July 30, 2003 CONGRESSIONAL RECORD—SENATE 20139 speaking on behalf of or against judges the investigation which needs to be thinking. I am confident that when the is very important. I say that not only done on this nominee, the Senate Members of the Senate and the public to the Senators but to our majority would be much better informed, the fully understand and consider his prej- leader. It is also very important that American people would be much better udices and attitudes, a majority of the we pass an Energy bill. We have been informed, and the judiciary would be Senate, with the strong support of the waiting for weeks and weeks. This much better served. That is not the de- public, will agree that he does not committee was asked to put a bill to- cision of the leadership and, therefore, merit confirmation to a lifetime seat gether. The Senator from New Mexico we believed that as the day wore on, on an appellate court that often has wants to get the Energy bill finished. after 5, we would at least have an op- the last word on vital issues, not only Clearly, I find nothing in the rules that portunity, since this is an enormously for the 41⁄2 million people of Alabama says the Senator from Massachusetts is serious nominee for a very serious posi- but also for the 8 million people of not entitled to make his speech of 30 tion and there are very serious charges, Georgia and the 15 million people of minutes or up to an hour. I do believe to address the Senate. Florida. In fact, this nomination does it is important, nonetheless, that Mr. SARBANES. Will the Senator not belong on the Senate floor at this somewhere along the line there be yield for a further question? time. some accommodation and that we pro- Mr. KENNEDY. Yes. The Pryor nomination was reported ceed to get the Energy bill finished. I Mr. SARBANES. It is my under- out of the committee as a result of a understand there are four or five standing that twice this week, if I am gross violation of the same committee amendments. I wish I could see them not mistaken, we have had to go off of rule of procedure which caused the sooner or later so I will know what the Energy bill, which we are being Cook and Roberts nominations to be they are about but nobody owes me told we must move forward, in order to held up in the Senate floor earlier this that, either. We will take it as it address other judgeship nominees who year. The Judiciary Committee has a comes. had previously been voted on a number rule which clearly prevents the termi- I will ask the distinguished majority of times. So we have been diverted off nation of debate on a nominee unless a leader to be accommodating so we can the track of the Energy bill by these majority of the committee, including get this bill finished, but I am doing judicial nominees, not of our doing but at least one member of the minority, is that with great trepidation, not as to because of the scheduling which the ready to vote on the nominee. Senator KENNEDY but as to whether other side has undertaken. there is a willingness to pursue this I know our assistant leader has been This rule, Rule 4, was adopted at the bill with vigor if that accommodation concerned about that as well, if I am insistence of Senator HATCH, Senator is made. I am not sure about that based not mistaken, in that regard. Is that Thurmond, and other Republicans in on some things that have been hap- not correct? 1979, when I was chairman of the Judi- pening but I hope it is. It is with that Mr. KENNEDY. The Senator is cor- ciary Committee, as a reasonable pro- in mind that I will talk to the leader, rect. As the Senator remembers, I tection for the minority. After the rule hoping it does mean that if accommo- think those votes were in the late was ignored in the Cook and Roberts dation is made, we will proceed with morning and even interrupted com- case, we thought we had resolved this dispatch on the Energy bill. mittee work at that time, which many matter amicably and equitably. Both I thank the Senator for yielding to of us were involved in, let alone the nominees were later confirmed based me. consideration of the Energy bill. on a clear understanding that Demo- The PRESIDING OFFICER. The Sen- Mr. SARBANES. I thank the Sen- crats would not in the future be de- ator from Massachusetts. ator. prived of their Rule 4 rights. Mr. SARBANES. Will the Senator Mr. KENNEDY. I thank the Senator After all, these rules were put in yield for a question? from Maryland. place at the start of this Congress, Mr. KENNEDY. I will be glad to yield The PRESIDING OFFICER. The Sen- with the support of the Republican for a question. ator from Massachusetts. chairman of the committee, and now Mr. SARBANES. I have been listen- f we have seen a blatant and flagrant ing to this discussion. Am I correct in NOMINATIONS disregard, which is not just an issue of saying that the Senator would not be procedure but affects the substance of seeking to speak now if the other side Mr. KENNEDY. Mr. President, con- this issue in a very important way. had not indicated that they were in- trary to the widespread impression of a Just as important is the reason why tending to try to bring the nomination partisan breakdown in the judicial Democrats were unwilling to vote on of Mr. Pryor to the Senate tomorrow? nomination process, Democrats in this this nomination in the committee. The Is that right? closely divided Senate have, in fact, Mr. KENNEDY. The Senator is ex- tried our best to cooperate with the reporting of this nomination was to- actly correct. President on judicial nominations. We tally premature because the committee Mr. SARBANES. The Senator is not have largely succeeded, even though was forced to move to a vote in the inserting himself into the debate on there are a handful of nominees who we midst of a serious investigation of sub- the Energy bill seeking to slow the En- believe are too extreme. stantive questions of candor and ethics ergy bill down; he is prompted to do Since President Bush’s inauguration, raised at the hearing by the nominee’s this by the fact that the other side is the Senate has confirmed 140 of his own testimony, by his answers and scheduling this nominee for a vote, I nominees and so far blocked only 2. We non-answers to the committee’s fol- understand, with no debate whatso- have said ‘‘no’’ in those cases partly lowup questions. ever. Is that correct? because these few nominees were too On Friday, Chairman HATCH pre- Mr. KENNEDY. Well, that is correct. extreme for lifetime judicial appoint- sented a version of the history of this It is not the members of the Judiciary ments and partly because the White nomination and this investigation Committee who are holding up the con- House and the Senate majority have which does not comport with the facts. sideration of the Energy bill. It is the tried to jam the nominations through I want to go through that history so decision to put before the Senate, the Senate without respect for the Sen- the Senate can fully understand that under the legitimate procedures of the ate’s advice and consent role under the Democrats have proceeded expedi- Senate, a cloture petition to have a Constitution and without respect for tiously and responsibly and that the vote on this nominee, effectively shut- the Senate rules and traditions. rush to judgment in the committee last ting off all the debate. The nomination of Mr. Pryor illus- week was an effort to cut off an impor- Quite clearly, my own belief is if we trates all of these issues. Even his ad- tant investigation. The full Senate de- had the time, and also had the time vocates concede that his attitudes and serves to know its result before it con- during the August recess, to complete beliefs are the very extreme of legal siders this nomination.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20140 CONGRESSIONAL RECORD—SENATE July 30, 2003 The basic facts on this issue are The association’s own materials show the future, to get to the bottom of this, straightforward. Democrats did not in- that its contributions were being given in fairness to the nominee and so that vent the issue. Years before this nomi- to the association and that the writing the Senate will be able to make its nation, lengthy articles in Texas and of checks to an aggregated account of judgment. DC newspapers raised the question of the Republican National Committee Senator HATCH’s floor statement the propriety of the activities of the was merely a way to use a reporting made much of the number of times the Republican Attorneys General Associa- loophole to mask the association’s con- Pryor nomination appeared on the tion. tributions and the amounts of their committee’s agenda. In fact, the Pryor It was reported that the organization gifts. nomination was on the agenda for June sought campaign contributions to sup- Even more startling, Mr. Pryor’s as- 19 but the listing was obviously pre- port the election of Republican attor- sertion that every penny of the con- mature since the answers to our ques- neys general because they would be tributions was disclosed by the Repub- tions had not even arrived. The an- less aggressive than Democratic attor- lican National Committee was a clear swers were received on June 25. Again, neys general in challenging business misrepresentation. The fact is, the as- Pryor was placed on the agenda for the interests for violations of the law. sociation and its members have explic- next day, but before any of us had a Some descriptions of this effort charac- itly refused to disclose the contribu- chance to examine his intricate web of terize it as a shakedown scheme. The tions. Republican National Committee answers, partial answers and non-an- leaders of the association denied the reports did not mention any associa- swers. The nomination was obviously allegation but refused to disclose its tion funds, let alone every penny. Mr. not even close to ready for consider- contributors. They were able to main- Pryor’s statement raised a giant red ation. Even our first look at the an- tain secrecy by funneling the contribu- flag. swers made clear there would have to tions through an account at the Repub- Senator FEINGOLD immediately told be further investigation, more followup lican National Committee that aggre- the nominee there would be followup questions. Even Senator HATCH real- gated various kinds of State campaign on this issue in written questions. On ized proceeding the next day would be contributions, thus avoiding separate June 17, Senator FEINGOLD and I both inappropriate. public reporting of the contributions or asked the followup questions. We gave By this time, Pryor’s statements had been widely reported and had come to the amount of these gifts. The issue re- him an opportunity to review the pre- the attention of many people who knew ceived significant press coverage dur- vious answers and make them more re- the facts and some who might cast ing the 2002 U.S. Senate campaign in sponsive. He refused. He said: ‘‘I stand light on the facts that Mr. Pryor could Texas especially since several Repub- by them.’’ We asked about other de- not recall. On July 2, during the lican attorneys general have denounced tails of the association’s operation and Fourth of July recess, just before the the association as fraught with ethical his specific role in it. Once again, his long holiday weekend, extensive new problems. answers were unresponsive and silent material from one such source arrived Since Mr. Pryor had been identified on key facts. at the minority office in the com- publicly as a leader of the association’s This careful lawyer could remember mittee. After a brief initial review to efforts and the ethical issues raised by the most esoteric details of complex assess the authenticity and relevance, it, these issues are obviously relevant legal cases going back many years but the material was turned over to the to his qualifications. Senator FEINGOLD could not remember a single company majority staff when the Senate re- asked the nominee about it at the June or person he himself had solicited for turned from the recess. At the same 11 hearing. Until this point in the hear- the association. He could not recall time, the chairman’s staff was fully ing, Mr. Pryor was, in Senator HATCH’s whether any of the leading tobacco or briefed about the process by which the own words, ‘‘no shrinking violet.’’ He other companies identified by the materials had reached the committee. had been open and honest about his President were contributors. He could Then, contrary to the chairman’s personal beliefs and ideological views. not remember the name of a single as- floor assertion, a bipartisan group of He did not retreat a single step or sociation member or contributor or investigators questioned the source of hedge his opinions. Nor were there any whether he had ever personally re- material in detail. No question was ‘‘confirmation conversions’’ taking ceived any of the campaign funds. raised about the authenticity of the new views, contradicting old ones. Mr. Typical was this question and an- materials. On the contrary, when the Pryor was a model of outspokenness, swer: I asked, ‘‘To the extent that the joint staff shortly thereafter inter- with clear recollections of the details RAGA designated system funds were viewed the author of the document, she of briefs, legal opinions, speeches, and transmitted to or through another en- confirmed the source had full access to other complex legal issues. tity, did that entity disclose publicly them. Only on the issue of the Republican the funds raised by or for RAGA?’’ The material was then distributed by Attorneys General Association were His answer was a non-answer: ‘‘To each side to each member. After re- his statements cramped and fudged, his my knowledge, RAGA complied with viewing the documents, the minority recollections virtually nil. His answers all the applicable campaign laws and requested that a bipartisan investiga- were unresponsive and incomplete. its operations. tion be conducted. That investigation They raise serious questions about his He later said, ‘‘I never solicited for was to begin July 15, with calls to the candor and truthfulness. He was asked RAGA a contribution from any person association’s former finance director a broad question reciting the allega- who has been the subject of an inves- and executive director. Until then, not tions against the association. He was tigation or legal action of my office.’’ a single document had been dissemi- asked whether, if the allegations of so- He refused to say whether someone else nated outside the committee. liciting contributions from potential on behalf of the association had made However, on that day, the majority target corporations are true, his own such solicitations. He refused to say gave the documents to the nominee role in the association would present at whether contributions came from com- and to the Justice Department. Some- least an appearance of conflict of inter- panies his office might have inves- one on the Republican side gave them est. His answer was what would have tigated, but did not. to a strongly pro Pryor columnist on been called a ‘‘nondenial denial’’ in the These issues that were raised about the Mobile Register newspaper. The Watergate days. He said the contribu- the telephone companies, about the columnist called the former finance di- tions were made to the Republican Na- calls, about the meetings, about the rector, a close Pryor ally and former tional Committee, not to the associa- breakfast meetings, who was there, campaign director. That call was made tion. He said that ‘‘every one of these have all been left open. There is strong before the investigators could reach contributions, every penny, was dis- evidence that is in conflict with what her, warning her that she could expect closed [by the Republican National the nominee has presented. This is part a call from the committee staff. Al- Committee] every month.’’ of the committee’s work in terms of though the call to her did produce

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20141 some useful information, it also port did not mean he would necessarily most part, adhered to his past, ex- marked the beginning of a consistent vote for the nominee on the floor. He treme, views. He did not renounce his effort by the majority investigators to also noted that he would want to re- view that the Supreme Court’s deci- interfere with the investigation. view the results of the investigation sions in Miranda v. Arizona and Roe v. After the interviewee stated that she with the nominee before any floor vote. Wade were the worst examples of judi- might well have the files of the asso- Despite the lack of co-operation from cial activism or that the Roe decision ciation, the Democratic investigator the majority staff, the investigation was an abomination. What are we ex- requested she provide them to the com- has continued. It has developed new in- pected to believe? That despite the in- mittee. The Republican investigator formation which expands both the tensity with which he holds these told her not to comply with the request scope and the gravity of the original views and the years he has devoted to and not even to comply with the re- concerns. It tends to show not only dismantling these legal rights, he will quest to at least begin searching for as- that the nominee was not candid with still ‘‘follow the law’’ if he is confirmed sociation materials in her possession. the committee, but that his statements to the Eleventh Circuit? Repeating The Mobile Register columnist dis- may have been intended to obscure that mantra again and again in the closed and discussed the documents on facts that would raise extremely seri- face of his extreme record does not July 16, and others in the press wrote ous ethical or legal questions about the make it credible that he will do so. about them on the 17th. The committee nominee’s activities. We know the cases that Mr. Pryor I raise these points because the had a brief discussion of the documents has won at the Supreme Court to nar- chairman has suggested that these on the 17th with the expectation that row Federal rights, and the effect of issues are not serious. They are very, the just started investigation would these cases on the lives of disabled very serious. I do not know how it will continue on a bipartisan basis in ac- workers—of breast cancer victims like ultimately come out after the inves- cordance with an investigative plan Patricia Garrett—and of the many tigation is complete, but as I said in provided to the majority. older workers who face discrimination However, at that point, the Repub- committee, the nomination comes to the floor with a ticking ethical time by State agencies. lican investigative staff began inform- Mr. Pryor’s agenda is more far-reach- ing the interviewees that the calls to bomb which might explode at any mo- ment. ing. He has consistently advocated them were not part of an official com- views to narrow individual rights far mittee investigation, implying that There is no doubt that this nomina- tion is not ripe for a vote of the full beyond what any court in this land has they did not have to cooperate. been willing to hold. Between July 17 and July 23, many Senate. The committee majority was calls were made in accordance with the not willing to finish its job before re- Just this term, his radical views were plan. Many of these calls did not reach porting the nomination to the Senate. rejected by the Supreme Court. In its the parties called. But that is no reason for the Senate to recent term, the Supreme Court re- By the time of the committee’s meet- allow the nomination to be voted on, jected his argument that States could ing scheduled for July 23rd, the inves- before these matters are thoroughly re- not be sued for money damages for vio- tigators had just begun accumulating viewed, and the nominee has re- lating the Family and Medical Leave significant information in accordance sponded. Act. The Court rejected his argument On the issue of the merits, Mr. Pryor with the investigation plan. The day that States should be able to crim- is simply too ideological to serve as a before the meeting, all nine Demo- inalize private sexual conduct between Federal court judge. The concern is not crats, having considered the informa- consenting adults. The Court also re- simply that Mr. Pryor is a conserv- tion available up to that point, wrote jected his far-reaching argument that ative. The question is not whether all to the chairman and informed him that counties should have the same immu- of us agree with his views. Mr. Pryor’s nity from lawsuits that States have. the investigation was producing seri- litigation positions, public statements ous and disturbing information, that it What is more disturbing, Mr. Pryor and his writings leave little doubt that has plans for narrowing Federal power would require substantial additional he is committed to using the law not time, that his investigators were inter- far beyond the Supreme Court’s cur- simply to advance a ‘‘conservative’’ rent case law. The Supreme Court has fering with it, and that after it was agenda, but a narrow and extreme, ide- complete, we would want to question held that Congress has broad power ological agenda. under the spending clause, but Mr. the nominee under oath. Mr. Pryor’s record is clear. He is an Pryor’s agenda would restrict The Republican staff had offered aggressive supporter of rolling back Congress’s power under that clause. He interviews with the nominee before the power of Congress to remedy viola- has praised a district court’s decision that time, but the Democratic inves- tions of civil rights; he is a vigorous to limit the ability of individuals to tigators had declined to participate opponent of the constitutional right to enforce spending clause statutes. That until the basic investigative work had privacy and a woman’s right to choose; decision would have reversed more been done, and in any event, the Demo- he is an aggressive advocate of the than 60 years of Supreme Court prece- cratic members wanted to question the death penalty, even for individuals who nominee in person under oath at the are mentally retarded. He is contemp- dents, and it was rejected unanimously appropriate time. tuously dismissive of claims of racial by the Sixth Circuit. Seventy-five con- At the meeting on July 23, the chair- bias in the application of the death stitutional law scholars had joined a man rejected the minority’s request penalty. He is an ardent opponent of brief opposing the decision. Yet, Mr. out of hand. He insisted on a vote on gay rights. Pryor said that the District Court deci- the nomination without completion of More than just disagreeing with sion was ‘‘sublime’’ and ‘‘brilliant.’’ the investigation and without further much of the Supreme Court’s jurispru- He has even argued in a race dis- questioning of the nominee under oath. dence over the last 50 years on issues crimination case that Alabama should That was the situation when Senator such as privacy, the death penalty, not be subject to a lawsuit under title LEAHY invoked the committee’s Rule 4 criminal justice, and the separation of VII of the Civil Rights Act of 1964. That to prevent a premature vote on the church and state, Mr. Pryor has dedi- argument was unanimously rejected by nomination. The chairman refused to cated his advocacy and litigation to the Eleventh Circuit, because it would follow Rule 4 and insisted on an imme- rolling back widely accepted legal prin- have reversed decades of settled Su- diate vote. ciples and laws. What we know about preme Court law. It shows how far he The nine Democrats on the com- Mr. Pryor leaves little doubt that he would go—trying even to limit Federal mittee voted against reporting the will try to advance that agenda if he’s power to address race discrimination nomination, and the 10 Republicans confirmed as a Federal judge. under the 14th amendment, even voted to report it, with one member of At his hearing and in answers to though combating race discrimination the majority noting that his vote to re- written questions, Mr. Pryor, for the is the amendment’s very purpose.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20142 CONGRESSIONAL RECORD—SENATE July 30, 2003 These examples rebut the notion, re- of violence who sue gun dealers or recent times when they made a deci- peatedly urged by Mr. Pryor’s sup- manufacturers failing to follow the sion on the outcome of an election. porters, that Mr. Pryor is simply ‘‘fol- Federal law are ‘‘leftist bounty hunt- Many had concerns about it. It was lowing the law’’ or that his views are ers.’’ supported by the American people be- within the mainstream. Again and He filed an amicus brief for the State cause of the great respect that we have again his statements and litigation po- of Alabama opposing a law limiting for the Supreme Court. And he is talk- sitions make clear that his agenda to possession of firearms. ing about ‘‘nine octogenarian lawyers ‘‘make the law’’, and again and again In this case, a Federal district court who happen to sit on the Supreme his radical views to change decades of judge dismissed an indictment against Court.’’ Supreme Court jurisprudence are re- a man in Texas who had possessed a Mr. Pryor’s many inflammatory jected by the Federal courts. firearm while under a restraining order statements suggest that he lacks the Mr. Pryor even seems to resist the for domestic violence, in violation of temperament to serve as a judge. He is application of Supreme Court decisions Federal law. The judge ruled that the dismissive of concerns about fairness with which he disagrees. In 2002, Mr. law violated the second amendment. and racial bias in capital punishment. Pryor authored a friend-of-the-court Alabama was the only State to file an He has stated: ‘‘make no mistake about brief to the Supreme Court arguing amicus brief in the Fifth Circuit. The it, the death penalty moratorium that it did not violate the eighth brief broadly argued that the Federal movement is headed by an activist mi- amendment to execute people who are Government’s interpretation of the nority with little concern for what is mentally retarded. The Court rejected statute was so broad that it con- really going on in our criminal justice his argument by a 6 to 3 vote in Atkins stituted a ‘‘sweeping and arbitrary in- system.’’ v. Virginia. Yet this past May, Mr. fringement on the second amendment Many of his statements reflect an Pryor attempted to prevent a prisoner right to keep and bear arms.’’ alarmingly politicized view of the judi- with an IQ of 65—and whom even the Mr. Pryor’s argument went far be- ciary—hardly appropriate for someone prosecution had noted was mentally re- yond what the Fifth Circuit or any who wants to serve as a Federal judge. tarded—from raising a claim under At- other court has held. The concern is In a speech to the Federalist Society, kins. The Eleventh Circuit unani- that here again Mr. Pryor was using he praised the election of George Bush mously rejected Mr. Pryor’s argu- the attorney general’s office in Ala- as the ‘‘last best hope for federalism’’ ments, and stayed the execution of the bama to advance his own personal ideo- and ended his speech with these words Alabama prisoner. logical agenda in a Texas case, and a ‘‘prayer for the next administration: Do you call that mainstream? Judi- that he will continue this mission if his Please God, no more Souters.’’ cial mainstream? nomination is confirmed. That is obviously a derogatory re- Mr. Pryor does not simply advocate What he was trying to intervene on mark about a very distinguished jurist, these views in public life. He has used was the fact that you have a law that Justice Souter. his position as Attorney General to ad- restricts the ability for someone to He was thankful for the Bush v. Gore vance his own ideolgical agenda. His bear an arm who is under a restraining decision because, as he said, ‘‘I wanted State was one of only three States to order for domestic violence. Do we un- Governor Bush to have a full apprecia- submit an amicus brief in support of derstand this? State law has said peo- tion of the judiciary and judicial selec- Texas in the Lawrence case on gay ple who are under restraining orders tion so we can have no more appoint- rights. His restrictive view of the con- for domestic violence should not bear ments like Justice Souter.’’ stitutional right of privacy and his ar- arms. Attorney General Pryor is say- I hope that his nomination will be re- gument that States should be allowed ing, ‘‘Wait a minute. That violates the jected. to criminalize homosexual activity second amendment.’’ And we are say- Madam President, I suggest the ab- were rejected by the Supreme Court in ing that this is in the mainstream of sence of a quorum. its decision last month. judicial thinking? A State law says The PRESIDING OFFICER. The He was the only State attorney gen- that when you have domestic violence clerk will call the roll. eral—with 37 on the other side—to sub- and an individual is under a restraining The bill clerk proceeded to call the mit an amicus brief opposing the rem- order, that individual can’t bear arms. roll. edy in the Violence Against Women He is trying to override it and you say Mr. KENNEDY. Madam President, I Act. He was the only attorney general that is in the mainstream? ask unanimous consent that the order to argue to the Supreme Court that Mr. Pryor has ridiculed the Supreme for the quorum call be rescinded. Congress has no power to make provi- Court of the United States for granting The PRESIDING OFFICER. Without sions of the Clean Water Act enforce- a temporary stay of execution in a cap- objection, it is so ordered. able against the States. ital punishment case. Alabama is one The PRESIDING OFFICER. The Sen- Do we understand now? He was the of only two States in the Nation that ator from New Mexico. only State attorney general, with 37 on uses the electric chair as its sole meth- Mr. DOMENICI. Madam President, is the other side, to submit an amicus od of execution. The Court granted re- the Senator from New Mexico recog- brief opposing the remedy in the Vio- view to determine whether the use of nized? lence Against Women Act; the only at- the electric chair was cruel and un- The PRESIDING OFFICER. Yes, the torney general to argue to the Supreme usual punishment. For Mr. Pryor, how- Senator is recognized. Court that Congress has no power to ever, the Court should not have even Mr. DOMENICI. Madam President, I make provisions of the Clean Water paused to consider this eighth amend- conferred with the majority leader, and Act enforceable against the States. He ment question. he is thinking about the situation we had ridiculed the Supreme Court of the Listen to this. He stated that the are in. I would like to chat for a little United States for granting a temporary issue ‘‘should not be decided by nine bit as one who greatly appreciates the stay of execution of a prisoner in a cap- octogenarian lawyers who happen to Senate, the committees, and the jobs ital case who even the prosecution had sit on the Supreme Court.’’ we all have and the job I have. noted was mentally retarded. The Elev- He stated that the issue ‘‘should not While the majority leader is thinking enth Circuit unanimously rejected his be decided by nine octogenarian law- about matters and deciding what to do, arguments and stayed the execution of yers who happen to sit on the Supreme I want to talk a little bit about the sit- the Alabama prisoner, and the pro- Court’’ of the United States. uation. ponents of this nominee say he is in Talk about respect for the law and First of all, let me say there is no the mainstream? The mainstream of respect for the Supreme Court. All of question that the United States of thinking? us know that the courts may support America needs an Energy bill and Mr. Pryor has vigorously opposed our views at times. We may differ with needs an Energy bill sooner rather gun control laws. He says the victims the other courts. We just saw this in than later. We have already passed the

