Mr. President, we find ourselves today considering the nomination of Leon Holmes for the Eastern District of Arkansas. I have known Mr. Holmes for a number of years. In fact, I used to practice law with him. Even though I count him as a…
Mr. President, we find ourselves today considering the nomination of Leon Holmes for the Eastern District of Arkansas. I have known Mr. Holmes for a number of years. In fact, I used to practice law with him. Even though I count him as a friend, I have to go back to the criteria that I use when I consider any nomination for the Federal bench.
Basically, I have a four-part test that I apply. One: Is the nominee qualified? Two: Does the nominee have the necessary experience for the post? Three: Will the nominee, once he or she is on the bench, be fair and impartial? And the fourth criteria is more of a catchall: Are there other circumstances--maybe his or her temperament or maybe he or she has an agenda--is there something in their background that might prevent this person from serving?
Clearly, Leon Holmes is a qualified nominee. There is no doubt about that. Also, clearly he has the necessary experience to serve as a district judge in the Eastern District of Arkansas. Rightly so, people can ask and should ask: Can he be fair and impartial?
There is no question about the fact that Leon Holmes has been a strong advocate when it comes to the issue of life and choice. He is strongly on the pro-life side. He has been very clear about that point. For over two decades now, there is no question, there is no doubt about where Mr. Holmes stands on that important issue facing our Nation today.
Let's look at that issue and let's look at some statements he made and some things we have learned about Mr. Holmes during this nomination process.
First, let me say, I was attorney general in Arkansas for 4 years before I came to the Senate. As such, I can think, in 4 years of practice, of only one case of which I am aware that either my office or anybody else in the State of Arkansas handled relating to abortion and that was directly on point. The fact that he would be a judge for the Eastern District of Arkansas--we have two districts--probably would mean, given the number of Federal judges we have, given his age, it would be very unlikely for him to ever have an abortion case.
Second, even if he did have an abortion case, Mr. Holmes has represented every pro-life group in the State of Arkansas--I cannot speak to all of his clients, but he has represented them and has been very involved with them. So undoubtedly he would have a conflict if any of those cases ever came before him as a judge.
Mr. Holmes has a very deep conviction and a genuine passion about the issue of when life begins and whether this country should allow women the right to choose under any circumstance. It is a position that is based on much thought and much reason and even much prayer.
I can say this: After reviewing his record very thoroughly in the last year--by the way, this nomination has been pending in the Senate for over a year--he has made a number of inflammatory statements, and I thought what I would do is read through a few of those very briefly so my colleagues will understand what the controversy with Mr. Holmes is all about.
At one point, he wrote:
Concern for rape victims is a red herring because
conceptions from rape occur with the same frequency as
snow in Miami.
I could go through a series of statements he made. Let me read a couple more. He, in effect, compared the pro-choice movement to some things that were going on in Nazi Germany. I think that is a fair statement without trying to get into the long background and quote on that point.
Another item which has been controversial is that he wrote a piece for a Catholic newspaper in Arkansas. He also cowrote it with his wife. In this piece it says that a wife has the obligation to ``subordinate herself to her husband'' and ``to place herself under the authority of the man.'' Here, again, this is a reflection of Catholic doctrine. It is a teaching that is found in the New Testament. It is something in which Mr. Holmes and his wife both participate. When we hear statements such as that, naturally questions are raised and people ask: Is this the kind of person we want on the Federal bench?
If we look at most of the statements he has made about abortion and other subjects, not every single one, but most are at least 15 years old. He has apologized during the course of this nomination process, and, for all I know, he has already apologized for this, but he has apologized on many occasions for some of the statements he has written and said.
In fact, if I can read some excerpts of the responses from his questionnaire he answered before the Judiciary Committee. I am not going to try to read all this because there are way too many of them and way too long. Let me take selected excerpts.
At one point he said:
The sentence about rape victims--
Which I just quoted--
which was made in a letter to the editor in 1980 is
particularly troublesome to me from the distance of 23 years.
