[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19232-S19233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                E. BARRETT PRETTYMAN FEDERAL COURTHOUSE

  Mr. WARNER. Mr. President, I am introducing a bill today to name the 
Federal courthouse--U.S. District Courts and Circuit Court of Appeals 
for the District of Columbia Circuit--in the Nation's Capital in honor 
of the late Chief Judge E. Barrett Prettyman.
  Following my graduation from the University of Virginia Law School in 


[[Page S19233]]
1953, I was privileged to serve as his law clerk. He was then a member 
of the circuit court, and later became Chief Judge of the Circuit Court 
of Appeals for the District of Columbia.
  As one of the Nation's most distinguished jurists, I believe that 
this building complex should be named for Judge Prettyman in honor of 
his more than 35 years of service in judicial affairs.
  Further, Mr. President, I wish to add that the Environment and Public 
Works Committee, on which I serve, has recently approved the 
authorization for design of a D.C. courthouse ``annex'' to be appended 
to the existing structure. The urgent need for an ``annex'' was brought 
to my attention by the Honorable Oliver Gasch, U.S. District Judge, 
speaking on behalf of the jurists, local bar, and others in this 
judicial district. This ``annex'' is critically needed because of the 
ever-increasing number of cases here in the Nation's Capital and the 
ever-growing importance of the Circuit Court of Appeals.
  The existing buildings, together with the ``annex,'' will be named 
for the distinguished former Chief Judge, E. Barrett Prettyman.
  He was born in Lexington, VA, home of my alma mater, Washington & Lee 
University, and he was a resident of six Virginia cities over the 
course of his lifetime making him both a Virginian and a Washingtonian. 
He also had connections with the State of Maryland. So he is truly a 
greater metropolitan area citizen.
  After graduating from Randolph-Macon College in Ashland, Virginia, he 
earned a law degree from Georgetown University.
  Mr. President, the recognition of the many accomplishments and 
contributions of Judge Prettyman to his chosen profession--that is, the 
law and to his community--are known by many here in the Nation's 
capital, and all across America.
  He served as the Chief Judge of the United States Circuit Court, from 
1953 to 1960, and is perhaps best known as the first Chief Judge of the 
court to take his case for judicial reform to Congress and to the 
American people.
  As the son of the Chaplain of the United States Senate during the 
Wilson administration, Judge Prettyman had a knowledge of the Congress 
of the United States. Testifying before Congress on numerous occasions, 
Judge Prettyman asked the Judiciary Committee to provide funds to 
authorize two additional judges to relieve the backlog of cases before 
the Juvenile Court which was then served by only one judge. By allowing 
for two additional judges to serve the court, Judge Prettyman 
believed justice would be better served. And, as we know, justice 
delayed is justice denied.

  Called the swing man by observers of the nine-member circuit court of 
appeals, Judge Prettyman made his mark as much for his decisions as his 
leadership.
  In the centrist role he wielded exceptional influence over the 
opinions of this court. In what perhaps was his best-known opinion, 
Judge Prettyman wrote that the State Department has a right to bar 
entry for U.S. citizens into certain areas, such as Red China. The 1959 
ruling by the court in which William Worthy, Jr., a journalist 
attempted to obtain a passport to visit Red China, he wrote that 
``While travel was a right''--Judge Prettyman wrote--``it can be 
restrained like any other right in foreign affairs, especially in the 
international posture of today's world of jets, radio, and atomic 
power. A blustering inquisitor vowing his own freedom to go and do as 
he pleases can throw the whole international neighborhood into 
turmoil.''
  This decision was ultimately upheld by the Supreme Court of the 
United States.
  His 26 years on the Federal bench demonstrated him to be fair, firm, 
and thorough. And I might add, Mr. President, he had a great sense of 
humor.
  Always seeking insight from his colleagues, he was well suited to 
serve as the chairman of the judicial conference composed of all of the 
Federal judges in the area. In 1960, he noted to as the chairman of 
this conference that ``more than to any other person or group, the 
people have a right to look for suggestion as to what needs improvement 
and how.''
  While seeking advice and counsel from his colleagues on new and 
better ways to serve the judiciary, Judge Prettyman was also highly 
visible in areas which he felt needed improvement.
  He was a strong advocate for providing free legal aid to the 
indigent, as well as the desirability in appointing an African-American 
to serve as a juvenile court judge.
  I might also add, Mr. President, that I worked with Judge Prettyman 
to set up a special institute at Georgetown University, which institute 
was to serve those lawyers who desired to be better trained and better 
qualified in the representation of indigent defendants. That was a 
landmark accomplishment by this distinguished jurist.
  Judge Prettyman served as an appointee under both the Kennedy and 
Johnson administrations. Under President Kennedy, Judge Prettyman 
served as chairman of the panel appointed to inquire into the U-2 
incident and aided President Johnson as chairman of a committee 
studying the feasibility of phasing out veterans administration 
hospitals.
  He was indeed an exceptionally able and scholarly judge.
  I can think of no better qualified or more lasting tribute to such a 
fine, honorable public servant than to name the U.S. courthouse in the 
Nation's Capital the ``E. Barrett Prettyman Federal Courthouse.''
  Mr. President, I also wish to thank his son, a lifetime friend and 
former law partner of mine, E. Barrett Prettyman, Jr., now a senior 
partner of Hogan & Hartson. He is an extraordinary man in his own right 
with great accomplishments, having served three Supreme Court Justices 
in the course of his career as a law clerk, and known throughout the 
United States as one of the foremost advocates before the Supreme Court 
of the United States. I thank him, and members of Judge Prettyman's 
family for their acquiescence and assistance with this proposed 
legislative naming.
  Mr. President, I thank the Chair. This is a particularly moving 
moment for me to pay tribute to this great American. And I am hopeful 
that eventually the Congress will accept this. The pending legislation 
for the augmentation of the Federal district court is before the House 
of Representatives, and I anticipate its approval in the very near 
future. And I also wish to acknowledge the support of Congresswoman 
Eleanor Holmes Norton with whom I discussed this matter before 
preparing this speech.
  I thank the Chair.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DOLE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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