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20143 time to have an Energy bill. As far as That is not the business of the Senator that so long as the other side wants to I am concerned, whatever this inter- from New Mexico but I believe they talk about a judge. I can’t do both. The ference of a judge and a judge’s vote could reach an agreement. public ought to know that. It just can’t and Senators on the other side of the Let me repeat, if nobody wants to be done. aisle wanting to speak, the way I look agree, and the Democrats want to Having said that, let me repeat, let’s at it, I would let them all do it. In fact, talk—and they have told us absolutely do both. But let’s have an under- I would say to the Democratic Mem- they have the right to talk, not about standing that when we are finished bers of that committee, why don’t you the Energy bill, about a judge. And I with the judge—and the Democrats will all speak? I would set up the vote on am not being critical. There is a judge have had all the time they needed to the judge at the earliest possible time nominee who they claim they want to talk about the judge; and that is fine; under the rules, and let them speak if talk about. I think they ought to talk we have the ranking member here; he we have to stay here all night. Let about it. I think they ought to talk might want to talk about him—then them all speak. Then we will have the right up until the time we vote. But we will go to the Energy bill, and we judge out of the way sooner than later. sooner or later we will vote on that will stay here Friday and Saturday and Then we would just say to everybody, judge and then we ought to come back Sunday and Monday and finish the En- fine. One day we were supposed to be to the Energy bill. Then we can tell the ergy bill. debating the Energy bill and we de- public, clear and simple, there is no I yield the floor. bated the judge, so we will stay here an judge in the way, there is nothing in The PRESIDING OFFICER (Mr. extra day. I would just say, let’s start the way. Here we are, full speed ahead. CHAMBLISS). The Senator from Nevada. tomorrow, and after you talk for the We have as many days as we need. We Mr. REID. Mr. President, as the dis- next 9 hours, instead of working on the have Friday—well, that would still tinguished Senator from New Mexico Energy bill, let us go to work and let only be Thursday. We have the rest of said, the public should know. The pub- us do the Energy bill. That might mean Thursday. We have Friday. We have lic should know the following: The last instead of Friday we would be here Sat- Saturday. Then certainly some people 4 weeks the distinguished majority urday. We would just substitute one would not want to work on Sunday but leader has been saying we are going to day called Saturday for a day called then we could come back Monday. If complete the Energy bill in 1 week. For Wednesday. Wednesday was the day we the Democrats think we need 4 more 4 weeks, the minority has said: We can- ought to be working on the Energy bill, days, we could have 4 more days. not do that. There is not enough time but there has been a decision to speak I, frankly, believe, without any to do that. to a very important subject which the doubt, you can finish this Energy bill Last year, when we worked our way other side of the aisle has thought to in a day and a half, and people can through this bill, there were 140-some be very important, and that is their have all the time they want on impor- odd amendments. This year, we have privilege. They think it is important to tant matters—maximum, 2 but you can had stops and starts on this bill. The talk about a judge. I think it is impor- finish it in 11⁄2 to 2 days. majority leader said we have been on it tant that we in fact get an Energy bill. So from this Senator’s standpoint—I 16 days. Everyone knows that is simply I think there is only one way to do repeat, I do not speak for anyone but not factual. We have been on it days both of them. That is to let the Demo- myself as the chairman of the Energy but these were Fridays and Mondays crats talk as long as they would like. If Committee and someone who has when nothing was going on here. they want to talk now, or want to talk worked pretty hard to get a bill I think Now, the public should know that in for the rest of the night, or want to is pretty good but that I would like to addition to having a difficult time fin- talk right up until the time we are sup- take to conference someday with the ishing this bill in 1 week, the majority posed to vote, then sooner or later that House and get an Energy bill for the leader has made the decision to sched- vote will be over. That will be one of country. This bill does not please ev- ule votes on judges. the jobs we have in front of us. erybody but it is pretty good. The public should know that the vote Then I would turn to the next job we I have been pondering it, but I think we took today on Miguel Estrada was have, and that is the Energy bill. If we probably the best thing to do is to the seventh time we have voted on this don’t get to that until tomorrow morn- make arrangements to do them both, judge. There has not been a single vote ing, we will then be on the Energy bill. to do the judge and to do the bill. If change all seven votes but yet the val- Then we will decide how much time we that is what the other side wants, to uable time of the Senate was taken on want to take on the Energy bill. Then take the time that I think belongs to this wasteful exercise. the public will know where we are. the Energy bill so they can speak, I We also voted, for the third time, on Everything will have been done: would say, let them do it. But that Justice Owen from Texas. Votes have Democrats will have gotten to talk all time will end. When that time ends, we not changed on that. Also, another they wanted on a judge and the Repub- go to the Energy bill and then there waste of time. lican leader will have brought up the will not be any excuses—that will be it. My friend from New Mexico says: judge and the Senate having voted on Whatever are the amendments—my Well, let’s finish the debate on Pryor the judge—whatever happens, a cloture friend, the whip, has told me there are and then go to energy. The problem vote, approval, nonapproval, but the three or four more on the electricity with that is, we have been told there is vote will be over, and we will be back section—let’s have them. We can do going to be another cloture motion on the Energy bill. Then we will have them whenever that time comes that I filed on a judge. There has been no nothing else before us. have just described, one after another, time spent on the floor on her, either, Straightforward, looking out to the just like we have done. None have a woman from California by the name public of America, looking across the passed yet. That is not to say some will of Kuhl. So using the logic of the Sen- aisle to our friends and saying: You not in the future. ator from New Mexico, then we would had it your way. Now, are we ready? Then we will go to the other ones, take and debate all day Thursday, and Are we ready to go and finish the En- three of which are important to people some of Friday, prior to the vote on ergy bill the American way? You can’t but that do not even belong on this that. have both of them. You can have one or bill. And they are important. They are We have not caused the stops and the other. You can have one at a time going to take a lot of time. They lit- starts on this bill. Not only have we but you can’t have both at the same erally do not belong on this bill. had stops and starts dealing with time. So I have spent a lot of time so far. judges, which have slowed this up im- So I think it is pretty easy. I don’t I am willing to spend a lot more. I mensely, but we also have had thrown think it is the only way, though. I don’t think it needs 3 more days of the in here two trade bills, the Singapore think the majority and minority lead- time of the Senator from New Mexico. and Chile trade bills. We still have 6 ers can, in fact, reach an agreement. I think it needs 2 days. But I can’t do hours to complete on that debate.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20144 CONGRESSIONAL RECORD—SENATE July 30, 2003 The public should know there is not There is also a complaint that the quietly voice vote all these other a single Democrat who opposes an En- distinguished ranking member has re- judges through so that nobody will no- ergy bill. We think this Energy bill is quested votes on some of these judges. tice that we are passing judges. One of imperfect and there should be amend- Well, yes, and we have six judges now the reasons we have asked for rollcall ments filed on it. We have not filed a who could have been approved during votes on a number of them is to show single amendment that has been, in the 4 hours we are going to be wasting how easy it is to pass a judge where any way, an effort to slow down this on these cloture votes. In fact, we prob- there is a consensus. bill. There have been meaningful and ably could have done all of them in the In those rare instances where people important debates, and every vote has 4 hours set aside. Of course we could have actually been consulted about a been extremely close. Had there been have. judge and where a judge has been nomi- not arm-twisting on the other side on The plaintive cries create no pity on nated who is not going to be an ideo- the Cantwell amendment and the Fein- our side. We are here ready to work on logical arm of either political party gold amendment—people in the well the Energy bill. If they don’t want Sen- but, rather, be an independent judge, wanted to vote with us but did not. As ators from the Judiciary Committee they go through easily. we know what happens down here in and others speaking about Pryor, then In this case, the Republican leader- close votes, they were unable to vote let’s not have a cloture vote tomorrow. ship—not the Democratic leadership, with us. Let’s not have a cloture vote on Kuhl the Republican leadership—filed a clo- These are not meaningless amend- on Friday. We can spend more time on ture motion on the nomination of Wil- ments. They have been very important the Energy bill. liam Pryor to the Eleventh Circuit. So amendments. As I have explained on Until the majority leader under- we are going to have this premature several occasions, we have other stands that he is his own worst enemy, debate. amendments that are just as meaning- we are going to continue what we are I hope there is one aspect on which ful as these that have been filed. doing to protect the rights of the we can get closure in the Senate. In We have also heard my friend from American people because the public connection with this nomination, sup- New Mexico say: We want to do this should know. porters of the administration have lev- the American way. I don’t know what The PRESIDING OFFICER. The Sen- eled the unfounded charges that Demo- that means. But that is what this is. ator from Vermont. cratic Senators are anti-Catholic. This We are in the Senate and we are doing Mr. LEAHY. Mr. President, I must charge is despicable. I have waited pa- things the American way, as estab- say I completely agree with the senior tiently for more than 2 years for Re- lished by the U.S. Constitution. That is Senator from Nevada on this. The sen- publican Senators to disavow such how we are going to do things. ior Senator from New Mexico, who was charges. So far, only one has, the dis- We did not make the decision to have in the Chamber, expressed concern tinguished Presiding Officer. This is a the parliamentary posture as it is. about time being taken talking about despicable, slanderous charge. It is one That has been made by the majority William Pryor’s nomination. We are calculated to throw us back into a time leader. He has a right to do that, but he not the ones who scheduled William that maybe some in this Chamber may also has the obligation to know that Pryor’s nomination in the middle of not remember. Some of us have parents the stops and starts on this Energy bill the Energy bill. who do remember when anti-Catholic has made it virtually impossible to The distinguished senior Senator bias ran rampant in this country. pass this bill. from Utah, chairman of the Senate Ju- It is outrageous, of course, that Re- Now, to have threats made—and that diciary Committee, is in the Chamber. publicans will not knock down these is what they are: You are going to be He knows the concerns expressed by slanderous charges of anti-Catholicism here Friday afternoon; you are going to members of the committee that this and allow them to go forward. This be here Saturday, Sunday, Monday, nomination was voted out of com- slander and the ads recently run by a Tuesday—well, that is the way it is. mittee before investigations underway group headed by the President’s fa- But always remember, any inconven- involving Mr. Pryor were completed. ther’s former White House counsel and ience that is caused to the Democrats It is passingly strange that when we a group whose funding includes money will be caused to the Republicans also. say that after the nomination has been raised by Republican Senators and the Remember, there are two more of them moved prematurely out of the Senate President’s family are personally offen- than there are of us, so they will have Judiciary Committee with pending sive. They have no place in this debate a little extra inconvenience. questions, very serious questions in- or anywhere else. But this Senator and all 48 other volving the conduct of that nominee For a charge of anti-Catholicism to Senators who are here in the minority unresolved, but it gets sort of rocketed be leveled against any Member of this are willing to work to complete what- onto the floor. Then we are asked to lie Chamber, Republican or Democratic, is ever work needs to be done. But we are down and just let it go through without wrong. But for those who stay silent not going to be rushed into voting for even saying why we object. and allow it to go forward, who take a judge such as the man from Alabama First, the rules of the Senate Judici- part in it, the only way for a lie to get who has been hustled out of the Com- ary Committee itself were violated. traction is for people to remain silent. mittee of the Judiciary without proper Rule 4 was violated. The matter is still And those who could stop this lie in a debate in the committee itself. We are coming up. The distinguished majority hurry remain silent. going to have proper debate in the Sen- leader and the distinguished Demo- I challenged the Republican Senators ate. We are going to have the American cratic leader had a conversation in on the Judiciary Committee who are so people know because the public should which the distinguished majority lead- fond of castigating special interest know. We are going to do it the Amer- er assured us that this would never groups and condemning every critical ican way. happen again. Within a few weeks of statement of a Republican nominee as We are going to hear the ranking that assurance, it happens again, an as- being somehow a partisan sneer, to member of the committee, who, by the surance that no nomination of this na- condemn this ad campaign and the in- way, has been responsible for our ap- ture would come up if it was sent out junction of religion into these matters. proving, during this administration, in violation of rule 4 of the Senate Ju- Only the junior Senator from Georgia 140 Federal judges. diciary Committee. It was. The nomi- now presiding responded to that chal- We have turned down two. The Amer- nation is up. And we don’t ask ques- lenge. Other Republican members of ican public should know that. That is tions about it? the Judiciary Committee and of the the American way. One-hundred and Then we hear some on the other side Senate have either stood mute in the forty to two isn’t that bad. Anybody say: Our judges are being blocked. face of these obnoxious and disgusting who has a basic knowledge of math un- Well, it is true; 2 out of 140 have been. and scurrilous charges or, worse, they derstands those are pretty good odds. But at the same time, they want to have fed the flames.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20145 Today, Republican Senators have an- Now, the assistant minority leader same members of the press they have other chance to do what they have not suggested going to these matters and gone to this week and they said: This is yet done and what this administration making progress. I have suggested terrible. The Democrats aren’t allow- has not yet done—disavow this cam- scheduling rollcall votes on these ing us to vote. paign of division and those who have nominees and making further bipar- Democrats, time after time, came on played wedge politics with religion. I tisan progress. Instead, we waste time the Senate floor and said we can have hope the Republican leadership of the on cloture motion after cloture motion unanimous consent to go to a vote, and Senate and of the Judiciary Committee after another cloture motion in con- they objected. will finally disavow the contention nection with the most controversial of Mr. DORGAN. Mr. President, further that any Senator is being motivated in this President’s nominees. Now I find inquiring of the Senator from any way by religious bigotry, just as I out why. I am told by members of the Vermont, is it the case, then, that and others on this side of the aisle have press that the Republicans said this there are judge candidates that could defended members of the Republican was supposed to be our issue this week. be brought to the Senate floor without side of the aisle when they have been We are not getting appropriations bills any controversy at all, which would re- attacked on their religion. We find it done, we are not going to finish the En- quire very little time? Those are not so painful that not only do they remain ergy bill, or do anything else, so we are the ones brought to the floor. Very silent when people on this side of the going to tie up the Senate with a num- controversial nominations are brought aisle are attacked on their religion but ber of cloture votes. Then they all went to the Senate floor, and complaints in some instances have even continued out with their talking points with arise because someone wants to debate the attack in statements they have members of the press to tell them how it. Isn’t it the point that we didn’t made outside this Chamber. terrible it was that we were having bring this judgeship to the floor for a When we began debate on the nomi- these votes, which they scheduled. cloture vote? nation of Miguel Estrada in February, Mr. DORGAN. Will the Senator from Mr. LEAHY. No. In fact, I say to my I made a similar request with respect Vermont yield for a question? friend that the one time we did try to to the charges that Senators were Mr. LEAHY. Yes. bring one of President Bush’s circuit being anti-Hispanic. The other side Mr. DORGAN. I listened to some of court nominees to the floor and ask to never withdrew that ridiculous charge. the complaints on the floor recently have him considered, for a month we Instead, the special interest groups and while I was in my office. They were were not allowed to because the Repub- others trying to intimidate the Senate concerned about not moving ahead on licans objected. I have not done a whip into voting on that nomination broad- energy. I guess the obvious question check, but I am willing to bet that if ened the attack to include Hispanic is—we didn’t bring up the judge; we are we brought them to a vote, and they members of the Congressional Hispanic not requiring a vote on the judge; we are on the calendar now, they would Caucus, MALDEF, the Puerto Rican are not requiring a vote on the trade get confirmed. Even in the time we Legal Defense and Education Fund, agreements; and there is no require- have had quorum calls and discussions past presidents of the Hispanic Na- ment to vote on the trade agreements on this today, we could have brought tional Bar Association, and many other this week. There is no requirement to them up and had a series of 10-minute Hispanic and civil rights organizations vote on this judge this week. So isn’t rollcall votes. And I am willing to bet that opposed the Estrada nomination. the proposition that those who are we would have passed them all. It was so bad that one Hispanic organi- scheduling this place, who insist on a Mr. DORGAN. The Senator indicated zation that supported Miguel Estrada vote on a judge, insist on bringing up we were dealing with very important issued a statement that the charge was trade agreements in the middle of the issues today. Indeed we were. I mention wrong, that they certainly didn’t be- discussion on energy, isn’t that what is the Cantwell amendment, which lost lieve it applied to any Member of the causing the delay? by two votes. It was a very significant Senate, and urged the Republicans to Mr. LEAHY. Mr. President, the Sen- amendment which I think, in the rear stop it. ator is absolutely right. The distin- view mirror of public policy, will turn They didn’t, but they were urged by guished assistant Democratic leader out to be one of the most important other Hispanic groups to stop it. The pointed out just a short while ago that amendments turned down by the Sen- demagoguery, divisive and partisan we have had a number of votes on the ate dealing with energy. politics being so cynically used by sup- Energy bill, which were very close We know what is happening on the porters of the President’s most ex- votes, which could have gone either west coast. Firms bilked people out of treme judicial nominees needs to stop. way. We had a good debate going and billions of dollars. There is substantial There are at least five judicial nomina- we were actually voting. Now, instead criminal investigation still ongoing tions on the Executive Calendar on we spend more time in quorum calls and the proposition today on the En- which we can join as Democrats and and bringing up judicial votes that are ergy bill was important: Will there be Republicans. I would be willing to bet not going anywhere. adequate protections for consumers, that they would be confirmed by an I must say to my friend from North and will we do something about the overwhelming vote. Dakota, as ranking member of the Ju- scandals that occurred on the west I remember when we had a circuit diciary Committee, if we would have coast and stand up and support the in- court of appeals judge nominated by taken the time that has been wasted on terests of consumers and prevent ma- President Bush. For a month, the things not going anywhere, if we had nipulation of energy markets? That Democrats tried to get a vote on that taken time to vote through some of the amendment failed by two votes. There nominee. For a month, one Republican judges, where I believe we could get was a significant debate, a big amend- had an anonymous hold and refused a consensus of both Democrats and Re- ment. These are big, important issues. vote to go forward. There are people we publicans, and vote and confirm them The question is, Why are we not con- could vote on. Why don’t they? We and let them go to the bench, that tinuing to work on the Energy bill? took a month to get the Republicans to would be a better way. We spent a What interrupted it? Have we done release the anonymous hold on Judge whole month, as I mentioned, trying to that or has someone else brought some- Edward Prado, who was nominated by get the Republicans to allow a vote on thing else to the floor of the Senate? President Bush. Interestingly enough, I Judge Edward Prado for a circuit court Mr. LEAHY. Mr. President, I answer finally found out why. They didn’t of appeals position. He had been nomi- my friend from North Dakota that we want a vote. They wanted to attack us nated by President Bush and was have been willing to move forward on for not voting on him, even though we strongly supported by President Bush. amendments on the Energy bill. We are were the ones asking to vote on him. It For a month, they blocked it from not the ones who brought up the extra- is Alice in Wonderland to the tenth going to a vote. We found out after- neous cloture votes which are not power. ward it was because they went to the going anywhere. Maybe some want to

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20146 CONGRESSIONAL RECORD—SENATE July 30, 2003 get off the Energy bill. I note that the reason because of his qualifications, ture vote tomorrow morning on the distinguished Senator mentioned Sen- but also because the rules of the Judi- judgeship. That will solve the problem. ator CANTWELL’s amendment. I was ciary Committee were not followed in The PRESIDING OFFICER. The Sen- very proud to support that amendment. having this nomination go out. ator may yield for questions but not It was excellent and, as the Senator We could very well at that time, if we for comments. The Senator from said, it would protect the consumers. want to get judges through, not have Vermont has the floor. It was interesting because, at one this cloture vote, which is not going to Mr. LEAHY. Mr. President, the dis- point, she had the amendment won, go anywhere. We have James Cohn, of tinguished Senator from Pennsylvania and you heard the snap, crackle, and Florida. During this time we could has asked if I will yield for a question. pop, not of Rice Crispies but the arms have voted on him to be a judge. We I will yield without losing my right to being twisted and snapped as votes could have voted on Frank Montalvo, the floor or my right to reclaim the were being changed. Most of the power of Texas. These are nominees I would floor within 1 minute. company lobbyists were saying to the support and I think a majority of us Mr. SANTORUM. Mr. President, I leadership on the other side that you would support. Xavier Rodriguez, of ask if the Senator from North Dakota cannot allow that to go through, and Texas, could have been voted on. The and the Senator from Vermont will votes were being changed. It came Republicans have made no effort to agree to a unanimous consent request within two votes. bring them up, even though we told that we have a final vote on the Energy I agree with the Senator from North them they could. H. Brent McKnight, bill by noon on Friday and in exchange Dakota that people are going to look in of North Carolina—these are people we for that, we will vitiate the cloture the rear view mirror and say Senator would allow to being brought up. We votes on the two judges that are in the CANTWELL was right, and that should would allow the home State Senators queue right now. I think we can prob- have been allowed to go through. to take a few minutes to speak about ably get unanimous consent on that on Mr. DORGAN. If the Senator will them. In fact, they could bring them our side fairly quickly. yield further, and I am sorry to con- all up and do them in a stack of 10- If the Senator from North Dakota tinue to inquire, at this point, is there minute rollcall votes. They would have agrees with that, we will be happy to a cloture vote that is now scheduled on gone through in the amount of time of move forward. Mr. Pryor? Is there a vote scheduled some our quorum calls today. Mr. LEAHY. Mr. President, I have and, if so, when is it scheduled? Mr. DORGAN. Mr. President, if I may the floor. I am not on the Energy Com- Mr. LEAHY. Mr. President, it is address the Senator from Vermont mittee. scheduled for tomorrow under the nor- with one final inquiry, it seems to me Mr. SANTORUM. I think that is what mal circumstances, unless there has if the issue in the Senate is we have the Senator from North Dakota sug- been an agreement entered into other- limited time and we have a substantial gested. wise. That would be an hour after we amount of work to do on energy—I was Mr. DORGAN. Mr. President, if come into session. Unless the estab- at the White House yesterday. Presi- the—— lished quorum is waived, we could go to dent Bush called a number of us down The PRESIDING OFFICER. The Sen- a vote. to the White House to talk about the ator from Vermont has the floor. Mr. DORGAN. Mr. President, I in- urgent need to pass this Energy bill. If Mr. LEAHY. Mr. President, let me re- quire further, if a cloture motion has that is, in fact, the case—and I believe spond this way. I have been in the Sen- been filed and it ripens tomorrow and it is and the majority leader has said it ate for 29 years. I love the Senate. I we presumably would have a cloture is—in order to get back on this Energy love following our normal course of vote on this nomination tomorrow, for bill, it seems to me what we should doing business. The Senator from those tonight who are concerned about do—and I encourage the majority lead- Pennsylvania has raised an appropriate not moving ahead on energy, we could er to do this—is vitiate the cloture question. I suggest that is a question resolve that by vitiating the cloture vote on the judgeship. We do not need that should be directed to the Repub- motion vote tomorrow. to do it this week. We all know we do lican leader and the Democratic leader I was sitting in my office listening to not. He can decide we do not have to and the chairman and the ranking those complaining that we are not bring up the two free-trade agreements member of the committee, which is the moving ahead on energy, under- this week. There is nothing urgent normal course of doing business, the standing it was not us who brought about those agreements. That need not way we have always done it. Naturally, this judgeship forward. We did not put be done this week. I would be guided by the direction of forward the proposal that we have to If the President is correct—and I be- the Republican and Democratic lead- do two free-trade agreements this lieve he is—and if the majority leader ers, not only in the Senate but in the week. is correct—and I believe he is—that committee. It seems to me, at least with respect this Energy bill ought to move, it is ur- Obviously, I am not in a position to to the judgeships, perhaps what ought gent public business, then let’s move speak for the Republican or Demo- to be done is unanimous consent ought back to the Energy bill and do it now. cratic leaders or the Republican chair- to be entertained to vitiate the cloture I encourage the majority leader to man or Democratic ranking member on vote tomorrow on this judge and move make that decision. this issue. The Senator from Pennsyl- on. After all, there is no reason that we Mr. SANTORUM. Will the Senator vania is perfectly within his rights in have to vote on this judge tomorrow. from Vermont yield? raising the issue, and I hope that might This nomination has not been waiting Mr. DORGAN. The Senator from prompt a discussion with them. a great length of time. It can be done Vermont has the time. I thank the Mr. DORGAN. Mr. President, I ask in September. For those who are wor- Senator from Vermont for yielding to the Senator to yield for one more ques- ried about moving ahead on energy— me. I, again, say to the majority lead- tion. and we should—it seems to me what we er, I do not want to hear people com- Mr. LEAHY. I yield. probably ought to do is join together plaining about the fact that we are not Mr. DORGAN. Mr. President, I ask and vitiate this cloture vote, move on, on the Energy bill. We are not making the Senator, would it make the most and continue with the Energy bill to- progress on the bill because the major- sense to have a final vote on the En- night. Does the Senator think that is ity leader and others said we have to ergy bill when we have finished our an appropriate course? move to the judgeships and then move work on the Energy bill? And wouldn’t Mr. LEAHY. Mr. President, I tell my to the trade agreements. that best be accommodated by not friend from North Dakota, not only The fact is, they are the ones taking going off and on to come up with judge- would it be an appropriate course be- us off the Energy bill, not us. We ought ships and trade agreements? Wouldn’t cause cloture is not going to be in- to offer the next amendment right now the best approach to reaching a final voked primarily because, for one major on the Energy bill and vitiate the clo- vote on the Energy bill be to stop

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20147 bringing to the floor of the Senate The Senate was intended to serve as proximation so I can request to follow other business, business that need not a check and balance in our unique sys- him in speaking order, that is all I am be done now? tem of Government. We fail our oaths asking for. Mr. LEAHY. Mr. President, I will an- of office as Senators if we allow the Mr. HATCH. I would estimate up to swer this way: We have diverted some 6 Federal judiciary to be politicized, if an hour. to 10 hours off the Energy bill now. I we cast votes that would remove their Mr. REID. Objection. see my friend, the senior Senator from independence. The PRESIDING OFFICER. The ob- Nevada. I know over the years he has Mr. President, I ask unanimous con- jection is heard. worked very closely with his counter- sent that it be in order to yield to the Mr. HATCH. Then I will ask for the part on the Republican side and usu- distinguished senior Senator from Cali- floor when the distinguished Senator ally tried to work out a finite list of fornia. from Vermont ends his remarks. amendments to the Energy bill. Again, The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- based on my experience, my years in objection? ator from Vermont has the floor. the Senate—almost three decades—I Mr. SANTORUM. Mr. President, I ob- Mr. REID. Will the Senator from find usually if we stay on a bill that is ject. Vermont yield for a question? your important bill, if you do not keep The PRESIDING OFFICER. The ob- Mr. LEAHY. I yield to the distin- going off it for the trade agreements jection is heard. guished senior Senator from Nevada for about which the Senator from North Mr. LEAHY. Mr. President, then I a question. Dakota spoke, or these various cloture will continue my speech. Mr. REID. I say to the Senator from motions, if we keep going off these Mr. HATCH. Mr. President, reserving Vermont, it is my understanding that bills, then nobody feels the pressure to the right to object. the Senator has approximately 15 or 20 work things out. The PRESIDING OFFICER. Objec- minutes on his speech. What the Sen- On the other hand, if we just stay on tion has been heard. ator wanted to do is yield to the Sen- the bill and people bring up amend- Does the Senator from Pennsylvania ator from California for 10 or 12 min- ments, we will find which ones are withdraw his objection? utes, I think she said. Then it is my un- close amendments and actually have a Mr. SANTORUM. No, I do not. derstanding that the request was the chance of being adopted and which ones Mr. LEAHY. Mr. President, then I Senator from Utah be recognized for up are not going to be adopted. Usually would—— to an hour, and then following that I the Republican and Democratic leader- Mr. HATCH. Parliamentary inquiry. would like to modify the request that ship get together and whittle down the The PRESIDING OFFICER. The Sen- the Senator from Illinois be recognized finite number. Then, as the Senator ator will state his parliamentary in- for up to 45 minutes from Pennsylvania suggested, we are quiry. Mr. SANTORUM. Mr. President, I ob- usually in the position to find a time Mr. HATCH. Could I ask how much ject. for a final vote. time the distinguished Senator from The PRESIDING OFFICER. The Sen- My suggestion is that we use what he California desires? ator from Nevada cannot propound a has suggested but stay on the Energy Mrs. FEINSTEIN. I do not think unanimous consent request. He does bill, work toward a finite list of amend- more than 10 or 12 minutes. not have the floor. The Senator from ments. We will then know when they Mr. HATCH. My personal belief is we Vermont does. are going to take place and how much ought to let her go ahead, and I would Mr. LEAHY. Mr. President, on behalf time they are going to take. And then encourage my colleague to do that. of both myself and the Senator from we will know when we are going to Mr. LEAHY. Mr. President, I would Utah, Mr. HATCH, I ask unanimous con- have final passage. We can do that and renew my—— sent that the distinguished Senator then go back to anything else they Mr. HATCH. I ask unanimous consent from California be recognized for no want. that we—— If we are going to keep going back to Mr. LEAHY. I have the floor. I would more than 15 minutes; the distin- these judges—as I said, we so far renew my request. guished Senator from Utah be recog- stopped two of President Bush’s judges Mr. HATCH. Would the Senator add nized for up to an hour; and then the and confirmed 140, unlike the 60 of that I be given time? distinguished senior Senator from Illi- President Clinton’s judges who were Mr. LEAHY. Along with the distin- nois be recognized for up to 40 minutes. stopped by the Republicans, usually be- guished senior Senator from Utah, I The PRESIDING OFFICER. Is there cause someone objected anonymously. renew my request that I be allowed to objection? We have done it out here on the floor yield now to the distinguished senior Mr. SANTORUM. I object. where we stood up on the nomination. Senator from California. The PRESIDING OFFICER. The ob- I am one Senator who actually takes Mr. HATCH. I add to that, when the jection is heard. seriously the role of the Senate. There distinguished Senator from California Several Senators addressed the are only 100 of us, and we are given the is finished I would be granted the floor Chair. privilege to represent 270 million for my remarks. The PRESIDING OFFICER. The Sen- Americans. But we also have a very Mr. LEAHY. For how long? ator from Vermont has the floor. unique place. There is no other par- The PRESIDING OFFICER. Is there Mr. LEAHY. Mr. President, I tried to liamentary body in the world quite like objection? accommodate the Senator from Utah. the Senate. We have this unique spot Mr. REID. Reserving the right to ob- Mr. HATCH. Who is trying to accom- where we have checks and balances, es- ject. modate the Senator from Vermont. pecially on confirmations. The Con- Mr. HATCH. I have no idea. Mr. LEAHY. Who is trying to accom- stitution does not say advise and The PRESIDING OFFICER. Is there modate the Senator from Vermont. I rubberstamp; it says advise and con- objection? will try to do that even though the sent. Mr. DURBIN. I object. Senator from Utah wants to speak Nobody should underestimate our The PRESIDING OFFICER. The Sen- longer than I thought. But he is, after commitment to the independence of ator from Illinois objects. all, the chairman of the committee. I the Federal judiciary and to our con- Mr. DURBIN. I reserve the right to was willing to stop my speech at this stitutional duty to advise and consent object, Mr. President. I inquire of the point to accommodate him. We have on these lifetime appointments. No- Senator from Utah how much time he probably taken longer in making these body should underestimate our com- would want to be recognized. unanimous consent requests. mitment to the protection of the rights Mr. HATCH. I do not have an exact Mr. HATCH. I have a suggestion. Why of all Americans—Republicans and time, but I would hope not too long. does not the distinguished Senator end Democrats, Independents—in every Mr. DURBIN. Well, if the Senator his speech and we will go to the distin- part of this Nation. from Utah would give me a fair ap- guished Senator from California before

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20148 CONGRESSIONAL RECORD—SENATE July 30, 2003 me, and then I will try to be less than Mr. DORGAN. Would that include the without losing my right to the floor so an hour? time during a reservation of another that the Senator from Utah might Mr. LEAHY. Mr. President, I ask unanimous consent request? make a point. that that be the order; that I complete The PRESIDING OFFICER. No, it The PRESIDING OFFICER. Without my speech, yield to the Senator from would not. objection. California, and then the Senator from The Senator from Vermont. Mr. HATCH. Reserving my right to Utah be recognized. Mr. LEAHY. Mr. President, I would object, Mr. President, it is not unusual The PRESIDING OFFICER. Is there renew any request. to have multiple matters heard by the objection? The PRESIDING OFFICER. Is there Senate. It is certainly not unusual to Mr. REID. Reserving the right to ob- objection? have cloture votes on judges, especially ject. Mr. SANTORUM. Reserving the right under the current situation. I would be The PRESIDING OFFICER. The Sen- to object. happy to quit debating General Pryor ator from Nevada. The PRESIDING OFFICER. The Sen- tonight, even though there has been Mr. REID. I have spoken to the dis- ator from Pennsylvania. probably close to an hour of the Sen- tinguished junior Senator from Penn- Mr. SANTORUM. I say for the pur- ate’s time utilized on this debate, and sylvania. He said the reason he ob- pose of edification of the Senator from just go to the cloture vote tomorrow, jected is because he felt it was an un- North Dakota, the two leaders have quit playing around with the Energy equal distribution of time. If that is met and talked and our leader went to bill that we know is being slow-walked, the case, we want to make sure there is the Democratic leader and actually and try to finish the Energy bill before an equal distribution of time. Through suggested to do just that, vitiate in ex- the end of this week. the chair, to the Senator from Utah, I change for a time certain this week to There is no excuse for not having a am wondering who wants to speak finish this bill, which is what I know cloture vote on Judge Pryor or Judge after the Senator from Utah. I am try- the Senator from North Dakota was Kuhl on Friday. ing to figure out how to balance this looking to do. Mr. LEAHY. Mr. President, regaining out fairly. Mr. DORGAN. No, that is not the my right to the floor, I probably could We recognize that Senator KENNEDY case. have completed my speech during this spoke for 20 minutes or so. Mr. SANTORUM. As a result, that time, but I was trying to save every- Mr. HATCH. He spoke for half an was not accomplished. The Senator body some time. I was trying to accom- hour. from South Dakota said that was not modate the distinguished senior Sen- Mr. LEAHY. Mr. President, I suggest acceptable, so as a result we are now ator from Utah, who is the chairman. I to my colleagues that we do this, as we stuck on what seemingly some Mem- think everybody has agreed now to the have offered before: We allow the Sen- bers of this Chamber would like to talk request I have made. ator from California to speak, and then about. I would renew my request that the the Senator from Utah, and then, as we Mr. DORGAN. Mr. President, con- distinguished Senator from California have done before, we go back and forth. tinuing to reserve the right to object. be recognized, the ball then goes back Mr. REID. I do not think we should The PRESIDING OFFICER. The Sen- to the distinguished Senator from go back and forth. Whoever gets recog- ator from Vermont has the floor. Utah. nized should speak after the Senator Mr. LEAHY. I renew my request. The PRESIDING OFFICER. Is there from Utah. The PRESIDING OFFICER. Is there objection? Mr. SANTORUM. That is fine. objection? Mr. SARBANES. Reserving the right Mr. LEAHY. I ask unanimous con- Mr. DORGAN. I continue my reserva- to object. sent that it be in order to recognize the tion to object. Let me just say that I The PRESIDING OFFICER. The Sen- Senator from California, and then be in speak fairly well for myself on this ator from Maryland. order to recognize the Senator from floor, and I have never suggested that Mr. SARBANES. I am prompted to do Utah, Mr. HATCH. in exchange for anything we have a this by the statement of the chairman The PRESIDING OFFICER. Is there time certain. What I suggested is that of the Judiciary Committee. objection? if we want to finish this Energy bill, we It is outrageous you should suggest Mr. DORGAN. Reserving the right to be able to offer the amendments on the you would schedule the judge for to- object. title and debate the amendments. We morrow on a cloture vote and not pro- The PRESIDING OFFICER. The Sen- are not going to get to that point if we vide time for debate, which is the issue ator from North Dakota. keep interrupting the Energy bill with that is at stake here. We need the de- Mr. DORGAN. Mr. President, as I un- judges and trade agreements. bate on the judge, and then you say, derstand the unanimous consent re- If we believe this is urgent—and the well, you are interfering with the quest, we are now moving forward to President says it is, I believe it is, oth- progress of the Energy bill. debate this judgeship so that we can ers believe it is—let’s get back to it Who was it who scheduled the judge have a cloture vote in the morning, this moment. Let’s vitiate the cloture for tomorrow? That is where the intru- much to the angst of many who believe vote tomorrow on the judgeship. Let’s sion came in terms of the process of we should be on the electricity title of hold over the free-trade agreements dealing with the Energy bill. the Energy bill. So I ask when is it in until September and decide this is im- Mr. HATCH. People have a right to order for us to ask unanimous consent portant, as we have always said it was, schedule the judge. to vitiate the cloture vote in the morn- and move to finish this Energy bill. I Mr. SARBANES. And at the same ing so we might do what every one of am not talking about a time certain. time assert that you have to pass the us in this Chamber knows we should be The time for finishing it is when we Energy bill. doing, and that is be back on the en- finish the amendments, have debate on Mr. HATCH. This is the first time we ergy title to try to finish the Energy the amendments, and have votes on the have ever—— bill? amendments. The PRESIDING OFFICER. The Sen- I ask the Presiding Officer when We can do that if I ask unanimous ator from Vermont has the floor. Is might it be in order for me to seek consent to vitiate the cloture vote to- there an objection to the unanimous unanimous consent to vitiate the clo- morrow, but I guess I cannot do that consent? ture vote tomorrow morning so we can under a reservation of objection. Mr. DORGAN. I object. get back to the Energy bill now? The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The Sen- objection to the unanimous consent re- COLEMAN). The objection is heard. ator can make a unanimous consent at quest of the Senator from Vermont? Mr. LEAHY. Well, Mr. President, I any time he gains the floor in his own Mr. LEAHY. Mr. President, I will know everyone stands riveted to hear right. withhold my request for the moment the rest of my speech. I was trying to

