Floor Statements

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I ask unanimous consent to set aside the pending amendment and call up my amendment No. 2653.

Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. President, I will speak more on this amendment at a later time.

I suggest the absence of a quorum.

Mr. President, I wish to honor the Simpson County Historical Society on their 50th anniversary. This is a momentous occasion for their organization and for the residents of South Central Kentucky.

The society was founded in 1959 by 37 dedicated citizens who wished to preserve the historical treasures in the area. The society began by meeting in a private home, and soon the group acquired a small collection of books that were maintained at the local library.

As the society expanded, its leaders were able to persuade the government of Simpson County to provide the old jail and jailer's house as the permanent facility of the society. This decision led to the creation of the Simpson County Archives and Museum that now holds thousands of books, city and county records, and other historical materials of significant value. The society has also continued the upkeep of the old jail and jailer's house, which date from the early 1800s.

However, the Simpson County Historical Society has not simply collected and preserved documents. They have also been active in encouraging the study of local history and culture. The society has provided scholarships for students wishing to pursue the study of history and maintained numerous historical markers in Simpson County. Finally, the group has positively impacted the economy by supporting tourist visits to historic sites throughout Kentucky.

I am very proud of the service the Simpson County Historical Society has provided to the Commonwealth of Kentucky. Their dedication through these many years makes them one of the oldest historical societies in the State, and I am confident that their impact will continue for many years to come.

Mr. President, today I am saddened by the death of my colleague from Massachusetts, Senator Edward Kennedy.

Born and raised in Massachusetts, Senator Kennedy dedicated his life to serving his country and the Commonwealth. He enlisted in the U.S. Army in 1951, beginning his long career of public service. Elected in 1962, Senator Kennedy is the third longest serving Senator in the history of the Senate. He served the people of Massachusetts well for 46 years, and I know his family and the people of Massachusetts are proud to call him one of their own.

Senator Kennedy had a long list of accomplishments to show for the people of Massachusetts and the Nation. He was a political icon who served with great distinction and passion for nearly a half century in the U.S. Senate, and whether I agreed with him or not, I always admired the way he fought for the issues he believed in. His leadership in the Senate will be missed and it has truly been an honor serving with him.

Mr. President, Senator Kennedy will be greatly missed. Mary and I give our heartfelt condolences to his wife, Vicki, and the entire Kennedy family.

Mr. President, today I pay tribute to my distinguished colleague from Florida, Mel Martinez, who retired from the Senate earlier this month.

I have worked with Senator Martinez since he was elected to serve the people of Florida in 2004. He has served his country proudly in several different roles. Senator Martinez also had the distinct honor to serve as the Secretary of Housing and Urban Development in President George W. Bush's Cabinet and as the chairman of the Republican National Committee. In both roles, it was not personal ambition that drove Mel. Rather, it was his passion to make his country a better place to live for his family and for all Americans.

I have also had the privilege of serving on the Senate Banking Committee with Senator Martinez. As a member of this committee, Mel brought a greater understanding and perspective on housing issues facing the Nation than many Senators that have served on this committee. Floridians and all Americans have benefited from his vast experience in this area as well as his dedication to serve for the greater good. A person of this caliber will truly be missed in the United States.

I am honored to know him and to have worked with him. I would like to thank Senator Martinez for his contributions to the Senate and to the country we both love. I wish him and his family the best in all of their future endeavors.

Madam President, I would like to take this opportunity to recognize the Bowling Green Area Chamber of Commerce for receiving the 2009 Chamber of the Year award.

The Bowling Green Chamber of Commerce is truly an outstanding organization. It provides an invaluable service to South Central Kentucky by working with its more than 1,300 partners to stimulate economic development and create a better business environment in the region. Its hard work and advocacy has also enabled Bowling Green to compete nationally and to earn Site Selection Magazine's ranking of ninth for its number of 2008 industry and expansion projects.

The greater Bowling Green region is home to a resilient economy where small and large businesses are forced to contend with a number of economic challenges. Recognizing these challenges, the Bowling Green Chamber of Commerce has remained committed to aiding businesses as they work their way through today's economic landscape.

Strong leadership and solid organization have contributed to the chamber's record of success. Under the guidance of current chamber president, Jim Hizer, the chamber's membership and activities have continued to increase, providing local businesses more opportunities for growth and employment.

