Executive Session

EXECUTIVE SESSION -- (Senate - January 26, 2006)

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Mr. THUNE. Mr. President, I rise to voice my strong support for the nomination of Judge Samuel Alito to be Associate Justice of the Supreme Court. Judge Alito has demonstrated and dedicated his life to public service, from serving in the Army Reserve to working as a prosecutor for the Federal Government.

For the past 15 years, Judge Alito has been a model jurist on the court of appeals, and his record reflects a deference to the political branches of our Government that is all too often lacking among some on the bench.

The guiding question for each of us in determining a nominee's fitness for this post should be whether the person is dedicated to applying the Constitution to every case considered by the Court and not adding to or changing the Constitution's text to suit his or her own personal policy preferences.

Judge Alito has clearly shown that he will approach every case with an open mind and apply the law as it is, rather than what he thinks it should be.

As Judge Alito has said, a judge cannot have an agenda and cannot have a preferred outcome in any particular case. I am convinced that he will not be an activist on the court and will conscientiously exercise restraint in his role as a justice.

Judge Alito has risen to his station in life from relatively humble beginnings. As he stated in his introductory remarks before the Judiciary Committee, his parents instilled in him a love of learning and, through their example, the importance of persistence and hard work.

I had the opportunity to meet with Judge Alito after he was nominated last fall. During this meeting, we discussed the role of the judiciary and some of the broad principles set forth in our Constitution. I was impressed by Judge Alito's quiet answers and thoughtful demeanor during that meeting.

Judge Alito is the kind of person who would fit in very well with my constituents in South Dakota. He is the kind of guy you would see at the local hardware store or at a school activity. Judge Alito would meet what I call the ``Murdo'' test. Murdo is my hometown. About 600 people live there. They are pretty plain spoken people. They use common sense to solve problems. They believe in the rule of law. And they have an inherent sense of fairness when it comes to making sure that the law applies fairly to all. If you listen to anyone who has served on the court with or worked with Judge Alito, those are the attributes they ascribe to him. He has tremendous respect from those who know him best.

Unassuming and unpretentious, Judge Alito is the kind of individual with whom I believe the people in my hometown and in my State would feel comfortable. And not just South Dakotans but Americans everywhere, at least the silent majority of Americans. The character attacks on Judge Alito by the loud left have backfired because the majority of the American people have figured it out. They don't need the Senator from Massachusetts or the Senator from New York to tell them what they need to know. Judge Alito told them everything they needed to know in the hearings, and the more the political left attacks and delays and demonstrates, the more partisan they appear to the American public and the more their true agenda is exposed.

Judge Alito's quiet and thoughtful demeanor was clearly on display during his confirmation hearings. During these hearings, Judge Alito was extremely forthcoming and candid in his responses to questions, all 650 questions. For over 18 hours he responded thoroughly and thoughtfully to the full spectrum of questions and questioners, both those who were sincere and those who were sarcastic.

All of these things have convinced me that Judge Alito has the ability and temperament necessary to be an outstanding justice on the Supreme Court.

It is unfortunate that some on the other side have decided to make the nomination process about politics rather than about qualifications. Sadly, it seems the other side is engaging in an effort to ensure a large opposition vote to score political points, rather than giving a well-qualified nominee like Judge Alito the strong vote he deserves.

When Justice Ginsburg, a former general counsel for the American Civil Liberties Union, was nominated by President Clinton, she received nearly unanimous support--96 votes--despite the fact that many Republican Senators strongly disagreed with her views. She replaced the much more conservative Judge White. Yet no one was complaining about her shifting the Court dramatically to the left. Senators voted for her based on her qualifications.

When Justice Breyer, a former staffer for Senator Kennedy, was nominated by President Clinton, he received 87 votes, and again many of those who voted in his favor strongly disagreed with his views.

Justice Ginsburg and Justice Breyer received strong support because of their qualifications and because Senators put aside politics in the interest of a dignified confirmation process.

Judge Alito is also well qualified. He unanimously received the highest rating from the American Bar Association, the benchmark that used to be considered the gold standard for evaluating nominees to the Federal Courts. Judge Alito is clearly a man of high integrity and intellect. No one disputes that. He deserves a large vote in the U.S. Senate, just as Justice Breyer and Justice Ginsburg received. I call upon my colleagues on the other side of the aisle to summon their better angels, put aside their desire to score political points, and instead work to ensure a dignified confirmation process.

The Supreme Court gets the last word on some of the most challenging and divisive issues of our day. That is why those on the Court must be dedicated to the rule of law and the principle of judicial restraint. Throughout his career in public service, Judge Alito has shown the qualifications and temperament essential to serving on the Supreme Court.

I ran for the United States Senate for the opportunity to cast votes like the one I will cast on this nomination. When I asked South Dakotans for their vote, I assured them that I would do my best to see that the courts are populated with smart, qualified, and principled people who understand that the appropriate role of the judiciary in our Constitutional Republic is not to make laws but to apply them fairly to all.

Judge Alito is eminently fit and qualified to serve as an associate justice on the Supreme Court. That is why I will vote in favor of his confirmation, and I urge my colleagues to do the same.

I yield to the floor.

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