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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION Vol. 143 WASHINGTON, TUESDAY, NOVEMBER 4, 1997 No. 152 Senate The Senate met at 10 a.m. and was the consent the Senate will recess from General for Civil Rights. Let me say at called to order by the President pro 12:30 p.m. to 2:30 p.m. for the weekly the outset that, in my 5 years as the tempore [Mr. THURMOND]. policy luncheons to meet. When the senior Republican on the Judiciary Senate reconvenes at 2:30 p.m., the Committee, I have been proud to have PRAYER Senate will proceed to the cloture vote advanced no less than 230 of President The Chaplain, Dr. Lloyd John on the motion to proceed to S. 1269, the Clinton’s nominees to the Federal Ogilvie, offered the following prayer: fast-track legislation. If cloture is in- courts. After a thorough review of Dear Father, we confess our total de- voked, the Senate will begin debate on these nominees’ views and records, I pendence on You, not only for every the motion to proceed to S. 1269. have supported the confirmation of all breath we breathe but also for every in- In addition, the Senate may also con- but two of them. In addition, I have genious thought we think. You are the sider and complete action on the D.C. also worked to ensure that President source of our strength, the author of appropriations bill, the FDA Reform Clinton’s Justice Department nominees our vision, and the instigator of our conference report, the Intelligence au- receive a fair, expeditious, and thor- creativity. thorization conference report, and any ough review. Without question, the We begin this day with praise that additional legislative or executive Senate’s advice and consent responsi- You have chosen us to serve You. All items that can be cleared for action. bility is one that I take very seriously. our talents, education, and experience Therefore, Members can anticipate This nomination is no exception. have been entrusted to us by You. rollcall votes throughout Tuesday’s While I have the highest personal re- Today, the needs before us will bring session of the Senate. gard for Bill Lann Lee, his record and forth the expression of Your creative, As a reminder to all Members, the his responses to questions posed by the divine intelligence from within us. first rollcall vote will occur at 11 a.m. committee suggest a distorted view of Thank You in advance for Your provi- Mr. President, I ask unanimous con- the law that makes it difficult for me sion of exactly what we will need to sent that Senators will have until the in good conscience to support his nomi- serve You. We trust You completely. time of the vote for filing of second-de- nation to be the chief enforcer of the This is Your day; You will show the gree amendments to H.R. 2646, the A- Nation’s civil rights laws. The Assist- way; we will respond to Your guidance plus Education Savings Act. ant Attorney General must be Amer- without delay. Through our Lord and The PRESIDENT pro tempore. With- ica’s civil rights law enforcer, not the Saviour. Amen. out objection, it is so ordered. civil rights ombudsman for the polit- f f ical left. Accordingly, when the Judici- RECOGNITION OF THE ACTING MORNING BUSINESS ary Committee votes on whether to re- MAJORITY LEADER port his nomination to the full Senate, The PRESIDENT pro tempore. Under I will regretfully vote ‘‘no’’. The PRESIDENT pro tempore. The the previous order, there will now be a able acting majority leader, the distin- period for the transaction of morning At the outset, I want to say that no guished Senator from Oklahoma, is business until the hour of 11 a.m., with one in this body respects and appre- recognized. Senators permitted to speak for up to 5 ciates the compelling personal history of Mr. Lee and his family more than I. f minutes, with the following exceptions: Senator HATCH for 20 minutes; Senator Mr. Lee’s parents came to these shores SCHEDULE COVERDELL for 15 minutes; Senator full of hope for the future. They be- Mr. INHOFE. Mr. President, this ROBERTS for 20 minutes; Senator DODD lieved in the promise of America. And morning the Senate will be in a period for 5 minutes. despite meager circumstances and the of morning business until 11 a.m. At 11 The able Senator from Utah is recog- scourge of bigotry, they worked hard, a.m. the Senate will proceed to the clo- nized for 20 minutes. educated their children, and never lost faith in this great country. ture vote on H.R. 2646, the A-plus edu- f cation savings account