I would like to congratulate the Bowling Green Chamber of Commerce for receiving the 2009 Chamber of the Year award. Over the years, it has become a strong organization committed to serving the interests of its members and community. I wish it all the best in its future endeavors within Kentucky and around our Nation.

Mr. President, I wish to congratulate and recognize a distinguished Kentuckian, 12-year-old Caroline Ford, a student at Bowling Green Christian Academy, who was recently named a 2009 National Junior Forensic League Championship award winner in San Antonio, TX.

The National Forensic League is a nonprofit, nonpartisan educational honor society, with alumni that include Oprah Winfrey, President Lyndon B. Johnson, Vice President Hubert H. Humphrey, Supreme Court Justice Stephen Bryer, and countless other members in government, academia, and business. Policy debate, interpretation of dramatic literature, and commentary are just examples of the types of competitions offered by the National Forensic League.

As a participant at one of the most prestigious forensic competitions, Caroline competed against over 100 students from the United States and other nations. Her awards include first place in the original oratory competition and second place in the original poetry competition.

I would like to once again congratulate Ms. Caroline Ford for being named a 2009 National Junior Forensic League Championship award winner. She is truly an inspiration to all Kentuckians, and I wish her the best of luck in her future endeavors.

Mr. President, I rise today to speak on the nomination of Mr. Cass Sunstein for the Office of Management and Budget's Office of Information and Regulatory Affairs, OIRA. Most Americans have never heard of OIRA, but it has great influence on the daily lives of all Americans. OIRA is responsible for the execution of a wide range of government policies and regulations with its oversight of the executive branch rulemaking. In other words, the OIRA can heavily influence or change the intended purpose of any regulatory proposal. Therefore, it is important for the head of OIRA to be a rational thinker who has every American's best interest at heart.

After reviewing Mr. Sunstein's opinions and past comments, it is very clear that his views are far outside of the mainstream. For example, Mr. Sunstein believes that animals should be given the same rights as humans. In 2004, he wrote, ``We could even grant animals a right to bring suit without insisting that animals are persons, or that they are not property.'' According to Mr. Sunstein's logic, your dog could sue you for putting its collar on a little too tight. Furthermore, Mr. Sunstein is against hunting and compares it to the `` mass extermination of human beings.'' Whether it is for population control or for food consumption, hunting plays a vital role in the lives of many Americans, especially in Kentucky. It is irresponsible for Mr. Sunstein to compare a person who kills a deer which can provide food for his or her family for several weeks, to the likes of Stalin. He has also been very hostile to second amendment rights and has publically stated his resistance to an individual's right to keep and bear arms.

Any regulation that comes out of the Department of Agriculture could negatively impact farmers across the Nation if Mr. Sunstein is the person responsible for implementing that regulation. Livestock farmers across Kentucky could potentially be forced out of business if Cass Sunstein had his way. Additionally, vague rulemaking by the Bureau of Alcohol, Tobacco, Firearms, and Explosives could result in Mr. Sunstein filling in the gaps to push his and the President's radical agenda. There are plenty of other qualified people whom President

Obama could have chosen for this very significant position. I cannot support this nomination, and I urge my colleagues to vote against this nomination.

Mr. President, I wish to congratulate and recognize a distinguished Kentuckian, Dudley Spoonamore, a Boyle County High School teacher, who was recently named the 2009 Kentucky Engineering and Technology Education Teacher of the Year.

The Kentucky Engineering and Technology Education Teacher of the Year award, bestowed by the Kentucky Engineering and Technology Education Association Leadership Committee as well as fellow Technology Education

teachers from across the Commonwealth of Kentucky, is the highest honor given to State educators in the field of technology education. Each year it is awarded to individuals who provide exceptional learning opportunities in the area of technology education to students and professionals.

Students in Mr. Spoonamore's engineering and technology lab are exposed to an innovative and hands-on approach to teaching engineering design principles. Building a robot, assembling electrical circuits, and experimenting with CO2 cars in wind tunnels are just an example of what Mr. Spoonamore's students participate in each school year.

This month, Mr. Spoonamore will be honored at the Kentucky Association for Career and Technical Education Leadership and Learning Conference in Louisville, KY.

