[Congressional Record Volume 155, Number 95 (Tuesday, June 23, 2009)]
[Senate]
[Pages S6919-S6921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOTOMAYOR NOMINATION
Mr. LEAHY. Mr. President, I thank Senator Menendez and Senator
Schumer for their outstanding statements to the Senate today. As I
review Judge Sotomayor's record in preparation for her confirmation
hearing on July 13, I am struck by her extraordinary career and how she
has excelled at everything she has done. I know how proud her mother
Celina is of her accomplishments. I was delighted to hear Laura Bush,
the former First Lady, say recently that she, too, is ``proud'' that
President Obama nominated a woman to serve on our Supreme Court. I
recall that Justice Ginsburg said she was ``cheered'' by the
announcement and that she is glad that she will no longer be ``the lone
woman on the Court.'' I contrast this reaction to President Bush's
naming of Justice O'Connor's successor a few years ago when Justice
O'Connor conceded her disappointment ``to see the percentage of women
on [the Supreme Court] drop by 50 percent.'' Are these women biased, or
prejudiced, or being discriminatory? Of course not. I hope that all
Americans are encouraged by the nomination of Judge Sotomayor and join
together to celebrate what it says about America being a land of
opportunity for all.
A member of just the third class at Princeton in which women were
included, Judge Sotomayor worked hard and graduated summa cum laude,
Phi Beta Kappa, and shared the M. Taylor Senior Pyne Prize for
scholastic excellence and service to the university. Think about that.
She was a young woman who worked hard, including during the summers, to
make up for lessons she had not received growing up in a South Bronx
tenement. That is why she read children's books and classics, and
arranged for tutoring to improve her writing. She went on to excel at
Yale Law School, where she was an active member of the law school
community, served as an editor of the prestigious Yale Law Journal, and
as the managing editor of the Yale Studies in World Public Order
working on two journals during her 3 years of law school. She was also
a semifinalist in the Barrister's Union mock trial competition at the
law school. Now, some Republican Senators have made fun of her
achievements and some seek to belittle them. They question how she
could be an editor without providing a major article that she edited. I
know from my experience that members of student journals do not all
edit major articles. It is an achievement to be affiliated with the
Yale Law Journal in any capacity. They act as if she made this up. If
this really is a major concern, and they wish to ask her about it at
her confirmation hearing, they can. I have never known Sonia Sotomayor
to be one who padded her resume. Frankly, she does not need to. Her
achievements are extraordinary and impressive.
She is the first nominee to the Supreme Court in 100 years to have
been nominated to three Federal judicial positions by three different
Presidents. Indeed, it was President George H.W. Bush, a Republican,
who nominated and then appointed her with the consent of the Senate to
be a Federal district court judge. She has the most Federal court
experience after 17 years of any nominee to the Supreme Court in 100
years. She is the first nominee in more than 50 years to have served as
a Federal trial judge and a Federal appellate judge at the time of her
nomination to the Supreme Court. She will be the only member of the
Supreme Court to have served as a trial judge. She will be one of only
two members of the Supreme Court to have served as a prosecutor.
I remember well when she was nominated to the United States Court of
Appeals for the Second Circuit by President Clinton, and when an
anonymous Republican hold stalled her appointment for months. Finally,
in June 1998, a column in The Wall Street Journal confirmed that the
Republican obstruction was because they feared that President Clinton
would nominate her to fill a Supreme Court vacancy, if one were to
arise. After that Supreme Court term ended without a vacancy, we were
finally able to vote on her nomination and she was confirmed
overwhelmingly. Not one word was spoken on the Senate floor and not one
word was inserted into the Congressional Record by those who had
opposed her to explain their opposition or to justify or excuse the
shabby treatment her nomination had received.
It is apparent that some Republicans are responding to the demands of
conservative pressure groups to oppose her confirmation by doing just
that. The truth is that they were prepared to oppose any nomination
that President Obama made. Just today, a number of Republican Senators
have come to the Senate floor to speak against President Obama's
nomination of Judge Sonia Sotomayor to the Supreme Court. The Senate
Republican leader, the ranking Republican on the Judiciary Committee,
and the head of the National Republican Senatorial Committee have all
taken a turn.
My initial reaction to their effort is to note that they have doubly
demonstrated why a hearing should not be delayed. In fairness, no one
should seek to delay her opportunity to respond to their questions and
concerns and to answer their charges. As I said when I set the hearing
date after consulting with Senator Sessions, I wanted it to be fair and
adequate--fair to the nominee and adequate to allow Senators to
prepare. To be fair to her, we need to give her the earliest possible
opportunity to answer. As for preparedness, those Republican critics
were prepared to air their grievances and concerns and to discuss her
record and her cases 3 weeks before
[[Page S6920]]
the scheduled date of the hearing. What they clearly demonstrated today
is that they are prepared to proceed with the July 13 hearing.
