Floor Statements

Mr. Speaker, I rise today to acknowledge a milestone reached by Marquis Alexander. He is the first African American to become commander of Texas A&M's Corps of Cadets. Currently Marquis is a Corporal in the U.S. Marine Reserves and a rising senior majoring in International Studies.

History of African-Americans at TAMU

The history of African-Americans at Texas A&M University dates back to the founding of the institution. African-Americans in the Texas Legislature advocated for and supported the passage of the Morrill Land-Grant Act in 1866, which established the A&M College of Texas between 1876 and 1963. African-Americans worked at A&M as laborers, maids, custodians and various other support staff; however they were prohibited from attending as students and faculty.

The history of African-Americans at A&M has been shaped by decades of racial segregation, quiet desegregation, and attempts to redress historical wrongs. It has been filled with lifelong struggles and determination to fulfill a dream which was accomplished when A&M opened the doors in 1963 to African Americans. The past 37 years have been a continuing struggle by African-Americans and A&M to ensure that the dream is kept alive.

The first African-Americans joined the corps in 1964. The first female cadets came a decade later. In A&M's centennial year, Fred McClure won election as body president, making him the first to be equal to that of Corps Commander and Aggie Yell Leader.

Civil Rights

Civil rights is a subject that cannot be ignored or taken lightly, even in this day of progressive movement toward tolerance. We must not lose sight of the continued need for civil rights. We must not relax our initiatives which build greater racial, ethnic, and religious tolerance. While I believe that there is still work to be done on the issue of civil rights and hurdles to overcome, we cannot ignore the progress that has been made as the result of decades of hard work, diligence, the sweat and tears of many of our country's civil rights trailblazers. This is evidenced by an increase in the numbers of minorities attaining leadership positions in the private and public sectors for example: Ken Chenault, an African American who currently serves as the CEO of American Express; Ursula Burns, who became the first African American woman to serve as Chairman and CEO of Xerox a Fortune 500 Company; and Antonio Perez, the first Latino American to serve as CEO of Eastman Kodak Corporation to name a few.

Background on Marquis Alexander

He is the oldest of 10 children and the first in his family to go to college. He is said to be an admirable and mature young man. Mr. Alexander is currently a Corporal in the Marine reserves. He has become the first person with military experience to head the Corps. Texas A&M University has the proud distinction of having the most graduates to enlist in our nation's armed forces when compared to other nonmilitary academies.

Marquis Alexander grew up in my home city of Houston! And our city is proud of his achievements. Marquis has always wanted to attend Texas A&M. He was so ``gung-ho'' military that he participated in Texas A&M's Junior Cadet Accessions Program while still in high school. A week after enlisting in the Marine Corps, he received his letter of acceptance to Texas A&M University.

Yet, true to his word and commitment, Alexander attended boot camp at the Marine Corps Recruit Depot in San Diego and spent a year and a half on active duty. He subsequently reverted from active duty status and is serving the remainder of his enlistment commitment in the Marine Corps Reserves. He reapplied for admission to Texas A&M in 2009 and was promptly accepted.

He was selected following a rigorous review process in which a host of cadets are considered when leadership selections are made each year. Soon he will assume duties as cadet colonel of the corps, the 2,100 member organization's top leadership position, also known as corps commander, and one of the three top positions on campus, along with that of student body President and Yell Leader.

Mr. Speaker, I commend Mr. Alexander for aiming high and continuing to strive above and beyond his primary goals of joining the military. He is a mentor and guiding light to those who know him. I congratulate Mr. Marquis Alexander on his achievement.

I thank Judge Hastings, I thank him very much for telling us the story of America, from spring cleaners to families that have held their businesses for a long period of time.

And I really wish I could join my friend. I know he's pleading for us to believe that any job will be created, but, frankly, the answer is that there is no requirement for jobs to be created under this tax bill.

What this tax bill does is complicate any manner of tax reform which Americans are begging for. It adds to the already burgeoning, growing Bush tax cuts. Now this added burden, $6 trillion in the combination package of the existing tax cuts under the Bush administration. It adds to the deficit of human life.

And let me just tell you about some young woman, a caretaker, a mother, maybe a mother who's at home and works at home, not only to take care of her children, but has a home business, or maybe a caretaker taking care of an elderly or disabled person. Let me tell you what these tax cuts will do. And this is what it equals.

