15564 CONGRESSIONAL RECORD—SENATE July 12, 2005 SENATE—Tuesday, July 12, 2005 The Senate met at 9:45 a.m. and was Homeland Security appropriations bill. started, is being conducted in an un- called to order by the Honorable DAVID Yesterday, all first-degree amendments precedented way. VITTER, a Senator from the State of to the bill were required to be filed at Over the last few months, this Senate Louisiana. the desk. There appear to be about 100 has made considerable progress with that were filed. Although I hope the judicial nominations. We have con- PRAYER Senators will not feel compelled to call firmed six of the President’s appellate The Chaplain, Dr. Barry C. Black, of- up many of these amendments, we have court nominees and four district court fered the following prayer: 100. Hopefully we can narrow those nominees. I am very pleased with this Let us pray. down. The chairman and ranking mem- progress. Indeed, this is real progress, O God, the giver and sustainer of life, ber will do so over the course of the especially when you consider each of we thank You that Your power extends day. the appeals court nominees were beyond humanity’s prowess and We will finish the bill this week. blocked. Those same people were achievements. We thank You for the Therefore, Members should contact the blocked in the last Congress. That is things that humble us before the mys- two managers to schedule consider- real progress, working in a bipartisan tery of life and keep us from the folly ation of their amendments. At the cur- way for the American people. of worshipping the works of our hands. rent time, we have three amendments Now we will be able to continue that Empower our Senators today to do pending, one dealing with veterans progress. To do so, we must place prin- Your will. As they labor for liberty, health funding and two relating to the ciple before partisan politics, and we make them aware of Your willingness homeland grant formula. We hope to must place results before rhetoric. to be their divine ally. As they wrestle shortly work out time agreements on That is the challenge to the Senate. with issues, may they seek Your wis- these and vote with respect to at least Above all, we need to fulfill our con- dom. Whisper Your words when they a couple of these amendments. There- stitutional duty as Senators. need them most. Let Your blessings be fore, there is a chance for a vote prior Since Justice O’Connor announced upon us all as we learn to experience to our policy luncheons today. We will her retirement now 11 days ago, the the joy of friendship with You. We pray alert Members as we come to an agree- Supreme Court nomination has gar- in Your Holy Name. Amen. ment on the starting times. We will nered a lot of attention in Washington, f continue to vote throughout the day on in the press, among our colleagues, and PLEDGE OF ALLEGIANCE amendments. Senators can expect a indeed all across America. As the busy day. President considers her replacement, The Honorable DAVID VITTER led the Yesterday, we came in for a 3-week many Senators have been talking Pledge of Allegiance, as follows: block. It will be a very busy 3 weeks about the issue of consultation. This I pledge allegiance to the Flag of the before our August recess. We need to raises some important questions: Is the United States of America, and to the Repub- continue to address the appropriations President obligated to consult with lic for which it stands, one nation under God, Senators about a particular nominee? indivisible, with liberty and justice for all. measures. Prior to the July Fourth re- cess, we finished some appropriations And if so, to what extent? f in a very positive way. We continue Under the Constitution, the Presi- APPOINTMENT OF ACTING with Homeland Security, and we have a dent is not obligated to consult with PRESIDENT PRO TEMPORE number of other legislative priorities. Senators before making a nomination. The PRESIDING OFFICER. The We need to make the most of this legis- In fact, he is not obligated to consult clerk will please read a communication lative period as we work together to with anyone. Indeed, the consultation to the Senate from the President pro complete all of the work that is ahead is a courtesy, it is not a constitutional tempore (Mr. STEVENS). of us. mandate. The Constitution plainly The legislative clerk read the fol- We are likely to have a nominee for states in article II that the President lowing letter: the Supreme Court sometime in the shall nominate and the Senate shall U.S. SENATE, near future, and much of September, I provide advice and consent. That is it. PRESIDENT PRO TEMPORE, suspect, will be focused on that, which Yet this White House has welcomed Washington, DC, July 12, 2005. again establishes a sense of urgency for suggestions from Senators. To the Senate: addressing the very important issues of On the very same day we departed for Under the provisions of rule I, paragraph 3, the business that is before the Senate our recess, on the same day Justice of the Standing Rules of the Senate, I hereby over the next 3 weeks. I will be talking O’Connor announced her retirement, appoint the Honorable DAVID VITTER, a Sen- to the Democrat leader over the course the President personally engaged in ator from the State of Louisiana, to perform the consultation process. He called the duties of the Chair. of the day in terms of working through EID TED STEVENS, the specifics of that schedule. Senator R and myself, the two lead- President pro tempore. f ers of the Senate. He called the chair- man and ranking member of the Judi- Mr. VITTER thereupon assumed the SUPREME COURT CONFIRMATION Chair as Acting President pro tempore. ciary Committee, Senators SPECTER PROCESS and LEAHY. Since then, the President f Mr. FRIST. Mr. President, I will take and the White House have continued to RECOGNITION OF THE MAJORITY a moment now to speak briefly about consult in an unprecedented manner LEADER the confirmation process, the upcom- and a very inclusive manner. For ex- The ACTING PRESIDENT pro tem- ing confirmation process of the new ample, while in Europe at the G–8 sum- pore. The majority leader is recog- Supreme Court Justice. This morning, mit with the President, White House nized. the Democrat leader and I and the Chief of Staff Andy Card made time to f chairman and ranking member of the call a number of Senators, including Judiciary Committee had a discussion Senators DURBIN, SCHUMER, KENNEDY, SCHEDULE with the President of the United States and Senator BEN NELSON. In the last Mr. FRIST. Mr. President, in a mo- which continues the consulting process few weeks, White House counsel Har- ment we will begin consideration of the which I would say, at least as we get riet Miers met one-on-one with the ● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. VerDate Sep 11 2014 10:41 Feb 08, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK11\NO_SSN\BR12JY05.DAT BR12JY05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE July 12, 2005 CONGRESSIONAL RECORD—SENATE 15565 Democrat leader, with myself, with SUPREME COURT NOMINATIONS And I think I speak for just about Senator LEAHY, and with Senator Mr. SCHUMER. Mr. President, I was every member of this caucus on this SPECTER. She has called a number of listening to our majority leader’s side of the aisle. We do not want a other Senators to discuss the Supreme words on consultation and the process fight. We certainly do not relish a Court vacancy specifically. thus far. I will make a couple of points. fight. We would much prefer a con- All together, the White House has The first is that we are off to a good sensus nominee. Furthermore, we know reached out to more than 60 Senators, start. I certainly agree with the major- that nominee is not going to be a lib- including more than half of the Demo- ity leader. The phone calls that have eral or even a moderate. It is likely to cratic caucus and every single member been made and this morning’s meeting be a conservative. But our view is— of the Judiciary Committee. This con- with Senators FRIST, REID, SPECTER, again, this time I am speaking for my- sultation process is well underway and, and LEAHY are a good first start. That self, but I think a lot of my colleagues as I mentioned earlier, continued again is how it should be. But simply phone share this view—our view is very sim- bright and early this morning when the calls or meetings, if they are devoid of ple: that nominee, though conserv- President invited the four of us to substance, are not going to lead to real ative, will interpret law, not make it; breakfast, the two leaders and the two consultation. will be thoughtful, will be pragmatic, leaders of the Judiciary Committee, I certainly agree with the majority will understand the other point of the chairman and ranking member. leader’s point. The Senate is not a co- view. If that happens, I think we can That meeting was productive. We free- nominee. It is the President who has to have a process that works well.