June 28, 2010 CONGRESSIONAL RECORD — SENATE S5475 good if you are lucky enough to be the If you believe the role of a judge is to The PRESIDING OFFICER. Without guy the judge empathizes with. In be an impartial arbiter, these things objection, it is so ordered. those cases, it is the judge, not the law, cannot be ignored. Indeed, Members of Mr. DORGAN. Madam President, I who determines your fate. both parties should appreciate the im- listen sometimes on the floor of the In a nation such as ours, conceived portance of confirming judges who are Senate and think there should be an from its very beginning as a nation not more interested in what the law says Olympic Gold Medal for flexibility. It of men but of laws, this is a very dan- than in how the law can be used to ad- is interesting. For example, the flexi- gerous road to go down. In the case of vantage any one individual, party, or bility would mean you are flexible President Obama’s previous nominee to group. It is to no one’s advantage if enough to understand if a Republican the Supreme Court, Senators had many judges cannot be expected to rise above President were to send down a nominee years of court cases to study in deter- politics. As the chairman of the Judici- for the Supreme Court, and that person mining whether Sonia Sotomayor ary Committee once put it: had never served as a judge previously, could be expected to treat everyone No one should vote for somebody that’s that would be a big advantage, and you who came before her equally, just as going to be a political apparatchik for either would argue that would be something Americans would expect in a judge and the Democratic Party or the Republican that is very salutary, that this person Party. just as the judicial oath requires. In does not have judicial experience. Such Elena Kagan’s case, however, no such If there is one thing we can all agree was the case of Chief Justice on, it is that politics should end at the record exists. She has no experience as Rehnquist, who did not have such expe- courtroom door. a judge, nor does she have much of a So this is one of the key questions rience. But because they were nomi- record as a legal practitioner. This is Senators will be looking to answer as nated by a Republican, it was a big ad- one of the reasons some have raised these hearings proceed: Is someone who vantage not to have judicial experi- Ms. Kagan’s experience as an issue. has done the kind of political work Ms. ence. Now a Democrat sends a nominee It stands to reason that in order to Kagan has done in her career more or down and all of a sudden not having ju- know what kind of judge John Roberts less likely to restrain her political dicial experience is a liability. That is or Sam Alito or Sonia Sotomayor views if she were confirmed to a life- some flexibility, as far as I am con- would be, it was useful for Senators time position on the country’s highest cerned. from both parties to look at the kind of Court? I met with the nominee, Ms. Kagan, judge these nominees had been. Since Ms. Kagan has never made a secret of and she is a great nominee. I am sure Ms. Kagan has not had the judicial or her professional aspirations. She has she is going to be confirmed easily in private practice experience common to cultivated all the right friendships the Senate. I cannot believe the Judici- most modern-day nominees, it is all along the way, which is all well and ary Committee will have any oppor- the more important that we look more good. No one ever rose to the heights of tunity to find very much wrong with closely at the kind of experience she their profession by ignoring or upset- this very credible, very high-qualified, has had. A review of that experience re- ting the people who could get them well-qualified nominee. I did not come veals a woman who has spent much of there. But the question before us is here to say that. But listening, again, her adult life not steeped in the prac- whether Ms. Kagan’s political views as I do, I keep hearing the sound of tice of law but in the art of politics. To would be more or less constrained by sawing on the floor of the Senate, saw- be more specific, when we look at the Constitution she swears to uphold ing away in a partisan manner. I sim- Elena Kagan’s resume, what we find is once she reaches her goal. ply wanted to observe that much of a woman who spent much of her adult Some of Ms. Kagan’s supporters wish this has very little to do with sub- life working to advance the goals of the us to focus on her personality. They stance and has everything to do with Democratic Party. wish to point out she has a knack for partisan politics that we hear on the As a young woman in college, she making friends and for getting along floor of the Senate. spent one summer working 14 hours a well with different kinds of people in f day for a liberal Democratic candidate academia and among the political for the Senate, and when her candidate class. Once again, these are all fine REMEMBERING SENATOR ROBERT lost, Ms. Kagan wrote that she believed qualities. No one has any doubt that C. BYRD the ‘‘world had gone mad, that lib- Ms. Kagan is bright and personable and Mr. DORGAN. Madam President, eralism was dead.’’ If all we had were easy to get along with. But the Su- today I rise on the floor of the Senate the comments of an impassioned young preme Court is not a dinner club. If recognizing that we have white roses student, they would not be worth all getting along in polite society were and a black drape adorning the desk of that much. Few of us would want ev- enough to put somebody on the Su- the late Senator ROBERT C. BYRD. erything we wrote as a college student preme Court, then we would not need I had told him personally in the past put up on an overhead projector. confirmation hearings at all. that when my service is done I will Yet the trajectory of Ms. Kagan’s ca- The goal here is not to determine have considered it a great privilege to reer, the testimony of those who know whether we think someone will get have served in this body at the time her work well, and the recently re- along well with the other eight Jus- when ROBERT BYRD served in this body. leased records of her time as a political tices; it is whether someone can be ex- He was a lot of things. He was smart adviser in the Clinton White House, pected to be a neutral and independent and tough and honest. Because he leg- suggest otherwise. Taken together, arbiter of the law rather than a islated and because of his career here, they suggest someone, as one news rubberstamp for any administration. this is a better country, I am convinced These are just some of the questions story put it, who long after college and of that. Senators will be asking and which Ms. even at the highest peaks of political All of us know Senator BYRD grew Kagan will be expected to answer. No old here and became someone with influence was ‘‘driven and opinionated, one should have any doubt that Repub- health problems in recent years and with a flare for political tactics. . . .’’ licans will treat Ms. Kagan with the What else do we find in Ms. Kagan’s same respect and professionalism they yet even last week would come to this resume? Well, she volunteered for the treated Judge Sotomayor. But ques- Chamber and cast his vote. In recent Dukakis Presidential campaign, work- tions must be answered and clear judg- weeks I had several visits with him on ing as an opposition researcher to de- ments must be made. the floor of the Senate. fend the then-Governor of Massachu- Madam President, I suggest the ab- All of us know as well that he loved setts from attacks, and to look for sence of a quorum. his country. He, most of all, loved the ways to attack the Republican opposi- The PRESIDING OFFICER. The Senate. He wrote a two-volume book of tion. As an aide to President Clinton, clerk will call the roll. history on this body, and I say to any- Ms. Kagan did not serve mostly as an The assistant legislative clerk pro- body listening, if they enjoy history attorney, as she put it, but as a policy ceeded to call the roll. and enjoy knowing anything about the advocate, frequently looking for ways Mr. DORGAN. Madam President, I wonderful history of this body, read to advantage Democrats over Repub- ask unanimous consent that the order what Senator BYRD has written. It is licans. for the quorum call be rescinded. extraordinary.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5476 CONGRESSIONAL RECORD — SENATE June 28, 2010 He loved the Constitution of the Senator BYRD recited the summation Aesop’s fable, sitting on an axle of a United States, and he never appeared to the jury, and he did it without a chariot, ‘‘My, what dust I do raise.’’ on the floor of the Senate without hav- note. It so reminded me of all the And it occurred to me he had just ing a copy of that Constitution in his things I heard on the floor from Sen- told someone what they had done was suit pocket. He always had a copy of ator BYRD—yes, ‘‘The Ambulance Down unbelievably foolish. I am not sure the Constitution with him. in the Valley,’’ a piece of lengthy prose they understood it. But he wrapped it He was also someone who did not just without a note, and this without a in such elegant language, as he always love the history of the Senate but note. He recited the summation to the did. loved Roman history. I recall sitting jury by George Vest: In addition to serving at a time early on the floor of the Senate many years Gentlemen of the jury. The best friend a on in his career when things were dif- ago when I first came to the Senate, man has in the world may turn against him ferent, when there was perhaps less listening to Senator BYRD talk about and become his enemy. His son or daughter anger and less partisanship and com- Roman history and the lessons in it for whom he has reared with loving care may mittee chairmen and ranking members us. I recall him 1 day describing Han- prove ungrateful. Those who are nearest and dearest to us, those whom we trust with our got together and decided what we need- nibal crossing the Alps, with a conclu- happiness and our good name, may become ed to do for the country and did it to- sion of Hannibal, who had lost an eye— traitors to their faith. The money that a gether and came to the floor together, a one-eyed Carthaginian—on the man has he may lose. It flies away from him he was also, on the floor of the Senate, plains, riding the last emaciated ele- perhaps when he needs it most. A man’s rep- someone who knew the rules. He stud- phant before he was cornered, and tak- utation may be sacrificed in a moment of ill- ied the rules because he understood ing a pill from a secret container in a