7878 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 6 April 27, 2005 JUDICIAL NOMINATIONS try accomplish the goal of sustaining a that they must break with the more Mrs. MURRAY. Mr. President, I come strong democracy and ensuring the than 200 years of tradition and 200 to the floor to talk about the Senate’s participation of all people is very im- years of precedent. We have heard day deliberations on some of the adminis- portant. after day on the floor—even a few mo- tration’s judicial nominees. It is clear Elections are the foundation of our ments ago—that this is the most im- this is a debate about basic American democracy. They determine the direc- portant issue facing this body today. values. In drafting the Constitution, tion of our country. But an election Well, we have record-high gas prices the Framers wanted the Senate to pro- loss does not mean you lose your voice and deficits, we have 45 million unin- vide advice and consent on nominees or you lose your place at the table. sured Americans, and we have far too who came before it to ensure that these That is what we must do to keep our many veterans without the health care very rights and values were protected. democracy strong. That is why we are they need and deserve. All the other I believe, as a Senator, I have a respon- fighting so hard to keep our voice. side is talking about is doing away sibility to stand up for those values on Recently, we have heard a lot from with the checks and balances so they behalf of my constituents in Wash- the other side about attacks on faith can get radicals on the bench. If the other side wants to continue on ington State. and on values. In fact, some are trying Many activists today are com- to say our motive in this debate is this destructive course and ignore those real needs of the American peo- plaining that certain Senators are at- somehow antifaith. I argue the oppo- ple, they can. But this Senator and my tacking religious or conservative val- site is true. We have faith in our val- colleagues will continue to fight this ues. I must argue that it is others—not ues, in American values. We have faith abuse of power and do the work the Democratic Senators exercising their that these values can and must be upheld. It is not an ideological battle people sent us here to do. rights—who are pursuing a nomination It is a sad day when one side refuses strategy that attacks basic values out- between Republicans and Democrats. It is about keeping faith with the values to come to the table to negotiate a way lined in the Constitution. out of this impasse. It is even sadder Our democracy values debate and dis- and the ideals our country stands for. that they refuse to accept our excellent sension. Our democracy values the im- Having values and having faith in confirmation record in blind pursuit of portance of checks and balances. Our those values requires that we make sure those without a voice are rep- confirming the most radical of their democracy values an independent judi- choices. resented. Speaking up for those in pov- ciary. But with the nuclear option and Although we have been able to con- erty to make sure they are fed is a the rhetorical assault being launched firm 205 nominees that President Bush at Democratic Senators by activists faith-based value. Making sure there is sent forward, there are a few that are around the country, among others, we equal opportunity and justice for the far outside some basic values. see those values under attack. least among us is a faith-based value. Let’s start close to home with Presi- The nuclear option is an assault on Fighting for human rights and taking dent Bush’s nominee to the Ninth Cir- the American people and many of the care of the environment are faith-based cuit Court. To that court, which over- things we hold dear. It is an attempt to values. To now say those of us who seas appeals from my home State of impose on the country, through life- stick up for minority rights are Washington and five other States, time appointments, the extreme values antifaith is frightening and it is wrong. President Bush has nominated William held by a few at the cost of the many. I hope those who have decided to Myers. Mr. Myers is a lifelong lobbyist It is the tyranny of the majority per- make this into a faith-antifaith debate and anti-environmental activist. He is sonified. Confirming these nominees by will reconsider. This should be about opposed by over 175 environmental, becoming a rubber stamp for the ad- democracy. It should be about the pro- labor, civil, and women’s disability ministration would be an affront to the tection of an independent judiciary, rights organizations. He even drew op- 200-year-old system of checks and bal- and it should be about the rights of mi- position from Native American organi- ances, and at the same time it would be norities. zations and from the National Wildlife an affront to the values I promised to Mr. President, our system of govern- Federation. This is a man who has defend when I came to the Senate. ment, of checks and balances, and our never tried a jury case, who has an Building and maintaining a democ- values are under attack by this trans- anti-environmental record stretching racy is not easy, but our system and parent grab for power. They are, with back to his days as a Bush Interior De- the rights and values it holds dear are their words and potential actions, at- partment official and industry lob- the envy of the world. In fact, the en- tempting to dismantle this system de- byist. He even received the lowest pos- tire world looks at us as the model for spite the clear intent of the Framers sible rating from the ABA. government. It is our values they want and the weight of history and prece- Mr. President, in the Pacific North- to look to. We must protect them not dent. They think they know better. I west and in regions around this great only for us but for those fledgling de- think not. country, we hold our environmental mocracies. Mr. President, there is even news this values dear. I am not willing to hand a I just returned from a bipartisan trip morning that our friends on the other lifetime appointment to such a vehe- to Israel, Iraq, Georgia, and the side are unwilling to come to the table ment advocate against the people’s in- Ukraine, where we saw leaders who to compromise to avoid this crisis. I terests. This is the perfect example of were trying to write constitutions, try- want to take a second to praise our the check our Framers had in mind ing to write laws, trying to write poli- leader, Senator REID, for his effort to when they drafted our Constitution. cies. They were all working very hard find a reasonable conclusion before the We can, and we must, use it. to assure even those who did not vote nuclear bomb is dropped. That is just one example of a nomi- in the majority that they would have a Unfortunately for him, for all of us nee looking to attack basic values. Bill voice. The challenges were varied in on this side of the aisle, and for this in- Pryor, a nominee to the Eleventh Cir- each country. They faced everything stitution, that plea has been rejected. cuit, opposes basic individual liberties from protecting against terrorists to First, yesterday we saw that Karl and freedoms. He called Roe v. Wade charging people for the first time for Rove, one of the President’s top advis- the ‘‘worst abomination of constitu- electricity, to reforming wholly cor- ers, said there would be no deal. Now, tional law in history.’’ rupt institutions. Making sure that de- in this morning’s papers, we read the Janice Rogers Brown, nominated to mocracy survives means having de- leadership on the other side of the aisle the DC Circuit Court, called 1937—that bates, bringing people to the table, and is falling into line and saying, ‘‘No was the year this Government enacted making tough decisions. deal.’’ many of the New Deal’s programs to In each case, the importance of not By rejecting the deal, Republicans help lift our country out of the deep de- disenfranchising any group of people are now saying that three nominees— pression—‘‘the triumph of our own so- also rings true. So how we in this coun- three total nominees—are so important cialist revolution.’’ Mr. President, her VerDate Nov 24 2008 09:05 Mar 11, 2009 Jkt 039102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR05\S27AP5.000 S27AP5 erowe on PROD1PC63 with BOUND RECORD April 27, 2005 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 6 7879 disdain for worker and consumer pro- terpretations of those thoughts was of- Mr. BIDEN. Mr. President, I rise tection values and principles is clear in fered to this body by Robert Caro, the today to speak at some length, if time decision after decision. great Senate historian, in a letter in will permit me, about the same subject Nominee Priscilla Owen’s narrow 2003. He talked about the need for the my friend from Washington State so constitutional view was so far outside Senate to maintain its history and tra- eloquently addressed.