Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to speak in support of Samuel Alito's nomination to the United States Supreme Court. Judge Alito is supremely qualified. He has a…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I rise to speak in support of Samuel Alito's nomination to the United States Supreme Court.
Judge Alito is supremely qualified.
He has a record of fairness and judicial restraint. He will do a fine job on the Supreme Court.
I will vote for his nomination and any procedural measures necessary to confirm him on the Senate floor.
Confirmation of a Supreme Court Justice is one of the most import jobs we have as Senators.
This will be the second Supreme Court nominee I will have considered since coming to the Senate.
I take this responsibility very seriously.
I have spent time with Judge Alito and I have studied his background and record.
I closely followed his confirmation hearings in the Judiciary Committee. I can say without question that he should be confirmed.
I don't find myself agreeing with the Washington Post or the Louisville Courier-Journal newspapers very often.
But even those papers agree that Judge Alito should be confirmed.
I first met Judge Alito this past fall.
I did not know much about him when his nomination was announced by President Bush.
I reserved judgment about his nomination until I had a chance to meet with him.
From that meeting it became clear that I could support his nomination.
And his performance at his confirmation hearing further solidified my support for his nomination.
We are all familiar with the basics of Judge Alito's background.
He has been on the Third Circuit Court of Appeals for 15 years.
He has participated in several thousand cases and written several hundred opinions.
He attended top schools for both college and law school--Princeton and Yale.
I gather all of my colleagues would agree that those things are important and impressive--but they do not alone qualify him for the job.
There is a lot more to being qualified for the Supreme Court than pedigree and judicial experience.
Judicial philosophy and one's approach to judging and the law are most important.
All these factors and more must be looked at and weighed before deciding if a nominee is qualified.
I have done so and it is clear to me that Judge Alito should be confirmed.
A good place to begin is with Judge Alito's record on the Third Circuit Court of Appeals.
He has participated in over 3,000 cases and written over 300 opinions.
His record in those cases shows that he is fair and impartial. And that he understands the law and the judicial process.
His opinions are written clearly and provide clear guidance to the lower courts.
Clarity is something we certainly need on the Supreme Court.
The clarity and fairness of Judge Alito's opinions speak well to his qualifications.
But what speaks volumes is that his critics have been unable to find a single case he participated in to show that he is unqualified as a judge.
That is not to say that his critics have not tried. But to use any case against him--critics have had to distort the record or confuse the issue.
Judge Alito's opponents are trying to stop his nomination.
They are concerned he will be a vote for the rule of law and the Constitution. And not a judicial activist to their liking on the Supreme Court.
The framers of the Constitution created a system of government where the peoples' voices are to be expressed through their elected representatives.
All Senators and Representatives stand for election and are responsible to the people of their States or districts.
The President is accountable to the entire Nation and must face the people in every State.
The Justices of the Supreme Court never have to face voters.
That is why the framers gave the legislative powers to the Congress.
And that is why they gave the administrative powers to the President.
We--who make policy decisions--are accountable to the voters.
The Justices of the Supreme Court are not.
At its simplest--that is what is meant by the rule of law. We are a Nation of laws--starting with the most basic law, the Constitution.
The Constitution spells out the roles of the branches of Government.
It sets out the role to the courts--which is to settle legal disputes between parties, and not to set national policy.
The Supreme Court is also to be a last check on the legislative and executive branches when they clearly violate the Constitution--but not to override policy decisions when the Constitution is silent.
Judge Alito has a demonstrated record of respecting the rule of law and the will of the people through their elected representatives.
That disturbs some who belong to this body.
It bothers them to know that if Judge Alito and others like him are on the Supreme Court--then the steady advance of courts acting as a policy-making branch of government will be halted.
Judge Alito has shown respect for the rule of law throughout his career on the bench--and even before that when serving in the Reagan Administration.
He understands that each branch of government has a unique role to play.
And he understands that only two are accountable to the people.
I take great comfort in Judge Alito's understanding that there is a place in our system of government for policy making--and that the place is not the courts.
Many of Judge Alito's opponents view the courts as just another policy making branch of government.
In other countries that may be true. But in the United States it is not.
Our judges are insulated from public pressure.
It is this way so that they can make impartial and fair judgments on cases--no matter how popular or unpopular the result.
They are also insulated from the political process to prevent undue influence from Congress or the President.
Does anyone here actually believe the framers of our Constitution insulated judges so they could enact policies without any political consequence?
In fact, the framers rejected proposals to give the courts any policy-making powers.
But that is not good enough for some who oppose Judge Alito.
They want judges who will make broad policy decrees from the bench.
They want liberal judges who will rule by dictating policies that fail at the ballot box.
They want activist judges. And Judge Alito is not an activist judge.
Judge Alito will stand up to the activists on the Supreme Court and help make sure the Court follows its proper and vital role.
The confidence of the citizens in the courts is harmed when the courts overstep their bounds.
Like Chief Justice Roberts, I am confident Judge Alito will only act within the Supreme Court's proper role.
And I am confident he will help restore the American people's faith in our court system.
I press upon my colleagues to support this nomination.
I will vote for Judge Alito and whatever measures and procedures necessary to ensure he gets a final vote up or down.
I am proud to support him.
Mr. President, I yield the floor and suggest the absence of a quorum.