July 11, 2001 CONGRESSIONAL RECORD — HOUSE H3927 Kelly Nadler Sherman RESIGNATION AS MEMBER OF CONGRESS OF THE , Kennedy (MN) Napolitano Sherwood COMMITTEE ON STANDARDS OF HOUSE OF REPRESENTATIVES, Kennedy (RI) Neal Shimkus July 11, 2001. Kerns Nethercutt Shows OFFICIAL CONDUCT Hon. J. DENNIS HASTERT, Kildee Ney Shuster The SPEAKER pro tempore (Mr. Kilpatrick Northup Simmons Speaker, U.S. House of Representatives, Kind (WI) Norwood Simpson SIMPSON) laid before the House the fol- Washington, DC. King (NY) Nussle Skeen lowing resignation as a member of the DEAR MR. SPEAKER: This is to formally no- Kingston Oberstar Skelton Committee on Standards of Official tify you, pursuant to Rule VIII of the Rules Slaughter Kirk Obey Conduct. of the House of Representatives, that my of- Kleczka Olver Smith (MI) fice has been served with a civil subpoena for Smith (NJ) CONGRESS OF THE UNITED STATES, Knollenberg Ortiz documents issued by the Superior Court for Kolbe Osborne Smith (TX) HOUSE OF REPRESENTATIVES, Smith (WA) Washington, DC, June 29, 2001. Allen County, Indiana in a civil case pending Kucinich Ose there. LaFalce Otter Snyder Hon. J. DENNIS HASTERT, LaHood Owens Solis Speaker, House of Representatives, Washington, After consultation with the Office of Gen- Souder Lampson Oxley eral Counsel, I have determined that it is Spence DC. Langevin Pallone consistent with the precedents and privileges Spratt DEAR MR. SPEAKER: I am writing to submit Lantos Pascrell of the House to advise the party who issued Stearns my resignation from the Committee on Largent Pastor Stenholm Standards of Official Conduct. the subpoena that I have no documents that Larsen (WA) Payne Strickland I will consider my resignation effective im- are responsive to the subpoena. Larson (CT) Pelosi Stump Sincerely, Latham Pence mediately. Stupak Sincerely, STEPHEN E. BUYER, LaTourette Peterson (MN) Sununu Member of Congress. Leach Peterson (PA) Sweeney ROB PORTMAN, Lee Petri Tanner Representative. f Levin Phelps Tauscher The SPEAKER pro tempore. Without Lewis (GA) Pickering Tauzin TRIBUTE TO THE LATE JUSTICE Lewis (KY) Pitts Taylor (MS) objection, the resignation is accepted. STANLEY MOSK Linder Platts Taylor (NC) There was no objection. Lipinski Pombo Terry (Ms. PELOSI asked and was given LoBiondo Pomeroy Thomas f permission to address the House for 1 Lofgren Portman Thompson (CA) ELECTION OF MEMBER TO COM- minute and to revise and extend her re- Lowey Price (NC) Thompson (MS) marks.) Lucas (KY) Pryce (OH) Thornberry MITTEE ON STANDARDS OF OF- Lucas (OK) Putnam Thune FICIAL CONDUCT Ms. PELOSI. Mr. Speaker, I rise Luther Quinn Thurman today to pay tribute to Justice Stanley Maloney (CT) Radanovich Tiahrt Mr. WALDEN of Oregon. Mr. Speak- Mosk, a justice of the Su- Maloney (NY) Rahall Tiberi er, I offer a resolution (H. Res. 187) and preme Court, who died a couple of Manzullo Ramstad Tierney ask unanimous consent for its imme- weeks ago after 37 years on the Cali- Markey Rangel Towns diate consideration in the House. Mascara Regula Traficant fornia Supreme Court. Matheson Rehberg Turner The SPEAKER pro tempore. The He was remembered at his funeral Udall (CO) Matsui Reyes Clerk will report the resolution. service for what speaker after speaker McCarthy (MO) Reynolds Udall (NM) The Clerk read as follows: McCarthy (NY) Riley Upton called his ‘‘legacy of justice.’’ Stanley McCollum Rivers Velazquez H. RES. 187 Mosk was the only Democrat on the McCrery Rodriguez Visclosky Resolved, That the following Member be State High Court and a very progres- McDermott Roemer Vitter and is hereby elected to the following stand- Walden sive member. He died in . McGovern Rogers (KY) ing committee of the House of Representa- McHugh Rogers (MI) Walsh He was my neighbor and he was my Wamp tives: McInnis Ros-Lehtinen friend. Our colleague, the gentleman Waters Standards of Official Conduct: Mr. Hulshof. McIntyre Ross Watkins (OK) from California (Mr. SCHIFF), will be McKeon Rothman The SPEAKER pro tempore. Is there Watson (CA) speaking more specifically about Stan- McKinney Roukema Watt (NC) objection to the request of the gen- McNulty Roybal-Allard ley Mosk’s contribution to the law in Watts (OK) tleman from Oregon? Meehan Rush California and our country. I want to Waxman There was no objection. Meek (FL) Ryan (WI) Weiner speak briefly about him personally. Meeks (NY) Ryun (KS) Weldon (FL) The resolution was agreed to. Stanley Mosk was a genius. He was a Menendez Sabo Weldon (PA) A motion to reconsider was laid on great tennis player. He took great Mica Sanchez Weller the table. Millender- Sanders Wexler pride in that. He might have wanted McDonald Sandlin Whitfield f that to be first. He was a great family Miller (FL) Sawyer Wicker person. Of course, that did come first. Miller, Gary Saxton APPOINTMENT OF MEMBERS TO Wilson He was a person of such great intellect Miller, George Schaffer Wolf CONGRESSIONAL-EXECUTIVE Mink Schakowsky that his decisions when he wrote them Woolsey COMMISSION ON PEOPLE’S RE- Mollohan Schiff Wu were