September 5, 2002 CONGRESSIONAL RECORD — SENATE S8255 take a big, deep breath and say: Wait a fied recommendation from the Amer- She does not deserve to have the minute—whether it is a Republican or ican Bar Association and the support of treatment that she got today. But we Democratic President and whether it is both home State Senators who has will have another day, and I believe a Republican or Democratic Senate— been turned down for a traditional Priscilla Owen will go down in the this is taking us down a very wrong nomination. records as a great Federal judge, be- and dangerous path. I am sad today because I know Pris- cause I believe she will be one eventu- I believe that in the great tradition cilla Owen. I know what a fine person ally. of partisan Members of this body, who she is. Not only did she graduate right Mr. President, I yield the floor. nevertheless understood that politics at the top of her class in law school, The PRESIDING OFFICER. The Sen- was no way to make decisions on but she had the No. 1 grade on the ator from Connecticut. judges, good sense will ultimately pre- Texas bar exam when she took it. She Mr. LIEBERMAN. Mr. President, I vail and the Senate will return to a has sterling credentials academically. suggest the absence of a quorum. standard that is appropriate—whether She is very well regarded by the former The PRESIDING OFFICER. The the candidate is well qualified based Democratic attorney general. The chief clerk will call the roll. upon traditional temperament and eth- justice of the Supreme Court of Texas The legislative clerk proceeded to ics, and on their ability to apply the was very supportive of her and came call the roll. law fairly, and understanding and out publicly for her. The other Demo- Mr. REID. Mr. President, I ask unan- knowledge of the law. cratic member of the Supreme Court of imous consent that the order for the If we don’t return to that kind of a Texas with whom she served came out quorum call be rescinded. standard, then we are on an inevitable strongly for her. The PRESIDING OFFICER. Without decline in the way that our country ap- It is just stunning that someone who objection, it is so ordered. plies the rule of law; and, since the rule never had one smirch on her record of Mr. REID. Mr. President, has the bill of law underpins everything in the integrity, who was totally well quali- been reported this afternoon? United States—from our guaranteed fied and unanimously certified by the f constitutional rights to our economic American Bar Association, and who CONCLUSION OF MORNING free market system, our property was reelected to the Texas Supreme BUSINESS rights, and all the rest—it would be the Court by over 80 percent of the vote beginning of the end of this country. would be turned down by the Judiciary The PRESIDING OFFICER (Mr. I do not exaggerate when I say that Committee. I think this is a sad day. REED). Morning business is closed. nothing less is at stake and that this But I will say this: I talked to Jus- f body needs to address this question tice Owen today. I said: You lost the HOMELAND SECURITY ACT OF 2002 very seriously before decisions such as battle today, but you could win the war The PRESIDING OFFICER. Under today’s become the rule rather than because I am absolutely certain that the previous order, the Senate will now the aberrant exception. President Bush will renominate her if resume consideration of H.R. 5005, I believe this is a dark day in the his- there is Republican control of the Sen- which the clerk will report. tory of the Senate, that history will ate. If that happens, she will be con- The assistant legislative clerk read judge the actions of the committee firmed, because she deserves to be con- as follows: today very harshly. I just hope my col- firmed. leagues will consider whether in the fu- It is very hard on a personal level to A bill (H.R. 5005) to establish the Depart- ment of Homeland Security, and for other ture we need to return to the tradition see someone as committed as Priscilla purposes. that has served Presidents and the Sen- Owen—she is basically a nonpolitical Pending: ate and the Nation so well. I hope so. individual. She did not even know I yield the floor. when she was asked to submit her Lieberman amendment No. 4471, in the na- ture of a substitute. The PRESIDING OFFICER. The Sen- name for the Supreme Court of Texas if Wellstone Amendment No. 4486 (to amend- ator from Texas. she had voted in the primary before. ment No. 4471), to prohibit the Secretary of Mrs. HUTCHISON. Mr. President, I