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20149 complete the speech so the Senator court facilities. But his career is broader. He and his defense of utility companies in up- from California could be recognized. has urged the repeal of a key section of the grading their coal-fired power plants without Mr. President, sometimes after all Voting Rights Act, which he regards as ‘‘an adding new pollution control devices. this work, the Senate actually does affront to federalism and an expensive bur- Several of Bush’s nominees for federal bench hold extreme anti-gay views. Timony work. Those who are watching some- den.’’ He has also called Roe v. Wade ‘‘the worst abomination of constitutional law in Tymkovich, confirmed to an appeals court day will explain what exactly has hap- our history.’’ Whatever one thinks of Roe, it last month, has compared homosexuality to pened. is offensive to rank it among the court’s cockfighting, bestiality, prostitution and To continue, the Senate has already most notorious cases, which include Dred suicide. confirmed 140 of this President’s judi- Scott and Plessy v. Ferguson, after all. Pryor’s confirmation hearings have not yet cial nominees, including 27 circuit Mr. Pryor’s speeches display a disturbingly been set. The Judicial Committee will cer- court nominees. We could have con- politicized view of the role of courts. He has tainly want an explanation of his incendiary firmed at least five more this week if suggested that impeachment is an appro- comments, which unfortunately are typical of the nominees they will be asked to con- the Republican leadership would have priate remedy for judges who ‘‘repeatedly and recklessly . . . overturn popular will and sider. worked with us to schedule votes on . . . rewrite constitutional law.’’ And he them. That stands in sharp contrast to talks publicly about judging in the vulgarly [From the Huntsville Times, May 4, 2003] the treatment of President Clinton’s political terms of the current judicial cul- PRYOR’S PREACHING nominees by a Republican-controlled ture war. He concluded one speech, for exam- Churches promote faith; courtrooms pro- Senate from 1995 through 2001, when ju- ple, with the following prayer: ‘‘Please, God, mote justice. dicial vacancies on the Federal courts no more Souters’’—a reference to the be- Attorney General Bill Pryor usually has were more than doubling from 16 to 33. trayal many conservatives feel at the honor- been what few Alabama politicians seem to Opposition to Mr. Pryor’s nomina- able career of Supreme Court Justice David know how to be: principled. Though unabash- H. Souter. edly a conservative Republican, Pryor has tion is shared by a wide spectrum of Mr. Pryor has bipartisan support in Ala- usually been more nonpartisan than par- objective observers. Mr. Pryor’s record bama, and he worked to repeal the provisions tisan. is so out of the mainstream that, even in that state’s constitution that forbade More than once, he has ignored the pre- before last month’s hearing, a number interracial marriage. But this is not a nomi- vailing political winds to do what he thought of editorial boards and others weighed nation the White House can sell as above pol- was right. Trying to reform the state’s sen- in with significant opposition. itics. Mr. Bush cannot at once ask for apo- tencing system is a prime example. One that Last April, even the Washington litical consideration of his nominees and put he thought was right again. But this time forth nominees who, in word and deed, turn Pryor has gotten it wrong. Post, which has been exceedingly gen- In a ‘‘friend of the court’’ brief filed almost erous to the administration’s efforts to federal courts into political battlegrounds. If he sends the Senate nominees such as Mr. three months ago regarding the Texas sod- pack the courts, termed Mr. Pryor Pryor, he cannot complain too loudly when omy case before the U.S. Supreme Court, ‘‘unfit’’. Both the Tuscaloosa News and his nominees receive the most researching Pryor compared homosexual acts to ‘‘pros- the Hunstville Times wrote in early scrutiny. titution, adultery, necrophilia, bestiality, May against the nomination. Other possession of child pornography, and even in- editorial boards across the country [From the Tuscaloosanews.com, May 4, 2003] cest and pedophilia.’’ This is the same case, of course, the Penn- spoke out, including the San Jose Mer- PRYOR’S OPINION GOES BEYOND MAINSTREAM sylvania Sen. Rick Santorum, another con- cury News and the Pittsburgh Post-Ga- Attorney General Bill Pryor’s opinion that servative Republican, made similarly trou- zette. Since the hearing, that chorus of lumps homosexuality in with abusive crimes bling remarks about. opposition has only grown and now in- such as child pornography, bestiality, incest The problem here is neither that Pryor has cludes the New York Times, the and pedophilia puts him well within the a certain point of view that others may not Charleston Gazette, the Arizona Daily camp of recent nominees to the federal share, nor that he expressed it. In the United bench but well outside the mainstream of Star and the Los Angeles Times. I ask States, we all have a right to think and American life. speak freely. unanimous consent to print the full Pryor was nominated by President Bush to The problem is that as the attorney gen- package of these editorials and op-eds a seat on the U.S. Court of Appeals for the eral of Alabama—and President Bush’s nomi- in the RECORD. 11th Circuit, which has jurisdiction over Ala- nee to the 11th Circuit Court of Appeals— There being no objection, the mate- bama, Georgia and Florida. A legal argument Pryor did not separate his personal moral rial was ordered to be printed in the Pryor wrote earlier this year, which just views from his public role as a promoter of RECORD, as follows: came to light last week, parallels comments justice. by Sen. Rick Santorum, that landed the [From the Washington Post, April 11, 2003] Bill Pryor has championed causes that Pennsylvania Republican in hot water re- many Republicans and not a few Democrats UNFIT TO JUDGE cently. would probably have walked away from: such President Bush must have worked hard to The amicus brief, penned by Pryor and as the removal of the interracial marriage dream up an escalation of the judicial nomi- signed by attorneys for South Carolina and ban from the state constitution and the re- nation wars as dramatic as his decision this Utah, declared that states’ support for the cruitment of mentors for underprivileged week to nominate Alabama Attorney Gen- Texas sodomy law in the Supreme Court case children, to mention a few. eral Bill Pryor to the U.S. Court of Appeals of Lawrence vs. Texas, which the court is ex- Alabama has benefited from having him as for the 11th Circuit. A protege of Alabama pected to decide in June or July. Pryor ar- attorney general, and would probably benefit Republican Sen. Jeff Sessions, Mr. Pryor is a gues the Texas law should be upheld, other- if he decided to seek an even higher elected parody of what Democrats imagine Mr. Bush wise constitutional protections ‘‘must logi- office one day. to be plotting for the federal courts. We have cally extend to activities like prostitution, Perhaps the nation would too, but not if argued strongly in favor of several of Mr. adultery, necrophilia, bestiality, possession Pryor plans to use a judicial appointment as Bush’s nominees—and urged fair and swift of child pornography, and even incest and an opportunity to give his moral points of consideration of all. And we have criticized pedophilia (if the child should credibly claim view the heft of the law’s brief seems to be Democratic attacks on nominees of sub- to be ‘willing’).’’ a part of a trend to infuse public policy and stance and quality. But we have also urged Hardly so. the law with morality of an abashedly reli- Mr. Bush to look for common ground on judi- It is a long step from sanctioning, or even gious strain. cial nominations, to address legitimate tolerating, consensual private activity be- Until God—or whoever or whatever it is Democratic grievances and to seek nominees tween two adults to permitting abusive you do or do not worship—decides to clarify of such stature as defies political objection. crimes such as pedophilia. The law is per- the myriad matters of faith that have caused The Pryor nomination shows that Mr. Bush fectly capable of drawing such distinctions us to separate into different churches, tem- has other ideas. in theory and in practice. ples, mosques, sects, and beliefs, it would be Mr. Pryor is probably best known as a zeal- We have cautiously supported Pryor’s best for those who believe to enjoy their be- ous advocate of relaxing the wall between nomination, while taking issue with a num- liefs in a way that allows others to enjoy church and state. He teamed up with one of ber of his controversial positions. These in- theirs—or to enjoy not having any beliefs at Pat Robertson’s organizations in a court ef- clude his defense of state Supreme Court all. fort to defend student-led prayer in public Chief Justice Roy Moore’s decision to dis- Churches are supposed to promote faith, schools, and he has vocally defended Ala- play the Ten Commandments in the state and courtrooms, justice. If Pryor is con- bama’s chief justice, who has insisted on dis- Judicial Building, his opposition to multi- firmed to the 11th Circuit, he would do well playing the Ten Commandments in state state lawsuits against tobacco companies to honor this distinction.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20150 CONGRESSIONAL RECORD—SENATE July 30, 2003 [From the San Jose Mercury News, May 21, too often assumed the president’s nomina- abomination’’ of constitutional law in our 2003] tions to the federal bench were wild-eyed lib- history. He recently urged the Supreme COUP IN THE COURTS erals. Now that a Republican president is in Court to uphold laws criminalizing gay sex, President Bush has treated judicial nomi- the White House, the Democrats and their a position the court soundly rejected last nations like tax cuts: Declare, with a friends are playing tit-for-tat by viewing Mr. month. He has defended the installation of a straight face, that the extreme is reasonable Bush’s nominations as reactionary by defini- massive Ten Commandments monument in and that any opponent is obstructionist. tion. Alabama’s main judicial building, which a In the case of judgeships, that means nomi- The Post-Gazette has deplored these ten- federal appeals court recently held violated nating one conservative ideologue after an- dencies, which have made it difficult to sort the First Amendment. And he has urged Con- other, knowing that Democrats in a Repub- out the slanderous caricatures from the solid gress to repeal an important part of the Vot- lican Senate have neither the will nor a way characters. It is why we rose strongly to the ing Rights Act. to challenge and defeat most of them. defense last year of Western Pennsylvania’s Moderates in the Senate and in the legal Instead, the Democrats have picked their D. Brooks Smith, a Republican nominee who community have repeatedly called on the shots—and they should continue to do that. was eventually confirmed for an appeals Bush administration to stop trying to stack Contrary to his protestations, Bush has court seat after seeing his record distorted the federal judiciary with far-right partisans had tremendous success. In his first 28 by liberal special-interest groups. like Mr. Pryor. But the White House and its months of office, the Senate has approved 121 One trouble with crying wolf is that, just supporters have chosen instead to lash out at of his nominations—better than President as in the old story, sometimes a real wolf these reasonable critics. In a shameful bit of Clinton averaged over his administration. turns up. Such a one is Alabama Attorney demagoguery, a group founded by Boyden Bush has named one out of seven active fed- General Bill Pryor, whom The Washington Gray, a White House counsel under the first eral judgeships. Post observed in an editorial ‘‘is a parody of President George Bush, has run newspaper What’s at stake is whether Bush will be what Democrats imagine Bush to be plotting ads accusing Mr. Pryor’s critics in the Sen- able to stuff the federal courts with judges for the federal courts.’’ ate of opposing him because he is Catholic. narrow in their view of minority and wom- If Mr. Pryor is confirmed for a seat on the At today’s committee meeting, much of en’s rights, staunch in opposition to abor- 11th U.S. Circuit Court of Appeals, he will be the attention will be on Arlen Spector, the tion, and intent on overturning decisions well placed to begin preying on a number of Pennsylvania Republican who could cast the that have been long accepted by the courts settled legal precedents and doctrines. Roe v. deciding vote. Mr. Specter owes it to his con- and the public. Wade? ‘‘The worst abomination in the his- Individuals like James Leon Holmes, nomi- stituents to break with the White House and nated to a federal court in Arkansas, who tory of constitutional law’’ in the United vote against Mr. Pryor, whose extremist has written that the role of a woman ‘‘is to States, he said. Separation of church and views are out of step with most Pennsylva- place herself under the authority of the state? He’s cozy with the religious right, so nians’. Standing up for an independent, non- man.’’ And Alabama Attorney General Bill he looks favorably on such things as the dis- ideological judiciary is an urgent cause, and Pryor, who characterized Roe v. Wade, the play of the Ten Commandments on public one that should find support on both sides of decision establishing a right to an abortion, property. Protect the environment? Mr. the aisle. as ‘‘the worst abomination of constitutional Pryor thinks the feds should get out of that law in our history.’’ business and leave it to the states. [From the Charleston Gazette, June 30, 2003] The latest troubling nomination is that of And so it goes with this reactionary’s reac- EXTREMIST FAR-RIGHT NOMINEE tionary, who would be in the mainstream Los Angeles Superior Court Judge Carolyn President Bush hopes to pack the federal only if it were far to the right. Kuhl to the 9th Circuit Court of Appeals. judiciary with numerous ultraconservative On Thursday, the Senate Judiciary Com- That court is the ultimate authority, save appointees who eventually will revoke wom- mittee put off voting on Mr. Pryor’s nomina- for the U.S. Supreme Court, for a huge swath en’s right to choose abortion—a goal of the tion amid concerns raised about his fund- of the West, including California. Republican national platform—and make As an eager young lawyer in the Reagan raising activities for the Republican Attor- other legal changes desired by the party’s administration, Kuhl fought the IRS to re- neys General Association, specifically focus- ‘‘religious right’’ wing. tain a tax-exempt status for Bob Jones Uni- ing on how accurately he answered the com- Many of the White House appointees are versity despite its record of religious and ra- mittee’s questions. evasive about their personal views when cial discrimination. The Supreme Court This is no small matter, but it was dis- questioned at Senate confirmation hearings. later overturned that decision 8–1. As a dep- missed as ‘‘pure politics, pure and simple’’ by But one of them, Alabaman William Pryor, uty attorney general, she co-wrote a brief Committee Chairman Sen. Orrin Hatch, R- nominated to the Atlanta circuit court, has calling on the Supreme Court to overturn Utah. In a sense, he was right, except that such an inflammatory record that he can’t Roe. v. Wade. Three years ago, she dismissed the process began in the White House. This hide his extreme beliefs. the suit of a breast-cancer patient who nomination is entirely political, meant to He told the senators that allowing women claimed a violation of privacy after a drug- curry favor with President Bush’s right-wing to choose abortion is ‘‘morally wrong’’ and company salesman watched her examination constituency. this freedom has caused ‘‘the slaughter of without her permission. That appallingly in- The delay represents an opportunity for millions of unborn children.’’ He said he once sensitive ruling was also overturned. Pennsylvania’s Sen. Arlen Specter, who has refused to take his family to Disney World Kuhl has plenty of supporters among law- a reputation for reason and moderation but on a day that gays attended, because his per- yers, including Democrats, who say she’s a has been fretting for days about exposing his sonal ‘‘value judgment’’ dictated it. good trial judge. If so, that’s where she flank to a right-wing challenger in the pri- In the past, he has sneered at the U.S. Su- should stay—not placed on an appeals court mary. Whatever happens with the fund-rais- preme Court as ‘‘nine octogenarian lawyers’’ where decisions are binding an all lower ing questions. Sen. Specter and the others because the justices delayed an execution courts. have before them a self-confirming stereo- Both home state senators, Barbara Boxer that Pryor desired. type who should be opposed. and Dianne Feinstein, oppose Kuhl’s appoint- The New York Times commented: ment; traditionally, that’s been enough to ‘‘As Alabama attorney general, Mr. Pryor [From the New York Times, July 23, 2003] sink a nomination. But Senate Republicans has turned his office into a taxpayer-fi- are pushing ahead, after slipping by the Ju- AN EXTREMIST JUDICIAL NOMINEE nanced right-wing law firm. He has testified diciary Committee on a party-line vote. The Senate Judiciary Committee could to Congress in favor of dropping a key part Democrats have used the filibuster to vote as early as today on the nomination of of the Voting Rights Act. In a Supreme delay two nominations to federal appeals the Alabama attorney general, William Court case challenging the Violence Against courts, that of Washington attorney Miguel Pryor, to a federal appeals court judgeship. Women Act, 36 state attorneys general urged Estrada and Texas Supreme Court Justice Mr. Pryor is among the most extreme of the the court to uphold the law. Mr. Pryor was Priscilla Owen. Bush administration’s far-right judicial the only one to argue that the law was un- Bush deserves the right to appoint capable, nominees. If he is confirmed, his rulings on constitutional. This term, he submitted a smart, conservative judges. But senators civil rights, abortion, gay rights and the sep- brief in favor of a Texas law that makes gay must exercise their constitutional veto over aration of church and state would probably sex illegal, comparing it to necrophilia, bes- nominees whose values and judicial philos- do substantial harm to rights of all Ameri- tiality, incest and pedophilia. . . . ophy are way out of the mainstream. cans. Senators from both parties should op- ‘‘If a far-right legal group needs a lawyer pose his confirmation. to argue extreme positions against abortion, [From the Pittsburgh Post-Gazette, July 20, Mr. Pryor, who has been nominated for a women’s rights, gay rights and civil rights, 2003] seat on the Federal Court of Appeals for the Mr. Pryor may be a suitable candidate. But NOT FIT FOR THE BENCH 11th Circuit, based in Atlanta, has views that he does not belong on the federal bench.’’ ALABAMA’S PRYOR IS A WALKING STEREOTYPE fall far outside the political and legal main- Where on Earth does Bush find such nar- The problem with Senate Republicans dur- stream. He has called Roe v. Wade, the land- row-minded nominees—from TV evangelist ing the Clinton administration was that they mark abortion-rights ruling, ‘‘the worst shows? It will be tragic if America’s federal

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20151 courts become dominated by one-sided, puri- This ideologue is also delusional. Pryor be- licans, the Leadership Conference on tanical judges far out of step with the major- lieves that only guilty people are executed in Civil Rights, the Alliance for Justice, ity of people. this country. The judicial system, he said, NARAL and many others have provided Senate Democrats are threatening filibus- has ‘‘extraordinary safeguards, many safe- the committee with their concerns and ters to block the worst of Bush’s judicial ap- guards.’’ Further, he said, ‘‘the system pointees. Republicans want to change Senate catches errors.’’ the basis for their opposition. We have rules, banning filibusters when judges are up One of the benefits of nominating a right- received letters of opposition from or- for confirmation. We hope that West Vir- winger like Pryor is that the president gets ganizations that rarely take positions ginia’s senators, Robert C. Byrd and Jay valuable political points for it. Even if Pryor on nominations but feel so strongly Rockefeller, do their utmost to hold the line is not confirmed by the Senate, and he about this one that they are compelled against extremist judges. should not be, the president still wins. In to write, including the National Senior this age of cynical politics, Bush will get Citizens’ Law Center, the Anti-Defama- [From the Arizona Daily Star, June 14, 2003] credit among the most distasteful elements tion League and the Sierra Club. I ask DENY THE IDEOLOGUE of his party for nominating one of their own for a seat on the bench. It will serve him well unanimous consent to print a list of President Bush continues his quest to pack the letters of opposition we have re- the American judicial system with ideologi- when he runs for re-election. ceived in the RECORD. cally driven, conservative activists who sim- ply are unfit to take a seat on the nation’s [From the Los Angeles Times, June 30, 2003] There being no objection, the mate- appellate courts. The latest is William H. SKEWED PICTURE OF AMERICA rial was ordered to be printed in the Pryor, the Alabama Attorney General. By nominating William H. Pryor Jr. to the RECORD, as follows: Pryor’s nomination to the 11th Circuit federal appeals court, George Bush has de- LETTERS OF OPPOSITION TO THE NOMINATION Court of Appeals is outrageous. It is de- clared that the Alabama attorney general is OF BILL PRYOR, TO THE 11TH CIRCUIT COURTS signed, as are the president’s other ideolog- not only qualified to sit on the nation’s sec- OF APPEAL ical nominations, to appeal to the base in- ond-highest court but is the kind of judge ELECTED OFFICIALS stincts of the right-wing, conservative Chris- most Americans want. Senators should re- Congressional Black Caucus. tian element of the Republican Party. ject this implausible assessment. Pryor makes no attempt to distance him- Even though the Senate has already con- PUBLIC INTEREST ORGANIZATIONS self from his outlandish comments. He has firmed 132 judges, pushing court vacancies to Ability Center of Greater Toledo, Access said that if a Texas law outlawing homo- a 13-year low, the White House still com- Now, Inc., ADA Watch, AFL-CIO, AFSCME, sexual sex were overturned, it would open plains about delays. Go-along-to-get-along Alliance for Justice, Americans for Demo- the door to legalized ‘‘prostitution, adultery, Republicans may want to approve Pryor cratic Action, American Association of Uni- necrophilia, bestiality, possession of child rather than buck their president. versity Women, Americans United for Sepa- pornography and even incest and But the appointment of Pryor, 41, to a life- ration of Church and State, Anti-Defamation pedophilia.’’ time seat on the U.S. Court of Appeals would League, B’nai B’rith International, Cali- That statement is breathtakingly bigoted. be an endorsement of an ominous view of fornia Council of the Blind, California Foun- But Pryor is a multi-dimensional ideo- American law. At this month’s Senate Judi- dation for Independent Living Centers. logue. Here’s his stance on Roe v. Wade, the ciary Committee hearing, he defended—even Citizens for Consumer Justice of Pennsyl- Supreme Court decision allowing abortion: amplified on—his disturbing views. His can- vania letter also signed by: PennFuture, Si- The law is ‘‘an abominable decision’’ and dor is refreshing but it leaves squirming sen- erra Club, NARAL-Pennsylvania, National ‘‘the worst abomination in the history of ators no cover. Women’s Political Caucus, PA, United Penn- constitutional law.’’ He opposes abortion ‘‘Congress . . . should not be in the busi- sylvanians. even in the case of rape. ness of public education nor the control of Coalition For Independent Living Options, Though these are his personal opinions street crime,’’ he has argued, a position at Inc., Coalition To Stop Gun Violence, Dis- about legal decisions, he says, he would up- odds with Bush’s education initiative and abled Action Committee, Disability Re- hold the law as an appellate court judge. support for beefed-up law enforcement and source Agency for Independent Living, That is disingenuous, at best. He admitted tougher criminal penalties. Stockton, CA, Disability Resource Center, during a Senate hearing that in a meeting Pryor contends that the Constitution does North Charleston, SC, Eastern Paralyzed with a conservative group, he ended by say- not grant the federal government power to Veterans Association, Jackson Heights, NY, ing a ‘‘prayer for the next administration: protect the environment. He regards Roe vs. Eastern Shore Center for Independent Liv- Please, God, no more Souters.’’ Wade, the 1973 Supreme Court decision up- ing, Cambridge, MD. David Souter, a Supreme Court justice ap- holding the legal right to an abortion, as Environmental Coalition Letter signed by: pointed by the first President Bush, is widely ‘‘the worst abomination of constitutional American Planning Association, Clean Water scourned by conservatives because he is a law in our history’’ and hopes that the land- Action, Coast Alliance, Community Rights moderate rather than a conservative Su- mark ruling will be overturned. Counsel, Defenders of Wildlife, EarthJustice, preme Court justice. He would urge repeal of the 1965 Voting Endangered Species Coalition, Friends of the Only once during questioning before the Rights Act requirement that the federal gov- Earth, National Resources Defense Council, Senate Judiciary hearing on his nomination ernment review state and local changes to The Ocean Conservancy, Oceana, Physicians did Pryor backtrack on previous remarks. He voting procedures that may affect minori- for Social Responsibility, Sierra Club, U.S. admitted he made an inappropriate remark ties. It’s ‘‘an affront to federalism and an ex- Public Interest Research Group, The Wilder- when he referred to the Supreme Court as pensive burden,’’ Pryor believes. ness Society, Alabama Environmental Coun- ‘‘nine octogenarian lawyers who happen to Before the Supreme Court last week struck cil, Alliance for Affordable Energy, Buckeye sit on the Supreme Court.’’ He made the down Texas’ anti-sodomy statute, he argued Forest Council, Capitol Area Greens, Citi- comment after the Court issued a stay of for upholding that law and another like it in zens Coal Council, Committee for the Preser- execution in his state. The stay was issued in Alabama. If the Constitution protects the vation of the Lake Purdy Area, Dogwood Al- order to determine whether the use of the choice of a sexual partner, he contends, it liance, Foundation for Global Sustainability, electric chair was unconstitutional. also permits ‘‘prostitution, adultery, Friends of Hurricane Creek, Friends of Rural His background also includes efforts to necrophilia, bestiality . . . and even incest Alabama, Kentucky Resources Council, Inc., allow students-led prayers in schools; de- and pedophilia.’’ He also believes that the 1st Landwatch Monterey County, Sand Moun- fense of an Alabama judge who displays the Amendment’s establishment clause should tain Concerned Citizens, Southern Appa- 10 Commandments in his courtroom; and permit a two-ton granite representation of lachian Biodiversity Project, Tennessee En- support of Alabama prison guards who hand- the Ten Commandments to sit in an Ala- vironmental Enforcement Fund, cuff prisoners to hitching posts during the bama courthouse. Waterkeepers Northern California, Wis- summer. These views and Pryor’s lack of judicial ex- consin Forest Conservation Task Force. Civil rights activists signed a letter argu- perience caused the American Bar Assn. to Feminist Majority, Heightened Inde- ing against Pryor’s confirmation. The letter splinter over his fitness for the appeals seat. pendent & Progress, Houston Area Rehabili- said the group was alarmed that Pryor ‘‘. . . With the Senate already having confirmed tation Association, Human Rights Cam- is not only an avowed proponent of the mod- so many of Bush’s picks for the federal paign, Independent Living Center of South- ern states rights movement, now called fed- bench, there’s no argument for this unquali- ern California, Inc., Independent Living Re- eralism, but he has also asked Congress to fied nominee. source Center, Ventura, CA, Interfaith Alli- ‘repeal or amend’ Section 5 of the Voting ance. Rights Act, which he said is an ‘affront to Mr. LEAHY. We have also heard from Justice for All letter signed by the fol- federalism.’ ’’ The section requires Justice a number of organizations and individ- lowing California organizations: Southern Department approval to changes in voting uals concerned about justice before the California Americans for Democratic Action, procedures made by states. Federal courts. The Log Cabin Repub- California Abortion and Reproductive Rights

