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, THURSDAY, MAY 19, 2005 No. 67 Senate The Senate met at 9:30 a.m. and was ceed to executive session for the con- Yesterday, 21 Senators—evenly di- called to order by the President pro sideration of calendar No. 71, which the vided, I believe 11 Republicans and 10 tempore (Mr. STEVENS). clerk will report. Democrats—debated for over 10 hours The legislative clerk read the nomi- on the nomination of Priscilla Owen. PRAYER nation of Priscilla Richman Owen, of We will continue that debate—10 hours The Chaplain, Dr. Barry C. Black, of- Texas, to be United States Circuit yesterday—maybe 20 hours, maybe 30 fered the following prayer: Judge for the Fifth Circuit. hours, and we will take as long as it Let us pray. RECOGNITION OF THE MAJORITY LEADER takes for Senators to express their God of grace and glory, open our eyes The PRESIDENT pro tempore. The views on this qualified nominee. to the power You provide for all of our majority leader is recognized. But at some point that debate should challenges. Give us a glimpse of Your SCHEDULE end and there should be a vote. It ability to do what seems impossible, to Mr. FRIST. Mr. President, today we makes sense: up or down, ‘‘yes’’ or exceed what we can request or imagine. will resume executive session to con- ‘‘no,’’ confirm or reject; and then we Encourage us again with Your promise sider Priscilla Owen to be a U.S. circuit move on in regular order. to never forsake us and to render inef- court judge for the Fifth Circuit. We Senators can vote to confirm or re- fectual the weapons we face. will continue the debate, as we did yes- ject a nominee. But we should fulfill Strengthen the Members of this body terday, by rotating back and forth be- our constitutional responsibility to in their efforts to do good, knowing tween the aisle every 60 minutes. I give advice and consent by voting up or that in due season You will bring a think this orderly flow of debate will down. bountiful harvest. Sustain them during be helpful in terms of scheduling Mem- The nominee before us is Priscilla today’s challenging labors. Give them bers’ speaking times. It worked well Owen, a Texas Supreme Court justice more than human wisdom to solve the yesterday, and I would expect it to be nominated to serve on the Fifth Circuit problems of these momentous times. orderly today as well. I know there is a Court of Appeals. I have studied her Provide them with the insight to know large number of Senators who have in- record. I have had the opportunity to what is right and the courage to do it. dicated their desire to speak, and we meet with her personally. I believe she We pray in Your holy Name. Amen. will remain on the nomination to give would serve our Nation well as a cir- cuit court judge. f everyone a chance to fully voice their concerns and their discussion on this Her academic and professional quali- PLEDGE OF ALLEGIANCE very qualified nominee. fications are outstanding. She grad- The PRESIDENT pro tempore led the I am hopeful that at some point we uated near the top of her class in law Pledge of Allegiance, as follows: will be able to schedule a vote on the school, and she once achieved the high- I pledge allegiance to the Flag of the nomination, and I will update Members est score in the State of Texas on the United States of America, and to the Repub- later today on the upcoming schedule bar exam. The American Bar Associa- lic for which it stands, one nation under God, as it relates to the nomination of Pris- tion unanimously rated her ‘‘well indivisible, with liberty and justice for all. cilla Owen. qualified,’’ its highest possible rating. f Mr. President, I will have a brief Her opponents suggest she is a judi- statement—the Democratic leader and cial activist who is out of the main- RESERVATION OF LEADER TIME I were just discussing our plans—and stream. Her record simply shows that The PRESIDENT pro tempore. Under then he will have a statement, and is not true. She was reelected by 84 per- the previous order, the leadership time then at that juncture I believe we will cent of Texans. Are 84 percent of Tex- is reserved. proceed as we set out the time schedule ans really out of the mainstream? She f yesterday, alternating back and forth. is supported by Republicans and Demo- Mr. President, we did, yesterday, crats on the Texas Supreme Court. She EXECUTIVE SESSION have a vibrant and spirited debate on has been endorsed by every major the Senate floor. We have been