considered action. The people who are prone that knowing the rules to this Cham- ring and, rather than being captured, to fall on their knees to do us honor when ber and how this process works was took his life. success is with us may be the first to throw the stone of malice when failure settles its also important to be successful here. I learned a lot listening to Senator cloud upon our heads. The one absolutely un- Aside from that, he was a skillful leg- BYRD on the floor of the Senate about selfish friend that a man can have in this islator—very skillful. I watched him a lot of things, including Roman his- selfish world, the one that never deserts him, walk out of this Chamber from that tory. the one that never proves ungrateful or door and very often stop as a bunch of I also learned that he had one of the treacherous, is the dog. Senate pages—high school kids who extraordinary memories you have ever Gentlemen of the jury, a man’s dog stands serve in the Senate—would gather by him in prosperity and in poverty, in known. And I thought today—because around and then he would spend 15, 20 we are saddened but also mourning the health and in sickness. He will sleep on the cold ground when the wintry winds blow and minutes telling them a story about the loss of a friend and someone who served the snow drives fiercely, if only he can be Senate, about the history of this great this country so well—I would read near his master’s side. He will kiss the hand place. Too many of us walk back and something he read on the floor of the that has no food to offer, he will lick the forth around here, walking very brisk- Senate a couple of times, but he read wounds and sores that come in encounter ly because we are late to go here or the preamble to it and then recited it with the roughness of the world. He guards there and we are working on a lot of the sleep of his pauper master as if he were from memory, this great story. He did things. Senator BYRD always took time it because he was talking about a a prince. When all other friends desert, he remains. to talk to the pages—not just talk to crime that occurred with respect to a When riches take wings and reputation falls them but tell them stories about what dog, an animal. He talked a lot about to pieces, he is as constant in his love as the this great Senate has meant to this his dog Billy, that he loved very much, sun in its journey through the heavens. If great country. and then he told us the story about a fortune drives the master forth an outcast He also loved very much his late wife man named Vest, George G. Vest, who into the world, friendless and homeless, the Erma and talked about her a lot to was to become a Senator later. faithful dog asks no higher privilege than that of accompanying him, to guard him many of us. I will read what Senator BYRD said. He loved to play the fiddle. Early on He said: against danger, to fight against his enemies. And when the last scene of all comes, and when I came to the Senate, if you ex- At the turn of the century, George G. Vest death takes his master in its embrace and pressed even the least interest in delivered a deeply touching summation be- his body is laid in the cold ground, no matter music, he would get you down to his of- fore the jury in the trial involving the kill- if all other friends pursue their way, there by fice and put a tape in his recording de- ing of a dog, Old Drum. This occurred, I his graveside will the noble dog be found, his think, in 1869. There were two brothers-in- vice to show us that he played the fid- head between his paws and his eyes sad but dle on the program ‘‘Hee Haw.’’ He was law, both of whom had fought in the Union open, in alert watchfulness, faithful and Army. They lived in Johnson County, MO. true, even unto death. so proud of that. He was someone who One was named Leonidas Hornsby. The other loved West Virginia, loved his country, Well, I read this summation to the was named Charles Burden. and was a friend to all of us. jury in the case of Old Drum. But Sen- Burden owned a dog, and he was named Today is a very sad day for those of ‘‘Old Drum.’’ He was a great hunting dog. ator BYRD recited it, as he did all of Any time that dog barked one could know these similar circumstances, com- us who see a desk that was occupied by for sure that it was on the scent of a raccoon pletely from memory. a great U.S. Senator for so many dec- or other animal. Senator BYRD came to the floor, and ades, now occupied with a dozen roses Leonidas Hornsby was a farmer who raised he had a way with words that does not and a black cloth, signifying that we livestock and some of his calves and lambs so much exist in the Senate anymore. I have lost this great man. America has were being killed by animals. He, therefore, lost a great public servant. As one swore to shoot any animal, any dog that ap- was sitting on the floor one day when another Senator came to the floor and Member of the Senate, I say it has been peared on his property. a great privilege—my great privilege— One day there appeared on his property a said some very disparaging things hound. Someone said: ‘‘There’s a dog out about a President of the United States. to serve while Senator BYRD served in there in the yard.’’ Hornsby said: ‘‘Shoot They referred to the President in a way this body. him.’’ that was very disparaging. Senator Madam President, I yield the floor. The dog was killed. Charles Burden, the BYRD did not like that, no matter who The PRESIDING OFFICER. The Sen- owner of the dog, was not the kind of man to the President was. He came to the ator from Vermont. take something like this lightly. He went to Mr. LEAHY. Madam President, I ap- court. floor, and I am sure the person who was disparaging the President at that point preciate the words of the Senator from This was Old Drum that was killed. never understood what had happened to North Dakota. I recall sitting here on He won his case and was awarded $25. him after Senator BYRD was done. the floor, I tell my friend from North Hornsby appealed, and, if I recall, on the ap- Mr. LEAHY. I remember that. Dakota, who may well have been here peal there was a reversal, whereupon the Mr. DORGAN. But Senator BYRD at that time when Senator BYRD spoke owner of the dog decided to employ the best lawyer that he could find in the area. came to the floor, and he stood up, and of the pygmies strutting like a colos- He employed a lawyer by the name of he said this: I have served here long sus. We both know who he meant and George Graham Vest. This lawyer gave a enough to see pygmyies strut like Co- we both know the effect it had, and I summation to the jury. lossus. And he said, very like the fly in thank him for reminding us of that.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5477 I believe all of us who served with relevant. The friendship is what is im- Senator BYRD was such an extraor- him and knew Senator BYRD were sad- portant. It tugs at your heart and it dinary man of merit and grit and deter- dened by the news of his passing. No tugs at your soul to see it. Walking in mination who loved his family. I recall Senator came to care more about the here and looking down the row where I him speaking of his grandchildren and Constitution or was a more effective sit and seeing that, I don’t know when great-grandchildren and he would defender of our constitutional govern- I have felt the tug so strong. proudly tell you about each of them. I ment than the senior Senator from Marcelle and I were privileged to remember even after he was a widower West Virginia. How many times did we know BOB and Erma, his wonderful walking by and leaning over and say- see him reach into his jacket pocket Erma. We would see them in the gro- ing, How are you? He would say, I am and hold up the Constitution? He would cery store in Northern Virginia. Our fine. How is Marcelle? And Senators say: This is what guides me. wives would drive in together for Sen- from both sides of the aisle would come I said in the Judiciary Committee ate matters. I recall sitting with him just to talk with him. today that many of us carry the Con- in his office 1 day when we spoke of the He drew strength from his deep faith. stitution and we can turn to it and death of his grandson and how it tore He took to heart his oath to support read from it. Senator BYRD, if asked, him apart to have lost him in an acci- and defend the Constitution of the would recite it verbatim from memory dent. He had his portrait in his office United States. The arc of his career in from page 1 straight through. with a black drapery. We sat there— public service is an inspiration to us Senator BYRD was a Senator’s Sen- this man who could be so composed— all, and it will inspire Americans of ator. During the time before he stopped we sat and held hands while he cried generations to come. playing, some of us would be at an about his grandson. At that time I did So, ROBERT, I say goodbye to you, my event with him where he would play not have the privilege of being a grand- dear friend. I am not going to forget the fiddle. I recall one of those times father yet. Today, I think I can more your friendship. I am not going to for- when he played the fiddle, and now his fully understand what he went get how you mentored me. But, espe- successor as President pro tempore, through. I remember the emotion and cially, I will not forget, and I will al- Senator INOUYE, played the piano, play- the strength of it. This was not just the ways cherish even after I leave this ing compositions only requiring one person whom we saw often as the lead- body, your love of the Senate. hand, and the two of them played in er of the Senate, the chairman of a Senator BYRD, you are one of a kind. the caucus room now named after our major committee, ready and in control, I yield the floor. The PRESIDING OFFICER. The Sen- late Senator Ted Kennedy. I heard him but a human being mourning somebody ator from Illinois. play in the happy times and the enjoy- very dear to him. He was a self-educated man. He Mr. DURBIN. Madam President, able times when he would try to bring Members of the Senate are coming to Senators of both parties together and learned much throughout his life, but then he had much to teach us all. It the floor today from both sides of the act like human beings. aisle to acknowledge a moment in our I have also sat here with him when has been spoken about how he talked history: the passing of ROBERT C. BYRD he reminded Senators of what the Con- to the pages, but he would talk to any- of West Virginia. Senator BYRD was the stitution stood for, what our role was body about his beloved Senate. He did more than that. He wrote the definitive