Topic: Concluding Remarks
Senator: Kyl
Date: SEPTEMBER 14, 2005
Contents
KYL: Well, let me conclude with this point.
Some who are watching might come to the conclusion that there's a lot of repetition here, and that to some extent there's a lot of senator talk expressing concern to you about different issues that are important to them.
Frankly, I think this is a once in a lifetime opportunity. It is the only time that before you take your position on the court, you'll have the opportunity to be directly lobbied in the political context in an appropriate way.
We reflect the views of our constituents, and we've all got different issues on our minds, and there isn't a one of them that is not a legitimate issue or concern.
I brought up the matter of applying foreign law to American decisions on our Constitution for example. It seems to be appropriate that you hear from us, the political branch, concerns that we have about the way that the court approaches its job. We may be right, we may be wrong, but it's important for you to hear that.
I know that justices read the newspapers and so on, but this is a very good forum to have expressed to you concerns that we have about various issues. And we wouldn't be talking about them if we didn't think that they would come before the court.
So, in a sense, virtually everything we're talking about we're trying in some way to get a point across to you because we believe it is likely to be decided by you.
And I think that's fine. You need to hear from us what our concerns are, even though perhaps we're trying to draw you out in areas that you obviously can't be drawn out in with respect to future cases.
It's also important for us to get the feedback from you. There won't be very many other times that we will have as a group of senators to sit down with the person that will likely be the chief justice of the Supreme Court and have a legal conversation with you.
We'll have to talk about matters relating to court administration. That'll be totally appropriate. And I'm sure we'll be doing that.
But by and large, this is the only chance we have to have this kind of an interchange with you. It is illuminating to me, as a student of constitutional law, someone who's practiced before the court.
KYL: I've learned a lot.
And therefore, to those who, on the outside, say, well, it looks like a lot of senators posturing, if they're listening very closely to your answers, I think they will find a great deal of meat, of knowledge, of the application of your wisdom to how you approach judging.
And I find it very consistent with the traditions of our court and the rule of law in our country. And this, therefore, becomes a very good reminder of what our rule of law is all about, what judging is based on, and the inter-relationship between the representative bodies of our government and the third branch, which you represent.
I think this is all very instructive, very informative and in my case, at least, with regard to your testimony, very comforting. Because it seems to me that you are following the great tradition of the court in your approach to the law, that you are careful, that you are cautious, and yet you are willing to look at the circumstances of our contemporary times in applying your judgment to the law that is before you.
And because I have that confidence, it's my intention to support your nomination. And because I think it unnecessary to delve into any other specific questions, I will yield back the remaining five minutes of my time.
BIDEN: Mr. Chairman?
SPECTER: Senator Biden?
BIDEN: A point of personal privilege, as we say in this body.
KYL: On my time, since I had five minutes and I referred to Senator Biden, please, take my time.
BIDEN: Thank you.
I've been quoted many times about what I said to Justice Ginsburg. With the permission of the chairman, it will just take a second, I'd like to read my whole quote, if I may, and then...
SPECTER: Senator Biden, you may do that.
You can even have more time. Senator Kyl's given you...
BIDEN: No, no. I don't want to use his time.
Let me just say -- here's what else I said. I said, "Now, I hope, as I said to you very briefly, that the way in which you outline a circumstance under which you would reply and not reply, that you will not make a blanket refusal to comment on things, because obviously everything we could ask you is bound to come before the court."
BIDEN: "There is not a controversial issue in this country that does not have the prospect of coming before the court."
Continuing: "If a nominee, although it is their right, does not answer questions that don't go to the way they would decide but how they would decide, I would vote against that nominee regardless of who it is."
It's a continued quote: "And you can thank Justice Scalia for that."
At the close of testimony, I said, "I would also point out that my concerns about you not answering questions have been met. You've answered my questions the second day and the third day. At least, from my perspective, you've been forthcoming as any recent witness has."
I submit the entire statement for the record, along with the answers to her questions from Senator Hatch, you and others.
SPECTER: Without objection, they will be made a part of the record.
BIDEN: I thank the chairman for his courtesy and I thank the witness for listening.
SPECTER: It is now 12:30, and two votes have been scheduled at this time. So we will take a lunch recess until 1:45, quarter of two.
ROBERTS: Thank you, Mr. Chairman.
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