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20152 CONGRESSIONAL RECORD—SENATE July 30, 2003 Action League, California Women’s Law Cen- King, Jr.; Rev. Abraham Woods, Southern lations. Mr. Pryor’s aggressive involve- ter, Committee for Judicial Independence, Christian Leadership Conference; Thomas ment in this ‘‘federalist revolution’’ Democrats.Com of Orange County, San Diego Wrenn, Chair, Civil Rights Activist Com- shows that he is a goal-oriented, activ- Democratic Club, National Center for Les- mittee, 40th Year Reunion; Sherrill Marcus, ist conservative who has used his offi- bian Rights, National Council of Jewish Chair, Student Committee for Human Rights Women/Los Angeles, California National Or- (Birmingham Movement, 1963); Dick Greg- cial position to advance his ‘‘cause.’’ ganization for Women, Planned Parenthood ory, Humorist and Civil Rights Activist; Alabama was the only State to file an Los Angeles County Advocacy Project, Pro- Martin Luther King, III, National President, amicus brief arguing that Congress gressive Jewish Alliance, Public Advocates, Southern Christian Leadership Conference; lacked authority to enforce the Clean Inc., Rock the Vote Educational Fund, Mrs. Johnnie Carr, President, Montgomery Water Act. He argued that the Con- Stonewall Democratic Club, Unitarian Uni- Improvement Association (1967–Present) stitution’s commerce clause does not versalist Project Freedom of Religion, Work- (Martin Luther King, Jr. was the Associa- grant the Federal Government author- men’s Circle/Arbeter Ring, Lake County Cen- tion’s first President. The Association was ity to prevent destruction of waters ter for Independent Living, IL, Leadership established in December, 1955 in response to Conference on Civil Rights, Log Cabin Re- Rosa Park’s arrest.) and wetlands that serve as a critical habitat for migratory birds. While this publicans, MALDEF, NAACP, NARAL Pro- OTHER Choice America, National Abortion Federa- is a sign to most people of the extre- H.J. Bobb, Defiance, OH; Davis Budd, Sr, mism, Mr. Pryor trumpets his involve- tion, National Association of Criminal De- Defiance, OH; Don Beryl Fago, Evansville, fense Lawyers, National Council of Jewish WI; Daily Dupre, Jr., Lafayette, LA; Greg ment in these cases and is proud of his Women, National Council of Jewish Women Jones, Parsons, KS; Catherine Koliha, Boul- work to limit Congress’s authority. Chapter in Florida, Alabama and Georgia, der, CO; Ashley Lemmons, Defiance, OH; Re- Bill Pryor’s passion is not some ob- National Disabled Students Union, National becca Lindemann, Defiance, OH; Patricia scure legal theory but something in Employment Lawyers Association, National Murphy, Juneau, AK; Randy Wagoner, loca- which he has believed deeply since he Family Planning & Reproductive Health As- tion unknown; Rabbi Zev-Hayyim Feyer, was a student and something that sociation, National Partnership for Women & Murrieta, CA. Families, National Resource Defense Coun- guides his actions as a lawyer. Mr. Pry- cil, National Senior Citizens Law Center, Na- Mr. LEAHY. The ABA’s evaluation or’s speeches and testimony before tional Women’s Law Center, New Mexico also indicates concern about this nomi- Congress demonstrate just how deeply- Center on Law and Poverty, Albuquerque, nation. Their Standing Committee on rooted his views are, how much he NM, Options Center for Independent Living, the Federal Judiciary gave Mr. Pryor a seeks to effect a fundamental change People for the American Way, Pennsylvania partial rating of ‘‘not qualified’’ to sit in the country, and how far outside the Council of the Blind, Placer Independent Re- on the Federal bench. Of course this is mainstream his views are. Mr. Pryor’s source Services, Planned Parenthood Federa- not the first ‘‘not qualified’’ rating or tion of America, Protect All Children’s Envi- judicial ideology is something in which ronment, Marion, NC, Religious Action Cen- partial ‘‘not qualified’’ rating that this he deeply believes, not just an argu- ter of Reform Judaism, SEIU, Sierra Club, administration’s judicial nominees ment that he makes as a lawyer. Society of American Law Teachers, Summit have received. As of today, 20 of Presi- Mr. Pryor is candid about the fact Independent Living Center, Inc., Missoula, dent Bush’s nominees have received that his view of federalism is different MT, Tennessee Disability Coalition, Nash- some form of ‘‘not qualified’’ rating. from the current operation of the Fed- ville, TN, Vermont Coalition for Disability Perhaps that is a reflection of the ideo- eral Government—and that he is on a Rights. logical basis for so many of these nomi- mission to change the Government to LETTERS FROM THE 11TH CIRCUIT nations, and the concern on the part of fit his vision. His goal is to continue to Joseph Lowery, Georgia Coalition for the some on what has been a rather com- limit Congress’s authority to enact Peoples’ Agenda, NAACP, Alabama State pliant ABA committee that these laws under the 14th amendment and Conference, Alabama Chapter of the Na- nominees cannot be fair to every liti- the commerce clause—laws that pro- tional Conference of Black Lawyers, Ala- gant who may come before them. tect women, ethnic and racial minori- bama Hispanic Democratic Caucus, Hispanic Interest Coalition of Alabama, Latinos Like Jeff Sutton, Bill Pryor has been ties, senior citizens, the disabled, and Unidos De Alabama, Jefferson County Pro- a crusader for the federalist revolution, the environment—in the name of sov- gressive Democratic Council, Inc., Morris but Mr. Pryor has taken an even more ereign immunity. Is there any question Dees, Co-Founder and Chief Trial Counsel, prominent role. Having hired Mr. Sut- that he would pursue his agenda as a Southern Poverty Law Center, Bryan Fair, ton to argue several key federalism judge on the Eleventh Circuit Court of Professor of Constitutional Law at Univer- cases in the Supreme Court, Mr. Pryor Appeals—reversing equal rights sity of Alabama, Tricia Benefield, Cordova, is the principal leader of the federalist progress and affecting the lives of mil- AL, Judy Collins Cumbee, Lanett, AL, Mi- movement, promoting State power lions of Americans for decades to chael and Becky Pardoe, Mobile, AL, Harold Sorenson, Rutledge, AL, Patricia Cleveland, over the Federal Government. come? Munford, AL, Larry Darby, Montgomery, A leading proponent of what he refers His strong views against providing AL, Sisters of Mercy letter signed by Sister to as the ‘‘federalism revolution,’’ Mr. counsel and fair procedures for death Dominica Hyde, Sister Alice Lovette, Sister Pryor seeks to revitalize State power row inmates have led Mr. Pryor to Suzanne Gwynn, Ms. Cecilia Street and Sis- at the expense of Federal protections, doomsday predictions about the rel- ter Magdala Thompson, Mobile, AL. seeking opportunities to attack Fed- atively modest reforms in the Inno- LETTER SUBMITTED BY CIVIL RIGHTS MOVEMENT eral laws and programs designed to cence Protection Act to create a sys- VETERANS guarantee civil rights protections. He tem of competent counsel. When the Rev. Fred Shuttlesworth, Leader, Bir- has urged that Federal laws on behalf U.S. Supreme Court questioned the mingham Movement; Rev. C.T. Vivian, Exec- of the disabled, the aged, women, mi- constitutionality of Alabama’s method utive Staff for Dr. Martin Luther King, Jr.; norities, and the environment all be of execution in 2000, Mr. Pryor lashed Dr. Bernard LaFayette, Executive Staff for limited. out at the Supreme Court, saying Dr. Martin Luther King, Jr.; Rev. Kim He has argued that the Federal ‘‘[T]his issue should not be decided by Lawson, Jr., Advisor to Dr. Martin Luther King, Jr.; President of Southern Christian courts should cut back on the protec- nine octogenarian lawyers who happen Leadership Conference (Los Angeles); Rev. tions of important and well-supported to sit on the U.S. Supreme Court.’’ James Bevel, Executive Staff or Dr. Martin federal laws including the Age Dis- Aside from the obvious disrespect this Luther King, Jr.; Rev. James Orange, Orga- crimination in Employment Act, the comment shows for this Nation’s high- nizer for National Southern Christian Lead- Americans with Disabilities Act, the est Court, it shows again how results- ership Conference; Claud Young, M.D., Na- Civil Rights Act of 1964, the Clean oriented Mr. Pryor is. Of course an tional Chair, Southern Christian Leadership Water Act, the Violence Against issue about cruel and unusual punish- Conference; Rev. E. Randel T. Osbourne, Ex- Women Act, and the Family and Med- ment ought to be decided by the Su- ecutive Director, Southern Christian Leader- ship Foundation. ical Leave Act. He has repudiated dec- preme Court. It is addressed in the Rev. Joseph Ellwanger, Alabama Move- ades of legal precedents that permitted eighth amendment, and whether or not ment Activist and Organizer; Dorothy Cot- individuals to sue States to prevent we agree on the ruling, it is an elemen- ton, Executive Staff for Dr. Martin Luther violations of Federal civil rights regu- tary principle of constitutional law

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20153 that it be decided by the Supreme that he would ‘‘follow the law.’’ But his Mr. DORGAN. Mr. President, reserv- Court, no matter how old its members. deeply held and intense commitment ing the right to object. Mr. Pryor has also vigorously op- to overturning established Supreme Mr. DOMENICI. Object to what? posed an exemption for persons with Court precedent that protects funda- Mr. HATCH. You cannot object. mental retardation from receiving the mental privacy rights makes it impos- Mr. DORGAN. Does the Senator from death penalty, exhibiting more cer- sible to give his promises any credence. Utah, does the chairman of the com- tainty than compassion. He authored Bill Pryor has expressed his opposi- mittee, have the opportunity to yield an amicus curiae brief to the Supreme tion to fair treatment of all people re- the floor to another Member of the Court arguing that the Court should gardless of their sexual orientation. Senate? not declare that executing mentally re- The positions he took in a brief he filed The PRESIDING OFFICER. He does tarded persons violated the eighth in the recent Supreme Court case of not. amendment. After losing on that issue, Lawrence v. Texas were entirely repu- Mr. DORGAN. What did the Senator Mr. Pryor made an unsuccessful argu- diated by the Supreme Court majority from Utah just try to do? ment to the eleventh circuit that an just a few weeks ago when it declared Mrs. FEINSTEIN. It was a nice thing. Alabama death-row defendant is not that the ‘‘The petitioners are entitled Mr. HATCH. I ask unanimous consent mentally retarded. to respect for their private lives. The that the distinguished Senator from Mr. Pryor has spoken harshly about State cannot demean their existence or California be recognized for 15 minutes. the moratorium imposed by former Il- control their destiny by making their The PRESIDING OFFICER. Is there linois Governor George Ryan, calling it private conduct a crime.’’ Mr. Pryor’s objection? a ‘‘spectacle,’’ and saying that it will belief is the opposite. He would deny Mr. DORGAN. I object. Mr. DOMENICI. Reserving the right ‘‘cost innocent lives.’’ How can some- certain Americans the equal protection to object, I want to say to everyone one so sure of his position be relied of the laws, and would subject the most who is listening, in case you are con- upon to hear these cases fairly? Over private of their behaviors to public reg- the last few years, many prominent fused, we are not on the Energy bill. ulation. The PRESIDING OFFICER. The Sen- Americans have begun raising concerns Mr. Pryor’s comments have revealed ator from Utah has the floor. about the death penalty, including cur- an insensitivity to the barriers that Mrs. FEINSTEIN. Mr. President. rent and former supporters of capital disadvantaged persons and members of The PRESIDING OFFICER. The Sen- punishment. For example, Justice minority groups and women continue ator from Utah has the floor. O’Connor recently said there were ‘‘se- to face in the criminal justice system. Is there an objection to the unani- rious questions’’ about whether the In testimony before Congress, Bill mous consent request of the Senator death penalty is fairly administered in Pryor has urged repeal of Section 5 of from Utah? the United States, and added: ‘‘[T]he the Voting Rights Act the centerpiece Mr. DORGAN. I object. system may well be allowing some in- of that landmark statute because, he The PRESIDING OFFICER. There is nocent defendants to be executed.’’ In says, it ‘‘is an affront to federalism and an objection. response to this uncertainty, Mr. Pryor an expensive burden that has far out- Mr. HATCH. Mr. President, let me offers us nothing but his steadfast be- lived its usefulness.’’ That testimony take the floor. I am going to yield the lief that there is no problem with the demonstrates that Mr. Pryor is more floor in just a second. application of the death penalty. This concerned with preventing an ‘‘af- I expect the distinguished Senator is a position that cannot possibly offer front’’ to the States’ dignity than with from California to be recognized so she a fair hearing to a defendant on death guaranteeing all citizens the right to can take 15 minutes. Then I am going row. cast an equal vote. It also reflects a to warn the Senate, right now, the Mr. Pryor’s troubling views on the long-discredited view of the Voting minute she is through, I want the floor criminal justice system are not limited Rights Act. Since the enactment of the back, and I have a right to have it as to capital punishment. He has advo- statute in 1965, every Supreme Court the leader on the majority side. Am I cated that counsel need not be provided case to address the question has re- right, parliamentarily? to indigent defendants charged with an jected the claim that Section 5 is an The PRESIDING OFFICER. The Sen- offense that carries a sentence of im- ‘‘affront’’ to our system of federalism. ator from Utah is seeking recognition. prisonment if the offense is classified Whether under Earl Warren, Warren He has priority of recognition as the as a misdemeanor. The Supreme Court Burger, or William Rehnquist, the majority manager. nonetheless ruled that it was a viola- United States Supreme Court has rec- Mr. DORGAN. Mr. President, par- tion of the sixth amendment to impose ognized that guaranteeing all citizens liamentary inquiry. a sentence that included a possibility the right to cast an equal vote is essen- The PRESIDING OFFICER. The Sen- of imprisonment if indigent persons tial to our democracy not a ‘‘burden’’ ator from North Dakota will state his were not afforded counsel. that has ‘‘outlived its usefulness.’’ parliamentary inquiry. Like Carolyn Kuhl, Priscilla Owen, On all of these issues, the environ- Mr. DORGAN. Mr. President, the and Charles Pickering, Bill Pryor is ment, voting rights, women’s rights, Senator from Utah stated that when he hostile to a woman’s right to choose. gay rights, federalism, and more, Wil- finishes his presentation, he expects There is every indication from his liam Pryor’s record of activism and ad- the Senator from California to be rec- record and statements that he is com- vocacy is clear. That is his right as an ognized, after which he expects to be mitted to reversing Roe v. Wade. Mr. American citizen, but it does not make recognized. Pryor describes the Supreme Court’s him fit to be a judge or likely to be fair Does the Senator from Utah have a decision in Roe v. Wade as the creation on such issues. I think the length and right to yield the floor to the Senator ‘‘out of thin air [of] a constitutional level of his devotion to these issues from California? right,’’ and opposes abortion even in creates a situation in which his impar- Mr. HATCH. I didn’t do that. cases of rape or incest. tiality on such issues would reasonably The PRESIDING OFFICER. He does Mr. Pryor does not believe Roe is be questioned by litigants in his court. not have the right to yield the floor, sound law, neither does he give cre- He should not be confirmed to the but he did not propose that as a unani- dence to Planned Parenthood v. Casey. United States Court of Appeals for the mous consent request. He has said that, ‘‘Roe is not constitu- Eleventh Circuit. Mr. DORGAN. Mr. President, the tional law,’’ and that in Casey, ‘‘the Mr. HATCH. I yield to the distin- Senator from Utah has priority rec- court preserved the worst abomination guished Senator from California, and I ognition as manager of the bill. He of constitutional law in our history.’’ intend to take the floor as soon as she may seek the floor on that basis fol- When Mr. Pryor appeared before the is through. lowing the presentation by the Senator committee, he repeated the mantra of The PRESIDING OFFICER. Is there from California, not by prearrange- those who desire confirmation, saying objection? ment, however; is that correct?

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20154 CONGRESSIONAL RECORD—SENATE July 30, 2003 The PRESIDING OFFICER. That is that clear: 140 nominations have gone pointments then go on and do just correct. through. Just today we had a hearing what they want, regardless of what Mr. DORGAN. Thank you. in the morning. I introduced two Cali- they said. So it is of some concern to The PRESIDING OFFICER. The Sen- fornia judges who were going through us. ator from California is recognized. in a 4-month period of time, new judges I hope these accusations will stop. I Mrs. FEINSTEIN. Mr. President, produced because the chairman and the hope we can focus on the merits of each thank you very much. I thank the ranking member agreed there was a nominee, not on baseless allegations chairman of the committee and I thank very heavy caseload in San Diego and against Members of the Senate who are the ranking member. there should be a number of new trying to do their constitutional du- I have served on this committee for judges. They were nominated in May. ties. 10 years. I love this committee. The Already these judges have had their Presiding Officer serves on this com- I am very concerned because, to date, hearing. So good things do happen. not a single Member on the other side mittee. It is a challenging committee. However, each time we have opposed It is particularly challenging for me has said they believe these ads are a nominee, there has been bias used as baseless, have said they know we do because I am a nonlawyer. I have had a a rationale for those who do not agree great opportunity to work across the not practice this kind of decision- with us, to purport that bias is part of making. No one has disavowed these aisle on any number of different pro- our rationale. It happened with an posals with the chairman of the com- ads. anti-Hispanic charge with Miguel mittee, with the Senator from Arizona, So I call on the committee to dis- Estrada, an anti-woman charge with Mr. KYL, with Senator LINDSEY GRA- avow these ads. I call on the adminis- Priscilla Owen, an anti-Baptist charge HAM, with others. I have enjoyed it. tration to disavow these ads. And I call with Charles Pickering, and now with There has always been a spirit of on them to set the record straight. William Pryor an anti-Catholic charge. collegiality. There was a time in our history when You have no idea what happens when However, that spirit of collegiality is the phrase ‘‘Catholics need not apply’’ this begins to circulate throughout the at a crossroads. Something very ugly was used to keep countless qualified electorate. People do not know exactly has been injected. It has to do with this Americans from pursuing the American what goes on. It is a dastardly thing to nominee, and it has to do with cir- dream. The same can be said for ‘‘no do. In a sense it is scurrilous, because cumstances around this nominee. I will Jews need apply’’ and ‘‘no Irish need it caters to the basic insecurity of all spend a few moments discussing them. apply.’’ And, much like Justice Sandra of us who share a religion that may be This kind of thing that has been going Day O’Connor, when she first looked different from someone else’s. So it has on has to stop. for her first job and I first looked for a truly insidious quality to it. Last week, the Democratic members my first job, really ‘‘women need not To call us antiwoman—I don’t have of the committee were accused by out- apply.’’ to tell you how bizarre it is for me to side groups, and even some of our col- In fact, I lost my first job to a man leagues on the committee, of applying be called antiwoman. And to say we have set a religious litmus test is real- who was less qualified than I, but I was an anti-Catholic religious litmus test a woman and I had a small child and at on the nomination of William Pryor. ly equally false. Many of us have concerns about that time that was not much coin of These charges are false. They are base- the realm to get a job. So I was beaten less. They are offensive. And they are nominees sent to the Senate who feel so very strongly, and sometimes stri- out many times by men who were less beneath the dignity of a Senate com- qualified—had less academic experi- mittee tasked with making very im- dently, and often intemperately about certain political beliefs and who make ence, less graduate experience, et portant decisions on the future of the cetera. Federal judiciary. intemperate statements about those These were dark times in American We have heard a lot about the ad. I beliefs. So we raise questions about history and many of us in this body re- never thought I would see an ad like whether those nominees can be truly this. It is a rather insidious ad. I will impartial, particularly when the law member those times. But every one of not show it, but I will describe it. It is conflicts with those beliefs. us should be absolutely committed to two courtroom doors. Atop it says ‘‘Ju- It is true that abortion rights can preventing those days from ever recur- dicial Chambers.’’ On the doorknob often be at the center of these ques- ring. What this is a sign of is that hangs a sign that says ‘‘Catholics Need tions. As a result, accusations have those days are beginning to occur Not Apply.’’ When I saw this ad, I been leveled that any time reproduc- again. thought we were going back decades. tive choice becomes an issue, it acts as I hope we do not see political cheap- When I saw this ad, I thought: Uh-oh, if a litmus test against those whose reli- shot artists bringing painful phrases there is one thing I know—and I have gion causes them to be anti-choice. But back for the purposes of intimidating watched cities polarized, I have seen pro-choice Democrats on this com- Senators and stacking Federal courts. assassinations result from the polariza- mittee have voted for many nominees We should be above that in this debate. tion—I know what happens when peo- who are anti-choice and who believe This is the Senate, as the distinguished ple seek to divide. One of the easiest that abortion should be illegal, some of Senator from Nevada has said, and our ways to divide is to use race or religion whom may even have been Catholic. I constitutional duty should not be in an adverse manner. That is what do not know because I have never in- marred by false allegations or intimi- this ad sought to do. It sought to di- quired. dating political tactics. Our Nation’s vide. So this truly is not about religion. history in fighting bigotry of all kinds Then I watched C–SPAN the other This is about confirming judges who must continue. I urge my colleagues night. I saw clergy discussing the ad. I can be impartial and fair in the admin- very sincerely to condemn these tac- saw them beginning to believe that re- istration of justice. I think when a tics and move on to debating the mer- ligious litmus tests were being used by nominee such as William Pryor makes its of controversial nominees. the Judiciary Committee. Now, in fact, inflammatory statements and evi- Now a second event at the Pryor that has never been the case. dences such strongly held beliefs on a markup also disturbed me greatly and Senator SCHUMER pointed out during whole variety of core issues, it is hard was especially troubling because we Mr. Pryor’s markup in the committee for many of us to accept that he can faced a repeated refusal to acknowl- that this kind of thing is becoming set aside those beliefs and act as an im- edge the clear application of a long- somewhat of a pattern. Once it be- partial judge—particularly because he standing committee rule on ending de- comes a pattern, no one really knows is very young, 41; particularly because bate. Without the violation of the rule, where it goes. this is a lifetime appointment; and par- Mr. Pryor would still be before the Ju- We have not opposed a lot of nomi- ticularly because we have seen so many diciary Committee, as I deeply believe nees. The ranking member has made people who have received lifetime ap- he should be.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20155 The Judiciary Committee rules con- for the civil rights division, there was about which none of us knew existed tain a clause known as Rule 4 that pre- some fear that Republicans, who had when we had the hearing on the nomi- vents closing off debate on a nominee the votes to defeat the nomination nee. unless at least one member of the mi- would move directly to a vote and pre- On the merits, this is a nominee who nority agrees to do so. vent any debate on the issue at the has been before us for just a few It isn’t used a lot but it has been used markup. Democrats, on the other hand, months. before when I have been on the com- wanted the chance to explain their po- I mentioned the investigation. I men- mittee. sition, and maybe even try to change tioned rule 4. But let me go into a cou- During debate on the Pryor nomina- some minds on the other side. ple of the merits from our side and tion, the Ranking Member attempted During that markup, then, there was from our point of view. to invoke this rule because members of significant discussion about what rule He used his position as Attorney the minority did not believe that an 4, the rule about cutting off debate, General to limit the scope of crucial ongoing investigation into Mr. PRYOR’s really means. At one point, it is inter- civil rights laws like the Violence nomination had been given sufficient esting to note, Chairman HATCH him- Against Women’s Act, the Age Dis- time. self commented that: crimination In Employment Act, the Serious allegations were made about At the appropriate time, I will move to American with Disabilities Act, the Mr. Pryor’s truthfulness to the com- proceed to a vote on the Lee nomination. I Fair Labor Standards Act, and the mittee during the hearing, and staff assume there will be no objection. It seems Family Medical Leave Act. had been looking into those allega- to me he deserves a vote. People deserve to He said that he doesn’t believe that tions. Put simply, the job has not been know where we stand on this issue. Then we the Federal Government should be in- completed. will, pursuant to Rule IV, vote on whether to volved in ‘‘education or street crime.’’ But, as Chairman HATCH did earlier bring the Lee nomination to a vote. In order Mr. SESSIONS. Will the Senator this Congress with regard to the nomi- to vote on the nomination, we need at least yield for a question? nation of Deborah Cook and John Rob- one Democrat to vote to do so. Mrs. FEINSTEIN. I beg your pardon? erts, he chose to ignore this rule and That is precisely what we are dis- The PRESIDING OFFICER. The Sen- force through a vote over the objec- cussing. The situation then was the ator from California has the floor. tions of every member of the minority same as the situation regarding Mr. Mr. SESSIONS. Will the Senator on the committee. Pryor. In order to vote on the nomina- yield for a question? We thought the issue had been re- tion, we need at least one Democrat to Mrs. FEINSTEIN. No. I would rather solved during discussions over what vote to do so. But we never even had finish my remarks. If I have time left, happened last time, but apparently we the chance to vote on cutting off de- I will yield. were wrong. bate. Mr. SESSIONS. I wanted to clear up The rule contains the following lan- I don’t need to lecture this body that a misstatement. guage: we are a nation of laws. We know that. The PRESIDING OFFICER. The Sen- The Chairman shall entertain a non-debat- We expect these laws to be obeyed. ator from California has the floor. able motion to bring a matter before the This is a Senate of rules. Our rule book Mrs. FEINSTEIN. Mr. Pryor calls Committee to a vote. If there is objection to is 1,600 pages long. There is no greater Roe v. Wade ‘‘the worst abomination of bringing the matter to a vote without fur- expert on rules than the senior Senator constitutional law in our history.’’ He ther debate, a rollcall vote of the Committee from the great State of West Virginia. has written that he could ‘‘never forget shall be taken, and debate shall be termi- nated if the motion to bring the matter to a Rules have always been observed. Some January 22, 1973, the day seven mem- vote without further debate passes with ten of them are complicated. This happens bers of our highest court ripped out the votes in the affirmative, one of which must to be pretty simple, and we all under- life of millions of unborn children.’’ be cast by the Minority. stand it. That is a quote. It is a very strong That is a reading on its face. It I want to spend a moment on the ma- statement. stands on its face. It is what it is. terials that have been before us that He has lobbied for the repeal of sec- Over the last few decades, it has are being investigated. The materials tion V of the Voting Rights Act. clearly meant that unless one member in question came to the Judiciary Com- After the Bush v. Gore decision, of the minority agrees to cut off debate mittee just 2 or 3 weeks ago. Pryor made the astounding statement, and move straight to a vote, no vote Those materials raise real questions ‘‘I’m probably the only one who wanted can occur. This is one of the only pro- about whether Mr. Pryor misled the [the decision] 5–4 . . . I wanted Gov- tections the minority party has in the committee about his activities on be- ernor Bush to have a full appreciation Judiciary Committee. Without it, there half of the Republican Attorneys Gen- of the judiciary and judicial selection might never be debate at all. A chair- eral Association, a fundraising organi- so we can have no more appointments man could convene a markup, demand zation that I believe raises serious con- like Justice Souter.’’ a vote, and the entire process would cerns about conflicts of interest. This is a sitting attorney general take 2 minutes. This is not how a delib- For instance, questions have been taking on a Justice of the U.S. Su- erative body should function, and more raised about whether Mr. Pryor raised preme Court by name. I have never importantly, it is contrary to the money from tobacco companies, while heard of that before. Of course, there is rules. Either the rules are observed or at the same time arguing against pur- always a first time. It was also an at- we have chaos on the committee. If we suing those companies through litiga- tack on a Justice who was well known do not like the rules, we should change tion. I don’t know whether this allega- as being more moderate than he was the rules. But we should follow the tion is true or not true. None of us do. expected to be and who does not simply rules. I wasn’t really prepared to vote. But toe a party line. As I understand it, this rule was first we should look into it and we should be So is Mr. Pryor saying he would want instituted in 1979. Senator KENNEDY able to match his statements to the only those judges who remain com- was chairman of the committee at the committee with the facts. pletely faithful to the ideology of those time. It has been followed ever since. There are other areas where the doc- who choose them? Is he saying that Senator HATCH, our current chair- uments given to the committee suggest Justice Souter is simply not conserv- man, has also followed the rule. I make that Mr. Pryor may not have been ative enough? I think he is. no bones about the fact that I am very completely forthcoming at his hearing. Mr. Pryor has taken positions so ex- fond of the chairman, but he has been We will never get past the partisan treme that they are at odds with the going through some kind of a change bad-feelings that are increasingly ap- rest of the Nation’s attorneys general. lately, and I don’t quite know what it parent in the Judiciary Committee if For example, he was the only attorney is. we cannot even rely on having our general to argue against a key provi- During the markup of Bill Lann Lee rules followed to the extent of carrying sion in the Violence Against Women to be the Assistant Attorney General out an investigation with materials Act on federalism grounds.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20156 CONGRESSIONAL RECORD—SENATE July 30, 2003 So there is a reason we feel strongly Chile and Singapore. It needs to be slow-walked. And we all understand about it. done. There is no reason to have hours that—as almost everything has been My experience is that in appointing of debate on it. There are some hard this year. someone to the trial bench when that feelings about it, and so forth, but it These are what you call obstruc- individual has never been a judge is can be done. tionist tactics. And that is what is probably a good idea, even if they are We could have debated this in the going on here. For them to come out an attorney general. One can make hour before the cloture vote, which is here on the Senate floor and act like, some judgments about people who hold what the rule calls for. If we invoke well, we are interrupting the energy political office and who are strong ad- cloture, there will be ample oppor- debate—it is almost more than I can vocates as to whether in fact they can tunity to devote time to the total de- take. separate themselves from their ide- bate on General Pryor. This energy debate is very impor- ology, whatever that ideology may be. But now let me just make another tant. It should be over. And I would be I believe people can do this. I voted for point or two. The distinguished Sen- happy to end it right now, have the clo- Jeffrey Sutton because I had that be- ator from California is very upset at ture vote tomorrow. I will even give up lief. In this case, I am not so sure be- him because he actually took up to the the hour before cloture, if they want cause the rhetoric is so strident and so Supreme Court an issue on the Vio- to, to keep working on the Energy bill. very intemperate. lence Against Women Act. She takes But, no, that is not what they are The Senator from Alabama, who is great umbrage at that. Unfortunately, doing. This is all a slow-walk to try to present on the floor, believes he can, he won. So to indicate that he may be make this Congress look as if it isn’t a and there are people who believe he outside the mainstream or somebody good one, even though, in spite of these can. But I think the jury is out because who should not be supported because slow-walks, we have done bill after bill there is a venture into an attack on a he wins in front of the Supreme after bill, some of them extremely im- sitting U.S. Supreme Court Justice, Court—and almost everything they portant pieces of legislation. there is a characterization of a land- criticize, as far as Supreme Court mat- Let me provide you with a succinct mark Supreme Court case as ‘‘an ters are concerned, he has won on, but very different, and much more real- abomination,’’ and other things as until this last term when he lost on a istic picture of General Pryor. well. There is an attack on many sig- couple of issues. And in every case he General Pryor has been criticized as nificant—significant to those of us on followed what he believed the law was insensitive to the rights of the disabled this side of the aisle—pieces of Federal regardless of his own personal beliefs. because he argued in the Garrett case legislation. By the way, I am one of the coauthors that the Americans with Disabilities Truly, this is a nomination that de- in the Congress of the Violence Against Act could not, under section 5 of the serves and merits debate—an open de- Women Act. 14th amendment, validly abrogate bate. But I would like the debate to So to criticize him for something States’ 11th amendment immunity and take place with the observation of the that the Supreme Court agrees with authorize money damage suits against rules of the committee and after the him on gives an indication who is out- States in Federal court. investigation that is ongoing is fin- side the mainstream. It isn’t General But the Supreme Court agreed with ished. Pryor. And there is case after case General Pryor. He is being criticized by I hope the Senator from North Dako- after case where he wins that has been others on the Senate floor for cases ta’s importuning to leadership is criticized by our colleagues over there that he has won in the Supreme Court. taken. We don’t need to have a cloture as though somehow or other he has He has also been criticized as insensi- vote at this time on this nominee. That been off the charts when it comes to tive to age-based discrimination be- cloture vote can come after the results the law. He has been on the charts. I cause he and a bipartisan group of 23 of the investigation are finished—cer- admit, he has lost some, too. But I other State attorneys general—23 other tainly after the Energy bill—because I don’t know of anybody who has taken bipartisan State attorneys general—ar- think if a cloture vote is taken, these multiple cases to the Supreme Court gued in the Kimel v. Florida Board of arguments I have made on the merits who has won everything. I know a few Regents case that the provision of the of the case are really going to be dis- who have had pretty good records—and Age Discrimination in Employment positive as far as votes on our side are he has one of the better records as an Act that allowed money damage suits concerned. attorney general in this country. against States in Federal courts was I thank the Chair. I yield the floor. I My Democratic colleagues assert, in invalid under the 11th amendment, thank very much the chairman of the laundry list format, that General something that they should have ar- committee. Pryor is basically against everything gued because it is an important issue. The PRESIDING OFFICER. The Sen- they are for. He is ‘‘out of the main- But, again, the Supreme Court ator from Utah. stream.’’ We hear that over and over agreed with General Pryor. He is being Mr. HATCH. Mr. President, I com- again. Pryor is against civil rights, dis- criticized for winning cases in the Su- pliment the distinguished Senator from ability rights, minorities and women preme Court as though he is the one California as well. I feel very deeply to- themselves, the environment—the who is out of the mainstream. I don’t ward her. I think she is a wonderful whole thing, presumably, and of think it takes any brains to realize person, and I think she is a fine Sen- course—abortion rights. who is out of the mainstream. It is not ator who works very hard on the Judi- I am paraphrasing just one Demo- General Pryor. ciary Committee. And I appreciate her cratic Senator’s statement during the And we have heard criticism that he kind remarks about me. markup on July 23, 2003, but it is a fair is insensitive to women’s rights be- Mr. President, let me make some- representation of the types of asser- cause he argued in the case of U.S. v. thing clear. I keep hearing that we are tions against General Pryor that are Morrison that neither the commerce going to vote on judges. Well, I cer- designed not to debate his fitness for clause nor the 14th amendment pro- tainly wish that were the case. What the Federal bench but, rather, to stran- vided Congress with the authority to we are talking about is a cloture vote gle debate before it begins. To paint enact one civil remedies provision of tomorrow, and one on Friday. It is not this excellent nominee as so ‘‘extreme’’ the Violence Against Women Act. But unusual at all, in fact it is a matter of as to be not worth discussing. the Supreme Court agreed with him course, for the Senate to double track By the way, we did not bring this de- again. various items in the interests of the bate up tonight. I did not want to stand Further, General Pryor has been body to keep on top of matters. here tonight and answer these so-called criticized as anti-environment because The two trade bills are extremely im- allegations. My friends on the other of his argument in Solid Waste Agency portant for this country, with two of side did. They are the ones who inter- of Northern Cook County that the our greatest allies and supporters, rupted the Energy bill, which is being Army Corps of Engineers did not have

