[Congressional Record Volume 151, Number 106 (Friday, July 29, 2005)]
[Senate]
[Pages S9586-S9588]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                LOOKING AHEAD: ISSUES BEFORE THE SENATE

  Mr. FRIST. Mr. President, in the last few minutes here, I do want to 
look back very briefly and look ahead and foreshadow some of the issues 
we will be looking at. Before we leave for this August recess, I would 
like to look at and review very quickly some of the big, important 
issues we will be tackling this fall.
  First and foremost, we will focus on one of the most significant and 
historic constitutional responsibilities, and that is, as we all know, 
to provide advice and consent on the President's Supreme Court 
nomination. Our goal, as spelled out a little bit earlier is to have a 
fair debate and a dignified debate on Judge Roberts, and to confirm him 
before the Supreme Court begins its new term on October 3. We can do 
that. We will do that.
  I have worked very closely with the Democratic leader and with the 
President and with Senators Specter and

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Leahy to lay out a hearing and floor schedule to move the process 
forward in September. To summarize, because we were on the floor a 
couple of hours ago talking about that in a colloquy, Judge Roberts' 
hearing will begin in the Judiciary Committee on September 6 and 
Chairman Specter intends to hold a committee vote on Judge Roberts 
Thursday, September 15. We will begin the Senate floor debate no later 
than the week of Monday, September 26. I look forward to an up-or-down 
confirmation vote no later than Thursday, September 29.
  As we approach this process, let me say a couple of words about Judge 
Roberts. He is the best of the best legal minds in America. Everybody 
who has met him has reflected that. His credentials, so impressive, 
have reflected that. He is a graduate of Harvard University and Harvard 
Law School, a lawyer who has served two Presidents and argued 39 cases 
before the Supreme Court. He is a Federal judge who was unanimously 
confirmed by the Senate to serve on the DC Circuit Court. He has earned 
bipartisan respect as one of the finest appellate advocates in the 
Nation.
  I have had the opportunity to get to know Judge Roberts personally 
over the last several weeks and I, like everyone else, have been so 
impressed with his intellect and his modest demeanor and his 
willingness to communicate freely and openly. He will be the kind of 
Justice who will make America proud, embodying the very best of the 
American spirit, embodying the best of the qualities America expects in 
a Justice on its highest court: Someone who is smart, fair, impartial, 
and committed to faithfully interpreting the Constitution and the law.
  As we move this process forward to confirm Judge Roberts, I hope and 
I do believe that the Senate has and will put aside any sort of 
partisan delay or obstruction or personal attacks of judicial nominees.
  I am concerned with two tactics that have emerged that should concern 
us all--tactics that at first may appear perfectly reasonable but are 
really designed to thwart the confirmation process. One tactic is 
asking Judge Roberts to prejudge cases and predetermine outcomes that 
threaten his judicial independence.
  Some have asked the question: ``whose side is Judge Roberts on?'' in 
a particular case. And there is only one appropriate answer to that 
question: Judge Roberts is on the side of the Constitution. When he 
puts on the judicial robe and takes a seat on the bench with his fellow 
Justices, he will not be serving as an advocate for a client or a 
particular point of view. He will serve as a fair and impartial judge 
who is sworn to uphold the Constitution.
  The other tactic that concerns me is the fishing expedition for 
confidential, privileged documents. The Judiciary Committee and the 
Senate will have an extensive and comprehensive record of Judge Roberts 
to review. Already, the White House has released 15,000 pages of 
documents from Judge Roberts's service in the Federal Government and is 
expediting the release of tens of thousands more. The committee also 
can review the more than 300 cases decided by Judge Roberts, the legal 
briefs and oral argument transcripts from his 39 cases before the 
Supreme Court, and the 14 hours of hearing transcripts from his 
previous nomination before the Senate. There will be ample evidence for 
Senators to consider when they vote yes or no on Judge Roberts, without 
requiring review of confidential, privileged documents he wrote as a 
lawyer for his clients.
  As we move forward, I urge my colleagues to reject these tactics and 
to work together in a bipartisan way. We must ensure that Judge Roberts 
receives a fair hearing, and a fair up or down confirmation vote before 
the Supreme Court begins its new term on October 3.
  In addition to fulfilling this grave responsibility, we also will be 
carrying out our duty to protect America's national and economic 
security. The London bombings remind us that the terrorists continue to 
plot and plan their evil acts. We must stay vigilant and tireless in 