longest serving Senator in the history in the Constitution, when he spoke of the United States of America; a man against going to war in Iraq without history of the Senate. We all learned from him. He was a symbol of West who cast more than 18,000 votes; a man reason and without a declaration of who served as majority leader, as war. It was one of the most powerful Virginia. He was an accomplished leg- islator. He was an extraordinary Amer- chairman of the Appropriations Com- speeches I have heard him give. In over mittee, as President pro tempore. He 36 years of serving with him, I heard ican. As a form of tribute I suspect Sen- was, in fact, the Senate. He embodied many speeches. the Senate in his life. It was his life. Others will speak of his records for ator BYRD himself would appreciate— let me quote from Pericles’ funeral Each of us, before we can become a time served in the Senate and in Con- Senator, takes a walk down this aisle gress and the number of votes he cast. oration from Thucydides History of the Peloponnesian War about the inherent and goes over to the side here where I think of him more as a mentor and a the Vice President of the United States friend. I recall in the fall of 1974 becom- strength of democracy. Senator BYRD was well familiar with this passage, swears us in. You put your hand on a ing the Senator-elect and coming down Bible and you take an oath to uphold here to talk to Senators and meeting and with its relevance to our Constitu- tion and our form of government. I and defend the Constitution of the with Senator BYRD and Senator Mans- heard him use it before. Pericles is said United States. You have to say that or field, Senator Mansfield being the lead- to have spoken this: you can’t be a Senator. For many peo- er, Senator BYRD the deputy leader. I ple, it is a formality. For ROBERT C. recall one of the things he told me— Our form of government does not enter into rivalry with the institutions of others. BYRD, it was a commitment, a life com- both of them did: Always keep your Our government does not copy our neigh- mitment to a document, the Constitu- word. ROBERT BYRD, ROBERT CARLYLE bors, but is an example to them. It is true tion of the United States. He used to BYRD, if he gave you his word, you that we are called a democracy, for the ad- carry one in his pocket every day of his could go to the bank with it, but he ministration is in the hands of the many and life. That is the kind of commitment would expect the same in return, as he not of the few. But while there exists equal most people will not make because should. That is something all of us justice to all and alike in their private dis- they think: Well, maybe I will change should be reminded of and all of us putes, the claim of excellence is also recog- nized; and when a citizen is in any way dis- my mind. For ROBERT C. BYRD, there should seek to achieve. tinguished, he is preferred to the public serv- was no changing his mind. He was com- I was honored to sit near him on the ice, not as a matter of privilege, but as a re- mitted to that Constitution. Senate floor. Sitting near him in the ward of merit. Neither is poverty an obsta- For him, it was the North Star, it same room we would engage in many cle, but a man may benefit his country what- was the guiding light, it was the docu- discussions about the Senate and the ever the obscurity of his condition. ment that created this Nation, and he rules or about the issues of the mo- Senator BYRD believed in this coun- had sworn on his Bible to uphold and ment, or about our families. But now I try. He believed that a youngster who defend it, and he meant it. That is why sit here and I look at the flowers on his had been adopted, who lived in a house he was so extraordinary. desk; I look at the drape on that desk. without running water, who had to He understood this Constitution be- Over the many years I have had the work for every single thing he ob- cause he understood what our govern- privilege of representing the State of tained, could also rise to the highest ment is about. He made a point of say- Vermont in this body, I have had to positions in this body, a body he loved ing whenever a new President would come on the floor of the Senate to see more than any other institution in our come in, even a President of his own the traditional drapery and the flowers government, save one: the Constitu- party: I will work with the President on either side of the aisle when we have tion. The Constitution was his North but as a Senator; I do not work for the lost dear colleagues; more than that, Star and his lone star. It was what President. We are equal to the Presi- we have lost dear friends. Party is ir- guided him. dent because we are an equal branch of

