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SENATOR FROM ARKANSAS.
A SENATOR: I ASK THAT THE
QUORUM CALL BE DISPENSED WITH.
OBJECTION.
MR. PRESIDENT, MY
COLLEAGUE FROM ARKANSAS AND I
WOULD LIKE TEN MINUTES, MAXIMUM
MY COLLEAGUE AND I
WOULD LIKE TEN MINUTES TO EXTEND
BIRTHDAY GREETINGS.
WITH THE PRESIDENT'S APPROVAL,
WE'LL TURN IT OFF TO SENATOR
BOOZMAN AND LET HIM LEAD O.
OBJECTION.
THANK YOU,
MR. PRESIDENT.
IT IS A PLEASURE TO BE WITH THE
SENIOR SENATOR FROM ARKANSAS
DISCUSSING SOMEBODY THAT WE BOTH
HAVE A GREAT DEAL OF AFFECTION
FOR, AND THAT IS THE FORMER
DISTRICT OF ARKANSAS, THE
REPRESENT.
CONGRESSMAN HAMMERSCHMITT
REPRESENTED THE DISTRICT FOR 26
YEARS.
HE RECENTLY CELEBRATED HIS
90th BIRTHDAY ON MAY 4.
JOHN PAUL LED A DEDICATED LIFE
TO PUBLIC SERVICE.
IN FACT, THAT IS TRULY AN
UNDERSTATEMENT.
HE SERVED AS A COMBAT PILOT
DURING WORLD WAR II AND IS PART
OF THE GREATEST GENERATION.
RETURNED HOME TO
HARRISON, ARKANSAS, HE RAN THE
FAMILY LUMBER BUSINESS WHILE
SPEAR HEADING EFFORTS TO CREATE
A TWO-PARTY POLITICAL SYSTEM IN
THE STATE OF ARC SAUFPLT JOHN
PAUL HELPED MOLD THE POLITICAL
LANDSCAPE OF ARKANSAS AND NEVER
LOST SIGHT OF DOING THAT, AND
THAT BEING THE PEOPLE OF
BY THE TIME HE WAS ELECTED TO
CONGRESS IN 1996 HE WAS THE
FIRST MEMBER OF HIS PARTY TO
REPRESENT RECONSTRUCTION.
HE HAD A REPUTATION OF WORKING
TO HELP OTHERS.
MEMBER OF CONGRESS.
BY THE TIME HE RETIRED HE WAS A
RANKING MEMBER ON THE HOUSE
TRANSPORTATION AND
INFRASTRUCTURE COMMITTEE.
HE SERVED IN CONGRESS WITH THE
SAME ENTHUSIASM THAT PROPELLED
HIM INTO OFFICE AND WAS RELL
RESPECTED BY -- WAS WELL
RESPECTED BY HIS COLLEAGUES ON
BOTH SIDES OF THE AISLE FOR HIS
STRONG WORK ETHIC, APPROACH TO
GETTING THINGS DONE.
11 YEARS AGO AS A NEWLY ELECTED
MEMBER OF CONGRESS WHO ALSO
THE DISTRICT THAT
JOHN PAUL USED TO REPRESENT, HE
GAVE THE ADVICE THAT I CONTINUE
TO FOLLOW, AND THAT IS THAT THE
KEY TO GOOD GOVERNING, THE KEY
TO GOOD PUBLIC SERVICE IS THAT
ONCE ELECTED, THERE AREN'T ANY
MORE REPUBLICANS, THERE AREN'T
THERE ARE JUST THE PEOPLE OF
ARKANSAS, THE PEOPLE OF AMERICA,
THEM.
THESE WORDS RING TRUE TODAY AS
THEY DID 11 YEARS AGO.
HIS EFFORTS TO WORK WITH HIS
COLLEAGUES IN BOTH POLITICAL
PARTIES BENEFIT ARKANSAS AND
AMERICA AND SHOWED WHAT IT TRULY
MEANS TO BE BIPARTISAN.
DESPITE BEING IN THE HOUSE
MINORITY, HE WAS ABLE TO ACHIEVE
MUCH SUCCESS IN CONGRESS BECAUSE
HE RECOGNIZED THAT THE KEY TO
GOOD GOVERNING AND GOOD PUBLIC
SERVICE IS THAT YOU TREAT
EVERYONE FAIRLY AND SET ASIDE
POLITICAL DIFFERENCES.
THIS IDEOLOGY ALOUD HIM TO BE
INFLUENTIAL IN A A VARIETY OF
INFRASTRUCTURE PROJECTS
INCLUDING INTERSTATE 540, THE
NORTHWEST ARKANSAS REGIONAL
AIRPORT, PROTECTING THE BUFFALO
RIVER UNDER THE DESIGNATION AS A
NATIONAL RIVER AND SETTING THE
EXAMPLE OF EXEMPLARY CONSTITUENT
SERVICE THAT WE STRIVE TO
CONTINUE TODAY.
HE IS SHOWING NO SIGNS OF
LETTING HIS AGE SLOW HIM DOWN BY
ANY MEANS.
HE CONTINUES HIS SERVICE ON
NUMEROUS BOARDS AND FOR
ORGANIZATIONS WITH THE SAME
VIGOR HE DEMONSTRATED THROUGHOUT
HIS CAREER.
JOHN PAUL PLAYED AN IMPORTANT
ROLE IN OUR STATE'S HISTORY, AND
HE IS STILL CONTINUING TO PLAY
AN IMPORTANT ROLE IN OUR STATE'S
HISTORY AND ALSO PLAYED AN
IMPORTANT INFLUENCE ON ME AS HE
DID SO MANY OTHERS IN ARKANSAS.
I CONSIDER HIM A FRIEND AND A
MENTOR.
I FONDLY RECALL THE FIRST TIME
THAT I WAS IN WASHINGTON BEING
SWORN IN IN 2001, HE TOOK MY
BROTHER AND I TO THE MEMBERS
DINING ROOM.
IMPORTANT TIME.
JUST HIS HOSPITALITY TO ALL OF
US THROUGHOUT THE YEARS, IT WAS
SO GRACIOUS.