Regardless of the merits of the issue, the articulation in
that sentence reflects an insensitivity for which there is no
excuse and for which I apologize.
He goes on to say in another paragraph:
Let me be clear that Roe v. Wade, as affirmed by Casey, is
the law of the land. As a district judge, I would be bound to
follow it and would do so.
In another response about when it comes time for him to consider whether he should recuse in cases, he said:
I would follow 28 U.S.C. 455 and the Code of Conduct for
United States Judges when making recusal decisions.
He goes on to say in another paragraph:
Roe v. Wade is the law of the land. As a judge, I would be
bound by oath to follow that law. I do not see how a judge
could follow the law but restrict the rights established by
the law.
In other words, he is committing over and over he is going to follow the law of the land.
Again, in answer to another question:
I recognize the binding force of the court's holding in
Griswold and Eizenstat recognizing the right to privacy.
Once again, people can have a legitimate, genuine concern and can ask questions about this point, but time and again he answers his critics.
He says later:
Roe v. Wade establishes that the constitutional right to
privacy includes a woman's right to have an abortion.
In another section he says:
I do not understand that the Court in Roe v. Wade contended
that the decision there was mandated by strict construction
as the term is defined above.
He is talking about this phrase in the question.
I recognize these decisions are, once again, the law of the
land. They are binding precedent on all courts. If I am
confirmed, I will do my utmost to follow these and all other
precedents of the Supreme Court of the United States.
Then the last couple of excerpts I would like to read are these. Here again he is talking about Roe v. Wade:
As a judge, I would follow every decision of the Supreme
Court that has not been subsequently overruled.
How many times does he have to say that? How many times does he have to say he is going to follow the law?
I know Leon personally. Lawyers in Arkansas have worked with him, and they know him personally. We have a high degree of confidence that he will follow the law.
Something that comes through over and over with Mr. Holmes is he has an incredibly strong reputation for high ethical standards.
In fact, as a demonstration of this, at one point during the process he met with Senator Lincoln and they talked about a number of issues. If we know Senator Lincoln, we know she asked a
lot of hard questions and she expected clear and definitive answers, which she got.
At some point during the process, other things came to light he had not told Senator Lincoln about or that he felt, in fairness to her and out of respect for her, she should know about.
So on his own volition, without being prompted by anyone or anything, on April 11, 2003--this was over a year ago because this has been pending over a year--he voluntarily wrote Senator Lincoln a letter talking about some of these statements that had come out. He says in the 1980s he wrote letters to the editors in newspaper columns regarding the abortion issue using strident and harsh rhetoric. He goes on to say almost all of these are over 15 years old. He says, in a later paragraph:
As I stated in response to written questions from Senator
Durbin, I am especially troubled by the sentence about rape
victims in a 1980 letter to the editor regarding the proposed
Human Life Amendment; and as I said there, regardless of the
merits of the issue, the articulation of that sentence
reflects an insensitivity for which there is no excuse and
for which I apologize. . . .
Here again, he is talking about something he had written over 24 years ago. If we were to apply that same standard to us, if we could think back 24 years before we ever were in office or even 24 years ago for any of us, we would probably look back on some of our statements and not be real pleased with some of the things we said.
He goes on when he talks about a 1987 effort, when he was president of Arkansas Right to Life, and he says he asked a rhetorical question in the context of some columns and things that had been written and he mentioned Nazi Germany. One thing he says to Senator Leahy is: ``I did not intend to say that supporters of abortion rights should be equated with Nazis,'' and he spends a whole paragraph talking about this, trying to clarify and give the context for what he had said.
He also in his letter to Senator Lincoln wrote about this article he had written in his church newspaper. He says that ``the marital relationship symbolizes the relationship between Christ and the church.'' He stated:
. . . My wife and I believe that this teaching ennobles and
dignifies marriage and both partners in it. We do not believe
that this teaching demeans either the husband or the wife but
that it elevates both. It involves a mutual self-giving and
self-forgetting, a reciprocal gift of self. This teaching is
not inconsistent with the equality of all persons, male and
female . . .
