[Congressional Record Volume 141, Number 75 (Monday, May 8, 1995)]
[Senate]
[Pages S6229-S6230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     NOMINATION OF DR. HENRY FOSTER

  Mr. SPECTER. Mr. President, I have sought recognition to announce my 
intention to vote to confirm Dr. Henry Foster to be Surgeon General of 
the United States. I hope that I will have the opportunity to cast that 
vote, that the nomination will come to the floor of the U.S. Senate, 
and that preliminary proceedings will be cleared so that there will a 
vote up or down on whether Dr. Henry Foster should become the next 
Surgeon General of the United States.
  When Dr. Foster's name was forwarded to the Senate by the President 
in early February, I was a little dismayed to hear the cry arise that 
he should be disqualified because he had performed abortions. I was 
surprised to hear that cry arise because abortions are a legal medical 
procedure under the Constitution of the United States. This is not a 
matter of Roe v. Wade, the decision handed down in 1973. This is 
reaffirmed by the Supreme Court of the United States in Casey v. 
Planned Parenthood in 1992, an opinion written by [[Page S6230]] three 
Justices--Justice Souter, Justice O'Connor, and Justice Anthony 
Kennedy, all nominated by Republican Presidents.
  So it seemed to me curious, to say the least, that there should be a 
call for his defeat because he had performed abortions, a medical 
procedure authorized by the Constitution of the United States.
  Then issues were cited about character, about what representations 
Dr. Foster had made as to how many abortions he had performed. It then 
came to light that there had been an indication from the White House 
about some misinformation. Then other issues arose in a variety of 
contexts.
  I believe that the hearings last week have laid all of those issues 
to rest. Dr. Foster was a compelling witness, a forceful witness on his 
own behalf and he answered all of the outstanding questions, so that 
there is no doubt about his good character or about his excellent 
service as a physician, or about his care for the poor and downtrodden, 
and about his excellent work as a doctor over many years.
  I had occasion to meet personally with Dr. Foster and discuss at some 
length his own background and the issues which had been raised about 
him. It seemed to me at that time at that meeting, which was in early 
February, that his nomination certainly ought to go forward. I did not 
state at that time support for his nomination because it seemed 
appropriate to me that we await the hearings by the committee to see 
what would occur at that time. After reviewing the hearings and what 
occurred at the hearings, today I am confident that Dr. Foster ought to 
be confirmed as Surgeon General of the United States and, therefore, 
announce my intention to vote for him.
  I was encouraged to see the media reports that our distinguished 
majority leader will meet with Dr. Foster, and I am hopeful that that 
meeting will produce a result that Dr. Foster's nomination will come to 
the floor.
  I note the comments of the distinguished chairman of the committee, 
Senator Kassebaum, that Dr. Foster's nomination ought to come to the 
floor and ought to be voted upon, although I do not believe at this 
stage that Senator Kassebaum has stated whether her intention is to 
vote ``aye'' or ``nay'' on the nomination itself.
  I am hopeful that there will not be a filibuster, as has been 
mentioned, on Dr. Foster. Any Senator has the right to handle that in 
any way that any Senator pleases, and any Senator has a right, as I now 
express my right to say that I hope that we will not be confronted by a 
filibuster.
  But if we are, Mr. President, it is my sense of the Senate--and this 
is only one Senator speaking--that a filibuster will be defeated and 
that even Senators who think that Dr. Foster ought not to be confirmed 
as Surgeon General of the United States will not support a filibuster; 
that as a matter of fairness to Dr. Foster, he ought to get his day in 
court, his day in the Senate for a ``yes'' or ``no'' vote; and that he 
ought not to have been railroaded out of town, as some have suggested, 
even without a hearing before the committee; and that he ought not to 
be railroaded out of town without the matter coming to the floor of the 
U.S. Senate; and that he ought not to be railroaded, or have his fate 
decided, without having the Senators vote ``yes'' or ``no'' on his 
confirmation.
  So I am pleased to be in a position today, Mr. President, to say what 
I sensed when I met with Dr. Foster in early February, that he is truly 
a man who merits being confirmed as Surgeon General of the United 
States.
  I think that it is time that we put to rest the issue of what is the 
law of the land of the United States of America with respect to a 
woman's right to choose. I personally am very much opposed to abortion, 
but I do not believe that it is a matter that can be controlled by the 
Government. I believe it is a matter for the woman's choice, it is a 
matter for the family, it is a matter for priests, rabbis, and 
ministers, and it is not to be determined by the Government of the 
United States. When we have decisions of the Supreme Court separated 
from 1992 back to 1973 and the law of the land stated in Casey v. 
Planned Parenthood, a decision written by three Justices for a majority 
of the Court, Justices appointed by Presidents Reagan and Bush, that 
that is the law of the land, we ought not to reject a nominee because 
he is performing medical procedures which are authorized by the 
Constitution.
  I think it is time that the Senate of the United States faced up to 
that proposition squarely. I hope it will be done by having the 
nomination reported to the Senate floor and by having an up-or-down 
vote. I intend to vote ``aye,'' and it is my prediction that Dr. Foster 
will be confirmed.
  I thank the Chair and yield the floor.
  Mrs. FEINSTEIN addressed the Chair.
  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senator from California is recognized to speak up to 15 minutes.

                          ____________________