I APPRECIATE VERY MUCH HIS
ADVICE AND FRIENDSHIP, AND JOHN
PAUL WAS ABLE TO LEAVE HIS
FINGERPRINTS ON PROJECTS
IMPORTANT TO ARKANSAS THROUGH
HIS HARD WORK, DEDICATION AND
HE NEVER FORGOT ABOUT THE PEOPLE
HE WAS SENT TO WASHINGTON TO
REPRESENT, AND WE ARE TRULY
GRATEFUL FOR HIS TIRELESS
EFFORTS TO REPRESENT THE PEOPLE
OF ARKANSAS.
CONGRESSMAN -- I'M SORRY.
SENATOR PRYOR.
THANK YOU.
THANK YOU, MR. PRESIDENT.
JOHN PAUL HAMMERSCHMIDT IS 90.
THERE ARE MANY COLLEAGUES HERE
IN THIS CHAMBER THAT SERVE IN
THIS BODY TODAY WHO WORKED
ALONGSIDE HIM EITHER DURING
THEIR SERVICE IN THE HOUSE OR
JUST WHEN THEY WERE IN THE
SENATE WORKED WITH HIM ON THE
MANY THINGS THAT CONGRESSMAN
YEARS.
HE REALLY IS ONE OF THE ARKANSAS
SERVED NORTHWEST ARKANSAS,
WHICH IS THE THIRD CONGRESSIONAL
DISTRICT, FOR 26 YEARS IN THE
LOOKING BACK AT HIS CAREER, HE
ONCE SAID -- QUOTE -- "THE ONLY
REASON PEOPLE SHOULD BE IN
PUBLIC SERVICE IS TO PURELY
SERVE OTHER PEOPLE."
END QUOTE.
INDEED, HE SET THE BAR FOR
DELIVERING A SOCIAL SECURITY
CHECK TO A SENIOR BOG DOWN IN
FIGHTING FOR SECURITY BENEFITS
FOR A VETERAN.
TODAY EACH OF US IN THE ARKANSAS
CONGRESSIONAL DELEGATION TRIES
TO EMULATE HIS LEGENDARY
CASEWORK MANAGEMENT.
ONE OF JOHN PAUL'S MOST
SIGNIFICANT CONTRIBUTIONS WAS
THE PRESERVATION OF THE BUFFALO
RIVER AS A FREE-FLOWING STREAM.
ACCORDING TO THE PRYOR CENTER
FOR ARKANSAS ORAL AND VISUAL
HISTORY, JOHN PAUL FIRST FLOATED
THE BUFFALO AT AGE 12 AFTER
TAKING WOOD FROM HIS FATHER'S
LUMBER YARD TO BUILD HIMSELF A
NEARLY 40 YEARS LATER, HE
ESTABLISHED THE BUFFALO AS THE
FIRST NATIONAL RIVER.
THIS WAS NOT AN EASY ACHIEVEMENT
BUT ONE THAT WAS BUILT WITH
PERSISTENCE AND THROUGH
RELATIONSHIPS WITHIN THE
TODAY, TENS OF THOUSANDS OF
ARKANSAS FAMILIES BUT ALSO
AMERICAN FAMILIES, INCLUDING MY
OWN JUST A COUPLE OF MONTHS AGO,
ENJOY FLOATING THE BUFFALO
NATIONAL RIVER.
JOHN PAUL ALSO USED HIS TIME IN
CONGRESS TO HELP NORTHWEST
ARKANSAS EXPAND ITS
INFRASTRUCTURE TO KEEP UP WITH
THE REGION'S FAST GROWTH.
FOR THOSE OF MY COLLEAGUES WHO
DON'T KNOW, THAT IS ONE OF THE
FASTEST GROWING SECTIONS OF THE
ENTIRE COUNTRY.
COMMITTEE, JOHN PAUL WAS
CREDITED WITH SECURING
BIPARTISAN SUPPORT ON KEY
INFRASTRUCTURE LEGISLATION.
WE COULD USE A LITTLE BIT OF
THAT MAGIC TODAY, BY THE WAY.
YOU CAN'T GO FAR IN NORTHWEST
ARKANSAS WITHOUT SEEING HIS
IMPACT.
WE HAVE THE JOHN PAUL
HAMMERSCHMIDT HIGHWAY, AN ACCESS
ROAD TO CARTER FIELD NEAR
ROGERS, AN INDUSTRIAL PARK AT
JOHN PAUL
HAMMERSCHMIDT PLAZA, THE JOHN
PAUL HAMMERSCHMIDT BUSINESS AND
CONFERENCE CENTER AT NORTH
ARKANSAS COMMUNITY COLLEGE, THE
JOHN PAUL HAMMERSCHMIDT LAKE AT
FORT SMITH AND THE JOHN PAUL
HAMMERSCHMIDT FEDERAL BUILDING
IN FAYETTEVILLE.
UPON JOHN PAUL'S RETIREMENT,
FORMER CONGRESSMAN, COMMERCE AND
TRANSPORTATION SECRETARY NORMAN
MINETA SPOKE ON THE FLOOR OF THE
HOUSE OF REPRESENTATIVES SAYING
-- QUOTE -- "THERE IS NO
INDIVIDUAL IN THE HOUSE WHO IS
MORE LOVED AND RESPECTED THAN
JOHN PAUL HAMMERSCHMIDT.
HIS HONESTY, GENTLENESS, DECENCY
AND INTEGRITY ARE SECOND TO
NONE.
DON'T BE SWAYED BY HIS QUIET
MANNER BECAUSE UNDERNEATH IS A
MAN WITH STRONG CONVICTIONS, A
SENSE OF PURPOSE AND A KEEN
DESIRE TO GET THINGS DONE."
END QUOTE.
IT IS FAIR TO SAY THAT JOHN PAUL
NEVER ACTUALLY RETIRED.
HE REMAINS INVOLVED IN MANY
CIVIC ORGANIZATIONS, INCLUDING
NORTHWEST ARKANSAS COUNCIL AND
MARCH OF DIMES, HIGHER EDUCATION
CONTINUES TO BE ONE OF HIS
PRIORITIES.
HE SERVES ON NOT ONE BUT TWO
BOARDS OF TRUSTEES, ONE AT THE
UNIVERSITY OF THE OZARKS AND THE
OTHER AT ARKANSAS STATE
UNIVERSITY.
JOHN PAUL HAMMERSCHMIDT HAS
SPENT DECADES SERVING OTHERS AND
GIVING BACK TO HIS COMMUNITY.