I do not agree with their characterization of her distinguished
record on the Federal bench, or with their mischaracterization of her
manner of judging. Judge Sotomayor's approach to the law should be
clear to all after a 17-year record of fairly applying the law on the
Federal bench. I remind them that when I asked Judge Sotomayor about
her approach to judging she told me that, of course, one's life
experience shapes who you are, but she went on to say this:
``Ultimately and completely''--and she used those words--as a judge you
follow the law. There is not one law for one race or another. There is
not one law for one color or another. There is not one law for rich and
a different one for poor. There is only one law. She said ultimately
and completely, a judge has to follow the law no matter what his or her
upbringing has been. That is the kind of fair and impartial judging
that the American people expect. That is respect for the rule of law.
That is the kind of judge she has been.
For all the talk we have heard for years about judicial modesty and
judicial restraint from nominees at their confirmation hearings, we
have seen a Supreme Court these last four years that has been anything
but modest and restrained. One need look no further than the Lilly
Ledbetter and Diana Levine cases, or the Gross case from last week, to
understand how just one vote can determine the Court's decision and
impact the lives and freedoms of countless Americans.
The question we should be asking as we consider Judge Sotomayor's
nomination is whether she will act in the mold of these conservative
activists who have second-guessed Congress and undercut laws meant to
protect Americans from discrimination in their jobs and in voting, laws
meant to protect the access of Americans to health care and education,
and laws meant to protect the privacy of all Americans from an
overreaching government. We should be asking whether she will be the
kind of Justice who understands the real world impact of her decisions.
I know Judge Sotomayor is a restrained and thoughtful judge. She
understands the role of a judge. Her record is one of restraint. In
fact, the cases her critics chose to highlight are cases in which she
showed restraint and followed the law. I hope that she is also a judge
who understands that the courthouse doors must be as open to ordinary
Americans as they are to government and big corporations.
I wish Republican Senators would pay less attention to the agitating
from the far right, take a less selective view of a handful of Judge
Sotomayor's cases to paint her--inaccurately--as an activist and,
instead, consider her record fairly. She has been a judge that Kenneth
Starr has endorsed. The other judges on the Second Circuit think the
world of her, and have great respect for her judgment and judging. She
is a nominee in which all Americans can take pride and have confidence.
She has been a judge for all Americans and will be a Justice for all
Americans.
I am sorry that some critics are seeking to caricature Judge
Sotomayor and mischaracterize her involvement with respectable
mainstream civil rights organizations. Judge Sotomayor was a member of
board of directors of the Puerto Rican Legal Defense and Education
Fund, PRLDEF, now known as LatinoJustice PRLDEF, from 1980 until her
resignation in 1992. Today, Republican critics chose to malign PRLDEF.
This is a respected organization that was founded in the early 1970s
with the support of Senator Jacob Javits, former Attorney General
Nicholas Katzenbach, former New York Attorney General Robert Abrams,
and legendary New York County District Attorney Robert Morgenthau, who
was Judge Sotomayor's boss when she worked in his office as a
prosecutor after graduating from Yale Law School.
It was modeled on the NAACP Legal Defense and Educational Fund. Its
mission is to develop a more equitable society by creating
opportunities for Latinos in areas where they are traditionally
underrepresented. It seeks to ensure that Latinos have the legal
resources necessary to fully engage in civic life. Financial support
for PRLDEF comes from widely regarded foundations like Ford and
Carnegie, and corporate contributions from businesses like Time Warner.
These foundations and corporations are not radical. Neither is PRLDEF.
Other past directors of PRLDEF include the honorable Jose Cabranes of
the U.S. Court of Appeals for the Second Circuit, former Congressman
Herman Badillo, now a senior fellow at the Manhattan Institute, and
former Governor of New York Hugh Carey. Jack John Olivero, a former
regional director of the Equal Employment Opportunity Commission and
deputy director of its Washington office was PRLDEF's fourth president
and general counsel. The list goes on and on of distinguished lawyers
who have served in leadership capacities at PRLDEF.
One of PRLDEF's core missions is increasing diversity in the legal
profession. To that end, PRLDEF mentors youth from all backgrounds,
assisting them in completing their law school applications, mentoring
them throughout law school, and supporting them during their years as
young lawyers. Thousands of attorneys, including prominent civic,
government, and corporate leaders, credit PRLDEF for helping them
realize their dreams of becoming lawyers.