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20157 the authority, under the Federal Clean when he has been such a successful ad- munities, municipalities who would Water Act, to exercise Federal jurisdic- vocate for his State in the Nation’s have to give in rather than spend mil- tion over entirely intrastate bodies of highest Court, is plainly wrong. lions of dollars in defense fees and ac- water—in this case, an abandoned grav- Anybody who makes that argument cept full scale racial quotas. My fears el pit. should think twice before they make were confirmed. Because they recess- He was arguing for his State, which that type of argument. appointed him and he did bring that is what attorneys general are obligated We are in the middle of a slow walk kind of litigation. to do. He even urged the Court not to here, trying to make the Senate look But with the Lee nomination, the reach the issue of whether the Com- bad—not by Republicans but by the Democrats started a filibuster of their merce Clause allowed Congress to regu- other side. Frankly, to complain about own nominee. There was no reason for late entirely intrastate bodies of water. double-tracking important things like them to make any arguments. I would The Court did not reach the Commerce a circuit court of appeals judgeship, have given them a vote up or down Clause issue and again agreed with the third branch of Government in our right there. They started the filibuster. General Pryor’s statutory interpreta- society, I think is hitting a little bit I, in graciousness, agreed not to have a tion argument. below the belt. vote. I have to admit I myself was in So I guess those who oppose Pryor It is certainly not unusual for cloture error by making some of the state- are saying when the Supreme Court votes on judgeship nominees when the ments I did because I didn’t realize the agrees with you that an environmental other side is filibustering for the first importance of this, nor had I even statute should be interpreted in ac- time in history Federal judicial nomi- looked at Rule 4. But let’s look at this cordance with its actual language, nees. I made the mistake of saying the Rule. rather than expanded through bureau- Fortas nomination was the only fili- It says: ‘‘The chairman shall enter- cratic fiat, that makes you extreme buster up until now. I was wrong. I was tain. . . .’’ That means this is a rule and anti-environment, especially when corrected by none other than former that forces the chairman to entertain a you win the case in front of the Su- Senator Robert Griffin who led the nondebatable motion to bring a matter preme Court. Talk about turning the fight against Fortas. He said: We before the committee to a vote. It is a world upside down. weren’t filibustering, and they knew it. way of forcing the chairman to give a General Pryor has even been criti- They knew we had the votes to beat vote that you could not otherwise give cized as insensitive to civil rights con- them up and down and they are the if the chairman decided not to do it. cerns because of his argument in Alex- ones who called for the cloture vote, ‘‘The chairman shall entertain a non- ander v. Sandoval that there is no pri- which they barely won. They only had debatable motion to bring a matter be- vate right of action under title VI of 45 votes, and there were 12 who weren’t fore the committee to a vote if there is the Federal Civil Rights Act to chal- there, many of whom were going to objection to bringing the matter to a lenge Alabama’s policy of issuing driv- vote against Fortas for justifiable rea- vote without further debate’’—a roll- ers’ licenses only to English speakers— sons. call vote, in other words. If the chair- a policy that I understand is no longer So these filibusters going on now are man refuses, they can then demand a in effect. Once again, the Supreme the only ones we’ve ever had in the rollcall vote of the committee to be Court agreed with his argument, hold- Senate. My colleagues on the other taken. It is nondebatable. It has to ing that Congress, not Federal courts, side are fond of saying: There have happen. And ‘‘debate shall be termi- should create causes of action to en- been 140 Bush judges confirmed by us nated if the motion to bring the matter force Federal laws. That proposition and only two have been filibustered. to a vote without further debate passes should not be controversial, nor should That is two too many. Constitu- with 10 votes in the affirmative, one of supporting it be held against General tionally, that is two too many. One is which must be cast by the minority.’’ Pryor, who again won in the Supreme one too many. I have to admit there Anybody with brains can read that Court. were a few on our side during the Clin- and say: That is a rule that forces a re- Finally, let me just give one more ex- ton years who wanted to filibuster calcitrant chairman to have to call a ample. The Supreme Court, including some of those judges. I personally vote. But any competent person read- Justice Souter, agreed with General stopped them with the help of the lead- ing that can also conclude, as have I, Pryor’s argument in the Scheidler v. ership and others who thought it having consulted with the two Parlia- NOW case that Federal antirack- through that we should not be filibus- mentarians beforehand, that a chair- eteering laws could not properly be ap- tering judges. It is the wrong thing to man cannot be foreclosed from his plied to pro-life protest groups who ad- do. It should not be done, but it is right to call a vote. Because if that mittedly had not engaged in any ac- being done here. were the rule, that means the minority tivities covered by those laws with re- Mr. SANTORUM. Mr. President, will would always control whether there spect to the targets of their protests. the Senator yield? would ever be a vote on a judge. That So while General Pryor may have criti- Mr. HATCH. If the Senator will just can’t possibly be the rule, though that cized Justice Souter, they do not al- wait for a few more minutes, I want to is what Democrats now are trying to ways disagree when it comes down to make a point on Rule 4. For the life of say it is, with regard to the Commit- interpreting the law. me, I can’t understand how anybody tee’s vote on General Pryor. Let me say this. A nominee is not an reading the Judiciary Committee’s We are all well aware by now that extremist—or should I put the word Rule 4 would interpret it any dif- Democrats invoked the Judiciary Com- ‘‘extremist’’ in quotes because it seems ferently than the way I did. I was sur- mittee’s rule 4 to try to block a com- to be a special word that is used so prised to see my comments during the mittee vote on General Pryor’s nomi- often by our colleagues—a nominee is Bill Lan Lee nomination used against nation. Their interpretation of this not an extremist when the positions he me. What happened there was, I was rule was and is simply incorrect, and has taken have been consistently sup- Chairman. We had the votes to stop the let me explain why. ported by Supreme Court majorities. nomination. The Democrats didn’t Rule 4, entitled ‘‘Bringing a Matter We know who the extremists are, and want us to stop the nomination be- to a Vote,’’ was clearly intended to it isn’t General Pryor. cause it would have been embarrassing serve as a tool by which a determined We will hear more about these cases, and might have made it more difficult majority of the committee could force and I’m not saying Bill Pryor has won for them to recess-appoint Lee, who I a recalcitrant chairman to bring a all of these arguments at the Supreme would have supported for any other job matter to vote. In fact, the rule pro- Court. Not even the best lawyers can in Government but not that one. Be- vides, ‘‘The Chairman shall entertain a win them all, and he did lose a couple cause I knew he would get there and he non-debatable motion to bring a mat- in this last session. But to say that Bill would use the power of the civil rights ter before the Committee to a vote.’’ Pryor is ‘‘out of the mainstream,’’ office to bring litigation against com- On July 23, there was no motion to

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20158 CONGRESSIONAL RECORD—SENATE July 30, 2003 bring a matter before the committee to two-hour rule, the Democrats did, so gious beliefs. By the way, throughout a vote. In fact, there was an objection that we couldn’t possibly, during the the extensive, lengthy, one-of-a-kind to voting, which I overruled. Thus, on time the Senate was in session, vote on hearing on Judge Pryor, there were its face, rule 4 was inapplicable to the Mr. Pryor. consistent questions about his deeply Pryor nomination. I said: Well, then we will meet after held beliefs. This has caused a lot of If we followed the interpretation that the Senate goes out, which would get people to become very upset. Democratic members of the committee around the two-hour rule. That meant The PRESIDING OFFICER. The Sen- urged, it would mean that the com- about 9 o’clock at night that night, the ator from Utah has the floor. mittee minority would essentially con- Thursday before we finally voted. Ev- Mr. SANTORUM. Will the Senator trol the committee’s agenda. Essen- erybody knew I had the votes. Every- from Utah yield for a question? tially, the committee’s chairman, on body knew I was going to go ahead. We Mr. HATCH. I am sorry. I am happy behalf of the majority, could not bring gave them all day to resolve any prob- to yield for a question without losing any nomination or piece of legislation lems they had in this so-called ‘‘inves- my right to the floor. to a vote without the affirmative vote tigation’’ which is as phony as any in- Mr. SANTORUM. I thank the Senator of at least one member of the minority. vestigation I have ever seen. By the from Utah because he has hit on a So the chairman would have no right time we got ready, nobody told me point that is deeply disturbing to me as to call for a vote—the minority could about this, but by the time we got a member of the Senate. I understand restrict that right at their discretion. ready for the vote or for the Senate to the Constitution talks about, we shall No chairman would suffer such limi- go out of session and for us to meet— establish no religion, and that is gen- tations on his power. The limitation and we worked all day to make sure we erally termed, in many cases, the sepa- that exists in rule 4 as properly inter- would have a quorum—I was informed ration of church and State, although preted is entirely reasonable: that all that there was a personal exigency the words ‘‘separation of church and members of the committee’s majority, that existed, a legitimate personal exi- State’’ do not appear in the Constitu- plus one minority member, can force gency, that was known about earlier in tion. the committee to have a vote over the the day, and I agreed to not continue What appears to be going on in the objection of the chairman—who, in the markup. Judiciary Committee by Members of that case, clearly would not be rep- I put it over then until the next the other side of the aisle is not a sepa- resenting his committee’s majority. Wednesday, a full week, and said: Get ration of church and State, but a sepa- Rule 4 does not, as Democrats, would the staffs together, interview the four ration of anybody who believes in currently, expediently, have it allow witnesses you want to, interview Gen- church and faith from any public role. the minority to prevent a vote. Rule 4 eral Pryor in the process, but next I do not believe that is what the Con- does not authorize filibusters in the Wednesday we are going to vote. There stitution was founded to do. I listened Judiciary Committee. have been comments that our staff to the comments of the Senator from Despite claims to the contrary, there stalled that. That is not true. I believe California who said because of General has been no inconsistency in the inter- the distinguished Senator from Massa- Pryor’s ‘‘strongly held beliefs’’ basi- pretation of this rule. During the Clin- chusetts tried to make that point. cally he cannot be impartial. ton administration, in an effort to pre- That is not true. So if you have strongly held religious vent the defeat in committee of a con- As a matter of fact, the Democrats’ beliefs, because of your strongly held troversial Justice Department nominee staff refused to interview or ask ques- religious beliefs—— and spare both committee Democrats tions of Mr. Pryor who could have eas- Mr. DURBIN. Will the Senator yield and the administration considerable ily answered them all, and would have, for a question? embarrassment, I chose not to exercise and in fact already had answered all of Mr. SANTORUM. I will not. Because the inherent power that I and all com- these questions at his hearing and in of those beliefs that are referred to mittee chairmen have to bring a mat- writing. It was a phony ‘‘gotcha’’ type continually, the ‘‘strongly held be- ter to a vote. President Clinton ulti- of a situation which Democrats on the liefs’’—— mately made a recess appointment of Judiciary Committee are putting Mr. DURBIN. Mr. President, I have the nominee. In retrospect, my gra- nominees through. a—— ciousness to the other side, and my re- Let me talk about the religious prob- The PRESIDING OFFICER. The Sen- liance on rule 4 to accomplish this was lem. I am getting a little tired of this. ator from Utah has the floor and the admittedly not the best course of ac- The outside groups have been out- Senator has yielded for a question to tion. I nevertheless believe that I had rageous with the smears they have the Senator from Pennsylvania. the power to bring that matter to a brought upon Republican judicial Mr. DURBIN. Mr. President, par- vote, and that I used the discretion of nominees. If you made one mistake in liamentary inquiry. the chairman to decide not to do so. your life or what they perceive to be a Mr. SANTORUM. Are the beliefs that In short, there was no violation of mistake, you are going to be smeared are referred to— committee rules or process in bringing because of it. That perceived mistake Mr. DURBIN. Mr. President, par- the Pryor nomination to a vote on July is going to be enough for these groups liamentary inquiry. 23, and any argument to the contrary to try to ruin your whole career. The Mr. SANTORUM. Mr. President, the was merely a last-ditch effort to pre- tactics used against Judge Kuhl are a Senator yielded to me for a question, vent the full Senate from considering perfect illustration. Her whole career which I am about to ask. it. she has had the support of Democratic Mr. DURBIN. Parliamentary inquiry, Unfortunately, that effort continues, and Republican judges and everybody Mr. President. in a manner equally offensive to the ul- else in California who really counts, it The PRESIDING OFFICER. The Sen- timate rules that govern the Senate, seems to me, as far as judges are con- ator will state it. the U.S. Constitution. cerned. They found one thing they can Mr. DURBIN. If a Member of the Sen- The fact is, this was the fifth markup beat into the ground, they think. I ate characterizes the words of another that General Pryor was on, having had don’t think even that is valid. I think Member of the Senate incorrectly, can his confirmation hearing on June 11. we can rebut that case. And yet they those words be taken down? And there were continual Democratic are going to stop this brilliant woman The PRESIDING OFFICER. There is efforts to try and thwart these mark- who has a well-qualified rating, their no such right. ups every time. I went along with a gold standard, from the American Bar Mr. DURBIN. I thank the Chair. number of those efforts just out of gra- Association. Mr. SANTORUM. I ask the Senator ciousness. But on July 23 everybody What is particularly offensive is what from Utah, when the other side uses knew we were going to vote because at the outside groups have done against the term ‘‘deeply held beliefs’’ over and the prior markup they invoked the some of our nominees because of reli- over again, which we have heard on

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20159 certain issues, would the Senator from belief or none at all who find abortion to be Federal bench thus suggests a de facto reli- Utah characterize what those ‘‘deeply gravely unjust. gious test for public office, something clear- held beliefs’’ might pertain to, and on As head of the world’s largest Catholic fra- ly prohibited by the Constitution. what issues, and what they might tie ternal organization and as a former member Would the Senator from Utah agree of the United States Commission on Civil to from the perspective of religious be- that the religious test for holding an Rights, I am dismayed that the course of Mr. office with the Government of the liefs? Pryor’s nomination compels me to make a Mr. HATCH. At least in one instance point which by now should be obvious: a United States of America would be un- over and over it was on the issue of good Catholic can also be a good public serv- constitutional? abortion. Several Democrats asked ant. Much as I would wish otherwise, a con- Mr. HATCH. There is no question questions about that. tinuation of the trend that critics of Mr. about that. We all have to agree that Mr. SANTORUM. With respect to Pryor’s nomination have set in motion will our Constitution states no religious abortion and Mr. Pryor’s beliefs, if the compel American Catholics to face religious test shall ever be required as a quali- bigotry of a kind many of us thought to be Senator from Utah will allow me, I fication to any office of public trust in extinct in this nation. I urge that Mr. Pryor the United States. I don’t believe any would like him to comment on a letter be judged solely on his ability, his qualifica- just received today, written by Carl tions and his judicial temperament. Senator would intentionally impose a Anderson, who is with the Knights of Respectfully, religious test on the President’s judi- Columbus. I ask unanimous consent CARL A. ANDERSON, cial nominees. I do not think any Sen- that the letter be printed in the Supreme Knight. ators are guilty of anti-religious bias. RECORD. Mr. SANTORUM. I want to refer to a However, I am deeply concerned that There being no objection, the mate- couple of paragraphs and I want the some are indirectly putting at issue rial was ordered to be printed in the Senator to comment, because this is the religious beliefs of several judicial RECORD, as follows: the point that I think is very impor- nominees. I will give you one illustration. Dur- KNIGHTS OF COLUMBUS, tant. There is a code word going on New Haven, CT, July 30, 2003. here—code words. When you hear the ing the Pryor hearing, General Pryor’s Hon. ORRIN HATCH, term ‘‘deeply held beliefs’’—I know the religion was an issue—and this is why I Chairman, Senate Judiciary Committee, Senator from Illinois was upset when I have raised it, which I have never done U.S. Senate. used the term ‘‘religious’’ as a charac- before. One Senator accused General DEAR SENATOR HATCH: I am writing to ex- terization. I think it is a completely Pryor during the hearing of ‘‘asserting press concerns as to the way the nomination an agenda of your own, a religious be- of Alabama Attorney General Bill Pryor for accurate characterization of exactly what is going on. I am not alone. I will lief of your own.’’ In his opening state- the federal appeals court in Atlanta is being ment, another Senator stated: handled in the Senate. read a portion of the letter: ‘‘In General Pryor’s case, his beliefs are so Many have questioned Mr. Pryor’s fitness Many have questioned Mr. Pryor’s fitness well known, so deeply held that it is very for this position because of his ‘‘deeply held for this position because of his ‘‘deeply held hard to believe that they are not going to beliefs,’’ in particular his opposition to abor- beliefs,’’ in particular his opposition to abor- deeply influence the way he comes about tion. Yet this ‘‘deeply held belief’’ is ground- tion. Yet, this ‘‘deeply held belief’’ is ground- saying ‘I will follow the law,’ and that would ed in Mr. Pryor’s adherence to his Catholic ed in Mr. Pryor’s adherence to his Catholic be true of anybody who had very deeply held faith, which unequivocally declares abortion faith, which unequivocally declares abortion views.’’ to be a grave evil. to be a grave evil. The only deeply held views that I know Raising Mr. Pryor’s ‘‘deeply held beliefs’’ I am ending the quotation from Mr. outside of belief in the law would be his own in terms of his qualifications to serve on the personal religious beliefs. I will just say this federal bench thus suggests a de facto reli- Anderson’s letter, and I just suggest on another point. On the subject of Roe v. gious test for public office, something clear- that it is obvious to anyone that this Wade, Senator SCHUMER said, ‘‘I for one be- ly prohibited by the Constitution. Of even code word is an antireligious bias—not lieve that a judge can be pro-life, yet be fair, more concern, it comes perilously close to an antireligious bias if you don’t hold balanced, and uphold a woman’s right to suggesting that Catholics who faithfully ad- your faith deeply, but only if you do. choose. But for a justice to set aside his or here to their church’s teaching on abortion, Would the Senator from Utah care to her personal views, the commitment to the and perhaps other public moral issues, are comment on this letter I just quoted rule of law must clearly supersede his or her unfit to serve their country in the federal ju- briefly from? personal agenda. . . . But based on the com- diciary. ments Attorney General Pryor has made on Those who fault Mr. Pryor’s ability to Mr. HATCH. First, I have seen the the subject, I have some real concerns that serve on the federal bench argue that his letter dated July 30, 2003, which I be- he cannot because he feels these views so deeply held beliefs preclude him from judg- lieve the Senator has put into the deeply and so passionately.’’ ing and applying the law impartially. In ef- RECORD. The first time I have seen it is fect, they are trying to put Mr. Pryor in the tonight. I don’t know how you read it any very uncomfortable and very unjust position Mr. SANTORUM. Yes, the July 30 let- other way. of choosing between following his faith or ter. Another Senator told General Pryor: serving his country. No candidate for any Mr. HATCH. Right. I am concerned I think the very legitimate issue at ques- public office should be put in such a position. about this. I know some of these out- tion with your nomination is whether you As Attorney General of Alabama, Mr. Pryor have an agenda, and that many of the posi- has already demonstrated an unquestioned side groups have been doing this regu- tions you have taken do not reflect just an record of applying the law impartially. He larly. I personally do not believe the advocacy, but a very deeply held view and a has already shown that one can be a faithful distinguished Senator from California philosophy, which you are entitled to have, Catholic, with ‘‘deeply held beliefs’’ and still is—and I hope none of the other Demo- but you are also not entitled to get every- render unimpeachable service to his country crat Senators on the committee are— one’s vote. and fellow citizens. against Mr. Pryor because of his reli- As you know, General Pryor is open- Perhaps it is worth remembering on this gious beliefs. But I have to admit that occasion that many distinguished jurists ly pro-life. have dissented from the Supreme Court’s de- people all over the country have been Mr. SANTORUM. If the Senator will cision in Roe v. Wade including the current calling me and talking to me and say- yield, does the Senator from Utah, who Chief Justice of the United States and ing, how could it be anything else? I know is not Catholic, know that as former Justice Byron White. To suggest that People are drawing that conclusion, part of the Catholic faith, one of the such jurists are unfit to serve on the Federal and I will be honest with you, I am central teachings with respect to faith Bench does a disservice to the confirmation concerned about it. and morals is that it is not an option process itself. Moreover, it is worth reit- Mr. SANTORUM. If the Senator will under the Catholic church doctrine to erating that the Catholic Church teaches yield for a further question, I want to be a faithful Catholic and not be pro- that abortion is unjust, not as a matter of faith, but as a matter of natural justice read the next paragraph and get his life. It is a core teaching of the church. which obligates all citizens regardless of re- comment: It is not an optional teaching or a rec- ligious belief or lack thereof. This is attested Raising Mr. Pryor’s ‘‘deeply held beliefs’’ ommended teaching; it is a core teach- to by the many persons of diverse religious in terms of his qualifications to serve on the ing of the church. So to be a faithful

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20160 CONGRESSIONAL RECORD—SENATE July 30, 2003 Catholic, according to the church, General Pryor’s record speaks with man whose loyalties as a public serv- someone has to embrace this opposi- far more authority and with much ant have been to the law and its impar- tion to abortion. Is the Senator aware greater eloquence than the fulmina- tial administration. of that? tions against him. His record of enforc- He has told us under oath he will con- Mr. HATCH. Yes. I am so advised. I ing the Supreme Court dictates on tinue to follow the law, just as he has have studied the Catholic faith and I abortion is unquestioned. He has en- demonstrated in his distinguished ca- respect it deeply, as I do all religions. forced them all. Despite criticizing reer in Alabama. We should be proud to Mr. SANTORUM. So according to them all as a traditional pro-life, give his nomination an up-or-down what the Senator has just said, some- Catholic conservative, he has criticized vote. one who considers oneself a faithful abortion but he has upheld the law. Throughout his hearing, it was one Catholic, faithful to the core teachings Although he has been attacked for question after another on abortion— of the Catholic church, which leaves no his federalism arguments before the one question after another—and he leeway on the issue of abortion, under Supreme Court, the Supreme Court made it clear that as much as he that understanding, someone who has a sided with him in most of those cases. thinks that the outcome of the case of deep faith and understands that with Arguing that Congress does not have Roe v. Wade is an abomination, be- deep faith as a Catholic comes the re- the power that it has assumed through cause it has resulted in the death of quirement to be against abortion, that certain legislative acts is not activist millions of unborn children—and he as a result of that deep faith and as a or radical. It is principled, entirely was very straightforward about it, very result of that deep faith in Catholi- consistent with our constitutional sep- honest about it, and was complimented cism, having to subscribe to the aration of powers, and it is General by my colleagues for his honesty, yet church’s teaching on abortion, would Pryor’s duty as State attorney general. they will not accept his honesty on that not lead, in a sense, to a prohibi- In all the federalism cases he has ar- this topic—he said he would enforce tion by some Members of having any- gued, he advocated that only certain Roe v. Wade, which is the law. body who is a faithful Catholic as a portions of Federal laws were unconsti- Mr. SANTORUM. Mr. President, isn’t there a case of the partial-birth abor- member of the judiciary? tutional. In all cases, remedies re- tion law in Alabama where he actually Mr. HATCH. I cannot speak to that. mained available for aggrieved parties gave advice that would be contrary to All I can say is that I will take the or the Federal Government. I cited Senator’s statement at face value, as I what his personal beliefs are with re- some of these cases earlier. spect to the issue of abortion? know he is a practicing member of the Let me give another illustration. His Mr. HATCH. After the Supreme Catholic faith, and I respect him for critics have also attempted to portray Court’s decision in Stenberg v. that. I know he is very sincere, and I him as an official without the respect know he has even written about it. But Carhart, he upheld that law by order- for the separation of church and State. I am concerned. ing state officials not to enforce the Again, it is simply beyond dispute that Three of the people we have been told conflicting Alabama partial-birth abor- will be filibustered are traditional pro- his record proves his repeated ability tion law. Earlier, he had enforced Ala- life, Catholic conservatives. Certainly, to enforce the law regardless of his bama’s partial-birth abortion law nar- Pryor is one of them. Kuhl is another. strong personal religious beliefs. rowly, to ensure consistency with Su- In an effort to defeat challenges to Holmes is another. It is a matter of preme Court’s dictates in Planned Par- great concern. I have to say that these school prayer and the display of the enthood v. Casey. Even though he dis- inside-the-Beltway outside groups will Ten Commandments in the Alabama agrees violently with both of those use anything; they will distort a per- Supreme Court, both the government cases from a personal religious stand- son’s record. It is abysmal what they that appointed General Pryor and Ala- point, but he enforced and upheld those are doing, and they are well heeled to bama Chief Justice Roy Moore urged laws, in the face of criticism from the tune of millions of dollars, which General Pryor to argue that the Bill of many of his conservative friends in they spend spreading this bile all over Rights does not apply to the States. Alabama. the Senate. Unfortunately, I believe General Pryor refused, even though Let me read one other item. At his there are some in this body who do not his personal beliefs were different, and hearing, I asked him this question: decry what they are doing. he argued the case on much narrower So even though you disagree with Roe v. Mr. SANTORUM. Mr. President, will grounds despite his own deeply held Wade, you would act in accordance with Roe the Senator yield for another question? Catholic faith and personal support for v. Wade on the Eleventh Circuit Court of Ap- Mr. HATCH. I will be happy to yield both of those issues. peals? for another question without losing my General Pryor has always been at- This was his answer: right to the floor. tacked for his statements urging modi- Mr. PRYOR. Even though I strongly dis- Mr. SANTORUM. Mr. President, I fication or repeal of section 5 of the agree with Roe v. Wade, I have acted in ac- just described what is my under- Voting Rights Act. However, despite cordance with it as attorney general and standing as a Catholic of what the General Pryor’s well-documented con- would continue to do so as a Court of Ap- cerns about section 5 of the Voting peals judge. teachings of the church are and what Chairman HATCH. Can we rely on that? the responsibilities as a faithful Catho- Rights Act, he has vigorously enforced Mr. PRYOR. You can take it to the bank, lic are as a member of the church. I all provisions of the act. He success- Mr. Chairman. also understand the oath of office you fully defended before the Supreme To be honest with you, that is the take and the role that you play as a Court several majority-minority vot- way he is, and he is being condemned civil servant in a government and that ing districts approved under section 5 for that. you have an obligation to serve and to from a challenge by a group of white I have to say that some of my col- adhere to the law, particularly when Alabama voters. He feels deeply about leagues on the other side have become you are sworn to uphold that law. these issues. tremendously annoyed and hurt by the Are there any examples where Attor- He also issued an opinion that the issue of religion being brought up in ney General Pryor upheld the law even use of stickers to replace one can- this matter, but the attacks on per- though he, as a Catholic, as a person of didate’s name for another on a ballot sonal beliefs came originally from deep beliefs, went ahead and followed requires preclearance under section 5. these inside-the-Beltway groups. They the law even though his personal view- Again, General Pryor enforced the law are well heeled, with money coming points may have been different? despite its conflicts with his beliefs. out of their ears, hiring all kinds of far Mr. HATCH. I think there are all Despite the distortions, half-truths, left liberal lawyers to make these kinds of examples. Let me go through a and outright falsehoods we have heard smear attempts and, frankly, that is few, if I can. Hopefully, this will be about him from the usual leftist inside- what is distorting this whole process. helpful in what the good Senator has the-Beltway interest groups, General I suggest to my friends on the other asked for. Pryor is a diligent, honorable, faithful side, they are going to have to start

