S8206 CONGRESSIONAL RECORD — SENATE July 13, 2005 to know whether nominees would re- tirely consistent with our mitment to his country will not be for- spect the Constitutional power of Con- [C]onstitution and serves as a way of gotten. Private First Class Woods will gress to enact environmental protec- reconciling judicial independence with be remembered as a man who honored, tions or if nominees are so opposed to majority rule.’’ served, and died for the liberties and such protections that they would bend As our colleague from Mississippi, freedoms of all Americans and Nebras- or distort the law to strike them down. Senator TRENT LOTT, stated in 1996, kans. The American people deserve to ‘‘[w]e should look not only at their PETTY OFFICER 2ND CLASS DANNY P. DIETZ know whether nominees would roll education, background, and qualifica- Mr. SALAZAR. Mr. President, I rise back civil rights laws or uphold the tions, but also . what is their philos- today to commemorate an outstanding rights of the disabled, the elderly, and ophy with regard to the judiciary and Coloradan who made the ultimate sac- minorities. The American people are how they may be ruling.’’ In Senator rifice for all of us: Navy Petty Officer entitled to know if a nominee respects LOTT’s words, ‘‘if we do not ask ques- 2nd Class Danny Philip Dietz, Jr. women’s rights to equal treatment in tions, then we will be shirking our re- Petty Officer Dietz was a native of our society and to privacy in making sponsibilities.’’ Littleton, CO, and was a member of the reproductive decisions. Earlier this month, the Senator from Navy’s elite fighting force, the SEALs. This does not mean every nominee Texas, Senator CORNYN, stated that He was killed in Afghanistan after an should promise to rule a particular way while nominees should not be asked to unsuccessful rescue attempt. He was in each of the cases on the Supreme promise how they will vote in a specific just 25 years old about to embark on Court’s docket for the next term. It case, ‘‘it’s an appropriate question to his fifth year of service to our Nation. doesn’t mean that nominees must state ask what their views are on cases that Petty Officer Dietz, D.J. to his how they would rule in any specific have been decided and judicial opinions friends and family, joined the Navy in case. But it does mean that the Senate that have been written.’’ 1999 after graduating Heritage High should expect the nominee to answer We should all agree that it’s appro- School where he played football. Serv- questions about important legal prin- priate for the Senate to ask nominees ing his country as a Navy SEAL was ciples—such as the constitutional about the issues most important to Petty Officer Dietz’s dream. He spent power of Congress to protect Ameri- Americans. The American people ex- his spare time in high school swimming cans against corporate abuses, the pect and deserve to learn about a nomi- and building his strength to make him right to equal treatment, Americans’ nee’s legal philosophy during the hear- a better candidate for this elite pro- right to privacy in making personal de- ings on any Supreme Court nominee. gram. He spent years in training to be- cisions about medical care, the prin- We should do all we can to see that the come part of a specialized SEAL recon- ciple of non-discrimination, and the process provides clear answers, so that naissance team. right to be free from unwarranted gov- the American people will have full con- In doing so, Danny Dietz took his ernment intrusion. fidence in the outcome. first step toward becoming a hero for The American people deserve to f America. know the answers to those questions, When Petty Officer Dietz left for his HONORING OUR ARMED FORCES and the Senate’s review is the only way most recent deployment in April out of that they can get those answers. The IN HONOR OF PRIVATE FIRST CLASS ERIC PAUL Virginia Beach, just a few hours from nominee will need to say more than WOODS where we are tonight, he told his wife ‘‘trust me’’ in response to these impor- Mr. NELSON of Nebraska. Mr. Presi- that he was going to do something spe- tant questions, because so much hangs dent, I rise today to honor PFC Eric cial for his Nation. He did for all of us, in the balance. Paul Woods of Omaha, NE. including one of his fellow soldiers who The importance of judicial philos- Private First Class Woods served his was rescued from those Afghan moun- ophy in deciding whether to confirm a country with the utmost bravery. A tains, where Petty Officer Dietz was Supreme Court justice is nothing new. graduate of Urbandale High School in lost to us. During the first 100 years after ratifica- Urbandale, IA, Woods moved to Omaha Matthew 5:9 teaches us, ‘‘Blessed are tion of the Constitution, 21 of 81 Su- 5 years ago, joining the Army in April the peacemakers, for they shall be preme Court nominations—one out of 2004 as a medic with the G Troop, 2nd called sons of God.’’ Petty Officer Dietz four—were rejected, withdrawn, or not Squadron of the 3rd Army Cavalry. He brave actions overseas are the kind of acted on. was based out of Fort Carson, CO. heroism of which you should be ex- Since 1968, a third of all Supreme Seven years earlier, Private First Class traordinarily proud and to which all Court nominations have failed. During Woods met his wife Jamie, also of the aspire. Petty Officer Dietz’s service to these confirmation debates, ideology Des Moines area. The two were wed a the people of the United States is a gift often mattered. John Rutledge, nomi- year later on their first anniversary as for which we are all profoundly grate- nated by George Washington, failed to a couple. On March 8, 2005, Private ful and will never forget. win confirmation as Chief Justice in First Class Woods was deployed for his Petty Officer 2nd Class Danny Philip 1795, when Alexander Hamilton and first tour in Iraq. Dietz, Jr. served this Nation with ex- other Federalists opposed him because On July 9, 2005, Private First Class traordinary courage, honor and distinc- of his position on the Jay Treaty. Woods was killed in action while serv- tion in fighting for our freedom and In 1811, James Madison’s nominee, ing courageously in Iraq. While bravely liberties. To his wife Maria and his en- Alexander Wolcott, was defeated be- attempting to save the life of a wound- tire family, I can only offer my deepest cause of his enforcement of the embar- ed soldier near Tal Afar, Iraq, he sus- condolences at your loss. The thoughts go and other trade laws opposed by tained fatal wounds as an improvised and prayers of an entire Nation are Federalists in the Senate. explosive device detonated near the with you. A nominee of President Polk was re- side of the road. His courage should be f jected because of his anti-immigration an example to all, as days before he position. A nominee of President Hoo- turned down an offer to be moved away MR. GENE MAY, A BUILDER OF ver was not confirmed because of his from the front lines. His dedication to HOMES anti-labor view. The Senate failed to both his fellow soldiers and his country Mr. BYRD. Mr. President, it is com- elevate Justice Abe Fortas to Chief clearly display both his valor and re- monly said that a man is known by his Justice in 1968, when Senate Repub- solve. work. For half of a century, Mr. Gene licans filibustered his nomination be- Private First Class Woods is survived May of McLean, VA, was known by the cause they objected to his decisions on by his wife Jamie and his 3-year old fine homes he built in the Washington free speech and defendants’ rights. son Eric Scott, among numerous other area. Chief Justice Rehnquist himself has friends, family, and countrymen who Mr. May, who died recently of lung stated that it is appropriate for the proudly honor and remember his sac- cancer, was a builder and a developer, Senate to ask about a Supreme Court rifice. I would like to offer my sincere who made an important and lasting im- nominee’s judicial philosophy, stating thoughts and prayers to Private First pact on this busy, ever-growing, and that this ‘‘has always seemed . en- Class Woods’ family. His selfless com- highly transient region. He was a good VerDate jul 14 2003 05:34 Jul 14, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G13JY6.048 S13PT1.