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S5478 CONGRESSIONAL RECORD — SENATE June 28, 2010 government. I will be glad to work Post and other places that he had and I do not think anyone recorded it— with the President, but I have a re- thought Senator BYRD had gone too I recalled his debate with FRANK WOLF. sponsibility as a Senator. far. I said: What I remember particularly I remember so well in what I consider That was a pretty bold move by Con- is when you said: January 19, 1830, to be the finest hour I witnessed when gressman WOLF to make those state- which was a Thursday, if I recall. it came to ROBERT C. BYRD. It was in ments in the minority about the chair- He said: Yes, I think it was a Thurs- October of 2002. It was a little over a man of the Senate Appropriations day. year after 9/11. President George W. Committee. I could not wait for that I said: I don’t doubt it was a Thurs- Bush was asking this Senate to vote conference committee because the two day, but that little detail was amazing. for a resolution to invade Iraq. At the of them would literally be in the same He kind of smiled. He did not say time, the pressure was building. Public room. In fact, it turned out to be even anything more. About an hour passed sentiment was strongly in favor. Re- better. They were not even in the same before the next rollcall, and he called member, there was talk about weapons room, but Senator BYRD’s staff had re- me over to that desk. He had brought of mass destruction, nuclear weapons, served a chair directly across the table out a perpetual calendar and found attacks on our allies and friends, even from Congressman WOLF. January 19, 1830, and said: Mr. DURBIN, on the United States if we did not The place was packed, waiting for it was a Thursday. move, and move quickly. There was a this confrontation. Senator BYRD came I said: I didn’t dispute it, Senator. prevailing growing sentiment to go to in last and sat down very quietly in his It was an example in my mind of a war. chair and waited his turn. Congress- man who understood this Constitution, But the Senator from West Virginia man WOLF at some point asked for rec- understood his use of that Constitution stood up, took out his Constitution, ognition and went after the Byrd West for his State—some would say he over- and said: This is a mistake. We should Virginia projects. FRANK is a pas- used it, but he was fighting for his not be going to war. sionate man. I served with him and State every day he was here—his com- He proceeded day after day, week agreed with him on many issues and mand of history and his command of after week, and month after month to disagreed on others. I respected him. the moment. stand there at that desk and lead the He was passionate and committed and That was ROBERT C. BYRD. They do charge against the invasion of Iraq. It made it clear he thought this was un- not make them like that anymore. was an amazing display of his talent, fair and unjust. There just are not many people in our which was prodigious, and his commit- Senator BYRD, in his three-piece suit, generation who can even claim to be in ment to this Constitution as he saw it, sat across from him with hands on the that position. and the fact that he was politically table showing no emotion until after I recall it and I remember very well fearless. 15, 20 minutes, Congressman WOLF was another conversation I had with him. I agreed with him on that issue. I was exhausted by his protests about these You see, history will show that in his inspired by him on that issue. I can re- Byrd projects, at which point Senator early life, ROBERT C. BYRD was a mem- call when my wife and I went to a Mass BYRD leaned over and said to whomever ber of the Ku Klux Klan. Many of his in Old St. Patrick’s Church in Chicago, was presiding at that moment: May I detractors and enemies would bring we were in the pew kneeling after com- speak? And they said: Of course. that up. He would be very open about munion. The church was quiet as peo- Then he said—and I am going to par- it, not deny it but say that he had ple were returning from communion. aphrase this. I think it is pretty close changed, and his votes reflected it. An older fellow, whom I did not know, to what he said. There was no video I once said to him: Of all these thou- stood next to me in the aisle and camera there. I wish there had been. He sands and thousands of votes you have looked down at me and said in a voice said: In 1830, in January of 1830, Janu- cast, are there any you would like to that could be heard across the church: ary 19, 1830, which, if my memory do over? Stick with BOB BYRD. serves me, was a Thursday, Daniel Oh, yes, he said. Three. There was I came back and told him that story, Webster and Mr. Hayne engaged in one one for an Eisenhower administration and he just howled with laughter. I of the most famous debates in Amer- appointee which I voted against, and I said: Senator BYRD, your reach is be- ican history. And off he went. wish I voted for him. I think that was yond West Virginia and beyond the For the next 15 minutes, without a a mistake. And, he said, I was wrong on Senate. It is in Chicago and across the note, ROBERT C. BYRD tried to explain the civil rights legislation. I voted the country. What you are saying is reso- a very basic principle, and it was this: wrong way in the 1960s. And, he said, I nating with a lot of people. The Senate is created to give every made a mistake and voted for the de- In the end, 23 people voted against State the same number of Senators— regulation of the airline industry that war—1 Republican and 22 Demo- two Senators. The House is elected by which cut off airline service to my crats. For a while, we were not pop- popular vote. A small State such as State of West Virginia. Those were ular. Over time I think that vote be- West Virginia does not have much of a three. came more respected. ROBERT C. BYRD chance in the House of