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20161 some day standing up to these people, very strong and principled arguments Mr. HATCH. Without losing my right but they do not seem to be able to do against it. He did not mince any words to the floor. it. when he was asked, Did you call it an Mr. SESSIONS. I have researched his Frankly, during the Clinton years, I abomination? And he said: Yes, I did, record and background. I find that even stood up to some of the right wing sir. though he does firmly believe that groups that were occasionally trying to When they asked why, he said he abortion is an immoral practice, that distort somebody’s record. We did not called it an abomination because, other than the matter I just raised see anywhere near what we are seeing words to the effect, he believes that it about directing on partial-birth abor- today but I stood up. I am not asking led to the deaths of millions of unborn tion not to enforce parts of the law, he them to do something I did not do. children. Yet when it came down to en- has not taken any action in any way to Mr. SESSIONS. Mr. President, will forcing the law on partial-birth abor- use the power of his office to under- the Senator yield for a question? tion, that he despises, he enforced the mine the law of the Supreme Court on Mr. HATCH. I will be glad to yield law, and he directed his prosecutors in that matter. I just wonder if the Sen- without losing my right to the floor. the State to do likewise. ator would agree with that? Mr. SESSIONS. I remember a con- I do not know whether we can find Mr. HATCH. I do agree with that. servative group demanded of Senator any better people than that. There are The Senator knows Bill Pryor better HATCH, with regard to Clinton nomi- a lot of politicians who have been at- than anybody. He worked for the dis- nees, that he sign a Hatch pledge. I ask torneys general who I do not think tinguished Senator when he was attor- the Senator how he handled outside would have done that in the face of ney general. I am absolutely amazed at conservative pressure groups at that their personal beliefs, but he did be- how many Democrats and people of di- time? cause he is dedicated to the law. He versity and others in Alabama are sup- Mr. HATCH. Mr. President, as my knows if one does not uphold the law, portive of him. The people who knew colleague knows, I had to stand up to even if they disagree with it, it would him best are the people who support some in my own caucus. Not many. him. The people of Alabama know him There were some, one or two, who not be long until we would not have any laws. The Constitution would go best. Yet we are going to second-guess wanted to filibuster President Clin- that, for political reasons? ton’s nominees. As the Senator will re- itself, and he understands that. He is a brilliant man, graduated magna cum Mr. SANTORUM. Will the Senator call, I stood up to that and said we are yield? laude from Tulane, which is a fine law not going to filibuster judicial nomi- Mr. HATCH. I am happy to yield, school, and was editor in chief of the nees. It is not right, and I believe it is without losing my right to the floor. constitutionally unsound. Law Review, something that very few Mr. SANTORUM. To get to the rest Some of the outside groups were sin- people have the privilege of doing, and of this letter by Carl Anderson, who is cere but they wanted to—I believed that is because he was one of the best the head of the Knights of Columbus them to be sincere but wrong—distort students in his class. nationwide, I want to read the con- some of these matters, and I refused to Frankly, he has more than shown an cluding paragraph and ask the Senator allow them to do it. They demanded to aptitude to the law and an ability to to comment as to whether he agrees testify in a variety of cases, and I told follow the law. with Mr. Anderson in his conclusion as them no, we are not going to denigrate Mr. SESSIONS. If the Senator will to what is going on with this nomina- the judicial process with that type of yield for another question. tion. He says this: Mr. HATCH. Without losing my right stuff. As head of the world’s largest Catholic fra- Mr. SESSIONS. If the Senator will to the floor, I will be happy to yield. ternal organization and as a former member yield for a further question? Mr. SESSIONS. Is the Senator aware, of the United States Commission on Civil Mr. HATCH. I am happy to yield being an Alabama official myself and Rights, I am dismayed that the course of Mr. without losing my right to the floor. keeping up with these things, that Pryor’s nomination compels me to make a Mr. SESSIONS. I note that the Sen- when Attorney General Pryor, not re- point which by now should be obvious: a ator made quite clear that elected Sen- quired to do so but following what he good Catholic can also be a good public serv- believed was the proper procedure, di- ant. Much as I would wish otherwise, a con- ators have the responsibility to decide tinuation of the trend that critics of Mr. matters, and they cannot be driven by rected the district attorneys who Pryor’s nomination have set in motion will forces outside. We have to do it on the would be enforcing this partial-birth compel American Catholics to face religious facts and the law, and he has been hon- abortion law to construe the statute bigotry of a kind many of us thought to be orable and consistent on that. He de- narrowly, that he was criticized by pro- extinct in this nation. serves great praise. Some of the criti- life groups, sincere, wonderful people, Does the Senator agree that such cism that has come his way from those and one went so far as to say that his continuation of activity could lead to who are now altering the historic decision had gutted the partial-birth such bigotry? ground rules of confirmation is unjust abortion law? Mr. HATCH. Well, I believe it can be, and wrong. Mr. HATCH. That is exactly right. He and I believe there is some from the As a former attorney general of Ala- took a lot of flack for it and he be- outside groups. I do not think there is bama and knowing that the attorney lieved the way they did, but he also any question. I would not want to at- general had the power in Alabama to made it clear that that is the law and tribute that to any of my colleagues on direct district attorneys on how to en- that he was going to follow it. He fol- the Judiciary Committee, although I force certain Alabama laws, I ask the lowed it as an elected political official. have to admit this issue of abortion is distinguished chairman of the Judici- Now, if he can follow the law impar- becoming a litmus test issue to Demo- ary Committee is he aware that even tially as an elected political official, crats, that is pro-abortion. I think that though Attorney General Pryor strong- imagine the honor he would bring to is wrong. I remember what the media ly believes that partial-birth abortion the bench, where it’s his job to be im- did to Republicans during the Reagan is one of the worst forms of abortion of partial. He did not have to do it as an administration, continually trying to all, that he wrote a letter directing dis- elected political official, although I say there was a litmus test. I know trict attorneys to narrowly construe an would not have respected him had he there was not because the person who Alabama partial-birth abortion statute not, but as a judge, I think we have vetted all the judges is a former staffer because he had concluded under the Su- more than ample evidence that this of mine who is now on the Michigan preme Court law that parts of it was man would follow the law regardless of Supreme Court. I know it is not being unconstitutional? his personal beliefs. Yet he has been done by this administration. But lit- Mr. HATCH. Well, the Senator is smeared by the outside groups on his erally, Democrats are making abortion right. personal beliefs. It is just that simple. a litmus test issue. He is a very serious practicing Catho- Mr. SESSIONS. Mr. President, one The Democrats are fond of saying, lic. He despises Roe v. Wade. He makes more question. yes, but we have passed all kinds of

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20162 CONGRESSIONAL RECORD—SENATE July 30, 2003 Bush judges, 140 of them so far. Well, he was growing up and how Alabama others in extreme cases involving rape, in- they cannot stop them all. So they se- has changed to the point where they cest and the life and the health of the moth- lectively pick people like General can elect a Catholic as their attorney er.’’ This kind of propaganda makes the abortion lobby proud, but it should humili- Pryor who clearly has very strongly general. ate any serious Catholic. At a minimum, held views but who clearly has abided There being no objection, the mate- Catholic members of Congress like Senator by the law. They ignore that he abided rial was ordered to be printed in the Durbin should actually read and pray over by the law and attack him on his RECORD, as follows: the ‘‘Catechism of the Catholic Church’’ and strongly held views. In large measure, [From www.archden.org, July 30, 2003] the encyclical ‘‘Evangelium Vitae’’ before it comes down to the issue of abortion SOME THINGS CHANGE, SOME THINGS REALLY they explain the Catholic faith to anyone. They might even try doing something because he differs with them on the DON’T about their ‘‘personal opposition’’ to abor- policy issue of abortion. Some things change, and some things tion by supporting competent pro-life judi- Mr. SANTORUM. If the Senator will don’t. cial appointments. Otherwise, they simply yield for an additional question. In the summer of 1963, a friend of mine— prove what many people already believe— Mr. HATCH. Without losing my right she was just 11 at the time—drove with her that a new kind of religious discrimination to the floor. family to visit her sister, who had married is very welcome at the Capitol, even among Mr. SANTORUM. Is the Senator fa- and moved away to Birmingham, Ala. Stop- elected officials who claim to be Catholic. miliar with a letter written by Austin ping for gas in a small Alabama town on a Some things change, and some things Sunday morning, her father asked where don’t. The bias against ‘‘papism’’ is alive and Ruse, president of the Catholic Family they could find the local Catholic church. and Human Rights Institute, which was well in America. It just has a different ad- The attendant just shrugged and said, ‘‘We dress. But at least some people in Alabama sent yesterday? don’t have any of them here.’’ now know where the local Catholic church Mr. HATCH. I just saw it tonight, so The family finished gassing up, pulled out is—and where she stands—even if some peo- I am familiar. I have not read it in de- of the station—and less than two blocks ple in Washington apparently don’t. tail, but I am familiar with it. away, they passed the local Catholic church. Most people my age remember the ’60s in Mr. HATCH. This article reads in Mr. SANTORUM. Mr. President, I part: ask unanimous consent that this letter the South as a time of intense struggle for civil rights. Along with pervasive racial dis- I have never met Mr. Pryor, but his polit- be printed in the RECORD. crimination, Southern culture often har- ical life is a matter of public record. He has Mr. SANTORUM. I say to the Sen- bored a suspicion of Catholics, Jews and served the State of Alabama with distinc- ator from Utah that I wanted to bring other minorities. Catholics were few and tion, enforcing its laws and court decisions up this letter. This is not the only scattered. In the Deep South, like Alabama, fairly and consistently. This is why Presi- Catholic group that has expressed con- being Catholic often meant being locked out dent Bush nominated him to the 11th U.S. cern about what is code worded as of political and social leadership. Circuit Court of Appeals, and why the Senate ‘‘deeply held beliefs’’ but seems to be a Today, much of the old South is gone. Cit- Judiciary Committee approved him last little stronger than that. I will read ies like Atlanta and Raleigh-Durham are Wednesday for consideration by the full Sen- major cosmopolitan centers. Time, social re- ate. the second paragraph of this letter and form and migration have transformed the But the committee debate on Pryor was ask the Senator to comment again on economy along with the political system. ugly, and the vote to advance his nomination this: The South today is a tribute both to the split exactly along party lines. Why? Be- I think of the young mother, struggling to courage of civil rights activists 40 years ago, cause Mr. Pryor believes that Catholic raise her children in what is a challenging and to the goodness of the people of the teaching about the sanctity of life is true; culture. She raises them to be good citizens South themselves. that the 1973 Supreme Court Roe v. Wade de- and good Catholics. What should this mother Most people, most of the time, want to do cision was a poorly reasoned mistake; and tell her children? ‘‘Sorry, in order to serve the right thing. And when they change, they that abortion is wrong in all cases, even rape our government, you will have to shed your also change the world they inhabit, which is and incest. As a result, Americans were Catholic beliefs.’’ Putting Catholics in this one of the reasons why the Archdiocese of treated to the bizarre spectacle of non- position is shameful and not a proper meas- Atlanta can now draw thousands of enthusi- Catholic Senators Orrin Hatch and Jeff Ses- ure of our great land? astic Catholic participants to its Eucharistic sions defending Mr. Pryor’s constitutionally I ask the Senator if he has any Congress each year in a state where Catho- protected religious rights to Mr. Pryor’s critics, including Senator Richard Durbin, thoughts on this issue? lics were once second-class citizens. It also explains how a practicing Catholic, William an ‘‘abortion-rights’’ Catholic. Mr. HATCH. This is the first time I H. Pryor, can become Alabama’s attorney He concludes with: have seen this letter. To him, this is a general—something that was close to incon- very important issue. The views he ex- Some things change, and some things ceivable just four decades ago. don’t. The bias against ‘‘papism’’ is alive and I’ve never met Mr. Pryor, but his political presses are drawn from what he’s heard well in America. It just has a different ad- life is a matter of public record. He has at the hearing and the markup. Rea- dress. But at least some people in Alabama served the State of Alabama with distinc- sonable people can draw these conclu- now know where the local Catholic church tion, enforcing its laws and court decisions sions from the markup, from the de- is—and where she stands—even if some peo- fairly and consistently. This is why Presi- bate. ple in Washington apparently don’t. dent Bush nominated him to the 11th U.S. It is coming down to where abortion Circuit Court of Appeals, and why the Senate I ask the Senator from Utah if he has is the be-all and end-all issue to my Judiciary Committee approved him last seen that article. colleagues on the other side. Sure, they Wednesday for consideration by the full Sen- Mr. HATCH. I had not seen it before cannot vote against everyone. I don’t ate. tonight, that I was aware of. I had been know how many of these people are But the committee debate on Pryor was told the Catholic bishop had written pro-life or pro-choice. I never ask any- ugly, and the vote to advance his nomination this article. I can see why he has drawn one that. split exactly along party lines. Why? Be- this conclusion. I can see why anyone The fact is, I can see why people are cause Mr. Pryor believes that Catholic would. drawing this conclusion. I will give a teaching about the sanctity of life is true; that the 1973 Supreme Court Roe v. Wade de- I hear the moaning and groaning and few other reasons they are drawing cision was a poorly reasoned mistake; and scheming, but I happen to be a member that conclusion before we are through that abortion is wrong in all cases, even rape of the Church of Jesus Christ of Latter- here tonight. and incest. As a result, Americans were day Saints. I belong to the only church Mr. SANTORUM. If the Senator will treated to the bizarre spectacle of non- in the history of this country that had yield for another question, I ask unani- Catholic Senators Orrin Hatch and Jeff Ses- an extermination order out against it, mous consent to have printed an arti- sions defending Mr. Pryor’s constitutionally where our people were brutally mur- cle by Bishop Charles J. Chaput, Arch- protected religious rights to Mr. Pryor’s dered and driven from State to State bishop of Denver, written as a result of critics, including Senator Richard Durbin, an ‘‘abortion-rights’’ Catholic. leaving trails of blood. this nomination. The article talks According to Senator Durbin (as reported I don’t like religious discrimination about a friend of his in Alabama and by EWTN), ‘‘Many Catholics who oppose in any way. I can see why people are the fact there were not very many abortion personally do not believe the laws drawing these conclusions from this de- Catholics in Alabama in the 1960s when of the land should prohibit abortion for all bate. I can see why people draw such

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20163 conclusions when you start attacking a There is always somebody who wants are people who are good people writing man because he has deeply held beliefs. to enforce an abortion litmus test, but these letters. And they are just start- Earlier, I read one statement from Pry- we stopped it on our side. It ought to ing. An avalanche is coming. This is or’s hearing, questioning his religious be stopped on their side. from the Union of Orthodox Jewish beliefs. It was made; and anyone with Mr. SANTORUM. If the Senator will Congregations of America, July 23: brains would say, what are his deeply yield for another question, I sincerely DEAR SENATOR HATCH: We write to you held beliefs? He is a traditional pro-life thank the Senator from Utah for his with regard to the Judiciary Committee’s Catholic conservative. And I guess that yielding to me for these questions and consideration of the nomination of William is not a good thing to be if you’re be- for his very articulate defense of this Pryor, the current Attorney General of the fore this body seeking confirmation to nominee and the principle which I be- State of Alabama, to the U.S. Court of Ap- lieve and I think the Senator believes peals for the Eleventh Circuit. the federal bench. The Union of Orthodox Jewish Congrega- I think it is a good thing to be. I in. tions of America, the nation’s largest Ortho- don’t think it is bad to be a liberal pro- One of the reasons I brought the arti- dox Jewish umbrella organization rep- life Catholic. I think it is important to cle up was, many people outside of this resenting nearly 1,000 congregations nation- live your religion, regardless of what Chamber—not just Catholic, not just wide, is a non-partisan, religious organiza- religious persuasion you are. I under- Christian, but of all faiths—are deeply tion and—like most other organizations in stand religious discrimination. The concerned about what is going on in the American Jewish community—it has name of my church is the Church of this Chamber. I thank the Senator for been the UOJCA’s longstanding policy nei- his willingness to stand up and to have ther to endorse nor oppose judicial nominees Jesus Christ of Latter-day Saints, yet I in the confirmation process. However, to our am unacceptable in certain groups be- the courage to articulate that. I make the point that he is not alone in com- dismay, we have witnessed several of our cause they don’t think we are Chris- community’s organizations deviate from this tians. I will match my Christianity up ing to the conclusion he has come to, shared policy in recent weeks and oppose the against anyone’s. I read the Bible all that many people in this Chamber have confirmation of Mr. Pryor. the time. I try to read it from begin- come to, that this litmus test that is Moreover, we are profoundly troubled by ning to end every year. I pretty well do being applied ultimately is a religious the manner in which this opposition has that. It is the greatest book in the one. been framed. We thus feel compelled, unlike our fellow communal organizations, to re- world. And it is the greatest literature. Mr. HATCH. The practical applica- tion. main faithful to our non-endorsement policy But I understand discrimination. Some Mr. SANTORUM. Which is a very but express our view on a critical issue that people will not handle the music I threatening thing. has been raised in connection with this nom- write because they don’t think I am I say for the record, as a pro-life ination—Mr. Pryor’s personal religious faith Christian. I don’t mean to bring that and his capacity to serve as a federal judge Catholic, I voted for hundreds of Clin- in light of that personal faith. up here except that it applies. I under- ton nominees who I knew were not pro- stand that. I understand why people As a community of religious believers com- life—hundreds of them—never voted mitted to full engagement with modern feel this way. If my colleagues on the against one of them, never filibustered American society, we are deeply troubled by other side don’t understand it, I say any of them. I will match up my fervor those who have implied that a person of faith shame on them. in defense of human life against anyone cannot serve in a high level government post When abortion becomes the be-all in this Chamber. But not once did I that may raise issues at odds with his or her and end-all in the judicial nomination vote against one. personal beliefs. There is little question in process—which is what these outside Why? Because that is not my role as our minds that this view has been the groups, almost every one of them, are subtext for some of the criticism of Mr. a Senator, as a civil servant. I know Pryor. We urge you and your colleagues to committed to on the Democratic side— my duties under the Constitution. I it is a serious issue. There are serious emphatically reject this aspersion and send a know my role. I know what I am sup- clear message that such suggestions, wheth- decent people on both sides of that posed to do. What we are experiencing er explicit or implied, are beyond the pale of issue. But when it becomes the be-all here now is not, again, the separation our politics. In our view, Mr. Pryor’s record and end-all litmus test whether a per- of church and state but the separation as Alabama’s Attorney General dem- son can serve—that’s wrong. And don’t from anybody who is faithful to their onstrates his ability to faithfully enforce the give me the argument we have ap- church from the state. That is turning law, even when it may conflict with his per- sonal beliefs. proved all kinds of people who may be separation of church and state that pro-life. Of course, Members cannot The role of religion and of religious citi- would cause any of the Founders to be zens in American life was much discussed vote against everybody. spinning in their grave today. It is ex- during the last presidential campaign. To But we are filibustering, for the first actly what—you can call it anything our nation’s credit, it was discussed in a seri- time in history, good people, judicial you want—but that is exactly what is ous and meaningful way, which revealed a nominations to the Federal courts of going on. national consensus favoring a society where the United States of America, for the The greatest of the freedoms we have citizens of many faiths are not only welcome first time in history. I know a lot of it in this country, the greatest that any in our society, but encouraged to bring their comes down to abortion. I did not let faith into our nation’s ‘‘public square.’’ We country can have, is the freedom to be- urge you to ensure that the deliberations that happen when I was chairman dur- lieve the freedom to think. Because if ing the Clinton years. I don’t think it over William Pryor’s nomination do not un- you don’t have the freedom to think dermine the great progress we have seen on should happen right now, especially what you want and the freedom to do this issue so critical to America’s civil soci- somebody such as Pryor who has a rep- what you want, the freedom to speak, ety. utation for obeying and standing up for to assemble—the freedom to do any- We pray your committee’s deliberations the law even though he disagrees with thing else is meaningless. It is the first will be fair and serve the nation well. it. of all freedoms. That is under assault There are a lot of people concerned As a politician he has that reputa- in this process. about this around here. Let me make tion. I imagine if he can do it as a poli- I commend the Senator from Utah this point. I want to respond to the tician, he can do it and we can take his for standing up in defense of this. concerns of my dear friend, Senator word on it that he would abide by the Mr. HATCH. If my colleague will stay FEINSTEIN. She is one of my dearest law and sustain the law of the land as a few minutes longer, because I want to friends in this body. I think the world a judge. Yet the principal argument make one more point in this area and of her. against him is that he won’t enforce it needs to be made—a couple maybe. She made comments about an ad that the law regarding abortion. There are I believe the Senator has put the let- used the slogan, ‘‘Catholics need not other arguments used, all of which are ters and op-ed piece from the Catholic apply.’’ I don’t have a copy of it here false, in my opinion. This abortion Leader into the RECORD. on a poster. issue is becoming the be-all and end-all I also ask unanimous consent to have She used that because she wants us issue for Democrats in the Senate. printed in the RECORD—because these to decry this ad.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20164 CONGRESSIONAL RECORD—SENATE July 30, 2003 Well, I am not happy with this ad. ment services and then discriminate in the Whether you agree with that or But I can see why people have done employment of staff people to run the pro- whether you agree with General Pryor, this, because they believe that this— gram. or not—— ‘‘Ashcroft’s Charitable Choice provisions these debates are devolving to the allow a government funded-program to hang Mr. MCCONNELL. Will the Senator point of attacking a person for his or a sign that says ‘Catholics Need Not Apply’ yield for a question? her personal beliefs, in the case of or ‘Unwed Mothers Need Not Apply,’ ’’ Lynn Mr. HATCH. I am happy to yield Pryor, Kuhl, Holmes, others. added. ‘‘Such a scheme amounts to no less without losing my right to the floor. Let me respond to Senator FEIN- than unconstitutional government-funded Mr. MCCONNELL. I ask the chairman STEIN’s concerns about the ad that used employment discrimination.’’ of the committee if he is aware of any the slogan ‘‘Catholics need not apply.’’ Lynn found Ashcroft’s comments to stu- time in which the Senate, having set a dents at Bob Jones University in 1999 par- precedent, tended to unset it lately? In fact, it was the liberal groups, the ticularly revealing about the attorney gen- liberal inside-the-beltway groups, that eral nominee’s commitment to government Mr. HATCH. I have no doubt that we used the slogan ‘‘Catholics need not neutrality on religion. In the speech, have unset precedents in this body. apply’’ to argue against Republicans Ashcroft said that America has ‘‘no king but Mr. MCCONNELL. My fear, I say to for supporting the Charitable Choice Jesus.’’ my friend from Utah, is that we legislation in 2001. ‘‘Such a statement shows a total lack of crossed the Rubicon on the issue of fili- Let me put one of these ads up, along regard for the principle that it is the U.S. bustering judges. Constitution that serves as the basis for our Mr. HATCH. No question about that. with the words of the Americans laws and national life, not one faith tradi- Mr. MCCONNELL. I can recall as re- United for Separation of Church and tion,’’ said Lynn. ‘‘Our Constitution guaran- State. Here is the paragraph down tees unqualified religious liberties for each cently as the last year of the Clinton here: of us, regardless of our beliefs.’’ administration, the chairman of the Ashcroft’s Charitable Choice provisions Ultimately, Lynn argues that Ashcroft’s Judiciary Committee and others and allow a government-funded program to hang hostility for our constitutional principles myself voting for cloture on judges a sign that says ‘‘Catholics need not apply.’’ disqualify him for the position of attorney that we personally opposed and subse- general. I will not read the rest of it. We will quently did oppose, even though we ‘‘As the nation’s top law enforcement offi- knew there was a chance of killing put it into the RECORD. cer, the attorney general must represent all I ask unanimous consent that the Americans,’’ Lynn noted. ‘‘He must stand for them on filibuster. I think of Paez and letter be printed in the RECORD. the rights of Christians, Jews, Muslims, Bud- I think of Berzon. There being no objection, the mate- dhists, and Hindus. He must advocate for Does the chairman of the committee rial was ordered to be printed in the those who are completely devout about reli- share my view that we may have gone gion as well as those who are totally indif- RECORD, as follows: so far now that this would be the pat- ferent toward it. He must understand certain tern forever in the Senate, denying AMERICANS UNITED URGES SENATE TO REJECT things about America—that the nation was judges up-or-down votes because we ASHCROFT NOMINATION FOR ATTORNEY GEN- not founded on any one particular set of reli- find them unacceptably liberal or con- ERAL gious beliefs but rather was deliberately de- signed to extend freedom to them all. Our servative or too steeped in personal be- BUSH NOMINEE’S VIEWS ARE ‘OUTSIDE THE liefs that they are willing to express MAINSTREAM,’ SAYS AU’S BARRY LYNN nation guarantees this freedom to all faiths by erecting a wall of separation between before the committee? In written testimony submitted to the U.S. church and state. Mr. HATCH. I have no doubt, to an- Senate Judiciary Committee, Americans ‘‘Senator Ashcroft views this wall as one swer the Senator’s question, if we con- United for Separation of Church and State that fosters oppression, not freedom,’’ Lynn today urged senators to reject the nomina- tinue down this pathway we are going concluded. ‘‘By taking this position, he puts to devolve to where people with strong- tion of John Ashcroft for attorney general. himself at odds with both the early Amer- ‘‘[W]e at Americans United have come to ican statesmen who built that wall—men ly held religious beliefs are not going the conclusion that Senator Ashcroft’s pol- like Thomas Jefferson and James Madison— to be able to serve in this country. icy positions and legal opinions are so far and more importantly, the decisions of the That is what it comes down to. I have outside the mainstream that it is doubtful U.S. Supreme Court. For these reasons, we no doubt that if we continue to violate he could enforce the very laws and rights respectfully ask this committee to reject the Constitution by allowing filibus- that the attorney general must protect and John Ashcroft’s confirmation as attorney ters against—under our advise and con- uphold,’’ said Barry W. Lynn, executive di- general of the United States.’’ rector of Americans United. ‘‘We call on this sent mandate in the Constitution, we Americans United is a religious liberty are going to wind up with a mess on committee to reject his confirmation.’’ watchdog group based in Washington, D.C. In his statement to the Senate panel, Lynn Founded in 1947, the organization represents our hands that we will not be able to noted that Ashcroft has frequently expressed 60,000 members and allied houses of worship repair. So we have to get out of this. I contempt and disdain for the Supreme Court in all 50 states. call on our colleagues on the other side and its legal precedents. (Hearings on the Mr. HATCH. Let’s go to People for to get real here. nomination begin today.) the American Way. It is estimated that Mr. MCCONNELL. Further, I inquire For example, Lynn pointed to Ashcroft’s comments to the Christian Coalition in 1998, People for the American Way have be- of the Senator from Utah, the chair- where the former Missouri Senator said, ‘‘A tween $12 and $30 million given to man of the committee, whether he robed elite have taken the wall of separation them, mainly by the Hollywood crowd thinks it will now be routine for every designed to protect the church and they have and big business people, to do what nominee to be asked their personal be- made it a wall of religious oppression.’’ they do in this town, which is to dis- liefs on a whole range of issues, per- Responded AU’s Lynn, ‘‘Ashcroft’s charac- tort Republican nominees’ records. sonal and religious beliefs on a whole terization of the Supreme Court as a ‘robed This is People for the American Way. I range of issues, and be expected to an- elite’ shows a lack of respect unbefitting a will not read it all: swer those kinds of questions. candidate for attorney general. It is a phrase Mr. HATCH. I do not think we will go more commonly associated with religious ex- Charitable Choice, a bad choice for govern- tremists and anti-government militias than ment and religion. that far. At least while I am chairman our nation’s chief law enforcer and protector Here is the paragraph. of the committee we are not going to of civil rights and liberties.’’ An Evangelical church running a govern- do that. I did ask him what his religion Lynn also told the Senate committee that ment-funded welfare program could state was, after all of these questions that Ashcroft’s legislative efforts reflect a dis- that ‘‘Catholics need not apply,’’ in a help were asked in a very extensive hearing regard for constitutional principles. wanted ad. where religion was put squarely in ‘‘Senator Ashcroft’s contempt for First I do not recall any Democratic Sen- issue by the other side. I did ask him Amendment case law is not merely rhetor- ators expressing outrage about that. I that because I wanted to establish that ical, but also took legislative form,’’ Lynn said. ‘‘During his sole Senate term, Ashcroft did not see one comment about the fact this had gone too far. developed legislation called ‘charitable that the liberals have used this lan- I don’t intend to ever ask that ques- choice,’ a plan that allows religious groups guage against the Charitable Choice tion again. I don’t think my colleagues to receive taxpayer funds to perform govern- legislation. will. The distinguished Senator from

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20165 Vermont said he will never ask that CATHOLIC LEAGUE cannot follow the law because of his question, and he criticized me for doing FOR RELIGIOUS AND CIVIL RIGHTS, deeply held beliefs. Come on. He has so. But I think it was highly justified New York, NY, July 25, 2003. more than shown that he follows the under the circumstances, and I think DEAR SENATOR: You will soon be voting on law even though sometimes it is to- the candidacy of Alabama Attorney General we made a pretty good case tonight Bill Pryor for the federal appeals court in tally in conflict with his religious be- that it was justified, although I am Alabama. As president of the nation’s largest liefs because he is a great lawyer. He sure some of my colleagues will take Catholic civil rights organization, I ask that realizes that if you do not follow the umbrage. you subject him to the same standards as law, pretty soon we will not have any But let them take umbrage. People you would any candidate. I am also asking laws. The quickest way to get rid of all over this country are starting to that you challenge any colleague of yours the Constitution is to not abide by it. say there is litmus test arising. Cer- who may attempt to subject Pryor to a de Even though there are decisions by the tainly there are outside groups that facto religious test. Supreme Court that I abhor, and that I are trying to smear our nominees—es- I have plainly said there are no anti-Catho- lics in the U.S. Senate. But I have also said think are bad decisions to start with, pecially Attorney General Pryor, that this does not empty the issue. the fact is that when it is the law, I be- Judge Kuhl, and Mr. Holmes. Bill Pryor’s deeply held opposition to abor- lieve we ought to abide by it. Mr. MCCONNELL. Mr. President, I tion as a moral issue, as well as his deeply He has more than amply shown that further ask the chairman of the com- held opposition to the jurisprudential rea- he would, even under severe criticism mittee. He may well have received—I soning as evidenced in Roe v. Wade, have by his supporters—by his own Governor know I did and other Members of the made him a lightning rod for abortion-rights who appointed him, by the Supreme Senate did—a letter today from Wil- advocates. In other words, it is precisely Court Chief Justice who begged him to liam Donohue, Ph.D., who is president Pryor’s religious convictions that are bring scrutinized. Given the cast of mind of some make certain arguments, he abides by of the Catholic League For Religious the law. Yet his assertions and his and Civil Rights. He said, among other of his critics, it makes it virtually impos- sible for practicing Catholics to ascend to word as a man of integrity and honor things, in his letter: the federal bench. all his life are given short shrift. Some of Pryor’s critics are themselves Some of Pryor’s critics are themselves Democrats are playing this phony Catholic and thus resist the contention that Catholic and thus resist the contention that ‘‘gotcha politics’’ game, in which they is being opposed because of his religion. But he is being opposed because of his religion. they do so by falsely claiming that on the ‘‘investigate’’ unauthenticated—and But they do so by falsely claiming that on many believe, stolen documents—and subject of abortion, there is more than one the subject of abortion, there is more than acceptable position for Catholics to take. one acceptable position for Catholics to we object but participate only to keep They are dead wrong. Catholic teaching on take. They are dead wrong. Catholic teach- our side informed. After weeks of their abortion is unequivocal: It is gravely sinful. ing on abortion is unequivocal: it is gravely ‘‘investigation,’’ they didn’t find one This is not a matter of dispute—it is a mat- sinful. This is not a matter of dispute—it is thing inconsistent with Pryor’s testi- ter of doctrine that all Catholics are ex- a matter of doctrine that all Catholics are mony. They called almost everyone pected to uphold. Especially public officials. expected to uphold. Especially public offi- The danger, then, is that Bill Pryor may be named in these documents. I don’t cials. rejected because of his religious convictions. know if they got all of them on the The danger, then, is that Bill Pryor may be phone. But they didn’t find one thing I think what is so disturbing here to rejected because of his religious convictions. many of us—I am personally not a This would be outrageous and that is why I wrong. Pryor made himself available Catholic—is that you could adhere to am asking you to do what you can to prevent twice, so they could ask any question the teachings of your church and then this from happening. they wanted to ask, but twice, they in effect be penalized for it even Sincerely, didn’t ask a single question. Then they though there is no evidence that in car- WILLIAM A. DONOHUE, Ph.D., come here and said they haven’t had President. rying out your duties as a public offi- the full investigation. Give me a break. Mr. MCCONNELL. Mr. President, I cial you wouldn’t follow the law. It is getting to be where it is hard for I ask the chairman: Are we being pe- ask the chairman of the committee, people of devout beliefs to not be criti- nalized for our own personal religious isn’t the important thing whether cized if those beliefs contradict abor- convictions in seeking public posi- there is demonstrable evidence that a tion rights. tions? nominee has been unwilling to follow Look. We have people on our side Mr. HATCH. There are people all over established law and it is my under- who feel very deeply about that. Some this country who are coming to the standing—I ask the chairman whether of them—very few—wanted to fili- conclusion that Bill Pryor is being it is his understanding—that Attorney buster. We stopped it because we knew treated that way. Personally, if you General Pryor has followed the law it would be terrible for this body to go are going to apply abortion as a litmus when it was very tough to do so as an through filibustering nominees to the test, and that is his deeply held per- elected official in Alabama. Federal judiciary. sonal belief, even though he has exhib- I believe our friend from Alabama, But now Democrats are filibustering ited more than an effort to obey the the junior Senator from Alabama, Mr. nominees. When a person of the integ- laws no matter what they are, I can see SESSIONS, cited a number of cases upon rity of Bill Pryor is constantly called why people arrived at that conclusion. which Attorney General Pryor, as an into question because of deeply held I see why Mr. Donohue feels that elected official and not insulated from beliefs, I can see why people from all way. This is getting to be an ava- the wishes of the voters, took very over the country are starting to ask lanche. The new code words for some tough positions on various issues be- what his deeply held beliefs are. They are that, well, I don’t personally be- cause he was following the law. Isn’t are religious beliefs because he is a tra- lieve in abortion but I believe a woman that the fundamental question that we ditional pro-life Catholic—and God for- ought to have a right to choose. ought to ask of nominees, whether to bid conservative—and that is, frankly, Give me a break. That is a nice ex- the left or to the right? Will you follow behind this in the eyes of many people. cuse. But that certainly is not accept- the law? And if they have dem- I don’t want to attribute that to my able, it seems to me, to many religions, onstrated examples where they have colleagues on the committee but I be- including the Catholic faith, as has done so, that would be relevant to lieve they are letting this happen. I been said by these letters. whether or not they ought to be con- call on them to help stop it. Mr. MCCONNELL. Mr. President, I firmed. The reason I bring up these two post- ask unanimous consent that this letter Mr. HATCH. It certainly would. We ers tonight is because these liberal to which I referred from Dr. Donohue have reached a point on the Judiciary groups use these slogans that ‘‘Catho- be printed in the RECORD. Committee where a person who has al- lics need not apply’’ to argue against There being no objection, the mate- ways had an honorable reputation such Republicans for supporting Charitable rial was ordered to be printed in the as General Pryor is immediately told Choice legislation. When that slogan RECORD, as follows: by my Democratic colleagues that he was used against Republicans, I did not