It equals almost $180 billion in cuts and food stamps, where soldiers' families cannot eat and the caretakers cannot provide for their families. It equals to the increase in the Stafford loans to 6.8 percent in interest, where middle class families are priced out of higher education. It equals the cut in Medicaid to women who need access to health care.

And I don't know why we haven't addressed our good friends in the restaurant industry. These are the people whose doors are open and truly could hire an additional staff, who has the smallest margin of profit.

We're not doing anything for depreciation relief. No, we're sitting around giving the top 3 percent over one-half of this tax break, a big Christmas in the middle of April. 125,000 millionaires will get a check for $58,000, and then it'll cost a budget busting $46 billion.

In my own State of Texas, there's an article that says we're pricing the middle class, Congressman Hastings, out of higher education. They're investing in research, but tuition is going up and there's no relief. And the loans that we give from the Federal Government, as I said, will be almost 7 percent in interest in just about 70 days. This is what this tax cut will do.

I'm not afraid to stand up for small businesses, but you absolutely need to look at the framework. Five hundred employees. You could be a big law firm. You could be a big engineering firm. And God bless you; I want you to keep working. That's why I voted on the transportation bill. But what I need to have happen is that there is a requirement for jobs.

The stimulus package created 3 million jobs because we had a mission of shovel-ready projects, and, in addition, we gave monies to people who put the money out on the street.

I thank the distinguished gentleman.

But not in this case. No requirement for jobs. You want to sit here and tell at-home moms, working moms like the young woman that I wanted to tell you about who gets up early morning, doesn't get into a car, gets onto a bus, rides that bus to get her child to the school, jumps off the bus, makes sure she can run to the front door of the school, drops the child before the bus turns around to get her back; on the bus to go across town to get a job or to go to her work, you're cutting her access to health care because you're taking $46 billion.

Madam Speaker, all I can say to you: This is a budget buster on top of $6 trillion of which we are paying for the Bush cuts. We're doing nothing for restaurants, nothing for small businesses, and nothing for the working young woman that I've told you about this morning.

Mr. Speaker, I rise to salute the Access to Justice Committees of the American Bar Association from States all over the Nation and, particularly, my constituents that I just met with, the chair of the Access to Justice Committee, Judge Lindsey, and a number of others who have come to join us to again emphasize that when lawyers, as myself, take our oath of office and become members of the bar, we have an obligation and a duty to public service. That public service is to ensure that every American under the Constitution has access to justice, and to insist that they're able to be represented and their legal rights protected.

I beg that this House accept the $402 million that is the Senate mark for Access to Justice programs, and not the $328 million that is the House mark. Shame on us if we realize that more and more laws are complex, more and more Americans suffer, more and more Americans need help, more and more Americans are under foreclosure over the years. And even though we have worked hard in this government to restore those homes, they need legal rights. Let us support the funding for Access to Justice.

I join my colleague that just spoke on the vitality and the importance of STEM education. As a 12-year member of the Science Committee, I also had a sense of emotion as Discovery flew many times over this great democratic institution. That emotion compels me to continue to fight for a place for one of the shuttles in the hometown where it was born, the place where John F. Kennedy spoke at the Rice Hotel and inspired us to go into space, and that is Houston, Texas, NASA-Johnson. I look forward to that continued bipartisan effort to have an appropriate representation of the four shuttles back in Houston, where they belong.

I rise today as well to speak about a number of things. I believe it's important for my colleagues to sort of look at a series of issues. I support the Buffett Rule, not because I believe in any kind of class warfare. I celebrate capitalism and applaud Mr. Buffett and others. But it is a good way to raise revenue and bring down the deficit.

We, of course, will be dealing with a bill proposed by my Republican friends on the other side of the aisle. The only thing that they will do is enhance the pocket money of people who don't need it. There is an unfairness in the Tax Code. I would join in a bipartisan way to look at it. In making the Tax Code fair, I would hope that we would be able to bring down the deficit. But the bill that we will see, as I said, will increase the pocket change of millionaires. It will be a job killer. And, of course, it will cut the Medicare guarantees of those who have worked hard for their children and grandchildren. I cannot support legislation that isn't fair and balanced. I would plead to my colleagues to find the middle ground--a fair Tax Code, bringing down the deficit.

I would encourage them to look at H.R. 3710, an energy bill. I have practiced oil and gas law for 15 years. It addresses the question of the wetlands, it uses exploration dollars to bring down the deficit, and it allows expanded exploration in the gulf region, a process that has been vetted by many energy organizations, energy companies, and they believe that is a bipartisan approach. H.R. 3710 is ready for the combined work of all of us.