I'M PLEASED TO HAVE THIS
OPPORTUNITY TO PAY TRIBUTE TO
ALL HE HAS ACHIEVED SO FAR AND
WISH HIM A HAPPY 90th BIRTHDAY
AND MANY MORE YEARS OF HEALTH
WITH THAT, MR. PRESIDENT, I
YIELD THE FLOOR.
QUORUM.
THE CLERK
WILL CALL THE ROLL.
CALL:
CALL:
HAD.
THE
SENATOR FROM VERMONT.
I ASK THE CALL OF THE
QUORUM BE DISPENSED WITH.
WITHOUT
OBJECTION.
UNDER THE PREVIOUS ORDER, THE
SENATE WILL PROCEED TO EXECUTIVE
SESSION TO CONSIDER THE
FOLLOWING NOMINATIONS WHICH THE
CLERK WILL REPORT.
THE CLERK:LE NOMINATIONS,
GEORGE LEVI RUSSELL III OF
MARYLAND TO BE UNITED STATES
DISTRICT JUDGE.
JOHN J. THARP JR. OF ILLINOIS TO
BE UNITED STATES DISTRICT JUDGE.
UNDER THE
PREVIOUS ORDER, THERE WILL BE
RESPECT TO THESE NOMINATIONS,
EQUALLY DIVIDED IN THE USUAL
FORM.
MR. PRESIDENT, I ASK
UNANIMOUS CONSENT THE TIME RUN
TO 5:30 ON THE NOMINEE WHICH
BE APPROXIMATELY 50
MINUTES BUT THAT TIME BE DIVIDED
IN THE USUAL ORDER.
WITHOUT
OBJECTION.
MR. PRESIDENT, I ASK
THAT MY STATEMENT ON THE
JUDICIAL NOMINEES BE INCLUDED IN
THE RECORD AS IF SPOKEN.
OBJECTION.
AND, MR. PRESIDENT,
USING THE TIME ALLOCATED TO THE
MAJORITY, I ASK THAT MY REMARKS
BE SEEN AS IN MORNING BUSINESS.
WITHOUT
OBJECTION.
MR. PRESIDENT, I WAS
FORTUNATE TO BE ABLE TO ATTEND
THE ARGUMENT BEFORE THE UNITED
STATES SUPREME COURT ON THE
CONSTITUTIONALITY OF THE
PROVISION IN THE AFFORDABLE CARE
ACT PROVIDING THAT THE
INDIVIDUAL SHOULD TAKE PERSONAL
RESPONSIBILITY FOR PAYING FOR
HEALTH CARE BY OBTAINING HEALTH
FINE.
I WATCHED A LOT OF ARGUMENTS IN
THE SUPREME COURT.
OBVIOUSLY MY POSITION AS
CHAIRMAN OF THE JUDICIARY
COMMITTEE, I PAY CLOSE
ATTENTION, AS DO ALL MEMBERS,
OF WHAT GOES ON THERE.
I HEARD A GREAT DEAL OF INSTANT
ANALYSIS FROM COMMENTATORRORS
AFTER THE ARGUMENT INCLUDING
PREDICTIONS OF HOW THE COURT
WILL RULE.
WHAT I DIDN'T HEAR WAS MUCH
DEVOTED TO THE ROLE OF THE CHIEF
JUSTICE OF THE UNITED STATES.
I SAW THE CHIEF JUSTICE THAT DAY
WHEN I WATCHED THE ARGUMENTS WHO
I DEEMED WELL AWARE OF THE
SIGNIFICANCE OF THIS DECISION.
CHIEF JUSTICE ROBERTS HAD NOT
BEEN APPOINTED WHEN THE COURT
INTERVENED IN THE PRESIDENTIAL
ELECTION OF 2000, BUT HE
CERTAINLY SAW THE REACTION TO
THAT DECISION, BUSH VERSUS
GORE, A 5-4 POSITION, A
DECISION THE COUNTRY VIEWED AS
PARTISAN, IN FACT, MANY IN THE
COUNTRY FELT THAT FIVE PEOPLE ON
THE SUPREME COURT DECIDED A
PRESIDENTIAL -- A PRESIDENTIAL
ELECTION.
AND ACTUALLY FOR THE PERSON WHO
GOT LESS VOTES THAN THE ONE THEY
SAID LOST.
BUT THE CHIEF JUSTICE DID
PARTICIPATE IN THE COURT'S
RECENT 5-4 DECISION IN CITIZENS
UNITED THAT DIVIDED ALONG
IDEOLOGICAL LINES AND CONTINUES
TO ENGENDER SIGNIFICANT
BACKLASH.
THAT DECISION LED DIRECTLY TO
THE SUPER PAC'S AND CAMPAIGN
EXCESSES THAT ARE PLAGUING OUR
DEMOCRATIC ELECTIONS.
ACTUALLY IT PLAGUED THIS YEAR'S
REPUBLICAN PRESIDENTIAL
PRIMARIES.
AS BAD AS ITS EFFECT ON BOTH
REPUBLICANS AND DEMOCRATS AND
ELECTIVE OFFICES, I BELIEVE
IT'S CONTRIBUTED TO THE FURTHER
EROSION OF THE PUBLIC'S
CONFIDENCE IN THE SUPREME COURT
TO BE AN INDEPENDENT ARBITER.
THE CONSTITUTIONAL CHALLENGE TO
THE AFFORDABLE CARE ACT IS THE
CURRENT INSTANCE IN WHICH NARROW
IDEOLOGY AND PARTISANSHIP ARE
PRESSURING THE SUPREME COURT TO
INTERVENE WHERE IT SHOULD NOT.
TO
OVERRIDE THE LAW AND
CONSTITUTIONAL LEGAL STANDINGS
THAT HAVE BEEN SETTLED SIFNS THE
GREAT DEPRESSION.
IT WOULD ALSO OVERTURN THE
ACTIONS OF THE PEOPLE WHO ARE
ELECTED TO REPRESENT ALL
AMERICANS IN BOTH THE HOUSE AND
THE SENATE.