debat- newspaper in her home State. ing a very simple principle—one based That is a mainstream record. NOMINATION OF PRISCILLA on fairness and one grounded in the In her judicial decisions, some on the RICHMAN OWEN TO BE UNITED Constitution. The principle is that ju- floor over the last day, and actually STATES CIRCUIT JUDGE FOR dicial nominees, with the support of a last week as well, have criticized her as THE FIFTH CIRCUIT—Resumed majority of Senators, deserve a fair up- a judicial activist in cases, and the The PRESIDENT pro tempore. Under or-down vote on the floor of the Sen- focus has always been on these cases the previous order, the Senate will pro- ate. involving a parental notification law. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5453 . VerDate Mar 15 2010 20:55 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19MY5.REC S19MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S5454 CONGRESSIONAL RECORD — SENATE May 19, 2005 The law is not about whether a minor Owen. This professor, Linda Eads, is a I yield the floor. is able to have an abortion or whether member of the Texas Supreme Court EXHIBIT 1 a minor must receive parental consent Advisory Committee that drafted rules TEXAS STATE SENATE, DISTRICT 8, before having an abortion. The law to help judges deciding cases under this Plano, Texas, May 16, 2005. simply requires a parent to be notified law, the parental notification law. She Hon. Chairman ARLEN SPECTER, if their child is having an abortion, ex- says Justice Owen’s decisions ‘‘do not Committee on the Judiciary, U.S. Senate, Rus- cept in certain circumstances. demonstrate judicial activism. She did sell Senate Office Bldg., Washington, DC. The author of the law, and 26 other what good appellate judges do every DEAR CHAIRMAN SPECTER: I, along with my colleagues in the Texas Senate and Texas members of the Texas legislature, have day . if this is activism, then any House of Representatives, am writing to ex- defended Justice Owen’s opinions, and judicial interpretation of a statute’s press my full and unconditional support for it is spelled out clearly in a letter of terms is judicial activism.’’ Justice Priscilla Owen’s nomination to the May 16, 2005, that is signed by the au- If you look fairly at Justice Owen’s U.S. Court of Appeals for the Fifth Circuit. thor of the legislation itself and 26 record, you will see a well-qualified, As the author of the Texas Parental Notifi- other members of the Texas legisla- mainstream judge. cation Act (SB 30/HB 623), I followed closely the Texas State Supreme Court rulings re- ture. But I will say, as we step back and look at the larger debate, some Sen- garding that statute. As such, we are dis- The letter is interesting. It is a letter turbed by the recent attacks on Justice dated May 16, and it is a letter that ators may draw different conclusions Owen’s review of the Texas Parental Notifi- was sent to Senator SPECTER, of the about Justice Owen, and they may de- cation Act. Justice Owen’s opponents have Judiciary Committee, and Senator cide she does not deserve confirmation. characterized her as an activist member of LEAHY. The letter is indeed quite pow- Indeed, they may decide that none of the bench, and nothing could be further from erful. I would like to read just a couple the President’s nominees deserve con- the truth. firmation. And they, as Senators, are To the contrary, her opinions interpreting sections from the letter. the Texas Parental Notification Act serve as Mr. President, I ask unanimous con- entitled to that choice. But they prime examples of her judicial restraint. Al- sent that following my remarks the en- should express that choice, give that though some might try to hold up the Texas tire letter be printed in the RECORD. advice and consent by a vote, an up-or- Parental Notification Act as a litmus test on The PRESIDENT pro tempore. With- down vote, ‘‘yes’’ or ‘‘no,’’ confirm or abortion, they simply cannot make the case. out objection, it is so ordered. reject. They should not hide behind a The Act is not about whether a minor is able (See Exhibit 1.) procedure that prevents 100 Senators to have an abortion or must receive parental Mr. FRIST. The letter reads pretty consent, but whether a parent should be no- from their responsibility, their duty to tified. The Act recognizes that a girl may clearly: ‘‘Dear Chairman SPECTER’’— vote ‘‘yes’’ or ‘‘no’’ on the nominee, up have an abortion and does not question and there was a copy sent to Senator or down.