Then he goes on to talk about that. So when we look back at these statements he made 17 years ago, 23 years ago, 24 years ago in one case, Leon Holmes, by his own words, comes to this conclusion in the last paragraph of his letter. He says:
Some of the criticisms directed at things I wrote years ago
are just; some of them are not. I hope that my legal career
as a whole, spanning the years 1982 through 2003, evidences
that I am now ready to assume the responsibility of a United
States District Court Judge. I certainly was not ready in 1980, nor for many years thereafter, and I do not claim that I was. . . .
In other words, he is admitting he had maybe crossed a line and there are some things he wished he had not said or wished he had said differently.
I will tell my colleagues about Leon Holmes. He is a very fine person. He is a very serious and very sincere Christian man. He is a husband, he is a father, and he is a lawyer. He is a man of very deep faith. In fact, his faith permeates every aspect of his life. I say that very sincerely because I know Leon. Some people might hear those words and say, listen, that means he has this rightwing agenda that when he gets on the bench he is going to do certain things and hold certain ways.
Well, Leon is much deeper than that. His agenda is justice. The hallmark that really distinguishes Leon from so many other people is integrity. He is a great example of integrity.
I have 23 letters. I promise I am not going to read them all. There are dozens more I could have brought with me. There is a saying in the Bible that if we do not testify about it the stones will cry out. Well, what we found in Arkansas is a swelling where the stones are crying out, except in this case they are not stones, they are people who have practiced with Leon and people who have practiced against Leon.
I have personally talked with dozens and dozens of lawyers in the State of Arkansas. I have asked them: Would Leon Holmes make a good Federal judge? In almost every single conversation, there is an unequivocal yes, he would be an outstanding Federal judge.
I will read some of these excerpts. Then I would like to turn this over to my colleague, the chairman of the Judiciary Committee. One excerpt is from a Federal district judge, Bill Wilson. I actually asked him to write this letter because I asked him about whether he thought Leon Holmes could be fair and impartial. As part of the explanation, Judge Wilson says before Leon was nominated and chosen for the bench, he was ``a New Deal, new frontier, great society Democrat, and unabashedly so.'' He goes on to talk about how Leon Holmes will have a detached objectivity, that he will set a standard all judges would be proud of. He concludes by saying:
I have seen Leon Holmes in action on several other
occasions, and he is a top-flight lawyer with the nicest
sense of personal honor. I believe this to be his reputation
with almost all the legal profession in Arkansas.
That is my impression as well.
Here is a letter from Philip Anderson. Philip Anderson may not be a household name, but Philip Anderson is the former president of the American Bar Association. He writes this paragraph:
I practiced law with Mr. Holmes for many years until he
withdrew from our firm two years ago. I believe that he is
superbly qualified for the position for which he has been
nominated. He is a scholar first, and he has had broad
experience in Federal court. He is a person of rock-solid
integrity and sterling character. He is compassionate and
even-handed. He has an innate sense of fairness. He is
temperamentally suited for the bench. He works with dispatch.
In short, he has all of the qualities that one would hope to
find in a Federal judge, and seldom are they found in a
person so amiable and with his degree of genuine humility.
In fact, I know Philip Anderson is a Democrat and was his law partner for a number of years.
Here is another one. This one is from Kristine Baker of Little Rock. She is a lawyer. She goes out of her way to point out she is a Democrat. She says: I do not always see eye to eye but I respect him and trust his judgment. Above all, he is fair.
She talks about his respect and his dignity, his intellect, his demeanor, his temperament, and his ability.
Here we have another letter. This one is actually from Tulsa, OK. It is from a lawyer named Dana Baldwin who used to practice in Little Rock. She is a native Arkansan. She said:
Despite occasional differences in my and Mr. Holmes' views
on social and political issues, I can speak highly of his
integrity and compassion for the law. . . .
She talks about his impartiality. She talks about his commitment to follow the law.
This letter is from Robin Carroll, who is a lawyer down in El Dorado,