the subject of great admiration PUBLIC OF CHINA Moore Schrock Wynn and study by law students and admired Moran (KS) Scott Young (AK) The SPEAKER pro tempore. Without Moran (VA) Serrano Young (FL) by those who followed the law. He will Morella Sessions objection, and pursuant to section be greatly missed in San Francisco, Murtha Shadegg 303(a) of Public Law 106–286, the Chair where the supreme court resides in Myrick Shaw announces the Speaker’s appointment California. of the following Members of the House NAYS—16 He was the first person elected state- to the Congressional-Executive Com- wide in California, when he ran for of- Bass Hefley Shays mission on the People’s Republic of Cox Hostettler Stark fice many years ago, the first person of Crane Rohrabacher Tancredo China: the Jewish religion ever elected. Once Doggett Royce Toomey Mr. LEVIN of Michigan and for all, he settled that issue. Be- Flake Scarborough Ms. KAPTUR of Ohio Green (WI) Sensenbrenner cause of Stanley Mosk, Jewish can- Ms. PELOSI of California didates know that their religion is not NOT VOTING—3 Mr. DAVIS of Florida. a factor in elections in this great Capuano Lewis (CA) Paul There was no objection. State. Indeed, if they were a factor at f all, it is a plus. With that, Mr. Speaker, I want to b 1848 COMMUNICATION FROM THE HON. mention further that it is said of him STEPHEN E. BUYER, MEMBER OF So the bill was passed. that many people learned much about CONGRESS pain and much about joy from him. The result of the vote was announced The SPEAKER pro tempore laid be- Stanley Mosk did not want to retire. as above recorded. fore the House the following commu- He went home, he was with his family, A motion to reconsider was laid on nication from the Honorable STEPHEN but he planned to retire in the fall. So, the table. E. BUYER, Member of Congress: if I am hesitant about this, it is with

VerDate 12-JUL-2001 04:49 Jul 12, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\A11JY7.066 pfrm02 PsN: H11PT1 H3928 CONGRESSIONAL RECORD — HOUSE July 11, 2001 great sorrow that I tell our colleagues of Justice Stanley Mosk. Many of you Born on September 4, 1912, in San An- that Stanley was vigorous to the end, know that as a fifth-generation Califor- tonio, , Stanley Mosk was edu- of course, with his great and powerful nian, born in San Francisco, where cated in public schools in Rockford, Il- intellect, benefiting all of us to the Stanley Mosk died, that he was a giant linois, and attended the University of end. among supreme court Justices in the Law School, earning his J.D. His plan was to retire in the fall. United States. He left a legacy of jus- from Southwestern University in Los That was not in the cards for him. God tice in California, having served on the Angeles. took him sooner. But I want his family supreme court in that State for 37 He was elected to serve as California to know that many of us in the Con- years. attorney general in 1959 after cam- gress mourn his passing, and I hope it I knew him as a lawyer. My father paigning in which he overcame tactics is a comfort to them that so many peo- was in the State legislature and was making his religious faith as a Jew an ple share their grief, but also their very close to the Mosk family and to issue, and won by more than a 1-mil- great pride in California Justice Stan- the family. Governor Pat lion-vote margin over his opponent, the ley Mosk. Brown appointed him to the bench. largest majority in any contest in The tragedy of his loss is that one of f America that year. He was overwhelm- the greatest legal minds of this cen- ingly reelected in 1962. PLIGHT OF PUBLIC HOSPITAL tury served in all of that time when As attorney general for nearly 6 SYSTEMS IN NATION California was emerging as a State, years, he issued approximately 2,000 (Ms. JACKSON-LEE of Texas asked growing to be the incredible nation- written opinions, appeared before the and was given permission to address state that it is, and the California Su- U.S. Supreme Court in the Arizona v. the House for 1 minute and to revise preme Court rose to, I think, in respect California water case, and other land- and extend her remarks.) probably the highest among all State mark matters. He served on numerous Ms. JACKSON-LEE of Texas. Mr. supreme courts in the United States. boards and commissions, handled anti- Speaker, this evening I would like to Stanley Mosk led that drive. It is a trust matters, constitutional rights, talk about the plight of the public hos- great tragedy that we lost him before consumer fraud, investigative fraud, pital systems in this Nation, and use as we could totally record all of his authoring some of California’s most an example my own public hospital memories, but his legacy will live on in constructive legislative proposals in system, the Harris County Hospital the history of California. He was one of the field of crime and law enforcement. District. the men that matched our mountains. b 1900 First of all, let me applaud the dis- f He established the Attorney