We all know about this part of Sonia Sotomayor's life because she
disclosed her board membership and status as an officer in response to
the Judiciary Committee's questionnaire. We know about it because Judge
Sotomayor not only reviewed her own records to provide documents from
her time at PRLDEF, but she also went above and beyond what the
bipartisan questionnaire called for and asked that PRLDEF conduct its
own search of its records. Judge Sotomayor has now provided the
committee with additional documents from this search related to her
work for PRLDEF. The record before us is public and it is transparent.
We already have a more complete picture of Judge Sotomayor's record
than we ever had of the records of John Roberts or Samuel Alito.
The committee did not receive 15,000 pages of documents related to
key parts of Chief Justice Roberts' career in executive branch until
the eve of the hearings, and many of them were heavily redacted. The
Bush administration refused to meet or even discuss the Democrats'
narrow request for specific memoranda relating to 16 key cases on which
John Roberts worked while he was the principal deputy to Solicitor
General Kenneth Starr in the administration of President George H.W.
Bush. As a result, the committee had little knowledge of highly
relevant parts of John Roberts's work as a political appointee in the
office of ``the people's lawyer''--the Solicitor General. Because John
Roberts had fewer than 3 years on the bench at the time of his
nomination, these documents would have provided a crucial window into
his qualifications. But we never received them.
During the committee's consideration of the Alito nomination, we
requested documents from Samuel Alito's 6 years in the Department of
Justice. However, the Bush administration just days before his hearing
refused to produce 45 of the 50 opinions Sam Alito had written or
supervised while in the Office of Legal Counsel. The administration
also refused to provide most of the documents he wrote while in the
Solicitor General's Office. Indeed, in refusing our request for these
documents, the Department of Justice wrote:
Judge Alito has sat on the federal appellate bench for more
than 15 years, and his decisions in that capacity represent
the best evidence of his judicial philosophy and of the
manner in which he approaches judicial decision-making.
I do not recall a single Republican saying that we did not have a
complete record to consider those nominations of President Bush to the
Supreme Court even though there were significant gaps in the records.
We should not apply a double standard to the nomination of Sonia
Sotomayor.
We have Judge Sotomayor's record from the Federal bench. That is a
public record that we had even before she was designated by the
President. Judge Sotomayor's mainstream record of judicial restraint
and modesty is the best indication of her judicial philosophy. We do
not have to imagine what kind of a judge she will be because we see
what kind of a judge she has been.
[[Page S6921]]
I thank Judge Sotomayor for her quick and complete answers to the
committee's questionnaire, and for going above and beyond what is
required. My review of Judge Sotomayor's record has only bolstered the
strong impression she has made over the past several years. She is
extraordinarily qualified to serve on the Nation's highest court. She
will bring to the Supreme Court more than just her first-rate legal
mind and impeccable credentials. Hers is a distinctly American story.
Whether you are from the South Bronx, the south side of Chicago or
South Burlington, the American Dream inspires all of us, and her life
story is the American dream.
I am confident that when elevated to the highest court in the land
Judge Sotomayor will continue to live up to Justice Marshall's
description of the work of the judge. Justice Marshall said:
We whose profession it is to ensure that the game is played
according to the rules, have an overriding professional
responsibility of ensuring that the game itself is fair for
all. Our citizenry expect a system of justice that not only
lives up to the letter of the Constitution, but one that also
abides by its spirit. They deserve the best efforts of all of
us towards meeting that end. In our day-to-day work we must
continue to realize that we are dealing with individuals not
statistics.
It is a pretty awesome responsibility when a Justice of the Supreme
Court is nominated. Most Justices will serve long after the President
who nominated them is gone, long after most of the Senators who vote on
that nominee are gone. We have 300 million Americans. There are only
101 Americans who get a direct say in who is going to be on the Supreme
Court. First and foremost, the President of the United States, when he
makes the nomination to the Supreme Court, and then the 100 Senators
who either vote yes or vote no. So let's stop delegating our work to
special interest groups. Let's delegate our work to ourselves. Let's do
what we are paid to do. Let's do what we have been elected to do.
This is a historic nomination. It should unite the American people
and unite the 100 of us in the Senate who will act on their behalf. It
is a nomination that keeps faith with the words engraved in Vermont
marble over the entrance of the Supreme Court: ``Equal Justice Under
Law.''
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Kaufman). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SANDERS. 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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