senate met at 9:30 a.m. and was U.S. SENATE, jobs and finish the unfinished business called to order by the Honorable CARTE PRESIDENT PRO TEMPORE, of this work period, we will also turn P. GOODWIN, a Senator from the State Washington, DC, August 3, 2010. to the nomination of Supreme Court of West Virginia. To the Senate: nominee Elena Kagan. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Giving the President the Senate’s ad- PRAYER appoint the Honorable CARTE P. GOODWIN, a vice and consent, as prescribed by the The Chaplain, Dr. Barry C. Black, of- Senator from the State of West Virginia, to Constitution for a lifetime appoint- fered the following prayer: perform the duties of the Chair. ment to the highest Court in the coun- Eternal Lord God, who comforts us in DANIEL K. INOUYE, try, is one of this body’s most solemn all our troubles, be near to our law- President pro tempore. obligations. makers today. When they feel tired or Mr. GOODWIN thereupon assumed Chairman LEAHY and Ranking Mem- unappreciated, remind them that You the chair as Acting President pro tem- ber SESSIONS oversaw, through the keep a record of their labors and will pore. lengthy process, very thorough and re- reward them for their faithfulness. f spectful confirmation hearings. All of May the realization that You are close them were fair and I think were pro- beside them keep them from becoming RESERVATION OF LEADER TIME bative. I thank them both for their weary in their efforts to keep America The ACTING PRESIDENT pro tem- leadership. strong. As they remember that pleas- pore. Under the previous order, leader- Several Senators have already made ing You should be their first priority, ship time is reserved. known how they will vote on Ms. fill them with a peace the world can’t f Kagan’s nomination. Those Senators give or take away. Lord, lead them and many others will come to the floor into a future of faith, love, and peace. EXECUTIVE SESSION in the next few days to explain their We pray in Your sacred Name. Amen. positions. I will be one of them speak- ing in support of this exceptional nomi- f NOMINATION OF ELENA KAGAN TO nee. I will certainly give her my vote. PLEDGE OF ALLEGIANCE BE ASSOCIATE JUSTICE OF THE SUPREME COURT As the debate moves to the Senate The Honorable CARTE P. GOODWIN led floor and as we move toward a final the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- vote, I look forward to a continuation I pledge allegiance to the Flag of the pore. Under the previous order, the of the passionate but civil discussion United States of America, and to the Repub- Senate will proceed to executive ses- we have seen in the committee thus lic for which it stands, one nation under God, sion to consider the following nomina- far. In this respect, perhaps we can indivisible, with liberty and justice for all. tion, which the clerk will report. draw inspiration from Ms. Kagan her- f The assistant legislative clerk read self. In her confirmation hearing last the nomination of Elena Kagan, of year for the position she currently APPOINTMENT OF ACTING Massachusetts, to be Associate Justice holds—as our Nation’s Solicitor Gen- PRESIDENT PRO TEMPORE of the Supreme Court. eral, that is our Government’s lawyer The PRESIDING OFFICER. The RECOGNITION OF THE MAJORITY LEADER in cases that come before the U.S. Su- clerk will please read a communication The ACTING PRESIDENT pro tem- preme Court—Ms. Kagan testified that to the Senate from the President pro pore. The majority leader is recog- one of the attributes she would bring tempore (Mr. INOUYE). nized. to the job was an ‘‘understanding of The assistant legislative clerk read Mr. REID. Mr. President, while we how to separate the truly important the following letter: continue working this week to create from spurious.’’ ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6597 . VerDate Mar 15 2010 00:08 Aug 04, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A03AU6.000 S03AUPT1 smartinez on DSKB9S0YB1PROD with SENATE S6598 CONGRESSIONAL RECORD — SENATE August 3, 2010 In the final days of this process, I certainly compliment the ranking woman to serve as the Solicitor Gen- suggest we keep those words in mind. I member, Senator SESSIONS. We may eral of the United States. Her nomina- hope my fellow Senators will bring to have disagreed on the outcome and on tion to the Supreme Court received the this debate the same appreciation for the vote, but I think Senators worked highest possible rating from the Amer- what is critical to the Court and to our