I also believe it's important to speak about the value of education in several ways. And I'm here today to join in H.R. 3826, proudly so, that stands with students who now carry the bulk of the debt in America--credit debt. These are students who are simply trying to, as my colleague just said, study science, technology, engineering, and math. In about 74 days, the interest rates on Stafford loans will triple to 6.8 percent. You may have borrowed at 2 percent, and here we are talking about it going up to 6.8 percent. I, with every fiber in my body, stand against that. I'm going to stand with the students and parents who have children in school. We can win this thing. We must have a legislative action to stop that stealing of money from our children, who are simply trying to be in the best colleges, the State colleges, and to be educated.

Parents, wake up. In 74 days, the interest rate on your children's loans is going up to 6.8 percent. Call our offices, get on our Web sites, and beg us to pass H.R. 3826 by my good friend Mr. Courtney from Connecticut. Please, I beg of you. And I will be there with you. From Texas Southern University to the University of Houston to Houston Baptist to the Houston Community College, we're going to work on this.

Let me also move very quickly, Mr. Speaker, to the fact that this is the fifth-year commemoration of the terrible killings at Texas Tech. This Congress has been charged with being fearful of dealing with gun legislation. Over the years, I have introduced the Child Gun Safety and Gun Access Prevention bill. I have, in fact, supported bills dealing with gun checks and to close gun loopholes at gun shows. I have supported bills to stop the proliferation of assault weapons. Not bills against the Second Amendment, but bills that would have stopped Mr. Zimmerman from recklessly walking around with a 9 millimeter, and he was only supposed to be the eyes and ears of his neighborhood.

Mr. Speaker, I join in a bipartisan manner, even to the extent of saying we must clean up the Secret Service--I support Mr. Sullivan--and even clean up the GSA, because Gilbane, which has received stimulus dollars from the GSA, has refused to be diverse. To the CEO of Gilbane, this Congressperson you need to call. You are an unfair company, and you're using Federal dollars from the GSA in an inappropriate way. No diverse workforce, and no small businesses.

Mr. Speaker, I rise because I truly believe we can do better. I join my colleague from Texas to speak and raise the question of: What was the GSA, the General Services Administration, thinking? There are a lot of good workers and we should not attribute to them bad acts, but it was such poor judgment--$800,000 to be spent recklessly on party hearty.

But I also want to raise the question of the contracts that the GSA sends out. In the instance of the stimulus dollars, my Federal building has been rehabbed under the stimulus moneys to create jobs, and we can't get the contractor, Gilbane, to address the question of diversity in the workforce or diversity in contractors. What a terrible shame. There has been some hard work and some attention, but not the hard press that should come about when you seek fairness.

Mr. Speaker, I also want to mention the fact that I'm supporting Mr. Courtney's bill, of Connecticut, because it is a shame to double, triple the interest rates on loans that college students need to provide for their education.

Finally, I want to say that NASA has sent the Discovery to the Smithsonian. I want a shuttle in Houston, and we're never giving up until we get it. We are the historic home for the shuttle.

Mr. Speaker. I was in Colombia, South America, this past week with the President for what was an outstanding discussion among 30 Presidents, including the President of the United States. The meeting reenforced our commitment to South America and Central America on business opportunities, small business opportunities, human rights, and the controlling of drug trafficking.

At the same time, we had to, in essence, listen and hear about a horrible action that occurred by members of the Secret Service. This does not undermine the Secret Service's long years of service for 147 years, but there must be accountability.

I do not think that we should cede any authority to the House Oversight Committee. This is a question of Homeland Security and national security, and we must begin to act immediately for a full investigation.

Finally, on the General Services Administration, it should be cleaned up and cleaned out. I know for a fact that is true because monies that are being spent on the Mickey Leland Federal Building--the contractor is Gilbane. They are adhering to no rules regarding small businesses, minority-owned businesses, diversity and workforce, nothing at all. They are overseen by the General Service Administration, which has done absolutely nothing to rein in companies like Gilbane that have done nothing as it relates to diversity of small business and are doing nothing to adhere to the American value that everybody must have an opportunity under Federal funding.

GSA, clean up your act.

Let me thank the gentlelady again for her leadership--I like to call her Dr. Christensen--and for, as my colleague from California indicated, for allowing us to have a vote on a regular basis on behalf of all of America, my constituency, and certainly on behalf of the Congressional Black Caucus, of which I'll never step away from its definition as the conscience of this Congress, but the conscience of America.