Representa- If you have been in public life or even was our leader, and he used this Con- tives. It is small in a body of 435 Mem- if you have been on this Earth a while, stitution as his inspiration. bers. But in the Senate, every State, I think you have learned the value of He had such a sense of history. My large and small—Virginia and West redemption. ROBERT C. BYRD, in his favorite story related to about 16 or 18 Virginia, Illinois, New York, Cali- early life, made a mistake with his years ago. I was a Member of the House fornia—each has two Senators. membership in the Ku Klux Klan. He of Representatives then on the Appro- The point Senator BYRD was making was open about it, and he dem- priations Committee, and ROBERT C. was: If I do not put the projects in in onstrated in his life that he was wrong BYRD was the chairman of the Senate the Senate, we will never get them in and would do better in the future. That Appropriations Committee. He was a in the House. That is what the Great is redemption—political redemption— powerful man. We were supposed to Compromise, the Constitution, and the and, in my mind, it was total honesty. meet downstairs in a conference com- Senate and the House are all about. There were so many other facets to mittee, House and Senate, the con- It was a masterful presentation, this man too. Senator LEAHY talked ferees from both Appropriations Com- which led to a compromise, one might about him playing the fiddle. That is mittees, on a transportation bill. expect, at the end of the day in which the first time I ever saw him in person. To no one’s surprise and without any Senator BYRD did quite well for his He came to Springfield, IL, in 1976, apology, Senator BYRD had quite a few State of West Virginia. when he was aspiring to run for Presi- West Virginia projects in that bill. Years passed, and I was elected to dent of the United States. He stood out Congressman FRANK WOLF of Virginia, this body. I came here and I saw Sen- from the rest of the crowd because he a Republican, sat on the committee on ator BYRD sitting in that seat one day, got up and said a few words about why the House side. When he looked at the and I said: I want to tell you the most he wanted to be President. Then he West Virginia projects, he got upset. famous debate I can ever remember— reached in and grabbed his fiddle and He said it publicly in the Washington there was not a camera in the room, started playing it.

VerDate Mar 15 2010 03:31 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S28JN0.REC S28JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 28, 2010 CONGRESSIONAL RECORD — SENATE S5479 I tell you, it brought the house down. As a lawyer, as a former attorney The PRESIDING OFFICER. The Sen- I don’t remember who else was there. I general for the State of Illinois, I con- ator from Illinois. think Jimmy Carter was there. But I sider it a great privilege to evaluate Mr. DURBIN. Madam President, first, do remember that BOB BYRD was there. and confirm nominees to the bench. I wish to thank the Senator from Mon- When I came to the Senate, I The constitutional power of advise and tana for allowing me to make some thought: I cannot wait to see or hear consent is one this Senate must exer- brief remarks, and then I will turn to him play that fiddle again. I learned cise with discretion. It determines the him. that after his grandson died in an auto- makeup of our judicial branch and mobile accident, he said: I will never helps preserve the principle of equal I join my colleague, Senator BURRIS, touch it again, in memory of my grand- justice under law. in asking my colleagues on both sides son. That is the kind of family commit- That is why I have come to the floor of the aisle to vote in just a few mo- ment he made as well. He would sing today in support of Gary Scott ments on the nomination of Gary and occasionally have a Christmas Feinerman, President Obama’s nomi- Feinerman to be U.S. district court party downstairs, and a few of us would nee to become a judge for the Northern judge for the Northern District of Illi- be lucky enough to get invited. He District Court of Illinois. nois. would sing. He was a man who had gone Gary is an Illinois native and a grad- Gary Feinerman is one of the bright- through some life experiences and fam- uate of both Yale and Stanford Univer- est lights in the Chicago legal commu- ily experiences that were very mean- sities. Over the past two decades, he nity. He is a partner at one of Chi- ingful to him. has worked extensively in private prac- cago’s oldest and largest law firms, I remember another day when I was tice—most recently for Sidley Austin, Sidley Austin, where he specializes in on the floor of the Senate and there the respected Chicago law firm. He has litigation and appellate work. Before was a debate about the future of the served in the public sector, as well as a that, he served as Illinois’ solicitor National Endowment for the Arts. Sen- clerk to the U.S. Supreme Court and general and represented our State in ator Ashcroft of Missouri wanted to counsel at the Department of Justice. many very valuable and important ap- From 2003 to 2007, he was Solicitor eliminate the National Endowment for peals. He won five ‘‘Best Brief’’ awards General of the State of Illinois. That is the Arts and take away all its money. from the National