[Congressional Record Volume 152, Number 6 (Thursday, January 26, 2006)]
[Senate]
[Pages S232-S233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            ALITO NOMINATION

  Mr. FRIST. Mr. President, earlier today I filed a cloture motion on 
Judge Alito's nomination in order to bring to close in the not too 
distant future this outstanding nominee's confirmation process.
  The cloture vote is scheduled, as my colleagues know, for 4:30 in the 
afternoon on Monday. If cloture is invoked--which I believe it will 
be--we will have a final up-or-down vote on confirmation on Tuesday at 
11 o'clock in the morning.
  While I believe the Senate has a responsibility to have a thorough 
debate, a robust debate on every judicial nomination, I am disappointed 
and it is time to end the delay tactics which we have seen play out 
over the last several weeks, delay tactics my colleagues on the other 
side of the aisle are using to obstruct this nominee. Thus, that is why 
I filed cloture to say enough is enough.
  It has been 87 days since the President announced Judge Alito's 
nomination. I should say, by the way, that it took an average of 63 
days from announcement to confirmation of both of President Clinton's 
nominees.
  When Judge Alito was nominated on October 31, or shortly after that--
maybe even that day--Chairman Specter and I worked in good faith with 
Senator Reid and Senator Leahy for a timeline on confirmation 
projecting out where we would be. We agreed to give Judge Alito a fair 
up-or-down vote after plenty of time for hearings and preparations for 
the hearings on January 20. We agreed to consider the nomination--it 
wasn't our preference--after the holidays. We also agreed--again it 
wasn't our preference--to the Democratic schedules not to begin 
hearings the week we preferred, January 2.
  All of these accommodations were made with the expectation that 
Democrats on the Judiciary Committee, once they had plenty of time for 
their hearings themselves, would not delay

[[Page S233]]

the vote coming out of the committee, which would set back the schedule 
yet a week later, which indeed is what happened. Judge Alito was 
responsive. He was forthcoming. He answered more than 650 questions. 
Again, when people hear these numbers, what is the perspective? That is 
more than double the number of questions that Justice Ginsburg or 
Justice Breyer answered during their entire confirmation hearings.

  But still, the Democrats delayed Judge Alito's vote coming out of 
committee. Yes, it is within the rules. All of this is within the 
rules. But we have seen this steady delay, postponement, obstruction. 
Luckily, the process continues forward. That is where we are today.
  We are now scheduled to have a vote on January 31. That is the 
agreement the Democrat leader and I agreed to in representing our 
caucuses earlier today. That means we will have had a total of 5 days 
of floor activity. It is 8 o'clock tonight. We have had speech and 
debate over the course of the day, and we will have debate tomorrow. As 
everyone is well aware, we are given plenty of time in the Senate. We 
could stay here later tonight, tomorrow, tomorrow night. I said we will 
plow through Saturday until we get this done. It will end up being 5 
days in terms of floor action.
  Just to put that in perspective, for all of the sitting members on 
the Supreme Court today, only one other had 5 days of floor debate on a 
nominee. Again, we are pushing the limits once again. That is why we 
came forward to file cloture, to bring closure to this process.
  Throughout the entire process I have been very consistent: These 
judicial nominees deserve, in terms of just dignity, but also it is our 
responsibility, they deserve a fair up-or-down vote. I should add, 
also, a recent poll shows that a majority of Americans believe Judge 
Alito should be confirmed. So, tonight, I can say not with absolute 
certainty but with as much certainty you can get around this place that 
on Tuesday Judge Alito will get that fair up-or-down vote.
  I mentioned the recent poll. That is the general sense people get as 
we go back to our communities talking about the hearing process and the 
confirmation process. They broadly support this highly qualified 
individual. The list goes on and on in terms of his qualifications, his 
15 years on the Federal courts, his highest rating with the ABA, the 
testimony from some of his colleagues in the hearing, now 2 weeks ago, 
all of which underline his modest judicial temperament, his integrity, 
his character. The polls show that the American people have spoken in a 
fairly dramatic way to us as we go back to our States.
  I agree with the American people. Next Tuesday, a bipartisan majority 
will vote to confirm Judge Alito as Justice Alito.

                          ____________________