I want to thank my colleague, the Honorable Barbara Lee, who knows what justice and fighting for freedom is all about. I'm reminded of the very unique history of Oakland, California, and I think of the movement of justice through the Black Panthers of early years, who did many things; but I remember them for their early breakfasts and nutrition programs, and I call that justice. Let me just thank her for her leadership on this and on many other issues.

To my colleague from the District of Columbia, the Honorable Eleanor Holmes Norton, let me thank her as well. Let me indicate that this is Emancipation Day. As I understand, there's a big parade. And President Lincoln, just a few steps away from us, signed the freeing of the slaves in Washington, D.C. You don't know the history of the District of Columbia until you hear it from Eleanor Holmes Norton, and I thank her very much. And I know of her friendship and closeness to John Payton.

One of my dear friends and former Federal judges that I know Eleanor Holmes Norton knows, Judge Gabrielle McDonald, likewise came to a similar history. We have talked. I was an Earl Warren legal scholar. And so I know the journey that so many have traveled.

So this is a personal statement as I rise to salute John Payton and also acknowledge his wife, Gay McDougall. And I want to say this on behalf of my husband, Dr. Elwyn C. Lee, a graduate of Yale Law School and who knew Gay very well, and I knew her. What a perfect match and a family of justice fighters, of human rights fighters, of individuals who could be as eloquent on the question of HIV/AIDS, international plagues and devastation that impacts so many vulnerable communities, here they are discussing the worldwide siege of AIDS upon individuals but, likewise, can come home and march along the road of justice here in the United States of America.

I learned in law school that the law--and I know that Congresswoman Holmes Norton still teaches--I know the law is a jealous mistress. I would say to you that I found that out. Obviously, I'm now in the United States Congress. But I love the law. I love the purpose and value of lawyers. And I encourage young lawyers that if they want to read a story of sacrifice and someone who epitomizes that it's a jealous mistress, read the history of John Adolphus Payton, born in 1946 and passed this past March 22 in Baltimore, Maryland. He, obviously, is from California, but with a law degree from Harvard Law School. That means that the world was his oyster, and it was open to any manner of choice that he could have made in his lifetime. He was a Federal clerk, but he managed to start his life at WilmerHale, which used to be, I believe, Wilmer Cutler & Pickering, which is where my husband practiced law here in D.C. for a number of years.

What I like most of all is that his reach was so far on the Independent Electoral Commission in South Africa, again, looking for justice. President of the District of Columbia Bar, but he found his way to his calling. He found his way to answer the opportunities that he was given.

Being a 1977 graduate of Harvard Law School, he stood on the shoulders of Thurgood Marshall, a graduate of Howard Law School. He stood on the shoulders of the giants that graduated from law school in Arkansas and the other giants that graduated from Howard, and I think he found his comfort level at the NAACP Legal Defense Fund, becoming the sixth president.

My classmate, Elaine Jones, served in that capacity for a very long time, graduating from the University of Virginia Law School. Today, in the wonderful tributes, she was part of that wonderful memorial service that was held here in Washington, D.C., along with a number of other giants.

Let me just say to you that when we think of justice, we have a combination, from the civil rights leaders to the fallen; Dr. King on the balcony in Memphis, Tennessee. But do we know all the lawyers that were part of the matrix of justice, from Thurgood, who held the hand of Dr. King and a number of civil rights leaders, one after another, some of our giant lawyers down in Alabama and Mississippi who were there to bond them out, to petition their case.

In the likes of those, John Payton became an unselfish fighter for justice,

from his, what I call, victory of Richmond v. Croson, in a 5 4 decision--it was a victory--where he attempted to maintain the affirmative action plan that established just a simple process of assisting businesses to receive opportunities. I want you to know today that because of lawsuits like that, we are suffering in cities all around America because there were those who believed that just a smidgeon of opportunity was too much.

Right in my own city of Houston, under the General Services Administration that I hope will be cleaned up--and I know there are good people there--we have Gilbane, a major company, using stimulus dollars and having no concern about the in-depth minority participation of small businesses--the GSA hopeless and helpless at being able to do anything--and having a nondiverse workforce. Gilbane. Let the number go out as an example of what John Payton was fighting against.