I WAS STRUCK BY HOW LITTLE
RESPECT SOME OF THE JUSTICES
SHOWED TO CONGRESS, HOW
DISMISSIVE THEY WERE THAT MONTHS
OF WORK WE HAD, HEARINGS --
DOZENS OF HEARINGS, OR THE
COMMITTEE ACTIONS OR THE DEBATE
OF AMENDMENTS AND MOTIONS AND
POINTS OF ORDER ON THE SENATE
AND HOUSE FLOOR BEFORE THE
MEASURE WAS ENACTED, HOW THAT
WAS ALMOST SUMMARILY DISMISSED
BY SOME.
NOW, I'M NOT GOING TO BE
OFFENDED IF SOME OF THE JUSTICES
DON'T LIKE US PERSONALLY OR
DISAGREE WITH THE POLICY
JUDGMENTS REFLECTED IN THE LAW,
AS INDIVIDUALS, AS CITIZENS, AS
HUMAN BEINGS.
THEY'RE ENTITLED TO THEIR
PERSONAL VIEWS, JUST AS YOU AND
I ARE.
BUT AS JUSTICES, THEY ARE
SUPPOSED TO BEGIN THEIR INQUIRY
BY RESPECTING THE WILL OF THE
PEOPLE, AS REFLECTED IN THE WORK
OF CONGRESS, AND TO DEFER TO
CONGRESS UNLESS THE LAWS WE PASS
VIOLATE THE CONSTITUTION.
ACTING OUT BASED ON THEIR
PERSONAL VIEWS IN THIS MATTER
WOULD BE THE HEIGHT OF
CONSERVATIVE JUDICIAL ACTIVISM.
LET ME REPEAT THAT.
ACTING OUT BASED ON THEIR
PERSONAL VIEWS IN THIS MATTER
WOULD BE THE HEIGHT OF
ACTIVISM.
THE CHIEF JUSTICE SEEMS TO
UNDERSTAND THE DEFERENCE OF THE
ELECTED BRANCH IS FUNDAMENTAL TO
THE PROPER EXERCISE OF JUDICIAL
I WAS STRUCK THAT MORE THAN ONCE
COMMENTED ON THE EXTREME
ARGUMENTS COMING FROM OTHER
JUSTICES BY NOTING THEY WEREN'T
BEING FAIR.
WELL, CHIEF JUSTICE ROBERTS WAS
RIGHT IN THAT REGARD.
I THOUGHT I SAW A CHIEF JUSTICE
WHO UNDERSTANDS THE IMPORTANCE
OF THIS CASE TO ALL AMERICANS,
INCLUDING THOSE MILLIONS WHO
WOULD OTHERWISE CONTINUE OUT
HEALTH CARE INSURANCE OR ACCESS
TO AFFORDABLE HEALTH CARE, THE
KIND OF HEALTH CARE INSURANCE
AND ACCESS TO AFFORDABLE HEALTH
CARE, MR. PRESIDENT, EACH ONE OF
US IN THIS CHAMBER HAVE, THAT
EACH MEMBER OF THE SUPREME COURT
HAVE.
WE ALL REMEMBER WHEN THE CHIEF
JUSTICE WAS NOMINATED, HE
TESTIFIED THAT IF CONFIRMED, HE
WOULD HONOR PRECEDENTS, HE WAS
ACKNOWLEDGE THE LIMITED ROLE OF
JUDICIARY AND SEEK TO BRING
THE COURT TOGETHER.
WELL, WHEN I VOTED TO CONFIRM
CHIEF JUSTICE ROBERTS AS CHIEF
JUSTICE OF THE UNITED STATES --
AND MANY OF MY DEMOCRATIC
COLLEAGUES VOTED THE OTHER WAY,
AND I RESPECT THEM FOR THAT -- I
SAID IN VOTING FOR HIM, I WAS
VOTING WITH HOPE AND FAITH.
I CREDITED HIS TESTIMONY.
I TRUSTED HE WOULD ACT TO
FULFILL HIT RESPONSIBILITIES IN
ACCORDANCE WITH THE TESTIMONY HE
GAVE TO THE UNITED STATES SENATE
SENATE.
I SAID THEN THAT IF I THOUGHT HE
WOULD EASILY REJECT PRECEDENT OR
USE HIS POSITION ON THE SUPREME
COURT AS A BULWARK FOR ACTIVISM,
I WOULD NOT HAVE SUPPORTED HIS
CONFIRMATION.
I WAS ENCOURAGED BY THE
ASHIEWRCHESES HE GAVE -- THE
ASSURANCES HE GAVE DURING THE
CONFIRMATION PROCESS THAT HE'D
RESPECT CONGRESSIONAL AUTHORITY.
WELL, THIS CASE IS A FUNDAMENTAL
TEST.
HE RELIED HEAVILY
DURING HIS HEARING ON THE RECENT
GONZALEZ v. RAICH DECISION, AS
CONTROLLING PRECEDENT UPHOLDING
UNDER THE COMMERCE CLAUSE.
I TRUST THAT HE WILL BE A CHIEF
JUSTICE FOR ALL OF US AND THAT
HE HAS A STRONG INSTITUTIONAL
SENSE OF THE PROPER ROLE OF THE
JUDICIAL BRANCH.
IT IS THE SUPREME COURT OF THE
UNITED STATES, NOT THE SUPREME
COURT OF THE DEMOCRATIC PARTY OR
THE REPUBLICAN PARTY, NOT THE
SUPREME COURT OF THE LIBERALS OR
CONSERVATIVES; THE SUPREME COURT
OF THE UNITED STATES.
AND THE CHIEF JUSTICE IS THE
CHIEF JUSTICE OF THE UNITED
STATES, ALL 320 MILLION OF US.
AND GIVEN THE IDEOLOGICAL
CHALLENGE OF THE AFFORDABLE CARE
ACT AND THE EXTENSIVE, SUPPORTED
PRECEDENT, IT WOULD BE
EXTRAORDINARY FOR THE SUPREME
COURT NOT TO DEFER TO CONGRESS
IN THIS MATTER THAT IS SO
CLEARLY -- THAT SO CLEARLY
AFFECTS INTERSTATE COMMERCE.
LAST MONTH THE SUPREME COURT
ARGUMENT GAVE ME REASON TO HOPE
THING.
I SAID AT THE TIME AFTER ALL
THAT THEY COULD OVERTURN THE
AFFORDABLE CARE ACT, WHY
COULDN'T THEY OVERTURN SOCIAL
SECURITY OR MEDICARE?
