S16 CONGRESSIONAL RECORD — SENATE January 23, 2012 Governor and Justice Gerrard was serv- preme Court. These decisions reveal Mr. SESSIONS. Mr. President, I ask ing on the Nebraska Supreme Court. As with clarity his philosophy regarding unanimous consent that the order for a matter of fact, the court has con- the powers and limitations of a judge. the quorum call be rescinded. curred in establishing an execution They reflect his commitment to adhere The ACTING PRESIDENT pro tem- date to take place this March 6 in the to the Constitution and the laws of our pore. Without objection, it is so or- State of Nebraska. great Nation. dered. Issuing and executing a death sen- When asked about judicial restraint f tence is one of the most solemn respon- after his nomination to the U.S. dis- sibilities the judicial and executive trict court, Justice Gerrard responded: CONCLUSION OF MORNING branches are entrusted with. In every I firmly believe that a judge should rely on BUSINESS instance, Justice Gerrard has ruled on the admissible evidence and applicable law The ACTING PRESIDENT pro tem- the death penalty, he has been bal- (and nothing else) when rendering a decision. pore. Morning business is closed. anced, even-handed and, most impor- He further responded: f tant, faithful to the Constitution. In I do not believe a judge should consider his EXECUTIVE SESSION fact, Judge Gerrard has confirmed for or her own values or policy preferences in de- the record that the U.S. Supreme Court termining what the law means—and I have never done so at any time in my judicial ca- and the Nebraska Supreme Court have reer. NOMINATION OF JOHN M. repeatedly held that the death penalty This unequivocal statement says a GERRARD TO BE UNITED is an acceptable punishment as long as lot. Justice Gerrard knows that his STATES DISTRICT JUDGE FOR the laws for imposing it are followed more than 450 opinions are a matter of THE DISTRICT OF NEBRASKA and the constitutional limitations im- public record and that they are open to The ACTING PRESIDENT pro tem- posed by the U.S. Supreme Court are everyone’s scrutiny. He has welcomed respected. pore. Under the previous order, the that. He has welcomed it with humil- Senate will proceed to executive ses- Finally, Judge Gerrard has stated, ity. and the record shows, he has voted to sion to consider the following nomina- You will not hear him boast about tion, which the clerk will report. confirm a number of sentences and con- being the youngest person ever ap- victions of those sentenced to death, The assistant legislative clerk read pointed to my home State’s high court, the nomination of John M. Gerrard, of and he has authored more than one nor will you hear him boast about his State court opinion upholding the con- Nebraska, to be United States District successful years as a private attorney Judge for the District of Nebraska. stitutionality of Nebraska’s death pen- and city attorney—and they were suc- alty law. In my view, Judge Gerrard’s The ACTING PRESIDENT pro tem- cessful. He is absolutely unassuming. pore. Under the previous order, there answers and his clear record more than He is reflective and he is articulate. He adequately address any concerns about will be 90 minutes for debate, with 60 speaks with great reverence about the minutes divided in the usual form and his ability or willingness to both apply oath he took to uphold the Constitu- the law with impartiality and to carry 30 minutes under the control of the tion. Senator from Alabama. out the law effectively . I did not know Justice Gerrard prior To sum up, John Gerrard deserves to Mr. SESSIONS. Mr. President, I ask to his appointment to the Nebraska that I be notified after 12 minutes. be confirmed by the Senate because he Supreme Court, but he quickly devel- has an outstanding legal record, he The ACTING PRESIDENT pro tem- oped a reputation as a disciplined judge pore. Without objection, it is so or- possesses the proper temperament who renders very well researched opin- needed on the Federal bench, and he dered. ions. Mr. SESSIONS. Mr. President, by all will follow legal precedent to carry out I believe Justice John Gerrard is a accounts, Judge Gerrard of the Ne- the law rather than interpret as he sees worthy member to join the U.S. dis- braska Supreme Court is a good man it. He has been and will be an impartial trict court, and so I stand here today with a good family and many friends, judge, not an activist. So I urge his urging my colleagues to vote in favor