This judge is not political. Homeland Security from contracting with heard the last part of the remarks of But George Bush—Governor of Texas any corporate expatriate. the Senator from Arizona about what at the time—appointed her. She then Reid amendment No. 4490 (to amendment happened today in the Judiciary Com- ran for election after her appointment No. 4486), in the nature of a substitute. mittee to Supreme Court Justice Pris- and was endorsed by every newspaper Smith (N.H.) amendment No. 4491 (to cilla Owen, a member of the Texas Su- in Texas and was just thought of by amendment No. 4471), to amend title 49, United States Code, to improve flight and preme Court, who was voted down on a both Republicans and Democrats as the cabin security on passenger aircraft. straight party line vote. I have never most qualified person who had been put Reid (for Boxer/Smith (N.H.)) amendment seen a case in which a person who is to- forward for this particular seat on the No. 4492 (to amendment No. 4491), to amend tally qualified, a person who has shown bench on the Fifth Circuit. title 49, United States Code, to improve integrity on the bench, and who has It is a sad day, but I think this is not flight and cabin security on passenger air- the academic credentials to be a great over. craft. Federal judge would be turned down I do believe that President Bush will The PRESIDING OFFICER. The Sen- for, really, I think a litmus test on reappoint her in the next Congress if ator from Nevada is recognized. issues. the Republicans control the Senate and Mr. REID. Mr. President, it is my un- In the past administration—the Clin- he believes that she will get a fair derstanding that Senator WELLSTONE ton administration—I voted for a num- hearing. I believe she will win the vote has a modification that will allow us to ber of judges with whom I disagreed of the Senate, and she will show what proceed and finish his amendment. philosophically, judges who I knew a great judge she can be because she Recognizing that as the case, people would rule differently from what I will be sitting on the Fifth Circuit still wish to speak in relation to that thought would be the ‘‘right vote’’ on bench. amendment. I think that can be done the court. But I tried to see what their But this is a tough day for her. I after we take that action. So if Senator qualifications were. I certainly tried to think she did not deserve this treat- WELLSTONE is ready, I will ask that he see if they would be strict construc- ment. I will say that in the parts of the be allowed to modify his amendment, tionists to the Constitution, if they hearing that she had that I saw, she and that will be accepted by voice vote. would adhere to the law rather than be was outstanding and did as good a job Following that, the Senator from traditional judicial activists. I voted as anyone I have ever seen who was a Texas will be recognized for 20 minutes for people with whom I disagreed many nominee for the Federal bench. She did to speak in relation to the legislation times. Today, I don’t think that could so well that she won the endorsement before the Senate; and the manager of be said for members of the Judiciary of the Washington Post, the Chicago the bill, Senator THOMPSON, wishes to Committee. Tribune, and the Wall Street Journal. speak, and I ask that he be recognized I am told there has never been a She had accolades from newspapers following the statement of the Senator nominee who had the unanimous quali- across America. from Texas. S8256 CONGRESSIONAL RECORD — SENATE September 5, 2002 Senator LIEBERMAN wishes to speak Mr. THOMPSON. Reserving the right not have substantial business activities in after Senator THOMPSON. At that time, to object, as I understand it, Senator the foreign country in which or under the we should be in a position to move for- GRAMM will speak first. Then I will law of which the entity is created or orga- ward on the Smith-Boxer amendment. have the opportunity to speak and then nized when compared to the total business activities of such expanded affiliated group. I ask unanimous consent that the IEBERMAN Senator L . Does the Senator (c) DEFINITIONS AND SPECIAL RULES.—For Senate resume consideration of the from Minnesota want additional time? purposes of this section— Wellstone amendment; that Senator Mr. REID. Under the agreement I (1) RULES FOR APPLICATION OF SUBSECTION WELLSTONE then modify his amend- just stated, he has 20 minutes if he (b).—In applying subsection (b) for purposes ment with changes that have been wishes to use it.