[Congressional Record Volume 163, Number 202 (Tuesday, December 12, 2017)]
[Senate]
[Pages S7973-S7974]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  RECOGNIZING THE JOHN G. HEYBURN II INITIATIVE FOR EXCELLENCE IN THE 
                           FEDERAL JUDICIARY

  Mr. McCONNELL. Mr. President, today I wish to commemorate a 
groundbreaking program in my home State, the John G. Heyburn II 
Initiative for Excellence in the Federal Judiciary at the University of 
Kentucky. As I will explain, the initiative, under the leadership of my 
dear friend, Dr. Martha Heyburn, is both a testament to its namesake 
and a powerful representation of its leader. Through its work, this 
program will benefit and educate our citizens, students, and members of 
the Federal judiciary.
  Judge John G. Heyburn II served on the U.S. District Court for the 
Western District of Kentucky for more than two decades. During his 
distinguished time on the bench, John excelled as a scholar, a jurist, 
and a public servant. He was a man of intellectual curiosity, which 
could be seen in his work and his relationships. In addition to his 
efforts in the Western District, Chief Justice William Rehnquist 
appointed John to serve on the Budget Committee of the U.S. Judicial 
Conference in 1994. John eventually became the committee's chairman in 
1997, where he was responsible for working with Congress to set the 
budget for the Federal judiciary. In 2007, Chief Justice John Roberts 
appointed him to chair the Judicial Panel on Multidistrict Litigation, 
a body tasked with promoting efficiency and consistency in litigation 
across the Federal courts.
  During his career on the Federal bench, Judge Heyburn lived out a 
vision, in his words, ``to ever improve the legal system considered the 
envy of the world.'' Through each of his roles, John sought to continue 
the development and improvement of the Federal judiciary, understanding 
that the quality of justice was inexorably tied to sound 
administration.
  Throughout his life, I was proud to call John my friend. Like so many 
others who knew and cared for him, I was heartbroken by his passing in 
April of 2015.
  After John's death, his wife, Martha, was left with what she called 
``the unenviable task'' of organizing his judicial papers. She expected 
to find his books, his notes, and his memos from a lengthy career on 
the Federal bench. What Martha found, however, surpassed even her 
grandest expectations.
  For many of his most important cases, John maintained meticulous 
records of his decisions. For one case in particular, Martha found a 
collection of 26 drafted opinions, news clippings, source citations, 
and even the biographies of the law clerks who had helped John reach 
his final decision. She recalled that, during his career, John would 
work tirelessly on his opinions, struggling over individual words or 
sentences to ensure he got each and every word just right.
  As she examined the vast quantity of research, documentation, and 
papers, Martha reached a conclusion that would ultimately inspire the 
establishment of the Heyburn Initiative. She knew ``this doesn't belong 
in [her] basement.'' Martha recognized the historical importance of the 
documents she had found. She knew that these papers should be seen by 
wider audiences so future students of the law can learn from them and 
understand her husband's decisions and the decision-making of the 
broader Federal judiciary. Martha believed that if there were any 
chance that John's work could inspire a future student, it was her 
responsibility to help make that happen.
  With this realization, Martha began to plan the future of the Heyburn 
Initiative. By organizing the papers and making them publically 
available, they would become the anchor of a national resource 
dedicated to understanding the Federal judiciary and its place in our 
democracy. Many of us are familiar with Presidential libraries and 
congressional centers throughout the country, but this project would be 
distinctive in its study of the Federal judiciary.
  From an impressive career of service, John had accumulated a wealth 
of materials that would be of interest to many students and judicial 
researchers. However, Martha knew that, to make this new program 
attractive to a broad audience, she would need more papers than just 
those of her late husband.
  Therefore, as is typical for a groundbreaker like Martha, she 
understood the best way to accomplish her goal would be to establish an 
archive with an ambitious mission. She wanted to create a repository 
for the papers of every article III judge in Kentucky's history that 
she could acquire. An undertaking of this size had never been attempted 
before in judicial archiving in any State, but Martha knew that, if she 
could pull it off, it would be an incredible resource for Kentuckians 
and those who study the courts for generations to come. From the 
initial planning stages through today, the Initiative has already 
obtained the papers of about a dozen Federal judges from Kentucky, and 
I expect that number to grow.
  Next, Martha decided that, to be of greater benefit to future 
generations, the documents in an archive would need to be put in their 
proper context. One of the best ways to do that would be to record oral 
histories from policymakers, contemporaries, and the judges themselves. 
These interviews provide a personal account of the history of our 
Commonwealth and our Nation. They are an incredible resource for 
students and researchers now and in the future. To date, many of the 
Federal judges in Kentucky have agreed to provide their own accounts 
for the archive, discussing their opinions, their work, and the 
judiciary.
  Martha chose to gather oral histories from other members of the 
Federal Government as well to show the interactions among the three 
branches at any particular moment in time, but to accomplish this feat, 
Martha would need resources and a staff to make her vision a reality.
  She entered into an agreement with the University of Kentucky to host 
this portion of the Heyburn Initiative. Martha chose John's charge, 
``to ever improve the legal system considered the envy of the world,'' 
to be the initiative's mission statement, and I was proud to stand with 
her in Lexington in October of 2016 as she publically unveiled her 
vision. The initiative became her effort to enshrine her husband's 
legacy and to inspire future generations into public service.
  With a permanent home and a vision for the future, the Heyburn 
Initiative launched its second component. After the passing of 
Associate Justice Antonin Scalia in February of 2016, Martha recognized 
a new level of awareness about the importance of the Federal courts 
throughout our Nation. That attention sparked her interest in 
developing an approachable and programmatic feature to the Heyburn 
Initiative by hosting speakers and conferences for the benefit of 
students, current judges, and the public.
  By hosting these events in the Commonwealth of Kentucky, Martha 
sought to make our State a destination for scholars and jurists, and 
she has already found great success in her efforts. In its first year, 
Martha hosted Chief Justice John Roberts and Associate Justice Neil 
Gorsuch at the Heyburn Initiative in Lexington. Both of these renowned 
jurists presented their views on the judiciary's particular place in 
our system of government.
  During each of these visits, Martha ensured that the distinguished 
speakers participated in both public events and in meetings with law 
students. Her aim for these carefully organized interactions with some 
of the most influential jurists in our country was to provide an 
opportunity for inspiration and learning. She hoped that the students 
would be inspired by the speakers and, in turn, the speakers might be 
inspired by the students.
  Martha also views Heyburn Initiative events as opportunities to 
showcase

[[Page S7974]]

our home State. With a ``uniquely Kentucky'' event, she wanted the 
visitors to remember more than just a judicial conference. Martha 
wanted the judges and justices to remember the culture of Kentucky. 
That is why, for example, when Chief Justice Roberts came to Lexington, 
she organized a group to attend a University of Kentucky men's 
basketball game, a coveted experience in the Commonwealth.
  In the Heyburn Initiative's first year, it has already achieved much 
success and has set itself on course for a bright future, and the 
credit for all the achievements belongs to Martha. Her vision and 
tenacity grew this program from an idea into a national resource for 
students, judges, and scholars. I know that the Heyburn Initiative will 
continue to be a fitting legacy for John because Martha is leading it.
  After so many accomplishments in 1 year, Martha has her sights set on 
further growth and success. She sees the Heyburn Initiative as an 
example for other States--to develop a home for the judiciary's rich 
history and an inspiration for its future. I would like to congratulate 
my dear friend and her family on her many achievements, and I look 
forward to seeing the great things that Martha will continue to do.

                          ____________________