Gen- trict for being such a vital part of our SPECIAL ORDERS eral’s Civil Rights Division and fought community, both in times of need and The Speaker pro tempore. Under the to force the Professional Golfers Asso- in times of tragedy. In particular over Speaker’s announced policy of January ciation to amend its bylaws denying the last couple of weeks, it is the Har- 3, 2001, and under a previous order of access to minority golfers. ris County Hospital District that has the House, the following Members will Governor Pat Brown appointed Mosk stood up under the burden of Tropical be recognized for 5 minutes each. to the California Supreme Court in Storm Allison. When any number of 1964. I note with pride that the late f our private hospitals were closed, the Senator Sam Ervin of North Carolina, Harris County Hospital District had its REMEMBERING THE HONORABLE on the floor of Congress on August 5, doors open. The trauma center, the STANLEY MOSK 1964, referred to Mosk as ‘‘one of the Trauma 1 Emergency Center, was The Speaker pro tempore. Under a finest constitutional lawyers in the available for those who were in need. previous order of the House, the gen- United States.’’ While on the court, Now this hospital district is in need, tleman from California (Mr. SCHIFF) is Justice Mosk authored decisions that and we need to rally around it to sup- recognized for 5 minutes. presaged decisions later reached by the port it. Mr. SCHIFF. Mr. Speaker, I want to U.S. Supreme Court. Mosk, as a supe- First of all, there is an enormous thank my colleagues for their kind re- rior court judge in 1947, overturned a nursing shortage, as we well know, marks. restrictive covenant that had pre- throughout this Nation. We must find Mr. Speaker, I rise today to pay my vented African Americans and other ways to enhance and grow nurses, as deepest respects to the memory and minorities from moving into particular well as provide opportunities for exist- legacy of California State Supreme neighborhoods a year before the United ing nurses who are immigrants to come Court Justice Stanley Mosk, a long- States Supreme Court voided such cov- in and provide assistance. standing champion of civil rights and enants. He wrote a 1978 decision bar- Furthermore, we must address the free speech, who passed away in his ring prosecutors from using preemp- funding issue that plagues the Harris home on June 19, 2001, at the age of 88. tory challenges to eliminate minority County Hospital District as it relates Justice Mosk loved serving on the or female jurors in criminal cases, a to the formula utilized for Medicaid court and had very reluctantly decided trailblazing ruling that later became dollars in this Congress. I hope that my to retire due to his advancing age. Federal constitutional law when the colleagues on several committees that Sadly, Justice Mosk died on the day he U.S. Supreme Court reached the same I will be approaching, along with Mem- was to submit his resignation to the conclusion 8 years later. bers of the , can Governor of California. Mosk, as commentators have noted, help us assist in obtaining additional I first learned of Justice Mosk as a was consistent in upholding the rights funding, at least providing some mini- law student in the 1980s when I studied of individuals. He detested quotas and mal relief to the Harris County Hos- his opinions as required reading at Har- led the court majority in striking down pital District, but addressing the need vard Law School, along with the opin- admission formulas used by the med- across the Nation for our public hos- ions of Justices Tobriner and Traynor. ical school at the University of Cali- pital systems. I applaud them and Traynor, Tobriner and Mosk were the fornia at Davis. ‘‘Originated as a means thank them for their service to the giants of the California courts. They of exclusion of racial and religious mi- health needs of America. were the three gentlemen who made norities, a quota becomes no less offen- f the California court, in many people’s sive when it serves to exclude a racial view, many scholars around the coun- majority,’’ he wrote. Personally op- TRIBUTE TO THE LATE JUSTICE try, truly the highest court in the land. posed to the death penalty, Mosk none- STANLEY MOSK Justice Mosk served 37 years on that theless upheld the law in capital cases. (Mr. FARR of California asked and court, the longest of any justice, and As the Sacramento Bee columnist was given permission to address the served with remarkable productivity, Peter Schrag has eloquently noted, House for 1 minute and to revise and authoring 1,688 rulings. Smart, elo- Justice Mosk exhibited a ‘‘combination extend his remarks.) quent and principled, he had a magnifi- of judicial creativity and practical Mr. FARR of California. Mr. Speaker, cent record of upholding and expanding sense that produced a string of imagi- I rise tonight to speak on the memorial the rights of individuals. native legal departures.’’ Among those

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