THERE WOULD BE JUST AS MUCH
REASON TO OVERTURN THOSE.
THE KEY TO THE TEST FOR
CONSTITUTIONALITY UNDER THE
COMMERCE CLAUSE IS WHETHER THE
LAW SUBSTANTIALLY AFFECTS
INTERSTATE COMMERCE.
THAT IS A LONG-ESTABLISHED
CONSTITUTIONAL TEST SET FORTH
TIME AND TIME AGAIN BY THE
SUPREME COURT.
AS A LAW PASSED BY CONGRESS,
PASSED TO REGULATE A MARKET THAT
MAKES UP ONE-SIXTH OF THE U.S.
ECONOMY, THE AFFORDABLE CARE ACT
IS WELL WITHIN THE LIMITS SET BY
THE SUPREME COURT'S OWN
PRECEDENCE ON CONGRESS'S
COMMERCE CLAUSE POWER.
THE PERSONAL RESPONSIBILITY
REQUIREMENT THAT IS THE FOCUS OF
THE LEGAL CHALLENGE IS NECESSARY
TO ENSTHIEWR ENSURE THAT AMERICANS ARE NOT
STUCK WITH PAYING THE $43
BILLION OF HEALTH CARE COSTS INK
KURD BY MILLIONS OF AMERICANS
WHO DO NOT BUY HEALTH INSURANCE
AND MUST RELY ON EXPENSIVE
EMERGENCY HEALTH CARE WHEN
INEVITABLY FACED WITH MEDICAL
PROBLEMS.
THAT IS WHAT CONGRESS CONCLUDED,
AFTER EXTENSIVE STUDY AND
DEBATE.
IT IS WHAT WE INCLUDED IN THE
TEXT OF THE LAW ITSELF.
FLOSSTHERE IS
NO QUESTION THAT THE TEXT BY
CONGRESS --
EXAMPLES OF HYPOTHETICAL LAWS
THAT CONGRESS HAS NOT PASSED
RIDICULOUS
THEY MAY BE POPULAR IN
FEDERALIST SOCIETY CIRCLES OR ON
POLITICAL BLOGS OR TO THOSE WHO
WANT TO BIND THE CONSTITUTION
SLOGAN.
IT HAS NO PLACE IN THE SUPREME
COURT DETERMINATION.
THERE MAY COME A TIME WHEN
CONGRESS PASSES A LAW, WHEN THE
BOUNDARY WHICH AFFECTS COMMERCE
NEEDS TO BE MORE CLOSELY
CONSIDERED.
THAT TIME MAY COVMENT HYPOCRITE
IT DOESN'T.
BUT IT IS NOT THE TIME AND THIS
IS NOT THE CASE.
THE AFFORDABLE CARE ACT BUILDS
ON SOME OF THE CORNERSTONES OF
AMERICA'S ECONOMIC SECURITY
BUILT OVER THE LAST CENTURY.
I BELIEVE WHEN IT PASSED AND I
STILL BELIEVE TODAY THAT
CONGRESS ACTED WITHIN ITS
CONSTITUTIONAL AUTHORITY TO
ENACT LAWS TO HELP PROTECT ALL
AMERICANS.
JUST AS SOME IN THIS COUNTRY
DISAGREED WHEN THE CONGRESS
PASSED SOCIAL SECURITY, THE
COURT AGREED WE ACTED WITHIN OUR
AUTHORITY TO DO SO.
IT MAY AGREE OR DISAGREE WITH
PARTS OF THE AFOFERREDDABLE CARE
ACT -- THE AFFORDABLE AIR ACT.
THE FACT IS THAT CONGRESS ACTING
WITHIN ITS AUTHORITY.
I HOPE AND HAVE FAITH THE
SUPREME COURT WILL NOT OVERSTEP
THE JUDICIARY'S ROLE BY
SUBSTITUTING POLICY PREFERENCES
FOR THE LEGISLATIVE
DETERMINATIONS OF CONGRESS.
MR. PRESIDENT, I ASK MY FULL
STATEMENT BE MADE PART OF THE
WITHOUT
OBJECTION.
AND RETURNING TO
REGULAR SESSION, MR. PRESIDENT,
I ASK THAT MY STATEMENT ON THE
NOMINATIONS OF GEORGE LEVI
RUSSELL III AND JOHN THARP JR.
BE PLACED IN THE RECORD AT THE
APPROPRIATE POINT TODAY.
WITHOUT
OBJECTION.
MR. PRESIDENT YOU
SUGGEST THE ABSENCE OF A QUORUM
BUT I ASK CONSENT THAT THE TIME
REMAINING -- THE REMAINING TIME
BETWEEN NOW AND 5:30 BE EQUALLY
DIVIDED.
WITHOUT
OBJECTION, THE CLERK WILL CALL
THE ROLL.
QUORUM CALL:
I ASK PROCEEDINGS
UNDER THE QUORUM CALL BE
OBJECTION.
I WOULD ASK THAT A
STATEMENT BE ENTERED INTO THE
RECORD A STATEMENT BY MY
COLLEAGUE SENATOR MARK KIRK.
OBJECTION.
THANK YOU.
PENDING BEFORE THE NATIONAL IS
THE NOMINATION OF J. THARP TO
SERVE ON THE COURT FOR THE
NORTHERN DESCRIRKT OF ILLINOIS.
SENATOR KIRK AND I HAVE AGREED
ON AN APPROACH TO THIS.
WE BOTH APPOINTED BIPARTISAN
COMMITTEES WHO REVIEW THE
RESPECTIVE APPLICANTS AND MAKE
RECOMMENDATIONS.
WE EACH HAVE A VETO OVER THE
OTHER'S RECOMMENDATION SO IT IS
TOTALLY BIPARTISAN.
BUT IN THE CASE OF J. THRARP,
THERE WAS TO VISA TOAVMENT
SEARCHLY NOT BY ME AND IN THIS
KIRK.
HE IS AN EXTRAORDINARILY
TALENTED INDIVIDUAL.
THE REASON I HAVE ENTERED INTO
THE "CONGRESSIONAL RECORD" THE
OFFICIAL STATEMENT OF SENATOR
KIRK IS BECAUSE OBVIOUSLY HE
CAN'T BE HERE.