Then, of course, his valiant fight in 2003 at the University of Michigan, the affirmative action case that is maintained today as he defended the school's use of race as their admission processes--again, not using it destructively. That is, I think, one of the arguments that is not a legal argument, but he found a way to justify--the trial court of appeals and the U.S. Supreme Court defending undergraduate school's use of race in their admissions processes and the loss in the United States Supreme Court by 6 3--but in any event, maintaining the fight and taking cases that were not popular.

John, thank you. Thank you, Gay, for sharing him.

And then a 2009 case, Northwest Austin Municipal Utility District Number One v. Holder. The municipal district in Austin, my State, challenged the validity of section 5 of the Voting Rights Act. Payton assisted in the arguments, leading to the Supreme Court's 8 1 decision upholding section 5.

He was our firewall. On the question of section 2 and section 5, he was the holder of the truth, the arbiter, the outside partner to the Department of Justice that wanted and needed to do right.

Finally, the local attorney for the plaintiff in 2010, Lewis v. City of Chicago, in which a group of African Americans seeking to be firefighters contended that they had properly filed a charge of discrimination. It is my understanding that that case has moved along and that John prevailed so that truth would be the call of the day. It is important to hold him up as the man of armor who is nonviolent. And he held as his victory call the Constitution and the laws that were passed to help the unempowered.

I've always said that the Voting Rights Act is not the black Voting Rights Act or the Hispanic Voting Rights Act. It is the Voting Rights Act to have one vote, one person for every single American. My hat goes off to John Payton, and I salute him as a soldier on the battlefield for justice, for what is right, never wavering with his quiet demeanor, and for his strength in the courthouse.

I ask the NAACP Legal Defense Fund to stay the course. I ask you to never whimper and never weaken. And I say to you that your soldier is going on to be a general in the justice cause in a place beyond. I beg of you to carry forward.

Let me just read these citations that were in honor of him, just very briefly, from a statement from the LDF, where they spoke about the city of Chicago, the Lewis case, which vindicated the rights of over 6,000 applicants. As I indicated, that case prevailed. They called him fearless, a guiding light, a brilliant advocate, a mentor and a teacher who believed that American democracy thrives when it embraces all of our voices. Thank you to the Legal Defense Fund. And then, from one of the major law firms, partner Walter Dellinger had this to say:

John Payton was a towering figure. He was just flat-out

brilliant and combined that intellectual power with a deep

and empathetic commitment to justice. Everyone who knew John

will remember forever his infectious good spirit and

uninhibited laugh. Every encounter with John was a learning

experience.

Let me close on this note because I know that John would have been in the midst of discussing this travesty of justice as relates to Trayvon Martin. Trayvon obviously was a symbol of the injustice of this Nation when police and a State prosecutor became judge and jury. I don't want to interfere with the process of justice. Mr. Zimmerman is arrested. But let us not rest on our laurels because we pushed for the arrest that should have been. We know that there will be a rocky road proceeding toward holding Mr. Zimmerman accountable.

More importantly, let me make it very clear on the floor of the House that every mode of justice that is needed for a fair trial I support. If it is to remove the judge, as the defense has asked for, let that be considered in an unbiased manner. If by chance the prosecution asks for a change of venue because this jury pool in this region will be tainted, then so be it.

But what we must also say--and let me be very clear--I, as a Democrat, and I hope my friends on the other side, are not afraid of dealing with gun violence and the overuse of guns in America, as responsible legislators should be. And so to my good friend, Bill Cosby, let me say to you that the call has been answered many times. There are many bills dealing with gun violence. There are many bills to rein in the reckless use of guns, the use of the assault weapons, the issue of individuals not being checked at gun shows and the gun show loophole. It only takes responsible leadership to move it forward. And I salute the Brady Center that will be with us in Washington tomorrow for recognizing that there are people who are willing to take a stand-- not against your Second Amendment rights. God bless you for those rights. You have those rights. I celebrate those rights.

But I cannot celebrate the fact that a man that was on the Neighborhood Watch, which is the eyes and ears, was walking around with a 9-millimeter and shot dead an unarmed, helpless 17-year-old boy and snuffed his life out because we refused to address the question of everyone being able to carry a gun, whether trained or not. Mr. Zimmerman was not a police officer and should not have acted as if he was the law, the judge, and the jury.

