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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, SECOND SESSION 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, THURSDAY, JANUARY 26, 2006 No. 6 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, January 31, 2006, at noon. Senate THURSDAY, JANUARY 26, 2006 The Senate met at 9:45 a.m. and was RESERVATION OF LEADER TIME tinue alternating 1-hour blocks of time called to order by the President pro The PRESIDENT pro tempore. Under between the two sides throughout the tempore (Mr. STEVENS). the previous order, the leadership time day. Members should plan their sched- is reserved. ules accordingly to use the allocated PRAYER time to make their statements. We will f The Chaplain, Dr. Barry C. Black, of- continue to work toward a final time fered the following prayer: EXECUTIVE SESSION for a vote on the nomination. Let us pray. Mr. President, I suggest the absence of a quorum. Eternal Lord God, the fountain of NOMINATION OF SAMUEL A. The PRESIDENT pro tempore. The truth and wisdom, thank You for the ALITO, JR., TO BE AN ASSO- clerk will call the roll. yearning You have placed in our hearts CIATE JUSTICE OF THE SU- The legislative clerk proceeded to for You. PREME COURT OF THE UNITED call the roll. Today, equip our Senators for the STATES tasks before them. Help them strive to Mr. LEAHY. Mr. President, I ask make the rough places of our world The PRESIDENT pro tempore. Under unanimous consent that the order for smooth and the crooked places the previous order, the Senate will pro- the quorum call be rescinded. straight. As they debate the Judge ceed to executive session and resume The PRESIDENT pro tempore. With- Samuel Alito nomination to the Su- consideration of Calendar No. 486, out objection, it is so ordered. preme Court, give them the wisdom to which the clerk will report. The Chair will state that the time be guided by conscience and not con- The legislative clerk read the nomi- from 11 a.m. to 12 p.m. shall be under tention. Empower them to disagree nation of Samuel A. Alito, Jr., of New the control of the majority leader or without being disagreeable. Guide their Jersey, to be an Associate Justice of his designee, with each hour rotating hands, hearts, and minds to those un- the Supreme Court of the United back and forth in the same manner dertakings that please You. May they States. after that time. never swerve from the straight and The PRESIDENT pro tempore. Under The Senator is recognized. narrow path of Your unfolding provi- the previous order, the time from 10 Mr. LEAHY. I thank the distin- dence. a.m. to 11 a.m. shall be under the con- guished President pro tempore, my Help us all to live for Your honor so trol of the Democratic leader or his friend of over 30 years. The debate has that even our enemies will be at peace designee. worked out well by going back and with us. Bless our military men and RECOGNITION OF THE ACTING MAJORITY LEADER forth, showing the usual comity here in women who sacrifice each day to keep The PRESIDENT pro tempore. The the Senate. us free. We pray in Your righteous acting majority leader is recognized. I began my discussion of Judge Name. Amen. SCHEDULE Alito’s nomination for a lifetime ap- f Mr. DEMINT. Mr. President, today, pointment to the Nation’s highest we resume consideration of the nomi- Court with the same issue I began my PLEDGE OF ALLEGIANCE nation of Judge Alito to be an Asso- questions to Judge Alito and, before The PRESIDENT pro tempore led the ciate Justice of the Supreme Court. that, to now Chief Justice Roberts: Pledge of Allegiance, as follows: The order from yesterday allows the That is the issue of checks and bal- I pledge allegiance to the Flag of the Democrat side to begin debate this ances on Government power. Obvi- United States of America, and to the Repub- morning at 10 o’clock and speak for up ously, the answers given by Chief Jus- lic for which it stands, one nation under God, to 1 hour. Then the majority will have tice Roberts I found satisfactory. I indivisible, with liberty and justice for all. the hour from 11 to 12, and we will con- voted for him. The answers by Judge ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S145 . VerDate Aug 31 2005 02:48 Jan 27, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A26JA6.000 S26JAPT1 jcorcoran on PROD1PC62 with SENATE S146 CONGRESSIONAL RECORD — SENATE January 26, 2006 Alito, as I will explain further, I did told him Senator SPECTER had pre- I ask unanimous consent that letters not find