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20166 CONGRESSIONAL RECORD—SENATE July 30, 2003 hear any outcry from my friends on the have this one-person majority. Can you valid reason—at least I have not heard other side. I did not hear any outcry. imagine how much good work we could one yet, and I have heard everything Specifically, Americans United for Sep- do if we had a few more in the major- they have said. aration of Church and State argued ity? It would not be nearly this Priscilla Owen, you can’t find a bet- against John Ashcroft’s nomination for screaming and shouting and this bit- ter woman. Priscilla Owen became a Attorney General. Their press release terness that sometimes does arise, top-flight partner in one of the major stated that Ashcroft’s Charitable coming primarily from outside. law firms, broke through the glass ceil- Choice provisions allow a government- I think the public has a right to ing for women, has been a mentor for funded program to hang a sign that know exactly where their Senators women, is unanimously well qualified, says ‘‘Catholics Need Not Apply.’’ stand on these issues. If you do not like and a justice on the Texas Supreme That is ridiculous. But that is what Bill Pryor, vote against him. If you Court. She has all kinds of Democrat they did. I did not hear any screaming think that his religious views are going support from Democrat co-justices about that. I did not hear any of this to color his decisions on the bench, right on through the State—the people righteous indignation from our col- vote against him. If I thought that, I who know her the best. And she is leagues over here about that. We didn’t would vote against him. being filibustered. dignify it; at least I didn’t. The public needs to know, how are Bill Pryor is as good a man as I have People for the American Way, which you going to vote on these issues? seen come before the committee; yes, a I think has a very checkered reputa- Some of our colleagues are afraid to person with very deeply held views. He tion in this town—I am getting so I take on these outside groups. We did. I might be filibustered. don’t believe anything they do—criti- did. I have been condemned by some of Judicial nominees’ qualifications cized the Bush administration for sup- them, even to this day, for having done should matter most. And a person’s ju- porting Charitable Choice legislation. so. And I put through a lot of Clinton dicial qualifications ought to be the They said: judges. The all-time champion was sole criteria by which we judge them. Charitable Choice opens the door to gov- Ronald Reagan: 382 judges in his 8 You cannot find better people than the ernment approved discrimination. . . . An years. He had 6 years of a Republican ones I have been mentioning. I don’t evangelical church running a government- Senate to help him, only 2 years with understand it. I don’t understand why funded welfare program could state that Democrat opposition, and he got 382. It the other side is doing this. But they ‘‘Catholics need not apply.’’ was remarkable. Guess how many Clin- are doing it. And I think they are hurt- I am sure some will say maybe they ton got, with only 2 years of his own ing this process tremendously. will do that. Maybe they will. I don’t party in control of the Senate? In 6 All I want—and all any reasonable know. But they are saying a lot of the years, where I was chairman, 377—5 less person should want—and all the public best welfare programs in this country, than Reagan. Had it not been for some wants—is to have an up-and-down vote. a lot of the best programs in this coun- of the holds on the other side—one Sen- Let these people be voted upon. If they try—from the taking care of people ator was not getting his, so he stopped are defeated, I can live with that. But standpoint—are done by religious orga- another from getting his—I think Bill if they are not defeated, they should be nizations, including the Catholic Clinton would have been the all-time able to serve without having their rep- Church. confirmation champion, with 6 years of utation smeared, which is what these Where was the outrage back in 2001 a Republican Senate. We treated him outside groups are doing. I don’t think when the liberals were using the slogan fairly. Now, you can always find some- outside groups of the left or the right ‘‘Catholics Need Not Apply’’ against thing to complain about on both sides, should be doing that. And they are dis- the Bush administration and John but he was treated fairly under the cir- torting this process like I have never Ashcroft? cumstances. And I know it, and I know seen it distorted before. My friends on the other side of the he knows it. Now, Senator FEINSTEIN was not here aisle were silent. I did not hear one of These people deserve an up-and-down when I showed that the left used this them complain about that. vote, at least once they come to the slogan ‘‘Catholics Need not apply.’’ I I met with some 50 people yesterday floor. Justice delayed is justice denied. don’t think it is a good idea, whether from all over the country who believe There are many of these cases, among these ‘‘Catholics need not apply’’ signs we are devolving into an antireligious the litany of people the Democrats or ads come from the left or from the body because of what is going on here. have indicated they are going to fili- right. And I would prefer them to be Again, it is all coming down to abor- buster—it is not just two. Pryor looks stopped. tion. like he is going to be filibustered. Kuhl I don’t like my colleague from All we have asked is for Senators not looks like she is going to be filibus- Vermont thinking that I think he has to filibuster judges. We think it is a tered. Holmes looks like he is going to even an ounce of religious bigotry. I do dangerous, unconstitutional thing to be filibustered. We have talked about not. He needs to know that. But he do. Judicial nominees of any President Pickering being filibustered. You can can’t just slide off and not recognize deserve an up-and-down vote, espe- go down through some others as well— that this is where we are being taken cially once they are brought to the Boyle from North Carolina, et cetera. by some of the attitudes and some of floor. There are all kinds of ways of Our courts cannot work if we don’t the approaches that are going on in the stopping them before they get to the have judges to run them. What is really Senate Judiciary Committee—at least floor, and colleagues on both sides of bothering some of our colleagues on that is what the people outside think, the aisle understand those ways. the other side is that in relation to the religious people. But I can tell you this, we can match American Bar Association, their gold I have to tell you something, some of the decency of our approach any day of standard during all my 6 years as the greatest judges in this country are the week to what went on during the chairman of the Judiciary Committee Catholics—and from every other reli- Reagan and Bush 1 administrations, during the Clinton years has suddenly gion. And some of the greatest ones and now what is going on in this ad- not been a gold standard but a tin have deeply held beliefs. But they are ministration—any day of the week— standard to them, because people like honorable, decent, honest people, just statistically, number-wise, fairness, Miguel Estrada, with the unanimously like Bill Pryor. from a dignity standpoint. well-qualified highest rating of the Now, look, what really has offended All we want are up-and-down votes American Bar Association, are stopped. me and got me going here today—and I for these nominees, especially once For what reason? They do not even knew we were not going to go any fur- they are brought to the floor. What is have a good reason. ther on energy tonight because the really bothering our friends on the The first Hispanic ever nominated to Democrats brought this up. We have an other side is, we do have a right to the Circuit Court of Appeals for the hour scheduled for the debate early in bring people to the floor because we District of Columbia, and not even a the morning tomorrow for a cloture

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20167 vote. They don’t want this cloture holy some on the other side are. But I As Alabama Attorney General, Bill Pryor vote. Why not? It takes 15 minutes. tell you this, there are people all over regularly upheld the law even when it was at And they are trying to say that we are this land who are starting to think this odds with his personal beliefs. Raised a system is not fair to people of belief, to Catholic, those personal beliefs are shared by tossing energy over the hill. They Mainers all across the Pine Tree State. But brought it up. And I am not going to people who have deeply held beliefs. I some in the U.S. Senate are attacking Bill let them get away with it anymore. want you to know I am one of them. Pryor for having ‘‘deeply held’’ Catholic be- I care a lot for my colleagues on the I yield the floor. liefs to prevent him from becoming a Federal other side. There is not one I do not The PRESIDING OFFICER. The Sen- judge. Don’t they know the Constitution pro- like. That is not the usual BS around ator from Alabama. hibits religious tests for public office? Bill here. I do like my colleagues, and they Mr. SESSIONS. Mr. President, I Pryor is a loving father, a devout Catholic, know it. I don’t feel good pointing out thank so much the distinguished chair- and an elected Attorney General who under- to them that what they are doing is man of the Judiciary Committee. He stands the law. The job of a judge is to up- has been a consistent defender of an hold the law, not legislate from the bench. dangerous for this process, and that It’s time for his political opponents to put people all over this land are starting to independent judiciary. He takes those issues exceedingly seriously. He has de- his religion aside and give him an up-or- get some wrong ideas—maybe right down vote. It is the right thing to do. ideas. I think these church leaders are fended them when there was a Demo- Thanks Senators Snowe and Collins for mak- not too far off. In fact, they may very cratic President and he was Chairman ing sure that the Senate stops playing poli- well be right. They took the time to let of the majority-Republican Judiciary tics with religion. us know how they feel. Committee. He defended the Presi- I think that is a legitimate ad. It rep- But to come out here tonight and dent’s legitimate prerogatives in nomi- resents the view of a lot of Americans. start this mess, and make these points, nations. He has been consistent on that There is nothing despicable about that. and then say that we are not willing to and everybody knows it. There is no But I will tell you what is despicable. get the Energy bill done—come on. We basis to criticize him. It is despicable to lie and distort and Bill Pryor is a friend of mine. He is have been doing a slow-walk around misrepresent this fine man’s reputa- one of the finest, most decent people I here for weeks now on the Energy bill. tion, to impugn his integrity, to sug- have ever known. There is not a Mem- My colleagues on the other side know gest he did one thing wrong when he ber of this body or a member of any of that Senator DOMENICI has had some and a group of attorneys general raised these outside groups that has any more health problems and that it has been money for the Republican Attorneys integrity, any more decency, any more very difficult for him, but he is a General Association. They are can- character than Bill Pryor. He is a ster- gutsy, strong Senator, one of the great- didates for office. They raise money all ling individual, an honest man. He tells est ones who has ever sat here. And he the time. There is nothing wrong with the truth. is never going to let you know that he When asked, ‘‘if you disagree with a that. But the Democrats insisted there has been hurting. But they know. law or a court opinion that goes be an investigation, even though they We can do this bill by the end of this against your values, will you enforce had the records for many weeks. Parenthetically, let me just talk week, and we can still have our votes it?’’, he said: ‘‘Senator, you can take it about how they got those records. The on cloture, which need to be done be- to the bank.’’ Not only did he say that, records came to Senator KENNEDY, not cause the Senate is capable of doing as so many of our nominees have and multiple things. If we were not, we as we have accepted, he has dem- to the chairman of the committee, my- would not have lasted for over 200 onstrated it time and time again as At- self, or the senior Senator from Ala- years. And we can do those trade bills, torney General of Alabama. bama. Senator KENNEDY had them for too, if we just have a modicum of co- It is really extraordinary to me. I some time before anyone else knew operation from the other side. But, no, don’t think there is a politician in they existed. The lady who gave them there is a slow-walk here. And some on America who has so consistently taken to him had been an associate of a cer- our side—in fact, it is a growing num- very difficult positions in a political tain Lannie Young in Alabama, who re- ber—are starting to believe that slow- environment—positions most people cently pled guilty to a bribery scheme walk is to try to make the Senate look would say a politician was crazy to investigated by the United States At- bad. You can’t make it look bad be- take—than Bill Pryor. He did it, and torney’s Office and Attorney General cause we have had a lot of legislation there is only one principle guiding him. Bill Pryor. So she leaks those docu- go through this year. And we are going What is that principle? It was required ments to Senator KENNEDY, and then, to keep plugging away until we get by the law. He is a man of the law. at his staff’s suggestion, to Senator more that this country needs. But it Yes, he is a Christian gentleman. LEAHY. And then the Democrats want sure is a chore every step of the way. When he makes a statement, part of to have an investigation. So the chair- I don’t want to hear these phony ar- his religion teaches that it ought to be man’s staff says, OK, let’s get the at- guments that we can’t have 15 minutes an honest statement. So when he said, torney general on the phone. You can for a cloture vote, or even an hour de- ‘‘if the courts rule on something I don’t interview him, ask him any questions bate beforehand. We can start at any agree with, if it contradicts my views you want to ask him about this effort time in the morning. on abortion, I will follow the law,’’ you to raise funds for the committee. Most people do not even get moving can take it to the bank. That is the The bipartisan investigative staff had around here until 10 o’clock. We can do kind of man Bill Pryor is. the phone call. The chairman’s staff that without interfering with the en- There has been an awful lot of railing asked many detailed questions, and At- ergy debate. Senator DOMENICI was about this ad by the Committee for torney General Pryor’s answers cor- willing to be here all night long, if he Justice. It has a courthouse chambers roborated his testimony before the had to, to take amendments and move with a little sign on it, and the sign committee during his hearing and in this along. I think we Republicans were says ‘‘Catholics need not apply.’’ Isn’t written questions. The Democrats re- ready to be here for as long as it took this a legitimate commentary on how fused to ask Attorney General Pryor to support him and others on the Dem- people feel about what is happening any questions. Why? Because they ocrat side who believe we need an En- here? You can agree or disagree, and wanted to stall his vote in committee. ergy bill. say it is not a really an accurate state- It was already the fourth time his But to come out here and make these ment if you want to. I say it is legiti- hearing had been set. The time had points against Bill Pryor that are not mate commentary. come up for a vote to be cast on his only false but demeaning to this body My colleagues went into a conniption nomination in committee. The Demo- is wrong. fit about it. The ranking member crats didn’t want a vote. So they I am going to yield the floor. I know twice, in two separate hearings, called dragged it out, partly by invoking a my colleague would like to speak. I am this ad despicable. Let me read for you rarely used two-hour rule, cut off de- tired of hearing these arguments how what it says. bate, and obstructed a vote.

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They were given yet an- supposed issue, sent out information to absolutely committed to the rule of other chance to get Attorney General newspaper editors and made these alle- law. His whole life and whole political Pryor on the phone and ask him any gations that Bill Pryor had gutted the philosophy has been built on the fact questions they had about this alleged Americans With Disabilities Act, and that judges should be true to the law issue. Instead, they called 20 of the al- he didn’t care about people with dis- whether they agree with it or not. That leged contributors on the list. They abilities. They said so directly. is the whole purpose of the rule of law. called employees of the Republican At- But what did he really do? He argued That is why this Nation is so wonder- torneys General Association. Not one in the Garrett case against the con- ful, why we have so much freedom. We contradiction was found. Nothing un- stitutionality of one small part of the follow the law to an extraordinary de- ethical was found. Yet the Democrats Americans With Disabilities Act that gree. A lot of countries that have great continue to sully his reputation by im- said a State employee could sue the potential never reach it because they plying that the investigation proved State of Alabama, or any other State, don’t have a rule of law that ensures that Pryor misled the Committee. This for money damages in federal court for predictability and justice. is wrong, because not one person in violations of the Act. It was a suit As attorney general, Bill Pryor had this body has the integrity of Bill against the University of Alabama, a to be an advocate. He proved to be a Pryor, I would say. This is a fine, de- State institution; and the Attorney great one. As attorney general, he con- cent man who has lived his life doing General of Alabama, charged with the sistently has followed the law coura- the right thing. I feel strongly about responsibility of defending the State, geously, even when he knew he might that. I won’t back down. said this in his brief: I believe in the face complaints from friends and allies. I will tell you some other things that Disabilities Act. I believe people with Members of the Senate should study are despicable in the attack on Bill disabilities should be treated fairly. his testimony carefully and evaluate Pryor. One of our Senators just said re- The State of Alabama believes that his real record, not the trumped-up cently on this floor, with regard to Bill under the Federal statute this person charges, not the bogus attack sheets Pryor’s participation in a certain Su- can get his or her job back. The Fed- being produced by outisde groups, and preme Court case: He used his power as eral court can issue an injunction not mischaracterizations by these attorney general to obstruct the en- against the State of Alabama to rem- groups, some of which themselves have forcement of the Violence Against edy a violation. But the Congress could very out-of-the-mainstream positions. Women Act in Alabama. not allow this State employee to sue Let me say, parenthetically, that a Now that is the kind of thing People the State for money damages because, number of these groups have extreme for the American Way do. That is the under the Eleventh Amendment prin- views on the separation of church and kind of attack the Alliance for Justice ciple of sovereign immunity, a state State. Some of these groups believe puts out. I am sure some staff person cannot be sued for money damages in there can be no drug laws, that we put that language together for the Sen- federal court. This is because the power ought to legalize drugs. Some believe ator, and perhaps she made her speech to sue is the power to destroy. A State there can be no laws against pornog- and didn’t really understand what she always controls and limits the power of raphy. The ACLU opposes laws against was saying. a suit against itself. child pornography. Who is out of the That is a false and unfair statement. Bill Pryor took this argument to the mainstream here? Let me tell you what he argued with Supreme Court. What did the Supreme And let me ask you this: Why would respect to the Violence Against Women Court do? The Supreme Court ruled At- leading African-American Democrats Act. He participated as amicus in an torney General Pryor was correct. And like our Congressman ARTUR DAVIS, a appeal to the Supreme Court ques- in any event, this affected only 4 per- Harvard graduate and a lawyer himself, tioning whether the part of that act cent of all the cases that might be former U.S. Attorney; why would Rep- creating a federal civil remedy for a brought, because only 4 percent of the resentative Joe Reed, chairman of the purely intrastate act violated the Com- employees in America work for States. Alabama Democratic Conference, a merce Clause. Pryor argued his posi- Most States have disability rights pro- member of the Democratic National tion to the Supreme Court, and the Su- tections, anyway. They don’t need to Committee, one of the most powerful preme Court agreed with him. file under the Federal Act. political figures in Alabama for 30 This falsehood about Bill Pryor’s in- This is why it is wrong and des- years; why would Representative Alvin difference to violence against women is picable and dishonest to say Bill Pryor Holmes, Representative Holmes, a lieu- also ironic, because he has a tremen- lacks sensitivity for the disabled sim- tenant with Dr. Martin Luther King, dous reputation in the State of Ala- ply because he legitimately defended who has been beaten for his commit- bama for standing up for the victims of the State of Alabama and won in the ment to civil rights, all speak up for domestic violence. Kathryn Coumanis Supreme Court. This attack should not him? Why does the former Democratic is one of the leaders in the State in the have been made. Governor of Alabama speak so highly movement to protect women against Some say Bill Pryor is an activist. I of him? Why does the Speaker of the domestic violence. She heads the Pe- would say he is an active attorney gen- Alabama House speak so admiringly of nelope House. She has written on Bill eral. He is constantly working to pre- him? Pryor’s behalf and noted that the wom- serve the rule of law and protect the le- All these people support him because en’s groups in the State involved in the gitimate interests of the people of Ala- he is not as Beltway attack groups issue of violence against women put bama. That is what he is paid to do. He have caricatured him. He has been a Bill Pryor in their Hall of Fame. Yet is absolutely not an activist in the way champion of liberty and of civil rights. we have people on this floor and we Chairman ORRIN HATCH defines it. As Much has been changed in Alabama have outside groups saying Bill Pryor Chairman HATCH defines it, an activist over the years. We have the highest does not care about violence against is a nominee for the bench who will not number of elected African-American women. That is flat-out wrong. restrain himself or herself to the law, officeholders in the United States. On We have seen some outside groups at- but in fact seeks to carry out and fur- the day we had General Pryor’s nomi- tack Bill Pryor, saying that he was ther their personal ideological agenda nation hearing, it marked the anniver- against the disabled. These groups by twisting the meaning of words in sary of a sad day in which Governor

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20169 Wallace stood in a schoolhouse door. firm view about separation of church school systems in Alabama advising But you must know that Bill Pryor was and State. Basically, he did not think them on what they could legally do as not part of that. He was a mere child at there was much separation. He read the teachers, principals, and coaches, and that time. Secondly, his parents were Constitution pretty plainly. The First what they could not do, and what chil- John F. Kennedy Catholic Democrats. I Amendment says Congress shall make dren could do and what they could not suspect this hearing might change no law respecting the establishment of do. some of their views. When he gave his a religion, and the Governor thought The Atlanta Journal Constitution inaugural speech after winning elec- that meant the United States Con- wrote an editorial praising him for tion as attorney general, with 59 per- gress, not the State of Alabama. He did stepping up in a tough, emotional time cent of the votes, he opened that not adhere to the view that the 14th and providing good leadership. And, in- speech with these very telling words: amendment incorporates the First and deed, the Clinton Administration basi- Equal under the law today; equal under the applies it to the States. cally adopted verbatim Bill Pryor’s law tomorrow; equal under the law forever. Then-Governor James said: What is guidelines, and sent them around the Not segregation today, tomorrow, wrong with coaches leading the players country to other schools. and forever, but equality. That is how in prayer? He wanted Bill Pryor to file This idea that he is some sort of ex- he led off his speech, and that is the a lawsuit to vindicate him. Shortly tremist is absolutely false. This is a kind of man Bill Pryor is. Those words after having been appointed Attorney courageous lawyer who does the right General—at a very intense and emo- were a fitting response 40 years after a thing day after day, time after time to tional time in the State, with the Gov- promise of another kind. a degree I have never seen before by Bill Pryor is one of the good guys. He ernor of the State speaking up for any politician in my life. does the right thing. He frequently has prayer in schools—Bill Pryor had to On abortion, they say he has deeply refused pleas from his Republican make a tough decision. He had to re- held beliefs about abortion; he cannot friends when he thought the law didn’t view the law carefully. be trusted to be a judge. The distin- What did he do? He filed a respect- support their position. For example, guished Senator from Kentucky a few able brief in court. He would not file those friends rightly believed the legis- moments ago hit it exactly correctly. the brief the Governor wanted, so the lative district lines had been gerry- When a nominee has taken a view that Governor got his own lawyer and he they believe abortion is wrong, then it mandered in the State, making it very also filed a brief. As I know as a former difficult for Republicans to win legisla- is perfectly proper for the Senate to in- Attorney General of Alabama, only the quire about that. What should the in- tive seats. Attorney General is legally allowed to In fact, although we had in Alabama quiry be? Senators should not say: Mr. speak for the State in court. So Bill two Republican Senators, five Repub- Pryor, we want you to grovel down Pryor, as Attorney General, filed a here on the floor; we want you to re- lican Congressmen, and a Republican brief saying that the Governor—who nounce your views about abortion; we Governor, only a third of the state leg- had just appointed him—did not speak want you to say, ‘‘I don’t believe that islature was Republican. Some Repub- for the State of Alabama. licans felt that this was a redistricting Opponents said that Bill Pryor some- anymore,’’ as a price for being con- problem. So they filed a voting rights how is a tool of the chief justice of the firmed—that is absolutely wrong. suit arguing that the majority-minor- Alabama Supreme Court, Roy Moore, What should Senators say? They ity legislative districts were improper. who has deep convictions about how should say: Mr. Pryor, you have ex- They asked for support from the Re- the Constitution and the laws ought to pressed your view that abortion is bad, publican Attorney General. He would be applied with regard to separation of that you do not think Roe v. Wade was not take their side. He courageously church and State, and who put in a rightly decided; but will you follow it? led the case, as it turned out, for the monument in the court recently that Then see what he says. Senators do not African-American Democratic position. had the Ten Commandments on it. The have to accept what he says; they can He lost before the three-judge dis- judge did not think anything was inquire further. To those inquiries, Bill trict court—and backed up by an ami- wrong with that. He met with the At- Pryor said ‘‘Of course, I will follow the cus brief from the NAACP—won in the torney General, and they discussed law, Senator. You can take it to the U.S. Supreme Court. His argument was legal actions against him to remove bank.’’ What is significant is that Bill plain and simple. He said the plaintiffs the monument. They did not reach an Pryor has a record showing that he will did not have standing to file a lawsuit. accord. The attorney general did not live up to that answer. Whether the lawsuit had been meri- agree with the Chief Justice on his As far as I can tell, there have been torious or not, it was not a legitimate views of what the law was. So eventu- only two instances in his public life in lawsuit because they did not have ally, the Chief Justice had to hire his which he has dealt with abortion. The standing. Attorney General Pryor took own lawyer and file his own brief, and first had to do with Alabama’s partial- it to the Supreme Court, and the Su- Attorney General Pryor filed a more birth abortion statute, that severely preme Court ruled with him. Some of limited brief pointing out that if you restricted partial-birth abortion. Par- my friends and some of Bill’s friends go to the Supreme Court of the United tial-birth abortion is a very horrible are still mad about that situation, but States, there are several different de- procedure. Overwhelmingly, Americans he believed that was the right thing to pictions of the Ten Commandments on reject it. The American Medical Asso- do under the law, and he made that call the walls of the U.S. Supreme Court. ciation said it is never justified as a as the attorney general for the State of He basically said: What is good for the medical procedure. And Alabama Alabama. U.S. Supreme Court ought to be good passed legislation to virtually elimi- He had taken an oath to defend the for the Alabama Supreme Court. nate it. State of Alabama. These gerry- Opponents say Bill Pryor is extreme As Attorney General, he super- mandered districts were the laws of the on religious issues. That is not true. intended the State’s district attorneys State of Alabama, endorsed by the leg- For example, I mentioned earlier how who enforced this law. He sent them a islature. So he defended the districts he stood up and did what was right directive in 1997 stating that parts of even when it went against the interest with regard to the pressure from the the partial-birth abortion bill were un- of his political allies. Governor on school prayer. After that constitutional and could not be en- That is why Joe Reed and Alvin decision, there was much confusion in forced. Isn’t that proof that he will fol- Holmes speak highly of Bill Pryor. the State. School boards did not know low the law even if he disagrees with They have seen him in action. what to do; teachers were leading it? On one of the church-and-state issues prayer; others said you cannot do that. The other example involving abor- that came up not long after he was ap- What was the law? tion was when Attorney General Pryor pointed Attorney General by our To answer that question, Attorney issued stern warning that those who former Governor, the Governor had a General Pryor wrote guidelines for threatened violence against abortion