HE IS IN REHAB AT THIS POINT
FROM A STROKE WHICH HE SUFFERED
IN JANUARY AND THERE WAS ANNE
COURAGING VIDEO RELEASED LAST
WEEK SHOWING THE PROGRESS THAT
HE'S MAKING.
WE'RE ALL ANXIOUS FOR HIM TO
RETURN.
I PROMISED HIM IN A PHONE
CONVERSATION LAST WEEK I WOULD
MOVE THIS NOMINATION AS QUICKLY
AS POSSIBLE SO THAT HIS NOMINEE
ISIS APPROVED.
HIS STATEMENT IN THE RECORD
SPEAKS TO HIS FEELINGS ABOUT J.
THARP'S NOMINATION AND IT SPEAKS
FOR ITSELF.
I WILL ADD TO HIS COMMENTS MY
OAFNLT I AM GLAD THAT MR. THARP
IS FINALLY GETTING A VOTE IN THE
TIME.
IN FACT IT HAS TAKEN TOO LONG.
NOMINEES WHO ARE
NONCONTROVERSIAL, EMINENT I HAD
QUALIFIED, WHO GO THROUGH THE
COMMITTEE WITHOUT EVEN A HINT
FROM RESISTANCE FROM DEMOCRATS
OR REPUBLICANS SHOULDN'T HAVE TO
SIT ON THIS CALENDAR FOR WEEK
MONTH.
IT'S NOW BECOME STANDARD AROUND
HERE, JUST LIKE THESE
MIND-NUMBING FILIBUSTERS,
STANDARD AROUND HERE.
AND IT ISN'T FAIR.
IT ISN'T FAIR TO THE COUNTRY TO
LEAVE VACANCIES ON THE FEDERAL
BENCH CREATING HARDSHIPS IN
COURTS AROUND THE NATION, WHERE
PEOPLE COME TO THE COURTHOUSE
EXPECTING TIMELY CONSIDERATION
OF IMPORTANT MATTERS, FROM
LITIGATION.
IT ISN'T FAIR TO THE NOMENTS.
IT REALLY TAKES A PRETTY
STALWART INDIVIDUAL TO PUT YOUR
NAME UP TO BE A FEDERAL JUDGE
BECAUSE YOU'RE GOING TO GO
THROUGH THREE OR FOUR DIFFERENT
LEVELS OF INVESTIGATION AND SOME
PRETTY SERIOUS INVESTIGATION BY
THE FEDERAL BUREAU OF
INVESTIGATION, FOR EXAMPLE.
THAT'S PART OF THE PROCESS.
BY THE WHITE HOUSE, BY THE
SENATOR'S OFFICE, BY THE SENATE
JUDICIARY COMMITTEE.
SO IT'S NOT RAN EASY
UNDERTAKING.
THERE MIGHT HAVE BEEN A TIME --
I KNOW THERE WAS -- WHEN THESE
NOMINATIONS WOULD GO THROUGH IN
ASKED.
DOESN'T HAPPEN ANYMORE. HARD
QUESTIONS ARE ASKED.
THEN COMES THE SUSPENSE OF
STARTING THE PROCESS AND WAITING
FOR IT TO END.
THESE POOR NOMINEES SIT THERE
WITH THEIR PROFESSIONAL AND
PERSONAL LIVES ON HOLD, HAVING
SAID THAT THEY ARE PREPARED TO
STEP FORWARD AND SERVE A
LIFETIME APPOINTMENT ON THE
FEDERAL JUDICIARY AND THEN THEY
WAIT DAY AFTER WARY DAY, MONTH
AFTER MONTH SITTING ON THIS
EXECUTIVE CALENDAR SO THAT AT
SOME POINT THERE WILL BE A
BARGAINING SESSION AND SOME
WON'T.
THIS IS WHAT HAPPENED TO JAY
THARP BUT IT SHOULDN'T HAVE, NOR
JOHN LEE, BOTH EXTRAORDINARY
QUALIFIED, SHOULD HAVE GONE
THROUGH WITHOUT THIS RESISTANCE.
BUT THIS REFLECTS WHAT'S
HAPPENED IN THE SENATE.
WHAT IS INTERESTING ABOUT JAY
THARP IS THAT EVERY ASPECT OF
HIS NOMINATION HAS BEEN
BIPARTISAN.
AS I SAID, SENATOR KIRK PUT HIM
THROUGH A BIPARTISAN PROCESS FOR
SELECTION AND SENATOR KIRK
REVIEWED AND APPROVED ALL THE
NOMINEES AND THEN RECOMMENDED
IT WAS LAST NOVEMBER 10 THAT THE
WHITE HOUSE SENT THE TWO
NOMINATIONS FROM SENATOR KIRK
AND MYSELF TO THE WHITE HOUSE
BACK TO US, TO THE SENATE TO
FILL THE VACANCIES.
JOHN LEE, WHO WAS APPROVED LAST
MONTH, J. THARP WILL BE TAKEN UP
THIS EVENING.
JOHN LEE WAS MY CHOICE.
J. THARP WAS SENATOR KIRK'S
WE AGREED, AS I SAID, ON BOTH
NOMINEES.
THEY WERE BOTH NOMINATED ON THE
SAME TKAEUFPLT THEY APPEARED --
SAME DAY.
THEY APPEARED TOGETHER AT THE
JUDICIARY COMMITTEE IN JANUARY,
ALMOST SIX MONTHS AGO.
BOTH REPORTED OUT OF THE
COMMITTEE IN FEBRUARY, ABOUT
THREE OR FOUR MONTHS AGO, IN A
BIPARTISAN VOICE VOTE.
IT WAS MY HOPE WE COULD BRING
THEM TO A QUICK VOTE.
THERE WAS AN URGENT NEED TO FILL
THE VACANCIES.
WE HAVE CONTACTED BY THE CHIEF
JUDGE OF THE DISTRICT IN
CHICAGO, JIM HOLDERMAN, AND HE'S
WRITTEN AND ASKED PLEASE MOVE ON
THESE JUDGES.
I FELT AN OBLIGATION AFTER
SENATOR KIRK'S ILLNESS TO TRY TO
GET THIS JOB DONE.
I KNEW SENATOR KIRK WOULD BE
HERE IN PERSON IF IT WERE
HUMANLY POSSIBLE.