Additionally, Mr. Spoonamore is a recipient of this year's Teacher Excellence Award by the International Technology Education Association, which was presented to only 39 individuals across the United States.

Mr. Spoonamore has proven himself to be an exemplary teacher, changing the way teachers teach and how students learn. He is an inspiration to the citizens of Kentucky and to teachers everywhere. I wish him luck on all of his future endeavors.

Mr. President, today I pay tribute to my distinguished colleague from Minnesota, Senator Norm Coleman.

I worked with Senator Coleman since 2002 when he was elected U.S. Senator of Minnesota. Norm is a man of integrity and patriotism. He has dedicated most of his adult life to serve the people of Minnesota. While he served in the Minnesota Attorney General's Office for a large portion of his career and eventually became solicitor general, he is highly praised in the city of St. Paul for his successes as mayor. His vision and execution to revitalize the city of St. Paul became a benchmark for success in local governing. Because of his accomplishments as mayor, he gained higher approval ratings in Minnesota than most politicians in Washington ever receive in their entire careers.

During his tenure as U.S. Senator, Norm was a leader in strengthening our homeland security and national defense. He consistently supported and sponsored measures that provide our troops with the important tools they need to defend our freedoms overseas and fought to make sure they receive the proper care and services as they return home. Additionally, Norm remained a strong voice for alternative fuels and energy independence. The Commonwealth of Kentucky and I are thankful for his diligence in promoting clean energy.

He always fought for what he believes is best for Minnesotans and for America. While we are sad to see him go here in the Senate, we are grateful for his contributions. I am honored to know him and to have worked with him. I wish his wife Laurie, his children, Jake and Sarah, and him the best in all of their future endeavors.

Mr. President, I ask to speak in morning business for up to 15 minutes.

Mr. President, today I rise to speak on the nomination of Judge Sotomayor to be a Justice on the U.S. Supreme Court. After much consideration, I cannot support this nomination.

I have been following this process closely. I have been reading her rulings and her speeches. I have been watching her hearing at the Senate Judiciary Committee. I met with her one on one and was able to ask her questions. Unfortunately, I find her to be unsuitable as a member of the U.S. Supreme Court.

The first problem I would like to discuss is her lack of direct answers to direct questions. I had this problem in my meeting with her and it appears from watching the Judiciary Committee hearings that other Members have had that problem too. My biggest concern in this area is that she answered the questions from the perspective of the job she has, not the job she has been nominated for. As a member of the district or circuit court, she must rely heavily on precedent. However, as a Justice of the Supreme Court, she is in the position to set precedent. When I asked her simple questions about how she would treat certain subjects, she retreated to saying that she would use precedent to decide how to proceed. I found this unsatisfactory because she would be setting precedent as a member of the Supreme Court. In fact, throughout her nomination process I have seen her sidestep direct questions time and time again. We have seen this happen numerous times during her hearing before the Judiciary Committee. I think we deserve answers to these questions and we have not gotten them.

However, we can learn about her views and how she might perform on the Supreme Court by studying her record. She has an extensive record, which includes 17 years as a judge and, prior to that, time spent as a prosecutor, in private practice, and as a member of groups such as the Puerto Rican Legal Defense and Education Fund. This gives us much to look at, such as her decisions, speeches, and other sources. I have studied these and I would like to comment on them and her views.

When I spoke on the nomination of Chief Justice John Roberts in 2005, I pointed out the problem of the Supreme Court and other judges trying to replace Congress and State legislatures. Important social issues have been taken out of the political process and decided by unelected judges. I can say with certainty that this was not the way the Founding Fathers and authors of the Constitution intended for it to work.

The creation of law is reserved for elected legislatures, chosen by the people. The Supreme Court is not a nine person legislature created to interact with or replace the U.S. Congress. When judges and justices take the law into their own hands and act as if they were a legislative body, it flies in the face of the Constitution. Because of this, whether in the Supreme Court or in lower courts, many people have lost respect for our judicial system. This cannot continue to happen. In addition to obvious constitutional concerns, if someday the public and the rest of the political system begin to tune out the courts and ignore their decisions altogether, it would be grave for our country.

During their confirmations, I felt that Chief Justice Roberts and Justice Alito understood this. That is probably the biggest reason why I voted for them. I am afraid that I cannot say the same about Judge Sotomayor.