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20170 CONGRESSIONAL RECORD—SENATE July 30, 2003 clinics, or against those who sought to deliberately twisted his record. What records. In the history of this country, exercise the constitutional right to they have done is not right. we have never had filibusters of circuit abortion at those clinics, would be Some in this chamber say we need and district judges, but the Democrats fully prosecuted. collegiality. They say Republicans have started two now because they de- So outside groups attack him on his should renounce this outside ad about cided to change the ground rules. deeply held beliefs, even deeply held re- ‘‘Catholics need not apply.’’ I would Now we have these Members come ligious beliefs, and they suggest that say this to my friends: Let’s see you re- down on the Senate floor and act all somehow he is an extremist because he nounce some of these ridiculous, ob- upset that somehow collegiality is personally thinks that abortion is a scene, despicable misrepresentations of being upset here. They do not know taking of innocent human life. Bill Pryor’s record and his character. I why the chairman has determined to Bill is a thoughtful person. He is not would like to see that. move nominations forward and not let some automaton for any church or any Yes, we do have a problem with them be obstructed and delayed. I call person. He thinks about these issues collegiality, but I do not think it is the on the Democratic leader, Senator carefully. He has shared his views result of Chairman HATCH’s leadership. DASCHLE who speaks for this party. about it. He believes that the life that When he was Chairman of the Com- There would not be a filibuster of these is in the womb has all the characteris- mittee, we moved 377 Clinton nomi- nominations if he did not approve it. tics of what that life will be as an nees. Only one was voted down. When He needs to remember the history of adult. There is no doubt that it is going he was Chairman of the Committee, this body. It is a mistake for him to to become a human being. He believes not one time did we vote down a Clin- lead the Democrats into an unprece- that we ought not to withdraw the ton nominee on a party-line vote. Dur- dented period in which we filibuster law’s protection from that life. That is ing that short time, a year and a half Presidential nominees for the federal his view. or so, that the Democrats had a major- courts. But the Supreme Court has not ity in the Senate Judiciary Committee, I firmly believe a fair reading of the bought it. In Roe v. Wade and Planned they voted down in committee, on a Constitution is that nominations for Parenthood v. Casey they held dif- party-line vote, two President Bush judgeships should be confirmed based ferently. Bill Pryor said: I understand nominees. on a majority vote. Any fair reading of that. I will follow the Supreme Court In May, President Bush nominated 11 the Constitution will show that. That precedents. judges for the court of appeals. He re- is why we have never filibustered in How do we know he will? Because he nominated one Democrat who had been the history of the country, but the did it even with respect to the partial- nominated by President Clinton, but Democrats have now created what in birth abortion statute in Alabama. So I not confirmed, and two Democrats effect is a supermajority requirement do not know what more a person can do overall. The Democratic Judiciary to block the right of nominees to an to prove his fidelity to the rule of law. Committee promptly moved the 2 up-or-down vote. Bill has gained great support in the Democrats and confirmed them. Al- There are many more things I could State. He is a man who is respected most 2 years later, several of the re- say about Bill Pryor. But I will not do across party lines, across racial lines. maining nine had not even had a hear- that tonight. I appreciate the indul- Representative Alvin Holmes wrote ing in committee. This was an unprece- gences of my colleagues and the staff. this powerful letter on his behalf, and dented slowdown of the confirmation This battle to allow people to have he told the story about Alabama’s old process. honest personal views, so long as those constitutional provision that prohib- The Democrats met and decided de- views do not influence their official in- ited interracial marriages. Of course, liberately and consciously to change terpretations of existing law, is an im- that had been struck down some time the ground rules for confirmation. portant battle for America. I intend to ago by the United States Supreme There is no doubt about that. Who is be a part of it and a lot of others do, Court. It was unconstitutional, but it changing the ground rules? I submit it too. It is not going away. We are not remained in the constitution. is the Democratic members of the Ju- backing down. Alvin Holmes, as a lieutenant for Dr. diciary Committee, by some of their I yield the floor. Martin Luther King, and still a vibrant tactics. They started an effective fili- The PRESIDING OFFICER. The Sen- battler for civil rights in Alabama, said buster in the committee, creating a sit- ator from Illinois. it ought to come out of the constitu- uation in which 9 out of the 19 mem- Mr. DURBIN. Mr. President, to those tion. Attorney General Bill Pryor, as bers of the committee could withhold a of us who have been given this great Alvin Holmes said, was the only white vote by relying on a misinterpretation honor to serve in the Senate, there is a politician in the State, Democrat or of Rule IV. I have never heard of that. moment when we are asked to take the Republican, who supported him. They The chairman properly ruled under oath of office. In taking that oath of got it out of the legislature, put it on Rule IV that the chairman has the pre- office, we swear to uphold one docu- the ballot, and the people of Alabama rogative to bring a matter up for a ment. That document, of course, is the eliminated it from our constitution. vote. Constitution of the United States of Bill Pryor campaigned for that elimi- Their citation of rule IV ignores America. nation throughout the State because what it says is the purpose of that rule. We are not asked our religion, nor he thought it was wrong that our con- The first sentence says to bring a mat- our beliefs in our religion. We are only stitution would have those words still ter up for a vote and to deal with a re- asked if we will take an oath to God in it. calcitrant chairman who will not allow that we will uphold this Constitution. This is a man of quite extraordinary a matter to be voted on, if you get one All of us take it very seriously and all character, a man of great skill and member of the other party and a ma- of us take the wording of this Constitu- ability, who has taken cases to the Su- jority vote, then you can bring a mat- tion very seriously because within this preme Court and won them to an ex- ter up for a vote even if the chairman small document are words that have traordinary degree. does not agree. But the rule does not endured for more than two centuries. So I submit there is nothing wrong give a group a right to filibuster and There was wisdom in that Constitu- with the ad that that group put out to keep a vote from occurring, which is tional Convention which America has defend Bill Pryor. It is basically an what they wanted to do. relied on ever since. honest evaluation of the situation. We have had two open, notorious and Sometimes people say, times have Somebody might disagree with it, but unprecedented filibusters on the floor changed. And we do amend the Con- it is honest. against superb circuit court nominees, stitution from time to time. By and In contrast, many of the attacks on Miguel Estrada and Priscilla Owen. large the principles that guided those Bill Pryor have not been honest. Out- Both received the highest rating by men who wrote this Constitution have side groups have been unfair and have ABA, and both have extraordinary guided this Nation to greatness. I am

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20171 honored to be a small part of this Na- won by just a very small margin. It dis- are we then disqualified? If we are, tion’s history and to serve in the Sen- pelled the fears and concerns of many imagine where that can lead. ate. people across the country that a Catho- In this case we have an individual, I looked to this Constitution for lic would be first loyal to Rome and William Pryor, Attorney General of guidance for this debate tonight, and I then loyal to the United States. Alabama, who is a Catholic. The reason find that guidance in Article 6 of the It is an interesting thing to reflect I know that is the chairman of the Sen- Constitution. Let me read a few words on the view of Catholics in public life ate Judiciary Committee, ORRIN from that book. in 1960 and the debate which is taking HATCH, asked him. That is the first . . . no religious Test shall ever be required place tonight. The issue has come full time I can recall in the 41⁄2 years I have as a Qualification to any Office or public circle. Now there are those who argue served on this committee that it has Trust under the United States. that because a nominee comes before ever been asked of any nominee. To- Most of the men who wrote this Con- the Senate and professes to be a Catho- night Senator HATCH said he would stitution were religious people. They lic that we cannot ask that nominee never do it again. I am glad to hear had seen the abuse of religion. They questions about his political beliefs. him say that. I hope he never does that had seen leaders in other countries There are many religious beliefs that again and I hope no committee chair- using religion for political purposes are also political beliefs. There are man of any committee ever asks any and against other people. They came to some religious beliefs that are not. You nominee for office their religion. The this land and said, it will be different can be an adherent to the Jewish reli- Constitution makes it clear we should in America. We are going to protect gion, keep kosher, and I cannot imag- not. But the exception was made by your right to believe. We are not going ine how that becomes a political issue. Senator HATCH and he asked Mr. Pryor to establish a government church and What is the purpose of asking a ques- his religion. we will say in our Constitution that no tion about that? But whether you are That triggered this ad campaign religious test will ever be required of a Jewish, Catholic, Protestant, or Mus- which we have discussed tonight and person seeking a nomination for public lim, it is appropriate to ask any nomi- this heated debate which many have office in our land. nee for a judicial position, Where do followed in the Senate. We have had Those are very absolute and clear you stand on the death penalty? That Members come to the Senate, one who words. I am a Catholic, born and is a political issue. It is a social issue. is a Catholic, saying, This is what good raised. My mother and father were And yes, it is also a religious issue. Catholics believe. Catholics. My children have been Some have argued tonight if a person I guess I was raised in a little dif- raised in the Catholic faith. In my life- comes before the Senate with strong ferent branch of the Catholic church, time, I have seen some amazing things religious convictions that somehow we maybe a branch that believes there happen. In 1960, I was about 15 or 16 are disqualified from asking questions ought to be a little more humility in years old. There was a Presidential about political issues. I see it much dif- religious belief. I don’t like to stand in race with a candidate by the name of ferently. I think the Constitution judgment of my peers as to whether John Fitzgerald Kennedy of Massachu- makes it very clear we should never they are good people or not; let their setts. That may be the first Presi- ask a person their religious affiliation. lives speak for themselves. And I cer- dential election I followed closely. I re- Article 6 of the Constitution says that tainly would never stand in judgment member watching the Los Angeles con- is not a qualification for public office. of someone’s adherence to a certain re- vention on my black-and-white tele- So what business do we have asking ligious belief. That is personal, as far vision at home in East St. Louis. I that question? But to say that because as I am concerned. But not personal to took a special interest because I had a a person’s political beliefs also happen some of my colleagues. stake. The John Fitzgerald Kennedy to be their religious beliefs, that for They come to the floor and make candidacy was the first opportunity some reason we cannot ask questions pronouncements about who is a good since Alfred Smith for the election of a about them, goes entirely too far. religious person and who is not. I am Catholic to be President of the United Consider a so-called church in my not comfortable with that. In fact, I States. We do not think twice about State, the World Church of the Creator am a little bit uncomfortable dis- that now, but in 1960 it was a big deal. in Pekin, IL. A deranged individual cussing this issue of religion in the And a big problem for John Kennedy. named Matt Hale—who could not be Senate, but I have no choice. It has So much so that he feared he might approved by the committee on char- been brought before us. lose the election over that issue. acter and fitness after he had passed What I believe is this: Within the He did something that was historic law school and therefore was never li- Catholic church there are many dif- and I guess unprecedented. He went to censed to practice law—decided to cre- ferences of opinion, even within the Texas and addressed a Baptist conven- ate a church and an Internet Web site church members who serve in the Con- tion to explain his view of the relation in the name of that church, the World gress. I know of one or two who I think of church and State because there were Church of the Creator, and started ped- are really close to adhering to all of real concerns. Many people felt that dling the most venomous beliefs imag- the church’s beliefs in the way that those who were believers of the Catho- inable—bigoted, hateful, racist, anti- they vote, but only one or two, because lic church were so connected and so Semitic beliefs in the name of religion. although those who come to the floor committed to the teachings of the This church and its so-called teachings want to argue to you that the Catholic church and to the leader of the church, drew some demented followers. It cul- Church is only about one issue, abor- the Pope in Rome, that they could not minated one day when one of those fol- tion, there are many of us who believe make objective decisions on behalf of lowers went on a shooting spree, kill- it is about a lot of issues. the United States; they would be ing a basketball coach of Northwestern It is about the death penalty—the clouded in their judgment because of University, Ricky Birdsong, and then death penalty, where the church has the demands of their faith. driving over to the University of Indi- been fairly clear in its position. Again, John Kennedy, a Catholic, went to ana and gunning down an Asian stu- I am troubled that I would even read Texas to a Baptist convention to tell dent, and was finally apprehended. this and put it into the CONGRESSIONAL those gathered that his first allegiance When Matt Hale was asked about the RECORD, but I have no choice, based on as President was to the United States activities of this individual, he said, what has been said over the last 3 and not to any religion. He said: I be- that is just our religion. Their religion. hours. This is a statement by Pope lieve in America where the separation If someone who comes before us with John Paul II, St. Louis, MO, January of church and State is absolute. unusual beliefs and political issues 22, 1999: Many people think that statement says, stop, you cannot ask me about The new evangelization calls for followers and that visit turned the election for those beliefs because they are my deep- of Christ who are unconditionally pro-life, John Kennedy, an election which he ly held personal religious convictions, who will proclaim, celebrate, and serve the

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20172 CONGRESSIONAL RECORD—SENATE July 30, 2003 Gospel of life in every situation. A sign of These charges have been described by some and of the St. Thomas More Society— hope is the increasing recognition that the as ‘‘scurrilous,’’ and I agree. To describe Joy Flowers Conti. dignity of human life must never be taken Democrats as anti-Hispanic after the many This serves as clear evidence that away, even in the case of someone who has Hispanic Clinton nominees that were stopped Democrats do not have an abortion lit- done great evil. Modern society has the in their tracks by a Republican majority is means of protecting itself without defini- disingenuous at best. mus test for judicial nominees. There tively denying criminals the chance to re- To call us anti-woman, well, [as Senator have been many we have confirmed form. I renew the appeal I made most re- Feinstein said] I don’t have to tell you how who were opposed to Roe v. Wade and cently at Christmas for a consensus to end bizarre it is for me to be called anti-woman. have made it very clear that they are the death penalty, which is both cruel and And to say we have set a religious litmus opposed to it. unnecessary. test is equally false. Some names that I can refer to very The words of Pope John Paul II. You Many of us have concerns about nominees quickly: John Roberts, DC Circuit; Jef- didn’t hear much reference to the sent to the Senate who feel so very strongly frey Howard, First Circuit; John Rog- Catholic Church’s position on the about certain political beliefs, and who make intemperate statements about those beliefs ers, Sixth Circuit; Deborah Cook, Sixth death penalty tonight by those who that we raise questions about whether those Circuit; Lavenski Smith, Eighth Cir- were saying that William Pryor is nominees can be truly impartial. cuit; Timothy Tymkovich, Tenth Cir- being discriminated against because of And it is true that abortion rights are cuit; Michael McConnell, Tenth Cir- his Catholic beliefs. Perhaps it is be- often at the center of those questions. As a cuit; and the list goes on. cause Mr. Pryor not only supports cap- result, accusations have been leveled that So for colleagues to stand before us ital punishment, he fought State legis- anytime reproductive choice becomes an and say we discriminate against Catho- lation in Alabama which sought to re- issue, it acts as a litmus test against those lics, the record doesn’t show it. There place the electric chair with lethal in- whose religion causes them to be anti- choice. are people who clearly have Catholic jection. But pro-choice Democrats have voted for affiliations in their background who I am not going to stand in judgment many nominees who are anti-choice and who have been approved by this committee as to whether or not he is a good believe that abortion should be illegal—some and are supported by Democrats. For Catholic. That is not my place. But I of whom may have even been Catholic. I them to argue that we have a litmus bring this issue before my colleagues so don’t know, because I have never inquired. test and turn down judges just because they can understand that the Catholic So this is not about religion. This is about they oppose abortion denies over 140 confirming judges who can be impartial and Church is about more than one issue. nominees coming out of the Bush There are those who hold beliefs which fair in the administration of justice. And when a nominee like William Pryor makes White House, most of whom are pro-life may or may not agree with all the some fairly inflammatory statements and and most of whom disagree with Roe v. teachings of that church, and that is evidences such strongly held beliefs on such Wade personally and still have won our within their conscience and their right core issues, it is hard for many of us to ac- approval. I read a partial list. to do. It is not mine to judge. cept that he can set aside those beliefs and In my own situation, I am pro-choice. But for us to be told repeatedly by act as an impartial judge. I have personal feelings against abor- the other side of the aisle that to op- Somehow, that was characterized as tion but believe that in my public ca- pose William Pryor is to be against questioning General Pryor’s religious pacity women should have the right to him because he is Catholic is just plain beliefs. I do not think any fair reading choose. And yet in my own home State wrong, and I resent it. I resent it be- would reach that conclusion. In fact, I of Illinois, of the 12 judges I have had cause, frankly, there are many reasons think Senator FEINSTEIN was as careful the privilege to appoint to the Federal to oppose his nomination—because of as we all have been to draw that clear bench, at least 3 I have come to learn his political beliefs. and bright line that the Constitution afterward were pro-life. I learned it Oh, yes, some relate to his religion requires us to draw. afterward because I didn’t ask them in and some don’t. But what we are told She said at one point there—and it advance. It really wasn’t a condition in the Constitution is that distinction may come as curious to people fol- for their appointment as far as I was makes no difference; whether they are lowing the debate—that she is not cer- concerned. I just want them to be fair religious or not, stick to political be- tain about how many Catholics we minded and balanced. Whether they liefs. And I believe my colleagues have voted for because, you see, that is not disagree with me on that issue or one really tried to do that on the com- one of the required questions when a other issue is really secondary. mittee. person applies for a judgeship in this So what we have before us today is Let me also say I was disappointed country. We do know, though, just by an effort by the proponents of William that the Senator from Pennsylvania, taking a look at some of their resumes, Pryor to ask us to look beyond his po- Mr. SANTORUM, earlier quoted, I believe that they belong to some organizations litical beliefs and really turn this into out of context, the statement made by which suggest that they might be a debate about religion. I hope we don’t Senator FEINSTEIN of California. It was Catholic. So I would like to say for the do that. I hope we don’t do it for his unfair to her because she had left the record that the argument that we have sake and I hope we don’t do it for the floor and he characterized some of her somehow discriminated against Catho- sake of the Senate. remarks in ways that I don’t believe lics who are opposed to abortion is not The Senate Judiciary Committee she intended. To make certain that the supported by the evidence. meeting of last week was one of the record is clear, I asked her staff to pro- We have, for example, confirmed a saddest times I have spent as a Sen- vide me with a copy of the speech circuit judge who was active in the ator. I saw things happen in that com- which she gave, and I would like to Knights of Columbus and the Serra mittee that I hope will never be re- read an excerpt of that speech given on Club and sits on the board of a Catholic peated. I saw members of the com- the floor this evening by Senator FEIN- school—Michael Melloy. mittee raise the issue of religion in a STEIN to clarify and make certain the We confirmed a district court judge way which the Constitution has never Senate understands that the quote who is a member of the parish council countenanced and I hope and pray has which was referred to earlier by the of his Catholic church, the president’s never happened before in that com- Senator from Pennsylvania was inac- advisory board of a Jesuit High School mittee. I hope it never happens again. curate. Parents’ Club, the St. Thomas More The nomination of William Pryor is I quote what Senator FEINSTEIN said: Society for Catholic lawyers, and his fraught with controversy. This whole Each time the Democrats oppose a nomi- State’s chapter of Lawyers for Life— question about his involvement with nee, we are accused of some sort of bias unre- Jay Zainey. the Republican Attorneys General As- lated to the merits. With Miguel Estrada, we were accused of being anti-Hispanic. With We confirmed a district court judge sociation—we haven’t even completed Priscilla Owen, anti-woman. With Charles who was the former president of Catho- that investigation. This man’s nomina- Pickering, anti-Baptist. And now, with Wil- lic Charities of her city’s diocese and a tion comes to the floor before ques- liam Pryor, anti-Catholic. member of both the Catholic League tions have been asked and answered

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD July 30, 2003 CONGRESSIONAL RECORD—SENATE 20173 that are serious questions about pos- this is a Christian nation—it may have On the issue of voting rights, Mr. sible ethical considerations. been in its origin but today it is a na- Pryor urged Congress to eliminate a I won’t prejudge the man as to tion of great diversity. That diversity key provision in the Voting Rights Act whether he will be cleared of any sus- is protected by this Constitution. Obvi- which protects the right to vote for Af- picion or not. But in fairness to him, in ously, Mr. Pryor has some problems in rican Americans and other racial mi- fairness to the process, in fairness to grasping that concept. norities. While testifying before this the Senate, should not we have com- On the issue of judicial activism, not committee in 1997, Mr. Pryor urged pleted that investigation before he was only does Mr. Pryor have problems Congress to ‘‘seriously consider . . . reported from committee? with separation of church and state, he the repeal or amendment of section 5 of When it comes to critical issues in- also has problems separating law and the Voting Rights Act’’ which he la- volving Mr. Pryor’s background, a lot politics. He believes that it is the job of beled ‘‘an affront to federalism and an of different groups have raised ques- a Federal judge to carry out the polit- expensive burden that has far outlived tions about him. The argument is being ical agenda of the President. How else its usefulness.’’ made on the other side that the only could you interpret his comments Given the importance of section 5 of reason you can possibly oppose William about the Bush v. Gore case in the year the Voting Rights Act to the ability of Pryor is if you are anti-Catholic. 2000 when he said: African Americans and other racial mi- How then do you explain the edi- I’m probably the only one who wanted it 5 norities to achieve equal opportunity torials in opposition to his nomina- to 4. I wanted Governor Bush to have a full appreciation of the judiciary and judicial se- in voting, this call for its repeal is tion? Editorials from Tuscaloosa, AL; lection so we can have not more appoint- deeply disturbing. Thankfully, the Su- editorials from Huntsville, AL; the ments like Justice Souter. preme Court and Congress disagreed Washington Post; Charleston, SC; St. That is a statement by William with Mr. Pryor about the importance Petersburg, FL; Arizona; the Atlanta Pryor. of section 5 of the Voting Rights Act. Journal-Constitution; Honolulu Ad- On another occasion, he said: There was one case involving in- viser; Pittsburgh newspapers—the list [O]ur real last hope for federalism is the mates’ rights which I thought was par- goes on. election of Gov. George W. Bush as President ticularly noteworthy. He has been a Are we to suggest that all these of the United States, who has said his favor- vocal opponent of the right of criminal newspapers that oppose his nomination ite Justices are Antonin Scalia and Clarence defendants. In Hope v. Pelzer, Attorney are anti-Catholic? Not if you read the Thomas. Although the ACLU would argue General Pryor vigorously defended Ala- editorials. They have gone to his that it is unconstitutional for me, as a pub- bama’s practice of handcuffing prison record and they have come to the con- lic official, to do this in a government build- ing, let alone at a football game, I will end inmates to outdoor hitching posts for clusion that he is not the appropriate my prayer for the next administration: hours without water or access to bath- person to serve in this circuit court ca- Please God, no more Souter. rooms. The Supreme Court rejected Mr. pacity. I ask Mr. Pryor, a member of the Pryor’s arguments citing the ‘‘obvious Let me tell you some of the issues Federalist Society, whether he agrees cruelty inherent in the practice,’’ and they raise. Mr. Pryor’s zeal to blur the with the following statement from the calling the practice ‘‘antithetical to lines between church and state, a line Federalist Society mission: ‘‘Law human dignity’’ and circumstances that was clearly drawn in our Constitu- schools and the legal profession are ‘‘both degrading and dangerous.’’ tion and clearly drawn by John Ken- currently strongly dominated by a In a July 2000 speech, Attorney Gen- nedy, Presidential candidate, is a prob- form of orthodox liberal ideology eral Pryor was outspoken in his disdain lem. He is so ideological about the which advocates a centralized and uni- for the Supreme Court’s reaffirmation issue that he has confessed, ‘‘I became form society.’’ I have asked this ques- in Dickerson v. United States of the a lawyer because I wanted to fight the tion of almost every Federalist Society constitutional protection of self-in- ACLU.’’ He then derided that organiza- member that has been nominated by crimination first articulated in Mi- tion as standing for ‘‘the American President Bush. Mr. Pryor is the only randa. He called the Dickerson deci- ‘Anti-Civil’ Liberties Union.’’ I asked person who gave me a one word answer. sion, authored by Chief Justice him if he would recuse himself in cases He said, ‘‘Yes.’’ Rehnquist an ‘‘awful ruling that pre- involving the ACLU. He said no, but he On the issue of federalism, Mr. Pryor served the worst example of judicial pledged: has been a predictable, reliable voice activism.’’ As a judge, I could fairly evaluate any case for entities seeking to limit the rights The list goes on. brought before me in which the ACLU was of Americans in the name of States’ In the case called United States v. involved. rights. He has filed brief after brief Emerson, Attorney General Pryor filed Mr. Pryor and I are just going to with the Supreme Court arguing that an amicus brief to argue that a man have to disagree on that particular Congress has virtually no power to pro- who was the subject of a domestic vio- statement. tect State employees who are victims lence restraining order should be al- He has been a staunch supporter of of discrimination. lowed to possess a firearm. Alabama Chief Justice Roy Moore and Under his leadership, Alabama was Let me repeat that. his midnight installation of a 6,000- the only State in the Nation to chal- The man who was the subject of a do- pound granite Ten Commandments lenge the constitutionality of parts of mestic restraining order should be al- monument in the middle of the State the Violence Against Women Act, lowed to own a firearm. courthouse. The Eleventh Circuit while 36 States filed briefs urging that Mr. Pryor called the Government’s Court recently ruled that the display this important law be upheld in its en- position a ‘‘sweeping and arbitrary in- was patently unconstitutional and had tirety—the exact opposite position of fringement on the second amendment to be removed. one Attorney General William Pryor. right to keep and bear arms.’’ He was At his confirmation hearing, Senator He also filed a brief in the recently the only State attorney general in the FEINSTEIN asked him to explain his decided case of Nevada v. Hibbs. He ar- United States of America to file a brief statement that: gued that Congress has no power to en- in support of that position. . . . the challenge of the next millennium sure that State employees have the When it comes to tobacco, he has will be to preserve the American experiment right to take unpaid leave from work been one of the Nation’s foremost oppo- by restoring its Christian perspective. under the Family and Medical Leave nents of a critical public health issue— He ducked the question. Act. A few months ago the Supreme compensation for the harms caused by I think if you are going to serve this Court rejected his argument and said: tobacco companies. He has ridiculed Nation and you are going to serve this Mr. Pryor, you have gone too far this time. litigation against companies stating: Constitution, you have to have some The issue of women’s rights has been This form of litigation is madness. It is a sensitivity to the diversity of religious well documented. I will not go into threat to human liberty, and it needs to belief in this country. To argue that those again. stop.

VerDate Sep 11 2014 07:18 Aug 16, 2019 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 C:\2003 BOUND RECORD\S30JY3.REC S30JY3 ejoyner on DSK30MW082PROD with BOUND RECORD 20174 CONGRESSIONAL RECORD—SENATE July 30, 2003 Mississippi Attorney General Mi- ENERGY POLICY ACT OF 2003— The PRESIDING OFFICER. The chael Moore said: Continued clerk will report. Bill Pryor was probably the biggest de- Mr. FRIST. Mr. President, obviously The legislative clerk read as follows: fender of tobacco companies of anyone I we have not had the progress we had The Senator from Tennessee [Mr. FRIST] know. He did a better job of defending the to- hoped for on the Energy bill over the proposes an amendment numbered 1433 to in- bacco companies than their own defense at- structions of the motion to commit S. 14. torneys. course of the last several days. I know that Senators have indicated they still Mr. FRIST. Mr. President, I ask Arizona Attorney General Grant have amendments to the electricity unanimous consent that reading of the Woods, a Republican, said of William amendment. And it is clear to me there amendment be dispensed with. Pryor: is not a definite sign as to when we The PRESIDING OFFICER. Without He’s been attorney general for about five might finish that issue. objection, it is so ordered. minutes, and already he’s acted more poorly Members have the ability to slow The amendment is as follows: than any other attorney general. down this bill. With the lengthy At the end of the amendment add the fol- On the issue of environmental protec- amendment list that is before us, there lowing: ‘‘All provisions of Division A and Di- tion, time and again he has looked the are many options to do that. After nu- vision B shall take effect one day after en- other way when it comes to protecting merous discussions today, it is clear to actment of this act.’’ our environment. me we are not on a course to complete AMENDMENT NO. 1434 TO AMENDMENT NO. 1433 For people to argue that the only po- this bill over the next couple of days. Mr. FRIST. Mr. President, I send a sition against William Pryor is based It is important to do. I set out sev- second-degree amendment to the desk on his religion ignores the obvious. eral weeks ago—actually 2 months and ask for its consideration. When it comes to his political beliefs, ago—stating that the objective would The PRESIDING OFFICER. The when it comes to his actions as attor- be to work aggressively over the course clerk will report. ney general of Alabama, time and time of this final week, having had the bill The legislative clerk read as follows: again he has taken extreme positions. before us in May, spending a number of The Senator from Tennessee [Mr. FRIST] Should this man be entrusted to a days before this week on this bill. proposes an amendment numbered 1434 to lifetime appointment to the second In spite of that commitment on my amendment No. 1433. highest court of the land? I think not. part to plow ahead, it appears to me Mr. FRIST. Mr. President, I ask Many others agree with that conclu- now—Wednesday night at 10 o’clock— unanimous consent that reading of the sion. that the writing is on the wall: We are amendment be dispensed with. I certainly hope that when this de- not going to be able to complete the The PRESIDING OFFICER. Without bate ends, however it ends, that we will bill. objection, it is so ordered. call an end to the involvement of reli- Having said that, I think it is impor- The amendment is as follows: gion in this debate. tant that Members have an oppor- On line 3 of the amendment strike ‘‘one It has been a sad night for me to lis- tunity to really prove their commit- day’’ and insert ‘‘two days.’’ ten to what some of my colleagues ment to this underlying bill. Again and CLOTURE MOTION have said in an effort to promote the again, I have heard: Yes, we want to Mr. FRIST. Mr. President, I send a political agenda of a certain part of pass a comprehensive national energy cloture motion to the desk. America in an effort to promote the policy. Although I hear that, and I ex- The PRESIDING OFFICER. The clo- candidacy of an individual. I am afraid press this willingness—and I think that ture motion having been presented many of my colleagues have crossed a is probably right—it is important, be- under rule XXII, the Chair directs the line they should never have crossed. fore we leave for this August recess, to clerk to read the motion. I hope and pray that before we utter see what that commitment really rep- The legislative clerk read as follows: the next sentence in relation to the resents. Thus, I will shortly file clo- CLOTURE MOTION Pryor nomination that each of us who ture, and the Senate will have the op- We the undersigned Senators, in accord- has taken an oath to uphold this Con- portunity to go on record for com- ance with the provisions of Rule XXII of the stitution will stop and read article VI: pleting a bill which will accomplish Standing Rules of the Senate, do hereby No religious test shall ever be required as just that—establishing a national en- move to bring to a close debate on the pend- ing motion. a qualification to any office or public trust ergy policy. in the United States. Bill Frist, Pete Domenici, Orrin G. Mr. President, in that regard, I now Hatch, Rick Santorum, Saxby Cham- Those words have guided our Nation ask unanimous consent to set aside the bliss, Larry E. Craig, Jon Kyl, Craig for over 200 years. They should guide pending amendments in order for me to Thomas, Charles Grassley, Sam Brown- each of us in good conscience. offer an amendment. back, Lamar Alexander, Norm Cole- I yield the floor. The PRESIDING OFFICER. Is there man, Mike DeWine, John Cornyn, Mr. REID. Mr. President, I served in objection? Mitch McConnell, Gordon H. Smith. the Congress since 1972. I have had the Mr. REID. I object. Mr. FRIST. Mr. President, I ask good fortune to listen to some brilliant The PRESIDING OFFICER. Objec- unanimous consent that the live statements made on various subjects tion is heard. quorum be waived. over 21 years. But I have to say that MOTION TO COMMIT The PRESIDING OFFICER. Without the statement by the senior Senator Mr. FRIST. Mr. President, I send to objection, it is so ordered. from Illinois tonight is the finest state- the desk a motion to commit the pend- f ment I have ever heard in some 21 ing legislation with instructions. UNANIMOUS CONSENT REQUEST— years. I hope the people of Illinois The PRESIDING OFFICER. The EXECUTIVE CALENDAR NO. 169 know what pride we have in DICK DUR- clerk will report the motion. BIN. The legislative clerk read as follows: Mr. FRIST. Mr. President, I now ask I suggest the absence of a quorum. The Senator from Tennessee [Mr. FRIST] unanimous consent that at a time de- The PRESIDING OFFICER. The moves to commit S. 14 to the Committee on termined by the majority leader, after clerk will call the roll. Energy and Natural Resources with instruc- consultation with the Democratic lead- The assistant legislative clerk pro- tions to report back forthwith with the fol- er, the Senate proceed to executive ses- ceeded to call the roll. lowing amendment numbered 1432. sion for the consideration of Calendar Mr. FRIST. Mr. President, I ask (The amendment is printed in today’s No. 169, the nomination of Carolyn unanimous consent that the order for RECORD under ‘‘Text of Amendments.’’) Kuhl, to be U.S. Circuit Judge for the the quorum call be rescinded. AMENDMENT NO. 1433 Ninth Circuit; further, that there be 4 The PRESIDING OFFICER (Mr. GRA- Mr. FRIST. Mr. President, I send an hours of debate equally divided in the HAM of South Carolina). Without objec- amendment to the desk and ask for its usual form, and that following that de- tion, it is so ordered. immediate consideration. bate, the Senate proceed to a vote on

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