[Congressional Record Volume 152, Number 64 (Monday, May 22, 2006)]
[Senate]
[Pages S4917-S4918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRIBUTE TO JUDGE EDWARD R. BECKER
Mr. SPECTER. Mr. President, I have sought recognition to comment on a
funeral service that was held earlier today for Judge Edward R. Becker.
Judge Becker was one of the greatest citizens in the history of the
city of Philadelphia and one of the greatest Federal judges in the
history of the United States. When the contemporary history is written
of the past 50 years, I believe Judge Becker will rank with Benjamin
Franklin among the greatest of Philadelphia citizens, and with Judge
Learned Hand, who is among the greatest Federal judges.
I first met Judge Becker in 1950 when we rode public transportation
from northeast Philadelphia to the University of Pennsylvania, an hour
ride each way, where we attended that school. He was 17 at the time; I
was 20. He was a freshman, and I was a senior. He had an extraordinary
academic record, Phi Beta Kappa from Penn, Yale Law School, a
distinguished record in the practice of law, and he became a Federal
judge at the age of 37. He served on the U.S. District Court for the
Eastern District of Pennsylvania for 15 years, until he was elevated to
the Court of Appeals for the Third Circuit.
During 35\1/2\ years, he had an extraordinary record as a Federal
judge. On several occasions, Judge Becker's opinions were followed by
the Supreme Court of the United States on cutting edge questions. In
one case, Judge Becker wrote the opinion for the Court of Appeals for
the Third Circuit, which was in disagreement with the conclusions of
seven other courts of appeals. When the issue got to the Supreme Court
of the United States, the Supreme Court followed Judge Becker.
He was a man of great charm and great versatility. One of his
opinions was written in rhyme. He was an extraordinary pianist and was
called upon by the Supreme Court not only for his legal erudition but
for playing the piano at the so-called Supreme Court sing-a-longs. He
was the recipient of the Devitt Award, which is given to the
outstanding Federal jurist on the basis of scholarship, achievement,
and community service.
Even as chief judge of the Court of Appeals for the Third Circuit, he
rode the elevated public transportation to work every day. Among his
many attributes were intelligence--really brilliance--integrity,
independence, loyalty, and a sense of humor. But his greatest attribute
was his modesty and his humility.
He lived in the same house he came to as a child of 3 or 4 years of
age and was always a friend equally to the janitors in the Federal
courthouse as he was to Supreme Court Justices.
Regrettably, Judge Becker contracted prostate cancer and fought a
valiant fight but succumbed last Friday to the ravages of the cancer
and, today, as I say, we celebrated a great life and an outstanding
life. One of the real regrets I have is that we have not yet found a
cure for cancer, which could have saved Judge Becker's life.
In 1970, the President of the United States declared war on cancer
and had that war been pursued with the same diligence and resources
that we pursue other wars, Judge Becker would not have died from
prostate cancer. Two years ago, my chief of staff, Carey Lackman, a
beautiful young woman of 48, died of breast cancer. A year and a half
ago, a good friend, Paula Kline, wife of Tom Kline, my former law
partner, died of breast cancer. It is something that we hear about
every day.
The reality is that the United States of America, with a gross
national product of $11 trillion and a Federal budget of $2.8 trillion,
could conquer cancer and the other maladies if we approached it with
sufficient resources and a sufficient sense of urgency. We have a
budget for the subcommittee of appropriations that I chair which has to
fund the Departments of Health, Education and Labor, workman safety,
which has had cuts of $15.7 billion in the last two fiscal years,
factoring in inflation. We have a budget resolution that passed, which
would add $7 billion--insufficient but at least a start in making up
some of that deficiency which would allocate $2 billion to the National
Institutes of Health.
The Federal Government is precluded from financing embryonic stem
cell research, which ought to be reversed by this body.
Judge Becker is well known to the Senate. Shortly after he achieved
senior status, when he turned 70 in May of 2003, I asked him to
participate in our legislative efforts to have asbestos reform. In
August of 2003, for 2 days, he convened the so-called stakeholders--the
manufacturers, the trial lawyers, the AFL-CIO representing labor, and
the insurance industry in his chambers. And for the intervening almost
3 years he has presided at about 50 meetings where large groups
assembled in my conference room on Capitol Hill, working for a
resolution of the asbestos litigation crisis, where thousands of people
suffering from mesothelioma are unable to get compensation because
their companies are bankrupt. Seventy-seven companies have gone under
bankruptcy.
Judge Becker, well known to this body, is really befitting of the
title of
[[Page S4918]]
the 101st Senator. I think his passing from prostate cancer will make a
deep indentation and mark on this body and will serve as a signal for
action to attack cancer, attack prostate cancer, to find a cure for
cancer. His passing leaves a very deep mark on his family, three
children, his widow, four grandchildren, and many friends, many of whom
are in this body. His record is truly that of an extraordinary jurist
and a great American.
I yield the floor to my distinguished colleague from Alabama.
The PRESIDING OFFICER. The Senator from Alabama is recognized.
Mr. SESSIONS. Mr. President, I am honored to have been here this
evening to hear the remarks of Senator Specter about his friend Judge
Becker. I came to know him and respect him greatly myself. I remember
it was Judge Becker this and Judge Becker that as we wrestled with the
asbestos litigation. Senator Specter, I knew, had such extraordinary
respect for him. I guess it probably would be fair to say that in the
last year, if there had to be a 101st Senator, he might have been the
one we would name because he met time and time again with Senators and
groups and interests and people to try to work out an asbestos bill
that would be effective.
I came around to the thinking that he was exactly correct and agreed
that he and Senator Specter had the right approach to that historic
piece of legislation.
I am very sad we never could move it forward, but Judge Becker
provided a great and extraordinary contribution to the legislation. In
getting to know him, talking to him about other judges, he talked about
Bill Pryor, a judge from Alabama who was recently confirmed. He knew
and studied his record. I came to feel that he was a fine and decent
person who loved his country and just didn't want to retire and sit
around. He was right in the middle of things to his last days on this
Earth.
I thank Senator Specter for allowing us the opportunity to get to
know him. I hope he will convey to Judge Becker's family our admiration
and respect for him.
Mr. SPECTER. Mr. President, if the Senator will yield, I thank him
for those very generous comments. I kept Judge Becker fully informed as
to our work on the asbestos legislation. The leader has stated his
interest in bringing the legislation back to the floor. I continue to
lobby our colleagues one by one. I gave Judge Becker a report a few
days before his passing, and he said: Let's pass one for the Gipper.
Mr. SESSIONS. I am not surprised. I am not surprised at all that he
would be focused on policies that are important for America, even
during his suffering.
I thank Senator Specter for letting us get to know him.
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