[Congressional Record (Bound Edition), Volume 155 (2009), Part 15]
[Senate]
[Pages 21008-21009]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           JUSTICE SOTOMAYOR

  Mr. SESSIONS. Mr. President, I had the opportunity this morning to 
talk with Judge Sotomayor and congratulate her on her confirmation to 
the Supreme Court. It is an exceedingly important position. Her 
nomination initiated a national discussion about the role of a judge in 
American society. I hope it rose to the level of debate and discussion 
that was worthy of such a great occasion.
  She is a wonderful person. She is going to give her best effort to be 
a great Justice on the Court. I hope and pray she will achieve that. I 
reached a conclusion, as did a number of my colleagues, that her 
statements and expressions of judicial philosophy were such that it 
caused concern and gave rise to a belief that her approach to judging 
was part of a growing idea that judges are not bound by the law and 
facts but are rightly able to allow their personal views to influence 
their decisions.
  Her testimony was different, however, from what was reflected in her 
speeches. I am hopeful that her testimony will be the basis by which 
she conducts her business on the bench.
  I congratulate her. I think our discussion was at a high level. It 
dealt with an issue that so many of us feel very deeply about; that is, 
that the law must be objective, that judges must show fidelity to the 
law as written, even if we in Congress have not written it so well and 
if they would like to see it differently. That is the cornerstone of 
the American legal system, and I am proud of it.
  I received an e-mail a few days ago from Sarah Chayes who has written 
a book about Afghanistan. She was an NPR reporter, stayed in 
Afghanistan, fell in love with the country, has learned the language 
and works tirelessly to improve the lives of people in that country.
  She told about being in the States and meeting with the relative of 
an individual who tried so hard in Iraq to promote law and justice. She 
said this lady, her relative, said what most impressed her in America 
was the law. She said it was not food, it was not technology, it was 
not wealth that we had, it was the legal system we had. It is a 
beautiful, wonderful thing. It is a heritage we have received. We have 
not earned it. We have inherited it, and we have a responsibility to 
make sure we pass it on in a healthy state, to those who will follow 
us.
  So my congratulations go to Judge Sotomayor. I know her mother and 
other family members are so excited this day. This was one of the 
shortest confirmation processes in recent memory. I know that she is 
pleased that it was completed before the August recess. It will allow 
her to move and get herself organized for the beginning of the term in 
October. So, again, my congratulations are to her.

[[Page 21009]]

  I appreciate the Members of the Senate, Chairman Leahy, for allowing 
a full and robust debate on this issue. I will assure my colleagues, 
the issue of judicial activism is not going away. The American people 
feel strongly that judges must operate as their judicial oath says, in 
accordance with the Constitution and laws of the United States--not 
above them. They expect them to work diligently to determine the right 
answer to each case before them and to find and declare that right 
answer, even if the law they base it on is one they personally would 
like to see altered.
  That is the ideal of American justice, and we will be continuing to 
battle for that as the months and years go forward. I think it is an 
important issue this country will be wrestling with.
  I thank the Acting President pro tempore and yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________