Association of At- the person who argues the cases on be- I stood up to debate him. I was torneys General, and he has argued half of the attorney general before the brandnew here, not smart enough to cases before the U.S. Supreme Court highest court, whether in Illinois or in know when to sit down and shut up. I and the U.S. Court of Appeals for the the Nation. He held that position with started debating: I thought it was Seventh Circuit, as well as the Illinois distinction, proving his commitment to wrong, the arts are important, so forth. Supreme Court. Earlier in his career, Through the door comes BOB BYRD. the highest ideals of fairness and jus- Mr. Feinerman worked at the Chicago He walks in here and asks if he could tice. law firm of Mayer Brown and in the be recognized. Everything stopped Time and again over the years, Gary Justice Department’s Office of Policy when he had asked for recognition. Feinerman has demonstrated his com- Development. He served as law clerk They said: Of course. petence in the legal profession. His for Supreme Court Justice Anthony He said: I want to tell you what training is without equal. His experi- music meant to me. I was an orphan, ence is second to none. That is why I Kennedy and for Seventh Circuit Judge and I was raised in a loving family. am proud to support his nomination to Joel Flaum. He is a leader in the Chi- Early in life, they went out and bought the Northern District Court of the cago legal community. He is the presi- me a fiddle. Music has always been a State of Illinois. dent of the Appellate Lawyers Associa- big, important part of my life. Out of We must demand the very best of our tion of our State and serves on Chi- nowhere, this man gives this beautiful public officials, especially those who cago’s Constitutional Rights Founda- speech, and then he quotes poetry dur- are entrusted with lifetime appoint- tion and the Midwest chapter of the ing the course of the speech. ments on the Federal bench. Anti-Defamation League. He has also As one can tell, all of us who served These fine men and women are had a very active pro bono practice, with him are great fans of ROBERT C. charged with interpreting a body of law which speaks well of his commitment BYRD and what he meant to this Senate that is constantly evolving. They must as a professional. and what he meant to this Nation. navigate a treacherous landscape, full Mr. Feinerman’s academic record is West Virginia has lost a great servant of gray areas, to arrive at sound legal also impressive. He graduated from who was so proud of his home State. truth. The answers are seldom easy, Yale and Stanford Law School, where Time and again that was always the but I have confidence in Gary he finished second in his class. Not sur- bottom line for him: Is this going to be Feinerman’s ability to rise to this prisingly, he received the highest pos- good for the future of my little State of challenge. At every stage, he has prov- sible rating of ‘‘well-qualified’’ from West Virginia? He fought for them and en his considerable intellect and his the American Bar Association for this put them on the map in some regards passion for the law. I am proud to join commitment. and some projects. He was respected by the President in calling for his swift We currently have six—six—vacan- his colleagues because of the commit- confirmation. I ask my colleagues to cies in the Northern District of Illinois. ment to the people who honored him by join me in pledging to afford the nomi- We need to fill them quickly so that we allowing him to serve in the Senate. nee with a fair and timely vote to con- There may be a debate as to whether firm him to the bench. don’t slow down the process of justice. there is a heaven. If there is a heaven This body has a crowded legislative I hope the Senate will confirm Gary and they have a table for the greats in calendar in the months ahead, but Feinerman today and move very quick- the Senate, I would ask Daniel Webster cases have piled up in the Northern ly to Justice Sharon Coleman, who is also on the calendar. Mr. Feinerman to pull up a chair for ROBERT C. BYRD District of Illinois, and every single of West Virginia. day more judicial nominees await as will be an excellent judge, and Judge Madam President, I yield the floor. vacancies remain unfilled. Even as we Coleman will join him, with the bless- The PRESIDING OFFICER. The Sen- consider Mr. Feinerman’s confirmation ing of the Senate, to start to fill these ator from Illinois. today, another Illinois nominee, Judge important vacancies. f Sharon Johnson-Coleman, awaits a Madam President, I yield the floor similar up-or-down vote. We need to and again thank my colleague from NOMINATION OF GARY SCOTT rise to our constitutional duty and Montana. FEINERMAN vote on these nominees. We must waste Mr. TESTER. Madam President, I Mr. BURRIS. Madam President, very no more time in allowing this fine pub- ask unanimous consent to speak as in shortly, we are going to be voting on a lic servant to get to work. judicial nomination. I come before this Let’s put our judges to work. Let’s morning business for 5 minutes. body to bring my thoughts on that ac- confirm Mr. Feinerman now. The PRESIDING OFFICER. Without tion. Madam President, I yield the floor. objection, it is so ordered.

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