satisfactory. viously insisted on an answer from Jus- from civil rights organizations in oppo- It is important because we are at a tice Rehnquist and that Justice sition to Judge Alito’s nomination be pivotal point in our Nation’s history. Rehnquist had answered that it would printed in the RECORD. This is a time of unprecedented govern- not be constitutional to strip the Court There being no objection, the mate- mental intrusion into the lives of ordi- of its jurisdiction, its vital function to rial was ordered to be printed in the nary Americans. The President has at- protect fundamental rights. Unlike the RECORD, as follows: tempted to justify secret warrantless late Chief Justice, Judge Alito re- WASHINGTON BUREAU, NATIONAL AS- wiretapping of Americans, the evasion sponded as though it were merely an SOCIATION FOR THE ADVANCEMENT of legal bans against torture, and the academic question. He said that there OF COLORED PEOPLE, detention of American citizens without are scholars on both sides. He refused Washington, January 9, 2006. due process of law. The Bush adminis- to state his view. This is a basic and Re NAACP urges thorough review of Judge tration is making extraordinary claims fundamental issue for anybody aspiring Samuel Alito’s troubling record on civil of essentially unlimited power. There to be a member of the Supreme Court. rights & civil liberties during Judiciary are troubling signs that this nomina- Justice Rehnquist got it right. For Committee hearing tion is part of that effort by the Presi- that matter, Judge Bork got it right. MEMBERS, dent and Vice President to uphold Judge Alito got it wrong. U.S. Senate, Committee on the Judiciary, Wash- When he failed to respond to my ington, DC. Presidential claims of unchecked DEAR SENATOR: As you are aware from ear- question, Senator SPECTER revisited it, power and to upset the careful balance lier correspondence, the NAACP is opposed of our system of government, a system but Judge Alito still failed the to the nomination of Judge Samuel Alito to of government that was so carefully straightforward test. I asked the same the United States Supreme Court based on crafted by the Framers in our national question with respect to the fourth our thorough review of his dismal record on charter, the Constitution. I have said I amendment, the fifth amendment, and upholding civil rights and civil liberties pro- do not believe that Judge Alito would the sixth amendment. Again, there was tections. As such, we would urge you, as a be that kind of a careful check and bal- no answer. These are the constitu- member of the Senate Judiciary Committee, tional amendments that guarantee our to use your position and your Constitu- ance against Presidential over- tionally-mandated responsibility to thor- reaching. Because of that, I said I privacy rights, our protection against unreasonable searches and seizures, our oughly review Judge Alito’s record on civil would not support his nomination. rights and civil liberties and to try to deter- I don’t take this position lightly. right to due process, our right against mine the extent to which Judge Alito is like- There are nine members of the Su- self-incrimination, our protection ly to preserve the civil rights of Americans if preme Court, seven of them nominated against Government takings, and our he is confirmed to our Nation’s highest by Republican Presidents. I have voted right to public trial and to counsel. court. for eight of those nine, but I will not These are basic American rights that The Supreme Court is, in many cases, the for this one. I feel that the judge’s help to define us as a free people. They last opportunity for many Americans to as- control the intrusiveness of Govern- sert their rights and ensure the protection of record, his missed opportunities during their liberties. Many of the civil rights gains the hearings to answer concerns about ment power. Judge Alito has shown through his that have been made over the past 50 years his record, leaves me to wonder wheth- answers that he does not appreciate are a result of Supreme Court rulings. Thus, er he appreciates the role of the Su- the NAACP feels that it is of the utmost im- the constitutional role of the Supreme preme Court as a protector of Ameri- portance that any nominee to the Court is Court as the protector of America’s cans’ fundamental rights and liberties. clear about his or her intentions to protect fundamental rights. In fact, in our sys- It is a test he failed.
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