Remarks Of Senator Mitch McConnell On The Nomination Of John Roberts To The Supreme Court
Remarks Of Senator Mitch McConnell On The Nomination Of John Roberts To The Supreme Court
U.S. Senator Mitch McConnell delivered the following statement today on the Senate floor on the nomination of John Roberts to the United States Supreme Court:
"Mr. President, I rise today to commend the President on his choice of John Roberts to be an Associate Justice of the United States Supreme Court. Judge Roberts has an impressive record. He has keen intellect, sterling integrity, and a judicious temperament. Most importantly, Judge Roberts will faithfully interpret the Constitution, not legislate from the bench. He has earned the respect of his colleagues, and I am confident he will make a fine addition to the Supreme Court.
"Raised in Indiana, a neighboring state to my own Kentucky, Judge Roberts is a son of the Midwest who went on to argue a remarkable 39 cases before the Supreme Courtmore than virtually any other member of the Supreme Court bar. He graduated summa cum laude from Harvard, and then graduated with high honors from Harvard Law School where he served as an editor of the Harvard Law Review.
"He clerked for Chief Justice William Rehnquist, when Rehnquist was an Associate Justice, and served various positions in the Justice Department. Now he serves with distinction on the D.C. Circuit Court of Appeals -- often referred to as the second-highest court in the land -- after the Senate unanimously confirmed him to that position in 2003.
"Mr. President, the President has discharged his constitutional obligation under Article II, Section 2 to nominate justices of the Supreme Court. He has chosen a truly outstanding nominee. It is now our job to provide advice and consent. In doing so, we should follow basically three principles:
We should treat Judge Roberts with dignity and respect.
We should have a fair process.
And we should complete that process with either an up or down vote in time for the Court to be at full strength for its new term on October 3 of this year.
"These principles are simple and sound. Unfortunately, Mr. President, the Senate has not always followed them. As to the first principle, the Senate has not always treated the judicial nominees of Republican Presidents with respect.
"Last Friday, I recounted how some of our colleagues spoke harshly about Justice Souter's fitness for office. Our colleagues' harsh criticism of Justice Souter was hardly unique. President George Herbert Walker Bush's other Supreme Court nominee, Justice Clarence Thomas, suffered far worse attacks.
"By engaging in an unprecedented level of consultation, the President has respected the views of senators. Now, senators ought to reciprocate and treat Judge Roberts with the same dignity and respect that we afforded President Clinton's Supreme Court nominees.
"The Senate did not defeat Justice Ginsburg's nomination even though she had argued in her capacity as a private lawyer for such provocative positions as abolishing "Mother's Day" and "Father's Day" in favor of a uni-sex "Parent's Day," and for other, even more colorful, positions.
"Similarly, we should not caricature Judge Roberts' beliefs or views. We should not attribute to him the actions of clients he has represented. We should not criticize Judge Roberts because his position in a particular case did not mirror a senator's personal policy preferences.
"Nor, when it comes to a fair process, should we require Judge Roberts to prejudge cases, or pre-commit to deciding certain issues in a certain way. We should respect the fact that he may place himself in a compromising position by doing so, just as we did with Justice O'Connor, Justice Ginsburg, and other nominees who have come before us in the past.
"The inquiry should be thorough but fair. Slow-walking the process beyond historical norms and engaging in a "paper chase" simply to delay a timely up or down vote are not hallmarks of a fair process.
"The Supreme Court begins its new term on October 3. As Senator Frist noted, the average time from nomination to confirmation for the current justices was 62 days, and the average time from nomination to confirmation for President Clinton's nominees was 58 days. Justice Ginsburg was confirmed in only 42 days.
"The Senate has 72 days to complete action on Judge Robert's nomination in time for him to join the Court by the start of its new term on October 3. By any standard, that is a fair goal.
"What is not fair and what is, quite frankly, a little curious is for some of our colleagues, who, before having heard one word of testimony, have already come up with excuses as to why we should depart from this historical standard. It is disturbing that they seek to justify, so far in advance, why the Court should begin its proceedings at less than full strength.
"Mr. President, we on this side of the aisle are not asking the Senate to change its practices or standards. We are not asking that this President be treated better than his immediate predecessor. We are asking for equal treatment. Let's treat President Bush's nominees like we treated President Clinton's nominees.
"I am hopeful that the respect that the President has shown the Senate will be reciprocated, and that our handling of Judge Roberts' nomination will bring credit to the United States Senate.
"I thank the Chair, and I yield the floor."
http://mcconnell.senate.gov/record.cfm?id=241054&start=1