So to my good friends on the floor who will come up after me, let me just end my note by saying to John Payton, in instances like Trayvon, I know that your voice would have been heard on the civil rights of the question, but your voice had been heard through places where many of us were not there and did not know. And so I agree, and salute the words that were offered in tribute to you by so many of your colleagues, certainly these last words that indicate that you were, in fact, fearless; you were, in fact, a guiding light; you were, in fact, a brilliant advocate, mentor, and teacher; you were, in fact, an eagle with wings who stood widespread over America, and when there was a doubt about justice, you led the troops of the NAACP in a nonviolent, Constitutional law-saturated effort to ensure that justice would be done.

May God rest your soul for a job well done, good and faithful servant, and may your family and Gay know how much we loved you and appreciated the war that you waged for justice.

Mr. Speaker, I rise today to speak about justice in America.

Thank you Congresswoman Christensen, and my other CBC colleagues. I appreciate your leadership in convening this Special Order on Justice, Trayvon Martin, and our good friend John Payton of the NAACP Legal Defense Fund.

How ironic that in the span of a couple of months in a historic election year, we lose one of our precious youths to a senseless and irresponsible act of injustice; while at the same time, a man who in the tradition of the late, great Justice Thurgood Marshall, dedicated his life to paving the long, winding road of justice so that the Trayvon Martins of the world could live life, go to school, and travel Westward and Eastward, as they pleased.

That did not happen in Trayvon's case, and that is why I believe these issues of justice are of the utmost importance. It is necessary to figure out the best possible way for this Congress to be involved in addressing racial profiling and hate crimes.

Before we begin I wish to offer my deepest condolences to the family of Trayvon Martin. I was pleased that the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) have begun to investigate the circumstances surrounding the tragic death of Trayvon.

And as most of us are surely aware, there was finally an arrest in the case last week of

the man with the gun, who shot the boy, which will get the wheels of justice to start turning.

I hosted a rally in Trayvon's honor in Houston, TX and just returned from another rally in Miami held several weeks ago. There were hundreds of men, women and children all asking for justice. ``I am Trayvon Martin'' and ``We are all Trayvon Martin.'' This case has captured the nation's and indeed the world's attention, as many folks around the world ask what's going on in the United States, the nation which touts liberty and justice on its coins, dollars, and in our engagements with those in the international community.

John Payton, the sixth Director-Counsel and President of the NAACP Legal Defense and Educational Fund, left us late last month, at the age of sixty-five. But his legacy did not leave.

John Payton was one of the most formidable advocates of his generation, and he litigated and argued some of the most important civil rights cases of his time.

In a legal career that spanned private practice, government service, and public interest law. He led the litigation department of the venerable Wilmer, Cutler & Pickering law firm, served as corporation counsel for the District of Columbia, and until the very end, led the NAACP Legal Defense Fund.

A true warrior for justice, John litigated case before the Supreme Court, such as, NAACP v. Claiborne Hardware, in which he won a decision in the U.S. Supreme Court overturning a monetary judgment against the organization under Mississippi's secondary boycott law;

City of Richmond v. J.A. Croson Co., in which he ably, albeit unsuccessfully, defended a minority contracting municipal ordinance; and perhaps most notably, two cases in which he defended the University of Michigan's pursuit of diversity in admissions,

Gratz v. Bollinger, and Grutter v. Bollinger. Most recently, in 2010, John successfully argued and won Williams v. City of Chicago,an employment discrimination case against the city's fire department. Under his leadership LDF won five Supreme Court cases, including a successful defense of the recently extended Voting Rights Act.

I had the privilege of knowing John Payton for many years. It is said that success has many parents, while failure is an orphan. There were many who were responsible for the 2003 landmark affirmative action cases that saved diversity in higher education, thereby keeping the doors open to selective colleges, universities, graduate and professional schools. John litigated both cases in the trial courts, in the court of appeals, and in the Supreme Court. He argued Gratz, and his work was essential to the victory in Grutter.

John's was a passionate voice for racial and social justice. But even in the toughest cases--in which the odds were stacked against his side particularly in the current Supreme Court--John's work and his voice were no less forceful, excellent, and passionate.

When the Supreme Court struck down Richmond, Virginia's minority contracting program in City of Richmond v. Croson by a narrow 5 4 vote, it was in spite of the Herculean effort put in by John Payton and his staff.

It is important to recall that the U.S. Supreme Court has narrowly approved of congressionally mandated racial preferences to allocate the benefits of contracts on federally sponsored public works projects, while generally condemning similar actions taken by state and local entities to promote public contracting opportunities for minority entrepreneurs, which came about because of years and years of de facto and de jure discrimination; some of it documented, but certainly much of it not. Bad actors usually do not leave their scripts lying around.