and he has done a pretty good job over confirmation by my colleagues. of his confirmation. I yield the floor and suggest the ab- I would also like to take a moment the years—maybe a good job over the sence of a quorum. to talk about the process that brought years—as a capable practicing jurist The ACTING PRESIDENT pro tem- us here this afternoon. In this regard, I now on the Supreme Court of Ne- pore. The clerk will call the roll. would like to offer my appreciation braska. The legislative clerk proceeded to and thanks to my colleague from Ne- I will vote against that nomination, reluctantly. I really do not want to in call the roll. braska, the senior Senator, BEN NEL- one sense, but his nomination raises an Mr. JOHANNS. Mr. President, I ask SON. Senator NELSON called me before unanimous consent that the order for this nomination was made and asked important issue about the duty of a the quorum call be rescinded. for my input. I took that opportunity judge to be faithful to the law and to The ACTING PRESIDENT pro tem- to sit down with Judge Gerrard and to commit to serve under the law and pore. Without objection, it is so or- talk to him. After our meeting and under the Constitution, as the oath of dered. knowing what I knew about the jus- a Federal judge requires. In other Mr. JOHANNS. Mr. President, I am tice, it was my decision to support his words, as a judge you are a servant to very pleased today to rise in support of nomination to the U.S. district court. the law. a man who has proven himself worthy In fact, I would say, if I had total con- You honor the law. You venerate the to serve as a Federal judge on the U.S. trol of this nomination, I would do it law. You follow the law whether or not district court. all over again. you like it, whether or not you think it Justice John Gerrard has experience, This is a fine man. This is a man who is a good idea, whether or not had you integrity, and respect for the Constitu- I hope will have strong bipartisan sup- been at the Constitutional Convention tion—all of which are necessary for port this afternoon when we vote on in the 1700s, you would have voted for someone serving on our Federal bench. making him a U.S. district judge. He is that phrase or not voted for that He has earned the respect and the ad- a good man, and he deserves a strong phrase or whether if you had been in miration of the people of Nebraska. He bipartisan vote. He is going to adhere the House or the Senate you would consistently receives top ratings from to the laws of our Nation with integ- have worked to change the Constitu- the Nebraska State Bar Association, rity, humility, and a strict adherence tion or change the law of the State of and the people of Nebraska have ex- to the law. Nebraska. Those are matters that are pressed their confidence in him not I yield the floor. outside the province of a judge. If once, not twice, but three times, voting I suggest the absence of a quorum. judges choose to be involved in policy- to retain him on the bench. The ACTING PRESIDENT pro tem- setting, then they ought to invest Justice Gerrard has authored hun- pore. The clerk will call the roll. themselves in the policy-setting dreds of opinions throughout his 16 The assistant legislative clerk pro- branches, the legislative and executive years as a member of the Nebraska Su- ceeded to call the roll. branches. VerDate Mar 15 2010 01:55 Jan 24, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23JA6.009 S23JAPT1 rfrederick on DSK6SPTVN1PROD with SENATE January 23, 2012 CONGRESSIONAL RECORD — SENATE S17 So judges are, as Justice Roberts said ity of the Congress or the State legisla- Court had always held that electrocu- so wonderfully, ‘‘neutral umpires.’’ tures to impose a death penalty. tion was not cruel and unusual, Judge They do not take sides in the game; The Constitution was in no way ever Gerrard asserted in the Moore case they enforce the rules of the game. thought to be a document that would that ‘‘a changing legal landscape raises How those rules have been written and have prohibited all death penalty questions regarding the continuing vi- established and what motivation cases. But there became a movement in tality of that conclusion.’’ caused the Congress to pass them is the middle of the last century and later I am not aware of anything in the not the critical issue. So there is a that the death penalty was bad and landscape that would justify any very troubling matter to me which re- that judges should overthrow it.