Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION
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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION Vol. 152 WASHINGTON, WEDNESDAY, JANUARY 25, 2006 No. 5 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, January 31, 2006, at noon. Senate WEDNESDAY, JANUARY 25, 2006 The Senate met at 9:30 a.m. and was RESERVATION OF LEADER TIME accommodate Senators who wish to called to order by the President pro make statements. As I mentioned, The PRESIDENT pro tempore. Under tempore (Mr. STEVENS). every Senator will have the oppor- the previous order, the leadership time tunity to speak, but it is my hope we is reserved. PRAYER will be able to lock in a time certain f The Chaplain, Dr. Barry C. Black, of- for a vote on this qualified nominee as fered the following prayer: MORNING BUSINESS soon as possible in order that our fel- Let us pray. The PRESIDENT pro tempore. Under low Senators will know when that con- Almighty and merciful God, who has the previous order, there will be a pe- firmation vote will occur. I would like given us grace in times past and hope riod for the transaction of morning to be able to do that shortly. I have for the years to come, strengthen us to business with Senators permitted to been in discussion with the Democratic continue to grow in grace and in our speak therein for up to 10 minutes leader, and we will continue that dis- knowledge of You. Quicken our hearts each. cussion on that particular matter. f with warmer affection for You and f Your creation. Stir up the talents in RECOGNITION OF THE MAJORITY EXECUTIVE SESSION each of us and give us a desire to serve LEADER You and humanity. Bless the Members of this body and The PRESIDENT pro tempore. The NOMINATION OF SAMUEL A. the staffs that serve them. Increase majority leader is recognized. ALITO, JR., TO BE AN ASSO- their faith as You increase their years. f CIATE JUSTICE OF THE SU- PREME COURT OF THE UNITED Give them the moral fitness to live SCHEDULE lives of integrity and faithfulness. May STATES Mr. FRIST. President, I welcome ev- they not falter under the burdens they Mr. FRIST. Mr. President, at this eryone back to begin this second ses- are asked to carry in these uncertain point, I ask unanimous consent that sion of the 109th Congress. the Senate proceed to executive session days. Bless them with clear minds and In a few moments we will begin an- for the consideration of Calendar No. open eyes that they will not seek to other historic debate in the Senate 490, the nomination of Samuel Alito to solve tomorrow’s problems with yester- Chamber as we consider the nomina- be an Associate Justice of the Supreme day’s solutions. tion of Samuel Alito to be Associate We thank You for our new Senate Court of the United States. Justice of the Supreme Court of the The PRESIDENT pro tempore. Is page class. Inspire our pages to trust United States. You passionately so that You will di- there an objection? We will lock in a debate structure in Without objection, it is so ordered. rect their steps. We pray in Your Holy a few moments so we will be able to al- Name. Amen. The Senate will proceed to executive ternate hours back and forth between session, and the clerk will report. f the two sides of the aisle. This will The legislative clerk read the nomi- help facilitate the schedule so Members nation of Samuel A. Alito, Jr., of New PLEDGE OF ALLEGIANCE will have a better understanding of Jersey, to be an Associate Justice of The PRESIDENT pro tempore led the when they will have the opportunity to the Supreme Court of the United Pledge of Allegiance, as follows: come to the floor to give their state- States. I pledge allegiance to the Flag of the ments and to participate in that de- Mr. MCCAIN. Mr. President, will the United States of America, and to the Repub- bate. majority leader yield to me for 1 lic for which it stands, one nation under God, We will remain in session all day minute while I bring up an issue that indivisible, with liberty and justice for all. today and into the night this week to we were discussing yesterday? ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S35 . VerDate Aug 31 2005 02:17 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\RECORDCX\T37X$J0E\S25JA6.REC S25JA6 kstiles on PROD1PC69 with CONG-REC-ONLINE S36 CONGRESSIONAL RECORD — SENATE January 25, 2006 Mr. FRIST Mr. President, I will be The PRESIDENT pro tempore. Is cial temperament. Despite enduring re- happy to yield. there an objection? lentless questioning of his credibility, The PRESIDENT pro tempore. The Without objection, it is so ordered. integrity, and personal and political Senator from Arizona. Mr. FRIST. Mr. President, today, I views, Judge Alito remained LOBBYING REFORM am honored to open debate on the nom- unflappable, never once raising his Mr. MCCAIN. Mr. President, I thank ination of Judge Sam Alito to be the voice or becoming confrontational, fo- the majority leader for his efforts to 110th Associate Justice of the Supreme cusing clearly and articulately on the move the issue of lobbying reform for- Court of the United States. facts, the law, and the constitutional ward. We had a good meeting yesterday I enthusiastically support his con- questions presented to him. He under- amongst other Members, and Senator firmation. stands the limited role of a judge—judi- LIEBERMAN and I and others also, as Judge Alito deserves to become Jus- cial restraint, impartiality, and a com- the majority leader knows, have intro- tice Alito. Those who oppose him are mitment to the rule of law. duced legislation. There has been input smearing a decent and honorable man In addition to all of his exceptional made by other Members, and I know and imposing an unfair political stand- qualifications, integrity, and tempera- the majority leader joins me in saying ard on all judicial nominees. ment, Judge Alito deserves confirma- we need to put together a bipartisan I support Judge Alito because he is tion because he understands the lim- coalition to address this issue as quick- exceptionally qualified to be a Su- ited role of a judge to interpret the law ly as possible. We need to sit down with preme Court Justice. I support Judge and not legislate from the bench. He Members of both sides of the aisle in Alito because he is a man of integrity practices judicial restraint and refuses whatever format the majority leader and modest judicial temperament. I to prejudge cases or apply a personal and the Democratic leader decide so we support Judge Alito because he has a political agenda on the bench. In his can get to work right away and get leg- record that demonstrates a respect for hearing before the Judiciary Com- islation done to curb the lobbying ex- judicial restraint, an aversion to polit- mittee, this philosophy was clear. He cesses that have been brought to light ical agendas on the bench, and a com- said: that need to be fixed. mitment to the rule of law and the At another time I would like to talk Constitution. A judge can’t have an agenda. A judge with the majority leader about the There is no question that Judge Alito can’t have any preferred outcome in any par- issue of earmarks, but I thank the ma- is exceptionally well qualified. He is ticular case. The judge’s only obliga- jority leader for urging rapid action on measured, brilliant, deeply versed in tion—and it’s a solemn obligation—is to the rule of law, and what that means is that in this issue. We do have a basis for nego- and respectful of the law, and a man of tiation, and I hope we will be able to every single case, the judge has to do what character and integrity. But there is the law requires. immediately sit down with Members another reason I support Judge Alito. I from the other side of the aisle, come support Judge Alito because denying In his 15 years on the bench, Judge to conclusions and agreements—since him a seat on the Supreme Court could Alito has done exactly that. Just listen it is pretty obvious the majority of the have devastating long-term con- to the words of one of Judge Alito’s fixes that need to be made—and move sequences for our judicial nomination former law clerks, a registered Demo- forward. I thank the majority leader process. Let me address these issues crat who, by the way, still has a and the Democratic leader for urging one at a time. ‘‘Kerry for President’’ bumper sticker rapid action in addressing this issue Exceptional qualifications: From the on his car. His words: which is causing us, our image and our moment President Bush nominated Until I read [Judge Alito’s] 1985 Reagan job reputation to be hurt very badly in the him last October, Judge Alito’s excep- application, I could not tell you what his eyes of the American people. tional qualifications had a ‘‘wow’’ fac- politics were . When we worked on cases, I thank the majority leader.