very hard to get questions asked, to ican Bar Association’s Standing Com- country, that will keep it separate make sure that the American people mittee on the Federal Judiciary. Her from what is not. knew who Elena Kagan was. I note that credentials and legal abilities have The ACTING PRESIDENT pro tem- Senator SESSIONS and I set the times been extolled by many across the polit- pore. The Senator from Vermont is rec- for witnesses and all. We were con- ical spectrum. Two of these individuals ognized. strained somewhat by the distin- were Justice Sandra Day O’Connor and MEASURE PLACED ON CALENDAR—H.R. 5901 guished Presiding Officer’s predecessor, Justice Antonin Scalia. In addition, Mr. LEAHY. Mr. President, I under- who died that week, and we were try- Michael McConnell, Kenneth Starr and stand that H.R. 5901 is at the desk and ing to arrange time for many of us to Miguel Estrada have given praise to due for a second reading. go to the funeral. I wanted to publicly this nomination. Like Justices Hugo The ACTING PRESIDENT pro tem- thank Senator SESSIONS for his help in Black, Robert Jackson, Earl Warren, pore. Without objection, the clerk will working out that schedule. William Rehnquist and so many others, read the title of the bill for the second No one can question the intelligence Solicitor General Kagan’s experience time. or achievements of this woman. No one outside the judicial monastery will be The assistant legislative clerk read should question her character either. valuable to her when she is confirmed. as follows: Elena Kagan was the first woman to be No one can question the intelligence or A bill (H.R. 5901) to amend the Internal the Dean of the prestigious Harvard achievements of this woman. I hope no- Revenue Code of 1986 to exempt certain stock Law School and the first woman in our body would question her character ei- of real estate investment trusts from the tax Nation’s history to serve as Solicitor ther. on foreign investment in United States real General, a position often referred to as From the moment her nomination property interests, and for other purposes. the ‘‘Tenth Justice.’’ As a student, she was announced, Solicitor General Mr. LEAHY. I object to any further excelled at Princeton, Oxford and Har- Kagan has spoken about the impor- proceedings on this measure at this vard Law School. She worked in pri- tance of upholding the rule of law and time. vate practice and briefly for then-Sen- enabling all Americans to have a fair The ACTING PRESIDENT pro tem- ator JOE BIDEN on the Judiciary Com- hearing. She said that ‘‘law matters; pore. Objection is heard. The bill will mittee. She taught law at two of the because it keeps us safe, because it pro- be placed on the calendar. Nation’s most respected law schools, tects our most fundamental . free- Mr. LEAHY. Mr. President, what is and counseled President Clinton on a doms; and because it is the foundation the order? wide variety of issues. She clerked for of our democracy.’’ Like her, I believe The ACTING PRESIDENT pro tem- two leading judicial figures, Judge the law does matter in people’s lives. pore. Under the previous order, the Abner Mikva on the Court of Appeals That is why I went to law school. That Senator from Vermont, Senator LEAHY, for the District of Columbia Circuit, is why I practiced law and then became will control the first 30 minutes, and and then for Supreme Court Justice a prosecutor. That is why I ran for the the Senator from Alabama, Senator Thurgood Marshall, on one of the most Senate. I believe that the law matters SESSIONS, will control the second 30 extraordinary lawyers in American his- in people’s lives, because the Constitu- minutes. tory. tion is this amazing fabric of our Na- The Senator from Vermont is recog- I have been here since the time of tion; it is our protection. She under- nized. President Gerald Ford, and I have long stands this, as did her mentor, Justice Mr. LEAHY. Mr. President, more urged Presidents from both political Thurgood Marshall. than 12 weeks ago, President Obama parties to look outside what they call In her contribution to the 1993 trib- nominated Elena Kagan to succeed the ‘‘judicial monastery,’’ and not feel ute to Justice Marshall by the Texas Justice John Paul Stevens as an Asso- restricted to considering only Federal Law Review, Elena Kagan recalled how ciate Justice of the Supreme Court of appellate judges to fill vacancies on Justice Marshall’s law clerks had tried the United States.
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