Pelosi Remarks at Judge James R. Browning Courthouse Centennial Event

Pelosi Remarks at Judge James R. Browning Courthouse Centennial Event

Monday, August 29, 2005

"Thank you very much Judge Bea, at least I thought that's who you were in costume there. Thank you so much for your kind introduction.

"It's an honor to be here with each of you on this very special occasion to celebrate the centennial of this magnificent building and to honor Judge Browning, our very special friend.

"And what a great honor for all of us that we're joined by Senator Baucus from Montana -Judge Browning's home state. Thank you, Senator Baucus for honoring us with your presence, for your extraordinary leadership in the United States Senate and most recently for being a champion for saving Social Security for the American people. Thank you Senator Baucus.

"You know, on occasions like today, and when Judge Schroeder was sworn in as presiding judge, we had visitors from Arizona who took great pride in her leadership, as do all of us. This 9th Circuit is just a very all-American court, and people come from all over the country to observe important occasions in the life of this court. Presiding Judge Schroeder, thank you for your leadership.

"And to all the Judges, Judge Walker, Judge Schroeder, of course Judge Nelson, Judge Hug, Judge Patel, Judge Berzon: it is a distinct honor to participate in this centennial occasion with all of you, and especially Judge Browning, We are all so delighted today that we can call this magnificent courthouse the James R. Browning United States Courthouse.

"To quote a friend of yours, Mike Traynor, "a great and sturdy courthouse needs the name of a great and sturdy judge." That would be you, Judge Browning.

"It was an honor to be able to help name this courthouse after one of America's great jurists. I was pleased to present the bill in the House, and to work with Senator Boxer, Senate Minority Leader Reid and Senator Baucus to make sure the legislation passed the Senate. In doing so, we made sure everyone knew of your distinguished service to our country, and that you served admirably as an appellate judge for forty years and brought great innovation as presiding judge.

"The earthquake that was mentioned shook this building, and though it bent it a bit, it did not break it. I know that earlier you had a reenactment with words from the original congressperson who got the two million dollar appropriation a hundred years ago. It took over a hundred million dollars to rehab it back after the earthquake, but it was worth it. It's so beautiful.

"We worked to strengthen its foundation, to restore its beauty and to make it one of the first historic and technologically smart buildings in the country. We have respect for the past and an eye on the future.

"I remember the day it opened, and what a source of pride its resplendent architecture was and continues to be in our community.

"We celebrate the 100th Anniversary of this building, now the James R. Browning Courthouse. But we also note that the world is quite a different place since then. Of course, women did not have the right to vote. The legal profession did not have the wonderful diversity it has today. We see remarkable and unmistakable progress of where we have come as a society in that hundred years.

"And the one constant that made this progress possible was our constitutional framework - the rule of law and the protection of individual rights under the Constitution, secured by an independent judiciary, a mark of the checks and balances and three co-equal branches of government. That is the commitment that I am sure all of us in this room have.

"It is not the commitment that all the people in the building where I serve in Washington, DC have, however. And I think it bears noting because we have a challenge.

"It is the independence of the judiciary and judges with uncommon courage that gives meaning to the Constitution - especially in securing civil rights and equal protection under the law. Imagine a world without Brown v. Board of Education, and all of the civil rights and human rights that have ensued from then.

"However, we gather here at a time of great challenge to this very independence. Earlier this month, the policy-setting body of the American Bar Association was compelled to unanimously resolve that it "deplores attacks on the independence of the judiciary that demean the judiciary as a separate and co-equal branch of government." And it declared that "a fair, impartial and independent judiciary is fundamental to a free society."

"Imagine that they felt compelled to make that statement, "a free and independent judiciary." We tell other countries it is the sign of a free society, and yet we have to reassert and reaffirm that principle in our own country.

"And yet, some Congressional leaders inexcusably seek to undermine the independence of the judiciary and our separation of powers. They give imprimatur to incendiary rhetoric, and in the Terri Schiavo case threatened to impeach judges for their judicial decisions. Some have even tried to cut the funding of the Supreme Court in response to the Kelo decision that they did not like. These actions reflect a profound disregard of constitutional order.

"And I know that today is day of celebration, but what we're celebrating is not only the bricks and mortar of this building and not only the magnificent contribution of Judge Browning, but also what this is all about - our Constitution, our country.

"Especially troubling are court-stripping proposals. We've had them regularly in the House. Imagine: they passed a bill including unconstitutional provisions by simple majority, and included provisions stripping the courts, including the Supreme Court of any judicial review.

"And in their arguments, in House Committees and on the floor, they say that Marbury v. Madison was wrongly decided - they say this, this is matter of public record - and that the independence of the judiciary is not clearly defined in the Constitution of the United States.

"So we have a lot of work to do, even on a day like today when we are engaged in the ritual of honoring those who've served so well and celebrating what this wonderful edifice has stood for and continues to.

"In that spirit, I congratulate Justice Browning for his exceptional service to our country. In that spirit we will fight those who do not understand that checks and balances means three, not two, co-equal branches of government.

"The independence of the judiciary is essential to our free society. It bears repeating, I think.

"This courthouse, appropriately named for Judge Browning, contains the hopes and aspirations of a just society and a free people. Let us express gratitude to all judges serving in this courthouse, now and in the future, for your courage and your dedication.

"Let us honor our independent judiciary that nobly serves as our guardians, protects our Constitution and our liberties, and renders equal justice under the law. And in honoring Judge Browning over and over again let us protect and defend the Constitution of the United States, which is the oath of office that we all take. Congratulation Judge Browning. Thank you all."

http://www.house.gov/pelosi/press/releases/Aug05/browning.html