our pursuit--breaking up their cells, chasing down the money trail, and 
bringing each and every collaborator to justice.
  Defending the homeland also requires defending our borders. The 
Homeland Security bill we passed 2 weeks ago adds 2,000 more border 
patrol agents, investigators and detention officers--don't think we 
have ``deportation officers, per se--to our border team. It expands 
much needed detention space so that we can be sure that people caught 
entering the country illegally are not released before their cases are 
processed. The Homeland Security bill also provides $340 million for 
U.S. Visitor and Immigration Status Indicator Technology--US VISIT. 
This new technology will enhance our ability to verify the identity of 
visitors with visas.
  We are working hard to secure our borders. Part of that effort also 
involves reforming our immigration system. America is a natIon of 
immigrants. It is what has made us strong, vibrant and a beacon of hope 
to the world. People come to America looking for a better life. And we 
live better lives because of them. But we must ensure that immigrants 
who come to America come here legally. Over 7,000 miles of land stretch 
across our borders. Our ports handle 16 million cargo containers. And 
330 million non-citizens--students, visitors and workers--cross our 
borders every year.
  Among these visitors is an unprecedented flow of illegal immigrants. 
And many of them die in the trying. Last year alone, several hundred 
people died in the deserts and mountains that separate the United 
States from Mexico. Most died of exposure to the elements. Some died in 
accidents. An alarming number were murdered. Along Arizona's southern 
border--the only area for which we have good data--over 20 people died 
as a result of hanging, blunt-force trauma, gun shot wounds and other 
apparently deliberate acts during 2004. More corpses may be buried in 
shallow, unmarked graves. We don't keep records. We simply don't know. 
That is why I am asking the Government Accountability Office to produce 
a report on the deaths along our border to guide our future action.
  These tragedies challenge our standards of compassion. But the sheer 
vastness of the illegal flow also compromises our security.
  Among those seeking a better life are those seeking to harm our 
country. Some bring drugs. Some traffic in human beings. A few may even 
have links to terrorist groups. The safety and security of every 
citizen and every visitor who wishes to share in the American dream 
requires that we reform our laws to strengthen and improve our 
immigration system.
  We also will turn to finishing our work on the Department of Defense 
authorization bill. Our troops in the field are depending on it. The 
security of our country depends on it. I thank our distinguished 
chairman, Chairman John Warner, who has been a tremendous leader on 
this bill and continues to represent the very best, I believe, in what 
a Senator should be as he takes that Department of Defense 
authorization bill through the activities that we must on the floor of 
the Senate.
  This fall, as we work hard to address the national security concerns, 
we also will focus on another type of security--economic security, 
starting with the deficit. For the first time in a decade, we have the 
opportunity to seriously address the national deficit. President Bush 
has proposed a plan to cut that deficit in half in 5 years. By working 
together and rolling up our sleeves, we can hammer out a strategy to 
get this done.
  We have to start that, I believe, by reducing the rate of Government 
growth, and the spending reconciliation bill will deliver real savings 
and strengthen our fiscal position. It has been about 9 years since we 
have had a spending aspect of that reconciliation bill.
  A second way we can improve our economic security for working 
families is by permanently repealing the death tax. We all know the 
death tax is disruptive. It is unfair. It hurts small businesses. It 
destroys small businesses and hurts families and the hard-working 
people they hire. A typical family spends between $30,000 and $150,000 
just trying to avoid this unfair tax. That alone is enough to start a 
small business or create dozens of jobs. Instead, it is simply wasted 
in trying to avoid a tax that is unfair.
  Last week I, with another Senator, met a small group of business 
owners. The death tax was their very top concern. They talked about how 
their

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small family businesses were hurt--family farms and newspapers, shops 
and factories. So the death tax needs to go. It needs to be put to rest 
permanently. We will be addressing that soon after we return. Another 
issue of fairness that demands our attention is asbestos litigation. We 
have been grappling with this issue for years. Now it is apparent to 
everyone that asbestos litigation is out of control. More than 700,000 
individuals have filed claims; over 8,400 defendant companies have been 
named in lawsuits; 300,000 claims are pending right now. More than $70 
billion has been spent trying to resolve the claims, driving 77 
companies bankrupt.