I PUT HIS STATEMENT IN THE
RECORD.
I KNOW HOW STRONGLY HE FEELS
ABOUT THE QUALITIES OF J. THARP.
UNFORTUNATELY, FOR REASONS HARD
TO UNDERSTAND, THIS HAS DRAGGED
ON FOR ALMOST SIX MONTHS.
UP UNTIL A FEW YEARS AGO THIS,
AS I SAID, WAS NOT THE WAY
THINGS WERE HANDLED, NOT WHEN IT
CAME TO BIPARTISAN NOMINEES THAT
WERE COMING OUT OF THE COMMITTEE
WITH NO CONTROVERSY.
NOW.
BUT IT'S BECOME ROUTINE, ROUTINE
THAT IS PRESUMPTION THAT
SOMETHING MUST BE WRONG WITH A
NOMINEE, AND WE'LL JUST SIT ON
HIM FOR WEEKS AND MONTHS.
THAT'S NOT GOOD.
IT'S NOT FAIR TO THE NOMINEES.
IT'S NOT FAIR TO THE PROCESS.
THE
UNDER THE LAST NOMINATIONS
AGREEMENT NEGOTIATED IN MARCH,
FOR SOME REASON, JOHN LEE MADE
THE CUT.
J. THARP DIDN'T.
I APPEALED TO SENATOR KYL, TO
SENATOR McCONNELL.
I SENT A LETTER IN WRITING AND
SPOKE TO IT ON THE FLOOR.
NOW THIS IS SENATOR MARK KIRK'S
FIRST NOMINATION FOR A FEDERAL
JUDGESHIP, AND I KNOW HOW
IMPORTANT IT IS.
I WANT TO THANK THOSE WHO WERE
RESPONSIBLE FOR BRINGING IT
FORWARD TODAY.
I'M SURE THAT HE'LL BE RELIEVED.
I KNOW J. THARP WILL BE RELIEVED
WHEN THIS IS OVER.
I'VE BEEN VERY HAPPY TO STAND UP
AND SUPPORT J. THARP AS WELL AS
JOHN LEE.
THEY ARE EXTRAORDINARY
THERE ARE OTHER WELL-QUALIFIED
NOMINEES SITTING ON THE SENATE
CIRCUMSTANCE.
AFTER TODAY'S VOTE THERE WILL BE
17 NOMINEES PENDING ON THE
CALENDAR, AND NEARLY ALL OF
THEM, ALMOST ALL OF THEM VOTED
OUT OF COMMITTEE WITHOUT ANY
DISSENTING VOTES, WITH THE
EXCEPTION OF SENATOR LEE OF
UTAH, WHO VOTES CUSTOMARILY
AGAINST ALL JUDICIAL NOMINEES,
THESE NOMINEES BUT FOR A FEW
HAD ANY CONTROVERSY.
SIX OF THESE HAVE BEEN IN AREAS
DESIGNATED AS JUDICIAL
EMERGENCIES, INCLUDING TWO
NOMINEES FOR SEATS IN THE NINTH
CIRCUIT, PAL WATFORD AND ANDREW
HURWITZ, WHO ARE EXTRAORDINARILY
WELL-QUALIFIED.
I HOPE MY REPUBLICAN COLLEAGUES
WILL GIVE US A BREAK HERE.
THESE PEOPLE DESERVE TO GET
THEIR MOMENT HERE ON THE SENATE
FLOOR, DESERVE A VOTE.
AND THE AREAS THAT THEY'RE GOING
TO SERVE DESERVE A FULL
COMPLEMENT OF COMPETENT JURISTS.
IT'S TIME TO RESTORE SANITY,
COMITY AND GOOD FAITH TO THE WAY
WE TREAT JUDICIAL NOMINATIONS ON
THE SENATE FLOOR, AND IT SHOULD
START TODAY.
LET ME DISCUSS J. THARP'S
BACKGROUND FOR THE RECORD.
NOMINATED WHEN THE JUDGESHIP
OPENED UP AFTER JUDGE BLANCHE
MANNING TOOK SENIOR STATUS.
A PARTNER IN THE OFFICE OF MAYOR
BROWN WHERE HE IS COLEADER OF
ENFORCEMENT PRACTICE.
HE WAS BORN INTO A MILITARY
FAMILY, VERY PROUD OF IT.
SON OF A LIEUTENANT COLONEL IN
THE MARINE CORPS.
J. THARP ATTENDED DUKE
UNIVERSITY ON AN ROTC
SCHOLARSHIP RECEIVED AN
UNDERGRADUATE DEGREE SUMMA ***
LAUDE.
STARTED, SERVED ON ACTIVE DUTY
WITH THE MARINES FOR SIX YEARS
ACHIEVING THE RANK OF CAPTAIN
MEDAL.
AFTER MILITARY SERVICE HE
ATTENDED NORTHWEST UNIVERSITY
LAW SCHOOL, GRADUATED MAGNA ***
REVIEW.
UPON GRADUATION HE WAS A CLERK
FOR JUDGE JOEL PHLOM OF THE
SEVENTH CIRCUIT AND WORKED AS
ASSISTANT U.S. ATTORNEY IN
CHICAGO FOR SIX YEARS.
HE JOINED MAYOR BROWN WHERE HIS
PRACTICE HAS BEEN IN COMMERCE
CRIMINAL INVESTIGATION.
HE RECEIVED NUMEROUS
RECOGNITIONS, SERVED AS ADJUNCT
PROFESSOR AT UNIVERSITY LAW
SCHOOL.
A
PICTURE-PERFECT NOMINEE FOR THE
HE HAS THE CALLIFICATIONS TO --
QUALIFICATIONS TO SERVE THE
I URGE MY COLLEAGUES TO SUPPORT
HIS NOMINATION.
I SAY TO J. THARP, THE DAY HAS
COME FINALLY.
I'M SORRY YOU GOT CAUGHT UP IN
WHAT HAS BECOME A TIRING
POLITICAL EXERCISE WHERE PEOPLE
ARE STUCK ON A CALENDAR WAITING
FOR SOMETHING TO HAPPEN WHICH
SPRINGS THEM LOOSE.
