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S11754 CONGRESSIONAL RECORD — SENATE November 5, 1997 Motion to Proceed Prevailed by the Track

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S11754 CONGRESSIONAL RECORD — SENATE November 5, 1997 Motion to Proceed Prevailed by the Track S11754 CONGRESSIONAL RECORD Ð SENATE November 5, 1997 motion to proceed prevailed by the track. I know that we wish to pass fast After Mr. Lee was nominated, I met most recent vote, and the result is now track. We also wish to pass Amtrak re- with him and made clear that I had an the regular order of the Senate would form and we also wish to pass all the open mind regarding his nomination. I be the fast-track legislation. The Sen- appropriations bills, and we only have told him that his positions on the is- ator asked unanimous consent to go to a couple of days. So we are going to try sues would be critical, and that the morning business. I didn't object to to accommodate everybody's requests. committee was eager to hear his an- that. We also have a unanimous con- But the highest priority I believe will swers to questions. sent for tomorrow's proceedings deal- be to pass the appropriations con- Before the hearing, some expressed ing with DOD authorization. At that ference reports as soon as possible. I alarm at many of the cases and posi- point, does the Senator expect to go believe the D.C. bill will be the first tions that Mr. Lee had taken during back to the legislation pending, or can one up. That is not a conference report. his leadership in activist civil rights the Senator inform us whether he will It is a bill. But I think we have an organizations. They were concerned be propounding additional unanimous- agreement on D.C., so we will get that about whether he would use his job and consent requests with respect to Sen- one accomplished. Hopefully then we army of attorneys in the Justice De- ate business? will have three other conference re- partment to advance the same agenda Mr. NICKLES. To respond to my ports we will be able to do in the next he had pursued for the Legal Defense friend and colleague, I think the next day or two, and we will have, I am sure, Fund. I understood this. But, at the order, after we pass the DOD authoriza- some additional time for my colleague same time, I have known since my days tion bill, would be to take up the Dis- to spend on fast track as well. as a small town lawyer that a good at- trict of Columbia appropriations con- Mr. KERRY addressed the Chair. torney is a strong advocate for his cli- ference report, or appropriations bill. The PRESIDING OFFICER (Mr. ent, regardless of whether he agrees In addition to that, we may well be FAIRCLOTH). The Chair recognizes the with everything the client wants. taking up Amtrak reform legislation, distinguished Senator from Massachu- Mr. Lee had an obligation to con- which has also been working its way setts. vince us at the hearing that he could Mr. KERRY. Mr. President, if I might through, not exactly on a fast track, transfer from the role of creative advo- share with my friend from North Da- but it has been working its way cate for activist civil rights organiza- kota information with respect to at through, and hopefully we can get it tions to neutral and objective enforcer least Amtrak. We have an agreement done as well. of the Nation's civil rights laws. This now reached with respect to Amtrak. Mr. DORGAN. When does the Senator he failed to do. He would not give any The language is now in print, and I be- expect us to get back to the fast-track cases or positions that he had brought lieve it is being hotlined on both sides. on behalf of the Legal Defense Fund legislation? So with respect to the Amtrak effort Mr. NICKLES. That remains to be that he would not bring as head of the in terms of any interruption, we would seen. That is really Senator LOTT's Civil Rights Division. He would not anticipate that going through here in a call. It may well be Thursday. It may cite any difference between himself and minimal amount of time. I am not sure the last civil rights chief, Deval Pat- well be Friday. It may well be after the how much the chairman of the commit- House would take it up. rick, who was an unwavering pro- tee, Senator MCCAIN, wants, but I Mr. DORGAN. Further inquiry. I will ponent of the civil rights agenda of the would not imagine it will take more left. Unfortunately, it became clear appreciate the Senator's response. than half an hour or so. And so I do not As I understand it, conference re- during the hearing that Mr. Lee's advo- think that will interrupt the course of ports are