  This pace of bankruptcies is accelerating. About a third have taken 
place in the past 4 years. These are big companies such as Johns 
Manville, Owens Corning, U.S. Gypsum, and W.R. Grace. Over 90 percent 
of the industries in America are affected.
  Even with the billions spent, and the companies bankrupted, very few 
victims have received adequate compensation. If the victims receive 
anything at all, it is only after suffering long delays while waiting 
for unpredictable and inequitable awards.
  The current system has only one real winner--the trial lawyers. 
Plaintiff trial lawyers get more than half of every settlement dollar. 
And they are on the hunt for new companies to sue, even companies with 
little or no connection to the asbestos problem.
  Last month, the asbestos fairness bill passed out of committee on a 
bipartisan vote. It is my intention to bring that bill to the floor and 
pass it this fall and deliver a system based on fairness and 
compassion. These are just a few of the issues we will be tackling when 
we return after the Labor Day recess. We will also work to get our own 
house in order and finish the spending bills. And we will vote on the 
issue of Native Hawaiians, as well.
  We have had an enormously productive 7 months. And I am proud of the 
progress we have made on behalf of our fellow citizens. When we began 
the 109th Congress, America faced a number of structural problems 
threatening our safety, prosperity and freedom. We needed to take bold 
action, so we laid out an ambitious plan. We began by passing the fifth 
fastest budget in Senate history. From there, we pulled together to 
pass a comprehensive class action reform bill with nearly three 
quarters of the Senate voting in favor. With this success at our backs, 
we turned to bankruptcy abuse. And we succeeded in passing the most 
sweeping overhaul of bankruptcy law in 25 years. Like class action, the 
bankruptcy bill passed with broad, bipartisan support. And like class 
action, we voted to restore fairness, integrity and personal 
responsibility to the legal system.
  We then moved to the highway bill. For years, America's roads, ports 
and infrastructure have been falling into disrepair. Our highways and 
city streets have become choked with 24-hour traffic. For millions of 
workers, commuting has become a daily nightmare. Finally, after 3 years 
of hard work and negotiation, over a dozen hearings, and countless 
hours of testimony, we passed the highway bill by an overwhelming 
bipartisan vote. Communities will finally receive the funding they need 
to improve their roads and ports. And America's drivers will face less 
time sitting in traffic, wasting time and burning up gas. Which brings 
me to energy.

  Yesterday, in an historic vote, the Senate passed America's most 
comprehensive energy plan in 40 years. After years of careful and 
patient negotiation, we finally delivered an energy plan that promises 
to make America safer and more secure, and our energy supply cleaner 
and more reliable.
  In seven short months, we tackled big issues and got big results. 
Together we moved America forward. We broke the impasse that was 
crippling the judicial nomination process. We passed the Central 
American Free Trade Agreement which promises to strengthen our own 
security and prosperity in the Western hemisphere. CAFTA will create 
our second largest export market in Latin America, behind only Mexico. 
From Washington State apples to Florida oranges, America's producers 
will thrive. And Central America's democracies will benefit.
  We renewed our commitment to our troops and the war on terror. And 
tonight, by unanimous consent, we passed the Patriot Act and will send 
it to conference with the House. The Patriot Act is an essential tool 
in this new war on terror. It allows us to track and stop terrorists 
before they are able to kill innocent people. Through it, our law 
enforcement and intelligence communities are working more closely 
together toward the common goal of keeping America safe. We face a 
different kind of enemy--one that hides in far away lands, and among us 
right here at home. The Patriot Act will help defeat terrorist cells 
operating right here in America.
  We are working hard to defeat terrorism on all fronts. On the 
battlefields of Iraq and Afghanistan. In our own backyard. And at its 
the roots: the evil and murderous ideology that seeks the destruction 
of our way of life. And we are winning. Our steady commitment to the 
spread of democracy is beginning to bear fruit. Elections are taking 
hold in the Middle East--in Iraq, Afghanistan, the Palestinian 
Territories, Egypt, Saudi Arabia, and Kuwait.
  A new Pew Research poll shows that growing confidence in the Muslim 
world that America truly supports democracy for their people. And even 
more encouraging, a growing number believe that democracy can work.
  America's policies both here at home and abroad are making America 
stronger and more secure. With continued hard work and determination, 
we can keep the ball moving forward.
  We have a lot to do when we get back. I am confident that with the 
President and the House as partners, we will continue to deliver 
meaningful solutions to the American people. I am confident that we 
will continue to secure a freer, safer and healthier future for 
generations of Americans to come. I wish my colleagues a happy, restful 
and productive August recess.

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