[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Page 10998]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       NOMINATION OF DEBORAH COOK

  Mr. BAUCUS. Mr. President, I would like to explain why I opposed the 
nomination of Deborah Cook to the U.S. Circuit Court of Appeals for the 
Sixth Circuit earlier this week.
  As I have stated, before, appointees to the Federal bench must be 
able to set aside their personal philosophies and beliefs. They must be 
able to administer and enforce the law in a fair and impartial manner. 
Because the U.S. Supreme Court hears fewer and fewer cases each year, 
the circuit courts are the court of last resort for many ordinary 
citizens and businesses. The circuit courts often have the last word on 
important cases dealing with civil rights, environmental protection, 
consumer protections, and labor issues, among many others. Circuit 
court judges must demonstrate a record of integrity, honesty, fairness, 
and a willingness to uphold the law. It doesn't matter if that person 
is nominated by a Democrat or a Republican--the standard remains the 
same.
  In reviewing Ms. Cook's record, I noted several instances in which 
she clearly ignored her own State's Constitution or her own court's 
prior precedent in issuing her opinion or dissent. This was 
particularly striking in cases involving worker and consumer rights and 
protections. Her record indicates she lacks the sensitivity and legal 
integrity so vital to any person worthy of a lifetime appointment as a 
U.S. circuit court judge. Her record indicates she cannot set aside her 
own personal philosophies and beliefs in deciding the cases before her.
  In short, I could not in good conscience, exercising my duty under 
the Constitution, vote to confirm Deborah Cook to a lifetime 
appointment on the Sixth Circuit Court of Appeals.

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