Jucicial Nominations
JUDICIAL NOMINATIONS
Mr. DURBIN. Mr. President, the saga of the judiciary continues on Capitol Hill. The Constitution of the United States, which we all keep close at hand, makes it clear that there are three independent branches of Government. Each has an important role in the governance of this democracy. And certainly the independence of the judiciary is something we have valued from the beginning of this Nation, for all the time that we have enjoyed this great country. But it is under attack today from the right wing of the Republican Party in a way that we have not seen in quite some time.
It was reported in this morning's paper that House Majority Leader TOM DELAY, Republican of Texas, was interviewed by Tony Snow on Fox NEWS radio. Mr. DeLay said of the judges whom he has been critical of in the past, when asked if he would include any Supreme Court Justices among those he considered activist and isolated, he said Anthony M. Kennedy, who was named to the Court by President Ronald Reagan.
Mr. DeLay said:
Absolutely. We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States. That's just outrageous.
Mr. DeLay went on to say:
And not only that, but he-- Justice Kennedy-- said in session that he does his own research on the Internet. That is just incredibly outrageous.
That is a direct quote from TOM DELAY--that a Justice of the Supreme Court who does research on the Internet is one who is a judicial activist.
Has the Internet become the devil's workshop? Is it some infernal machine now that needs to be avoided by all right-thinking Americans? What is Mr. DeLay trying to say as he is stretching to lash out at judges who happen to disagree with his political point of view?
This coming Sunday, this saga will continue at a church in Kentucky with the so-called ``Judge or Justice Sunday'' sponsored by the Family Research Council. They are arguing that any time we question a nominee from the Bush White House we are attacking people of faith.
I can tell you, of the 205 judicial nominees we have approved of this President--and only 10 have not been approved--many of them were undoubtedly people of faith. I have to say ``undoubtedly'' because I can't say for certain. Do you know why? Because this Constitution prohibits anyone from asking a person seeking a job with the Federal Government or a position in the Federal Government what their religious faith happens to be. We cannot under the terms of article VI of the Constitution establish any religious test for office.
So now those who support the rejected nominees are saying they were rejected because of their faith.
You see what they are trying to do. They are trying to draw us into a position where we are going to use religion as some sort of weapon in this debate. That is a mistake.
The Constitution, which has carefully separated church and state throughout our history, says to every American that they have a right of conscience to decide what they want to believe. When we start imposing religious tests, as some in the right would have us do, it is a serious mistake.
As Mr. DeLay lashes out at Supreme Court Justices and others for their outrageous conduct in ``doing research on the Internet,'' and we see these rallies that are attacking those who are upholding Senate rules and traditions of over 200 years based on some flawed interpretation of our Constitution, we understand it is time for Americans who really want to see moderate and balanced and fair judges to speak out.
We have to have the process where the rules are respected, where we have checks and balances in our Government, and where people seeking lifetime appointments must demonstrate not only honesty and competency but the fact that they are in tune with the values and the needs of the American people. Unfortunately, in the case of 10 judges, many of us believe the nominees sent by the White House do not meet that test.
Mr. President, 95 percent of President Bush's nominees have been approved. That is not enough for some, but I think it reflects the fact that the Senate has a constitutional responsibility to look closely at each nominee and decide whether they are worthy of this lifetime appointment.
I yield the floor.
The PRESIDING OFFICER. The Senator from Idaho.
http://thomas.loc.gov/