Much has been said about Judge Sotomayor's ``wise Latina woman'' comments. Even though they have been discussed many times over, they are still relevant and speak to her views on the role of judges. In her infamous 2001 speech, she said that ``a wise Latina woman'' would ``more often than not reach a better conclusion than a white male.'' This shows a clear method of her thinking and indicates she accepts the idea that personal experiences and emotions influence a judge's rulings, rather than the words of the law and the Constitution.

She used the ``wise Latina woman'' phrase in at least four other speeches, most recently in 2004. The fact that it was repeated so often indicates that she believes it. She has said that the notion of impartiality on the bench is ``an aspiration'' and has gone on to claim that ``by ignoring our differences as women or men of color we do a disservice both to law and society.'' When President Obama began discussing what sort of person he wanted to nominate to Supreme Court, he put a premium on the nominee having ``empathy.'' Well, it appears that he got his wish.

Empathy in and of itself is not a bad thing. However, in this context it means that the law would lose out to a justice who feels an emotional pull to rule one way or the other. Empathy belongs best in legislatures, where it can reflect the wishes of the people who voted for the members of those bodies. This is not the job of the Supreme Court, or any other court of law for that matter. I do not have faith that Judge Sotomayor would fully respect the roles of the judiciary and the legislature.

While understanding that the role of the Supreme Court is interpreting law instead of making it might be the most important quality of a Justice, there will be times when precedent must be set and it is crucial that this is done correctly. Now, I understand a nominee's hesitancy to discuss a case or issue that might come before them, but I do think they can explain their methods for arriving at a conclusion. During the confirmation hearings of Justices Roberts and Alito, they were both willing to walk through their decision making process. However, Judge Sotomayor has been unwilling to do even this. It is unfortunate, but I have no basis to understand how Judge Sotomayor will think through a case as a member of the highest court in the land.

Her views on race, as seen in the Ricci case, are troubling. The city of New Haven decided to throw out the results of their firefighter promotional exam because they felt that not enough minorities had passed it. Many who passed that exam had made great sacrifices to prepare for the test, including the lead plaintiff, Frank Ricci, who overcame a disability to pass it with flying colors. Seventeen White and one Hispanic firefighter filed suit that this

was reverse discrimination and Meir case eventually found its way before Judge Sotomayor at the Second Circuit. She dismissed their claims in a one-paragraph opinion that cited no precedent and was later roundly criticized by judges of all stripes. Fortunately, just last month, the Supreme Court overturned this erroneous decision.

Judge Sotomayor also has shown an unacceptable hostility to second amendment rights. In the recent Heller Supreme Court ruling, it was found that the second amendment confers an individual right to keep and bear arms. However, in two cases Judge Sotomayor has lent her name to extremely brief opinions that the second amendment is not a fundamental right. Her rulings, and the lack of explanation on them, indicate that she is hostile to the second amendment and will not protect it with the same energy as she might for any of the other nine amendments in the Bill of Rights. She has not stated that she believes a clearly spelled- out right, such as the second amendment, is fundamental, but she is willing to recognize that something that is not clearly spelled out, such as a right to privacy, is fundamental. I fear that her appointment to the Supreme Court could undo the progress from the Heller decision that recognizes Americans have the right to defend themselves.

Another area of concern is Judge Sotomayor's views on the use of foreign law in American courts. Less than 3 months ago, she said she believes ``that unless American courts are more open to discussing the ideas raised by foreign cases, and by international cases, that we are going to lose influence in the world.'' First of all, the Court's responsibility is to review the laws passed by the government that it is a part of, not laws passed by a foreign government. Second of all, if there is a foreign law that looks like a good idea, then an elected legislature should consider it and, if it has merit, pass it into law. Judges should not be looking around the country or the globe for laws they like and then try to implement them.

Judge Sotomayor has a history of writing or signing on to brief and inadequate opinions that are not suitable for the gravity of the matters on which she is ruling. In the Ricci firefighter case I discussed earlier, half of the judges on her court criticized her opinion as ``perfunctory disposition'' that ``rests uneasily with the weighty issues presented by this appeal.'' The opinion was only one paragraph long. When the Supreme Court issued its majority opinion on that case, it was 34 pages long. In one case I mentioned above, she joined the summary panel opinion and discarded the idea of the second amendment as a fundamental right in a one-sentence footnote. This is unacceptable.