privileged matters. cacy is guided by a dedicated personal business with respect to fast track in Mr. NICKLES. That is correct. commitment to the positions he has any significant way. Mr. DORGAN. They can be brought Mr. DORGAN. If the Senator will advanced over the years. Mr. Lee started by proclaiming that to the floor of the Senate at any time. yield, an agreement on Amtrak would proposition 209 is unconstitutional. In Amtrak and other intervening legisla- be welcome news I think to all Mem- proposition 209, the people of California tion will require unanimous consent, is bers of the Senate, and it would not be voted to end all government pref- that correct? my intention to try to obstruct that. I Mr. NICKLES. I would have to ask am simply trying to determine when erences and set-asides on the basis of the Presiding Officer on Amtrak. My we might get back to fast track so that race, sex, or national origin. Then, colleague is correct on the conference we might entertain amendments. with the active support of Mr. Lee and reports on appropriations bills. Yes, his organization, a Federal judge f they could. blocked the will of the people, saying We have four appropriations bills NOMINATION OF BILL LANN LEE the referendum was unconstitutional. that we are trying to get through. It TO BE ASSISTANT ATTORNEY The claim was that proposition 209 vio- happens to be that we are at a deadline GENERAL FOR CIVIL RIGHTS lated the 14th amendment, when in re- by November 7, so our highest priority Mr. THURMOND. Mr. President, I ality it mirrored the 14th amendment. is try to complete the various author- rise today to express my opposition to Far from violating the Constitution, ization bills. the nomination of Bill Lann Lee to be proposition 209 essentially states what Mr. DORGAN. If I might just inquire Assistant Attorney General for Civil the Constitution requires. The Ninth further, the reason I ask the question Rights. I have reached this conclusion Circuit recognized this simple fact on is that because we are on the legisla- only after much thought and careful appeal. Regardless, Mr. Lee is steadfast tion dealing with fast track, there are consideration. But I am certain that in his view that it was unconstitu- a number of Senators who will be want- this is the right course. I commend tional for the people of California to ing to offer amendments. It will not be Senator HATCH for his leadership and bring preferences to an end. a pleasant experience to learn that we the excellent statement he delivered on Another disturbing but related issue move to other things and then come the floor yesterday in this regard. involves judicial taxation. I firmly be- back to fast track with some under- When the possibility that Mr. Lee lieve that Federal judges do not have standing there is no time for amend- would be nominated for this position the Constitutional power to raises ments. I am just inquiring to try to de- was first brought to my attention, I taxes or order legislative authorities to termine what the expectation of the was impressed by what I heard. Mr. Lee raise taxes. It is a simple issue of sepa- leadership is with respect to the fast- was born to a hard-working, deter- ration of powers. Taxes are a matter track legislation. mined family of Chinese immigrants. for the legislative branch, the branch Mr. KERRY. Mr. President, would His success at Yale and Columbia Uni- that is responsive to the people. The the acting leader yield for a minute? versity Law School reflects that he in- organization for which Mr. Lee works Mr. NICKLES. First, let me respond herited a commitment to succeed. I was instrumental in the decision of a to my colleague, Senator DORGAN. I was also assured then, and continue to Federal judge in Missouri to order that hear what the Senator is saying. I believe, that he is a man of character, taxes be raised. Mr. Lee would not dis- know that the Senator has some honesty, and intellect. I relayed that avow this approach. Although he stat- amendments he wishes to offer on fast impression to the White House. ed that if confirmed he would not ask November 5, 1997 CONGRESSIONAL RECORD Ð SENATE S11755 a Federal judge to order a legislative on an inspiring story, but rather, on a And, unfortunately, it doesn't end authority to raise taxes in the school nominee's commitment to the bedrock there. When the Government denied desegregation context, he refused to principle that every American should the job to Mr. Cornelius, it also denied rule out such a request in other civil be seen as equal in the eyes of the law.
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