[Congressional Record Volume 151, Number 48 (Wednesday, April 20, 2005)]
[Senate]
[Page S3962]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          JUDICIAL NOMINATIONS

  Mr. DURBIN. Mr. President, the saga of the judiciary continues on 
Capitol Hill. The Constitution of the United States, which we all keep 
close at hand, makes it clear that there are three independent branches 
of Government. Each has an important role in the governance of this 
democracy. And certainly the independence of the judiciary is something 
we have valued from the beginning of this Nation, for all the time that 
we have enjoyed this great country. But it is under attack today from 
the right wing of the Republican Party in a way that we have not seen 
in quite some time.
  It was reported in this morning's paper that House Majority Leader 
Tom DeLay, Republican of Texas, was interviewed by Tony Snow on Fox 
NEWS radio. Mr. DeLay said of the judges whom he has been critical of 
in the past, when asked if he would include any Supreme Court Justices 
among those he considered activist and isolated, he said Anthony M. 
Kennedy, who was named to the Court by President Ronald Reagan.
  Mr. DeLay said:

       Absolutely. We've got Justice Kennedy writing decisions 
     based upon international law, not the Constitution of the 
     United States. That's just outrageous.

  Mr. DeLay went on to say:

       And not only that, but he--

  Justice Kennedy--

     said in session that he does his own research on the 
     Internet. That is just incredibly outrageous.

  That is a direct quote from Tom DeLay--that a Justice of the Supreme 
Court who does research on the Internet is one who is a judicial 
activist.
  Has the Internet become the devil's workshop? Is it some infernal 
machine now that needs to be avoided by all right-thinking Americans? 
What is Mr. DeLay trying to say as he is stretching to lash out at 
judges who happen to disagree with his political point of view?
  This coming Sunday, this saga will continue at a church in Kentucky 
with the so-called ``Judge or Justice Sunday'' sponsored by the Family 
Research Council. They are arguing that any time we question a nominee 
from the Bush White House we are attacking people of faith.
  I can tell you, of the 205 judicial nominees we have approved of this 
President--and only 10 have not been approved--many of them were 
undoubtedly people of faith. I have to say ``undoubtedly'' because I 
can't say for certain. Do you know why? Because this Constitution 
prohibits anyone from asking a person seeking a job with the Federal 
Government or a position in the Federal Government what their religious 
faith happens to be. We cannot under the terms of article VI of the 
Constitution establish any religious test for office.
  So now those who support the rejected nominees are saying they were 
rejected because of their faith.
  You see what they are trying to do. They are trying to draw us into a 
position where we are going to use religion as some sort of weapon in 
this debate. That is a mistake.
  The Constitution, which has carefully separated church and state 
throughout our history, says to every American that they have a right 
of conscience to decide what they want to believe. When we start 
imposing religious tests, as some in the right would have us do, it is 
a serious mistake.
  As Mr. DeLay lashes out at Supreme Court Justices and others for 
their outrageous conduct in ``doing research on the Internet,'' and we 
see these rallies that are attacking those who are upholding Senate 
rules and traditions of over 200 years based on some flawed 
interpretation of our Constitution, we understand it is time for 
Americans who really want to see moderate and balanced and fair judges 
to speak out.

  We have to have the process where the rules are respected, where we 
have checks and balances in our Government, and where people seeking 
lifetime appointments must demonstrate not only honesty and competency 
but the fact that they are in tune with the values and the needs of the 
American people. Unfortunately, in the case of 10 judges, many of us 
believe the nominees sent by the White House do not meet that test.
  Mr. President, 95 percent of President Bush's nominees have been 
approved. That is not enough for some, but I think it reflects the fact 
that the Senate has a constitutional responsibility to look closely at 
each nominee and decide whether they are worthy of this lifetime 
appointment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Idaho.

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