Disputes prior to City of Richmond v. J.A. Croson generated divergent views as to whether state affirmative action measures for the benefit of racial minorities were subject to the same ``strict scrutiny'' as applied to ``invidious'' racial discrimination under the Equal Protection Clause, an ``intermediate'' standard resembling the test for gender-based classifications, or simple rationality.

In Croson, a 5 to 4 majority resolved that while ``race- conscious'' remedies could be legislated in response to proven past discrimination by the affected governmental entities, ``racial balancing'' untailored to ``specific'' and ``identified'' evidence of minority exclusion was impermissible.

John had done the best that could be done, and a Supreme Court increasingly hostile to programs and efforts specifically designed to include African Americans and others who had been historically excluded from opportunity was on its way to becoming a forum in which they were unlikely to win.

Yet John, in the aftermath of Croson, tirelessly traveled the Country, meeting with attorneys in the public and private sectors in an effort to properly craft contracting programs and to ameliorate the effects of the decision. John did not accept defeat. He simply went back to work.

I thank the gentleman very much.

Mr. Speaker, unemployment is going down, but there are people still unemployed. Right now we have a Senate bill on transportation, and many don't understand what that means. There is a wide gamut of highways and mass transit and infrastructure ready to be signed by the President of the United States so that millions of Americans can go to work, and this body won't allow us to vote for a bill that has already passed the Senate.

Higher funding levels to be able to build, build, build. More jobs, 1.9 million annualized. Buy America, do I love it. Buy America, making sure that we buy the products right here in America so that not only are we building with American workers but are also supplied by them. Providing guaranteed transit funding for all of America. The crumbling transit infrastructure, we're providing for it. And in Houston, Texas, we need those moneys, and we need the operational moneys.

So here's my point: Unemployment is going down. The President is moving forward on employing and empowering Americans. And they won't put the Senate bill, the bipartisan bill, on the floor.

Today we need to vote for the jobs here in America. I ask for a ``no'' vote on the rule.

Mr. Speaker, on rollcall No. 146 for H.R. 4281, I was detained because of meeting with constituents to allow the Senate Transportation bill to come to the Floor to save jobs and support new construction for transportation and infrastructure. Had I been present, I would have voted ``nay.''

Mr. FILNER. Mr. Speaker, on rollcall 146, I was away from the Capitol due to prior commitments to my constituents. Had I been present, I would have voted ``nay.''

Mr. Speaker, just last week, I had the privilege of coordinating and working with other Members of Congress to hold a briefing with Judiciary Committee members to discuss the jurisdiction of the hate crimes. We were privileged at that time, in the midst of their mourning, to have there the parents of Trayvon Martin. I had the further privilege, though not wanted, to be in Sanford, Florida, before their city commission in order to discuss the absolute dereliction of duty that occurred in this terrible tragedy.

Now, many have raised the question of race. Let me be very clear: the race question comes into factor only because of jurisdictional Federal laws with which they are now investigating this case; but this is a case for every American and every parent. As our Speaker did, it is a case to which everyone can ask the simple question. The State and Federal jurisdictions are looking at this, and they should review it. For those of us who believe that the perpetrator should be arrested, we maintain that. He should have been arrested and should be arrested; but this is a question for every parent:

When you send your children out to get Skittles and a tea, whether they should come back alive or whether you should have to find them in a morgue.

I remain persistent on finding justice for Trayvon but also justice for all of the other young people and others who have been victims of crimes like this, with guns, where people have used their language of suspiciousness and where all they were doing is walking on the streets of America.

Mr. Speaker, many people are smiling about the argument in the Supreme Court on the Affordable Care Act, ObamaCare, but I will tell you those children born with sickle cell and asthma are praying that ObamaCare survives. Those elderly persons who fall into the doughnut hole with Medicare part D are praying for ObamaCare to survive. I am as well, Mr. Speaker, because I believe in a humanitarian approach in service to our Nation: Help those who cannot help themselves.

As we look forward to a vigorous debate on this Republican budget, I hope that we stand together against ending Medicare, destroying jobs, and moving forward on the lopsided help that we give to the wealthy over the poor.

Victimizing the Victim

I also want to say that Trayvon Martin's parents were here yesterday, and I want to stand against victimizing the victim. We say to them in a forceful way that it is important for justice to be done, that justice is to assure the arrest of Mr. Zimmerman, who will not be alleged guilty but will be innocent until proven guilty.

