E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION Vol. 151 WASHINGTON, WEDNESDAY, MAY 25, 2005 No. 71 Senate The Senate met at 9:31 a.m. and was appoint the Honorable SAM BROWNBACK, a our lifetime. That is because this issue called to order by the Honorable SAM Senator from the State of Kansas, to per- involves the very special and unique re- BROWNBACK, a Senator from the State form the duties of the Chair. lationship between the Senate and the of Kansas. TED STEVENS, Presidency and the special relationship President pro tempore. between the Senate and the courts. It PRAYER Mr. BROWNBACK thereupon as- involves all three branches of govern- The Chaplain, Dr. Barry C. Black, of- sumed the Chair as Acting President ment. In addition, it involves the inter- fered the following prayer: pro tempore. action between the minority and ma- Let us pray. f jority parties within the Senate. Sovereign God, fountain of light, RESERVATION OF LEADER TIME The Senate confronts so many sig- Your Senators still face deep valleys nificant issues every month, every and challenging mountains. Please The ACTING PRESIDENT pro tem- year, but none of them touches the don’t remove their mountains, but give pore. Under the previous order, the grand institutions of American democ- them the strength to climb them. May leadership time is reserved. racy the way this one does. The Presi- they discover that the power required f dent has the constitutional obligation for life’s low and high places will come to appoint judges, and the Senate has from You. Remind them to greet those RECOGNITION OF THE MAJORITY LEADER the constitutional responsibility to two imposters—success and failure— offer its advice and consent. with the same equanimity and faith. The ACTING PRESIDENT pro tem- For 214 years, the Senate gave every Help them to see that the race is not to pore. The majority leader is recog- nominee brought to the floor a fair up- the swift and the battle not to the nized. or-down vote. Most we accepted; some strong, but true victory comes only f we rejected. But all of those nominees from You. Take from them distracting got a vote. SCHEDULE worries, and give them more trust. In the last Congress, however, the Lord, empower each of us today to Mr. FRIST. Mr. President, today, fol- minority leadership embarked on a new keep our hearts pure, to keep our lowing the leader time, we will begin a and dangerous course. They routinely minds clean, to keep our words true, 1-hour period of morning business. filibustered 10 of President Bush’s ap- and to keep our deeds kind. After morning business, we will resume We pray in Your holy Name. Amen. pellate court nominees and threatened postcloture debate on the nomination filibusters on 6 more. Organized and f of Priscilla Owen to be a U.S. circuit fueled by the minority leadership, PLEDGE OF ALLEGIANCE judge for the Fifth Circuit. Yesterday, these filibusters could not be broken. The Honorable SAM BROWNBACK led the Senate invoked cloture by a vote of By filibuster, the minority denied the the Pledge of Allegiance, as follows: 81 to 18. Today at noon, we will vote up nominees a confirmation vote and I pledge allegiance to the Flag of the or down on the Owen nomination. Fol- barred the full Senate from exercising United States of America, and to the Repub- lowing that vote, it is my intention to its obligation to advise and consent. lic for which it stands, one nation under God, proceed to the Bolton nomination. The purpose of those filibusters was indivisible, with liberty and justice for all. There has been a request for a large clear. It was not only to keep the f amount of time, so we would like to President’s nominees off the bench; it APPOINTMENT OF ACTING begin those statements right away. We was to wrest control of the appoint- PRESIDENT PRO TEMPORE will finish the Bolton nomination be- ments process from the President. Any- fore the end of the week, and I thank one who did not pass the minority lead- The PRESIDING OFFICER. The my colleagues in advance for their par- ership’s ideological litmus test would clerk will please read a communication ticipation in that important debate be filibustered. That meant a minority to the Senate from the President pro and the opportunity to complete that would dictate whom the President tempore (Mr. STEVENS). nomination confirmation this week. should appoint, if he expected that The bill clerk read the following let- nominee to get a confirmation vote in ter: f this body. That was a power grab of un- U.S. SENATE, JUDICIAL FILIBUSTERS precedented proportions. PRESIDENT PRO TEMPORE, Mr. FRIST. Mr. President, the con- With more filibusters threatened for Washington, DC, May 25, 2005. To the Senate: firmation over judicial filibusters is, I this Congress, the power grab would be- Under the provisions of rule I, paragraph 3, believe, the greatest single constitu- come even bolder. It would become of the Standing Rules of the Senate, I hereby tional issue to confront the Senate in even more entrenched. Fundamental ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5859 . VerDate Mar 15 2010 21:22 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S25MY5.REC S25MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5860 CONGRESSIONAL RECORD — SENATE May 25, 2005 constitutional principles were called busters would occur only under what I yield the floor. into question. They included the sepa- are called in the agreement ‘‘extraor- f ration of powers, checks and balances, dinary circumstances.’’ I was not a RECOGNITION OF THE MINORITY the independence of the judiciary, and party to that agreement, nor was our LEADER the negation of the Senate’s right to Republican leadership. It stops far advise and consent. The minority short of guaranteeing up-or-down votes The ACTING PRESIDENT pro tem- claimed the right to impose a 60-vote on all nominees. It stops far short of pore. The Democratic leader is recog- threshold before a nominee could pass the principle on which this leadership nized. muster, for that is the number needed stands. It leaves open the question of f to invoke cloture and to break a fili- whether someone such as Miguel MOVING FORWARD buster. The Constitution doesn’t say Estrada, who came to this country as a that. It only requires a majority to 17-year-old immigrant from Honduras, Mr. REID. Mr. President, I am sorry confirm. But for a minority spinning worked his way to the top of college I was unable to be on the floor for the novel constitutional theories, the real and law school, and tried 15 cases at entire statement of the Republican Constitution took a back seat. the Supreme Court, who was filibus- leader. I think we should just move on. The Republican majority tried first tered again and again and again, fili- Filibusters are only under extraor- to invoke cloture on each of the judi- bustered 7 times, would be an extraor- dinary circumstances. That is when cial nominees, but driven by the minor- dinary circumstance. you filibuster. I have been involved in ity leadership, the filibusters proved Now we move on to a new and an un- two filibusters during my career of al- resilient to cloture. Then we intro- certain phase. Today, the Senate will most 19 years in the Senate. That is duced a filibuster reform proposal and, happily confirm Priscilla Owen to the two more than most people have been with regular order, took it through the Fifth Circuit Court of Appeals. Some of involved in. Filibusters don’t happen Rules Committee, but it died without the other nominees will follow her. very often. I think we should move be- action because it was sure to be filibus- Priscilla Owen is a gentlewoman, an yond this and get the business of the tered as well. accomplished lawyer, and a brilliant country done. Let’s not talk about the So then we turned to the voters in Texas jurist. She was unconscionably nuclear option any more. Let the Sen- November. The election strengthened denied an up-or-down vote for not just ate work its will. Let’s get over this. I our majority. But the minority ignored a few months or a year or 2 years but have said it is good that it is over with, the election and even dug their heels in for 4 years. It was over 4 years ago that done. further. Faced with the certainty that she was nominated to this position. I wish the distinguished majority the minority would expand its filibus- The minority has distorted her record. leader and I could have worked some- ters, we faced a critical choice: either They have cast aspersions on her abili- thing out on our own. We didn’t. It was accept the filibuster power grab as the ties. They have rendered her almost done by 14 people, 7 Democrats and 7 new standard for the Senate or restore unrecognizable. She had the fortitude Republicans. We have important things the tradition of fair up-or-down votes to see the process through. Very late, to do. There is no question that these on nominees. too late, but finally, she will receive an five people—actually that is what it We, as Republican leadership, decided up-or-down vote and will be confirmed.