THIS EVENING WILL BE YOUR
I HOPE THE SENATE, AND I KNOW
SENATOR KIRK WILL JOIN ME IN
SAYING THAT, WILL GIVE J. THARP
THE UNANIMOUS VOTE WHICH HE
HE'S AN EXTRAORDINARILY
WELL-QUALIFIED NOMINEE AND I'M
HAPPY TO SUPPORT HIS NOMINATION.
MR. PRESIDENT, I YIELD THE
MR. PRESIDENT?
THE
SENATOR FROM IOWA.
I WILL BE URGING
THE PEOPLE IN MY CAUCUS TO VOTE
THEM.
IS EXPECTED TO
CONFIRM THESE TWO NOMINEES.
JUDGE RUSSELL, MARYLAND;
MR. THARP, NORTHERN DISTRICT,
ILLINOIS.
AS I SAID, I SUPPORT THE
NOMINEES AND I DO IN FACT EXPECT
BOTH OF THEM WILL BE CONFIRMED.
WE CONTINUE TO CONFIRM THE
PRESIDENT'S NOMINEES AT A BRISK
IN FACT, WITH TODAY'S
CONFIRMATIONS, WE WILL HAVE
CONFIRMED 145 OF PRESIDENT
OBAMA'S DISTRICT AND CIRCUIT
COURT NOMINEES.
PERSPECTIVE.
WE CONFIRMED TWO SUPREME COURT
NOMINEES DURING PRESIDENT
OBAMA'S TERM SO FAR.
EVERYONE KNOWS THAT IT TAKES A
TREMENDOUS AMOUNT OF TIME AND
RESOURCES TO CONSIDER SUPREME
COURT NOMINEES.
THE LAST TIME THE SENATE
CONFIRMED TWO SUPREME COURT
NOMINEES WAS DURING PRESIDENT
BUSH'S SECOND TERM.
AND DURING PRESIDENT BUSH'S
ENTIRE SECOND TERM, THE SENATE
CONFIRMED ONLY 120 DISTRICT AND
CIRCUIT COURT NOMINEES.
COMPARE THAT, IF YOU WILL, TO
THE 145 DISTRICT AND CIRCUIT
NOMINEES THAT WE HAVE CONFIRMED
SO FAR SINCE PRESIDENT OBAMA HAS
BECOME PRESIDENT.
LET ME SAY THAT SAME THING A
DIFFERENT WAY.
WE HAVE CONFIRMED 25 MORE
NOMINEES FOR PRESIDENT OBAMA
THAN WE DID FOR PRESIDENT BUSH
IN A SIMILAR TIME PERIOD.
AND OF COURSE PRESIDENT OBAMA'S
TERM IS NOT OVER YET.
WITH THESE FACTS IN MIND, I HOPE
MY COLLEAGUES WILL UNDERSTAND
WHY I GET A LITTLE FRUSTRATED
WHEN I HEAR ALL OF THESE
COMPLAINTS ABOUT HOW WE'RE NOT
CONFIRMING ENOUGH NOMINEES.
THE FACT OF THE MATTER IS THAT
PRESIDENT OBAMA IS BEING TREATED
MUCH MORE FAIRLY THAN SENATE
DEMOCRATS TREATED PRESIDENT
BUSH.
IT IS ESPECIALLY FRUSTRATING TO
HEAR THE OTHER SIDE COMPLAIN
ABOUT THE VACANCY RATE.
THE FACT OF THE MATTER IS THAT
THE SENATE IS DOING ITS JOB.
WE'RE CONFIRMING THE NOMINEES
THAT ARE SENT TO US, AND OF
COURSE WE CAN'T CONFIRM NOMINEES
WHITE HOUSE.
IF THERE IS A PROBLEM THEN, IT
RESTS WITH THE PRESIDENT.
RIGHT NOW THERE ARE 77 JUDICIAL
VACANCIES, BUT THE PRESIDENT HAS
MADE ONLY 29 NOMINATIONS.
THAT MEANS 48 VACANCIES OR
NEARLY 60% -- ACTUALLY 63% HAVE
NO NOMINEE.
NOW, STATING IT ANOTHER WAY,
THERE ARE CURRENTLY 44 MILLION
AMERICANS LIVING IN DISTRICTS
WITH VACANCIES WHERE THE
PRESIDENT HAS NOT SUBMITTED A
NOMINEE TO THE SENATE.
I SUSPECT THAT THE PRESIDENT
NEGLECTED TO SHARE THAT
STATISTIC WITH ALL THE GROUPS
HE SUMMONED TO THE WHITE
HOUSE ONE WEEK AGO TODAY TO
DISCUSS JUDICIAL NOMINEES
PROBABLY WITH THE POINT OF
GETTING THOSE ORGANIZATIONS TO
PUT MORE PRESSURE ON THE
CONGRESS TO APPROVE MORE
NOMINEES AND SOMEHOW APPROVE
NOMINEES THAT AREN'T EVEN UP
HERE YET FOR US TO APPROVE.
MR. PRESIDENT, I COULD GO ON,
BUT I DON'T INTEND TO.
I DON'T LIKE TO GET INTO THIS
BACK AND FORTH WITH THE OTHER
SIDE, BUT IT GETS A LITTLE
TIRESOME TO HEAR THE SAME
MISLEADING STATEMENTS OVER AND
OVER AGAIN.
AND I WANT TO SET THE RECORD
STRAIGHT, AND I HAVE DONE THAT.
I CONGRATULATE THE NOMINEES WHO
WILL BE CONFIRMED TONIGHT.
BOTH THE NOMINEES AND THEIR
FAMILIES SHOULD BE PROUD, AND I
INTEND TO PUT THE REMAINDER OF
MY STATEMENT IN THE RECORD, AND
THAT REMAINING STATEMENT
DISCUSSES THE QUALIFICATIONS OF
AND URGING MY
COLLEAGUES TO SUPPORT THESE
NOMINEES.
AND I THINK THAT THEY PROBABLY
WILL BE SUPPORTED
I YIELD THE FLOOR AND -- I YIELD
THE FLOOR.
THE
CLERK WILL CALL THE ROLL.
CALL:
THE
SENATOR FROM MARYLAND.
MR. PRESIDENT.
I ASK THAT THE CALL OF THE
QUORUM BE VACATED.
OBJECTION.
MR. PRESIDENT, I
FLOOR OF THE UNITED STATES