bill. If cloture Yet, what we must never forget as we is not invoked, the majority leader THE NOMINATION OF BILL LANN take up this debate is that the sum of hopes consent will be granted to set LEE our experiences says less about who we the cloture vote on a motion to proceed I. INTRODUCTION become than does what we take from to S. 1269, the fast-track legislation, at Mr. HATCH. Mr. President, I rise this those experiences. For example, my 2:30 p.m. If that is not possible, the morning to discuss the nomination of good friend Justice Clarence Thomas Senate will recess following the 11 a.m. Mr. Bill Lann Lee of California to be was, like Mr. Lee, born into a cir- vote until 2:30 p.m. Otherwise, under President Clinton’s Assistant Attorney cumstance where opportunities were ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S11617 . VerDate Aug 31 2005 02:32 Jun 07, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\MISCRE~1\1997\S04NO7.REC S04NO7 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S11618 CONGRESSIONAL RECORD — SENATE November 4, 1997 unjustly limited. Nevertheless, Clar- roads. In recent years, the Nation’s me share a few cases to illustrate the ence Thomas worked hard, and has de- courts have underscored the notion point. voted his career to ensuring that the that the constitutional guarantee of III. ADARAND law protects every individual with equal protection applies equally to At his hearing, Mr. Lee was asked equal force. The same can be said of an- every individual American. Consistent about the Supreme Court’s holding in other African-American, Bill Lucas, with that principle, they have placed the case of Adarand Constructors who was nominated by President Bush strict limitations on the Government’s versus Pech, in which the Supreme for the same position as Mr. Lee, but ability to count among its citizens by Court held that State-sanctioned racial whose nomination was rejected by my race. Nevertheless, many among us distinctions are presumptively uncon- colleagues on the other side of the who lay claim to the mantle of civil stitutional. When asked to state the aisle. rights would have us continue on the holding of the case, Mr. Lee said that it Bill Lann Lee is, to his credit, an road of racial spoils—a road on which epitomizes the Supreme Court’s view able civil rights lawyer with a pro- Americans are seen principally through that racial preference programs are foundly admirable passion to improve the looking glass of race. I regret to permissible if ‘‘conducted in a limited the lives of many Americans who have say that Bill Lee’s record suggests that and measured manner.’’ That is, argu- been left behind. His talent and good he too wishes the Nation to travel that ably, a narrowly correct statement. intentions have taken him far. But his unfortunate road. But it purposefully misses the mark of good intentions should not be suffi- The country today, however, de- the Court’s fundamental holding that cient to earn the consent of this body. mands a Civil Rights Division devoted such programs are presumptively un- Those charged with enforcing the Na- to protecting us all equally. It cannot constitutional. Imagine if a nominee tion’s laws must demonstrate a proper do that when it is committed to poli- had come before this body and stated understanding of that law, and a deter- cies that elevate one citizen’s rights for the record that the Court’s first mination to uphold its letter and its above another’s. Let me share one ex- amendment cases stand for the propo- spirit. Unfortunately, much of Mr. ample of what results from the race- sition that the state can interfere with Lee’s work has been devoted to pre- consciousness that some, Bill Lann Lee religious practices if it does so care- serving constitutionally suspect race- among them, would have us embrace. fully. Such a purposefully misleading conscious public policies that ulti- Earlier this year, the Judiciary Com- view would properly be assailed as a mately sort and divide citizens by race. mittee held a hearing to examine the fundamental mischaracterization of To this day, he is an adamant defender problem of discrimination in America. the spirit of the law. So, too, is Mr. of preferential policies that, by defini- One story, that of Charlene Loen was Lee’s view of the Supreme Court’s tion, favor some and disfavor others particularly moving. Ms. Loen is a Chi- statements about racial distinctions based upon race and ethnicity.
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