What is perhaps the most shocking about these exceedingly brief investigations of the law is that they affected very important cases and very important issues. For instance, the Ricci case could become the affirmative action case of this generation, and it received only a one-paragraph analysis from Judge Sotomayor. Her casual treatment of the second amendment cases flies in the face of the efforts the Supreme Court has put in these decisions. The U.S. Supreme Court is the last stop for important legal decisions, and a Justice must provide explanation and insight to the country on how and why they ruled the way they did. Judge Sotomayor did not do that for these extremely important cases.

This will be the first time I have ever voted against a Supreme Court nominee, and I am not happy I have to do so. However, it is the constitutional role of the Senate to provide confirmation for this position and my duty as a Senator to be part of this process. On viewing the record of Judge Sotomayor, I do not find her to be a suitable candidate for Justice of the Supreme Court of the United States and will vote against her whenever the Senate considers her nomination.

I yield the floor.

Mr. President, I would like to take this time to congratulate Ballard High School in Louisville, KY.

Newsweek magazine recently published a list of the top 1,500 public schools in the country. The 15 schools that made the list from Kentucky rank among the top 6 percent of public schools in the Nation. What is even more impressive is that Kentucky had three more schools ranked this year than in 2008, showing improvement in our State's schools. Placing as 1 of 15 schools from Kentucky on this list, Ballard High School has earned national recognition for the fine performance of its students and faculty.

I am proud of the students of Ballard High School. Their commitment to education is an example for the entire Commonwealth and I take pride in recognizing them on the floor of the U.S. Senate.

Mr. President, I would like to take this time to congratulate Bowling Green High School in Bowling Green, KY.

Newsweek magazine recently published a list of the top 1,500 public schools in the country. The 15 schools that made the list from Kentucky rank among the top 6 percent of public schools in the Nation. What is even more impressive is that Kentucky had three more schools ranked this year than in 2008, showing improvement in our State's schools. Placing as 1 of 15 schools from Kentucky on this list, Bowling Green High School has earned

national recognition for the fine performance of its students and faculty.

I am proud of the students of Bowling Green High School. Their commitment to education is an example for the entire Commonwealth and I take pride in recognizing them on the floor of the U.S. Senate.

Mr. President, I would like to take this time to congratulate Brown High School in Louisville, KY.

Newsweek magazine recently published a list of the top 1,500 public schools in the country. The 15 schools that made the list from Kentucky rank among the top 6 percent of public schools in the Nation. What is even more impressive is that Kentucky had three more schools ranked this year than in 2008, showing improvement in our State's schools. Placing as 1 of 15 schools from Kentucky on this list, Brown High School has earned national recognition for the fine performance of its students and faculty.

I am proud of the students of Brown High School. Their commitment to education is an example for the entire Commonwealth and I take pride in recognizing them on the floor of the U.S. Senate.

Mr. President, I would like to take this time to congratulate Dunbar High School in Lexington, KY.

Newsweek magazine recently published a list of the top 1,500 public schools in the country. The 15 schools that made the list from Kentucky rank among the top 6 percent of public schools in the Nation. What is even more impressive is that Kentucky had three more schools ranked this year than in 2008, showing improvement in our State's schools. Placing as 1 of 15 schools from Kentucky on this list, Dunbar High School has earned national recognition for the fine performance of its students and faculty.

I am proud of the students of Dunbar High School. Their commitment to education is an example for the entire Commonwealth and I take pride in recognizing them on the floor of the U.S. Senate.

Mr. President, I would like to take this time to congratulate DuPont Manual High School in Louisville, KY.

Newsweek magazine recently published a list of the top 1,500 public schools in the country. The 15 schools that made the list from Kentucky rank among the top 6 precent of public schools in the Nation. What is even more impressive is that Kentucky had three more schools ranked this year than in 2008, showing improvement in our State's schools. Placing as 1of 15 schools from Kentucky on this list, DuPont Manual High School has earned national recognition for the fine performance of its students and faculty.

I am proud of the students of DuPont Manual High School. Their commitment to education is an example for the entire Commonwealth and I take pride in recognizing them on the floor of the U.S. Senate.