Now is the time to heal this Nation and to recognize that this case must move forward with justice for a little boy.

I thank the chairman of the Congressional Black Caucus for yielding to me and, again, join my colleagues in thanking him for his leadership, as well as the chairman of our CBC Budget Committee, Mr. Scott, the work that Congresswoman Moore does on this committee, and all the others that have gathered here.

And I thank my good friend for a vigorous debate. I would only say to you that in the course of our debate this evening and today, we've heard of the mountain of debt and the need to cut, cut, cut. It is all right to have a difference of opinion, but what I would argue is that there are documented economists that say that if you invest in human capital, if you invest in people, then you build up the economy, you make things, you make things in America.

I don't want to leave Americans, if you will, on the trash heap of despair. I don't want to leave bodies straddled all along the highways, those who are knocking on doors of colleges, those who are trying to get into primary and secondary education, seniors who are cast out on the streets out of nursing homes. That's where we're going.

I thank the gentleman.

So I am standing here to try to end the elimination of Medicare and the destruction of jobs and the taking of money from the poor.

The CBC budget is responsible in that it's ending the mortgage interest deductions for vacation homes and yachts. It provides additional tax relief for the middle class. It provides a $25 billion increase for education and job training; $50 billion in transportation infrastructure, creating jobs; rolling back the harmful cuts to American Federal employees, recognizing that they provide services that are needed; $12 billion above the President's budget regarding NASA, with advanced research and development programs--that's the genius of the 21st century, providing more funding for the National Science Foundation.

And, yes, we believe in justice. We support full funding of the Department of Justice, with funding for Cops on the Beat, Second Chance, the civil rights division. I will tell you that the message tonight has to be that we don't want to take food from poor people. We don't want to make it harder for low-income students to get a college degree, squeeze funding for research, education, infrastructure. We want to take people off that trash heap of despair and let them walk into glory. Let's support the CBC budget.

I thank the gentleman from California for his leadership, along with Congressmen Grijalva and Ellison.

I rise to support the Congressional Progressive Caucus budget. I announce today that the Republican budget, according to the Economic Policy Institute, is a job killer--1.3 million jobs will be lost in 2013, 2.8 million jobs will be lost in 2014, and 4.1 million jobs will be lost in 2015.

It will also, in essence, defund the Affordable Care Act, which will eliminate access to health care for many women dealing with reproductive health, dealing with essential health benefits, and also coverage of family planning services. It will cut $1.7 trillion from Medicaid. But the Budget for All will provide a direct opportunity for the School Improvement Corps, the Park Improvement Corps, and Student Job Corps, creating jobs.

It will save TRICARE and personnel. The CBC budget doesn't impact personnel, wages and benefits and pensions for our soldiers, but it ends the wars in Afghanistan and Iraq and saves money in doing so.

It extends the earned income tax credit and the child and dependent care credit. It responsibly and expeditiously ends all of our military presence, but, more importantly, it creates an atmosphere for economic improvement and development by providing jobs to our young people, stopping the taking away of the lifeline of Medicaid.

Support the Budget for All. Support the Congressional Progressive Caucus budget.

Mr. Speaker, today I was unavoidably detained on the following votes:

On rollcall 134, the Crowley amendment, I would have voted ``aye.'' On rollcall vote 135, the Eshoo amendment, I would have voted ``aye.'' On rollcall vote No. 136, the Owens amendment, I would have voted ``aye.''

Mr. Speaker, I was unavoidably detained yesterday evening on business.

On H.R. 2779, rollcall vote No. 127, I would have voted ``yea''; H.R. 2682, rollcall vote No. 128, I would have voted ``yea''; and rollcall vote No. 129, I would have voted ``no.''

Mr. Speaker, today a number of postmasters from the United States Postal Service were in my office, and they had a very good idea about how important the U.S. Postal Service is, the jobs that it creates, and how we should find solutions.

In my own community, heavily occupied by seniors, they cried out when post offices were closed that were close to their community, where they were able to walk and secure their checks. Some of them like to come directly to handle their business. We are better than closing down post offices in rural and urban America, and we're better than not finding a solution to employ hardworking Americans in an efficient and effective manner.

I look forward to working with our postal family, those hardworking Americans all across America who have been the good Samaritans to determine whether our seniors were in need of bringing medicine to homebound patients, bringing information and helping small businesses.

We can work to solve this problem efficiently and effectively.