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Senate Proceeding on Jun 24th, 2010 :: 6:45:45 to 6:53:35
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Roger F. Wicker

6:45:33 to 6:45:54( Edit History Discussion )

Roger F. Wicker: quorum call: a senator: mr. president? the presiding officer: the senator from mississippi is recognized. consent that the quorum call be lifted and that i be allowed to speak as if in morning business. the presiding officer: without objection, so ordered. mr. wicker: thank you, mr. president. i rise today to speak briefly on

Roger F. Wicker

6:45:45 to 6:53:35( Edit History Discussion )
Speech By: Roger F. Wicker

Roger F. Wicker

6:45:55 to 6:46:16( Edit History Discussion )

Roger F. Wicker: the upcoming hearings the judiciary committee will hold on president obama's nomination of elena kagan to be a justice on the united states supreme court. i'm not a member of the senate judiciary committee, and i do not envy the difficult task before the committee members. however, i would like to highlight a few things that i will be watching as a member of

Roger F. Wicker

6:46:17 to 6:46:39( Edit History Discussion )

Roger F. Wicker: this body with a constitutional duty to advise and consent. and listening for, as mrs. kagan's nomination hearings begin on monday. first and foremost, i will be listening for indications on how closely miss kagan will adhere to the constitution and the laws

Roger F. Wicker

6:46:40 to 6:47:00( Edit History Discussion )

Roger F. Wicker: of our nation as written. the judicial oath requires judges to apply the law to the facts before them without respect to their social, moral or political views. although ms. kagan certainly has impressive resume in academia and as a political advisor in the clinton and obama administrations, she lacked she courtroom experience as either a judge or a private lawyer.

Roger F. Wicker

6:47:01 to 6:47:21( Edit History Discussion )

Roger F. Wicker: therefore, it is appropriate and vitally important that members of the committee perform their due diligence to question her judicial philosophy. this is a line of questioning that ms. kagan herself has endorsed. in a 1995 university of chicago "law review" article, she wrote, and i quote -- "the kind of inquiry that would contribute

Roger F. Wicker

6:47:22 to 6:47:43( Edit History Discussion )

Roger F. Wicker: mosto understanding and evaluating a nomination is discussion first of a nominee's broad judicial philosophy and second of her views on particular constitutional issues. by judicial philosophy, i mean such things as the judge's understanding of the role of courts in our society, of the nature of values embodied in our constitution and of the proper

Roger F. Wicker

6:47:44 to 6:48:04( Edit History Discussion )

Roger F. Wicker: tools and techniques of interpretations, both constitutionally and statutory." end of quote. i could not agree more with ms. kagan. i hope she will live up to her own measuring stick and provide the senate with an open and constructive- with open and constructive answers which she has herself advocated.

Roger F. Wicker

6:48:05 to 6:48:25( Edit History Discussion )

Roger F. Wicker: in addition to her general judicial philosophy, i hope my colleagues on the judiciary committee will question ms. kagan on two specific issues important to many americans and many of my constituents in the state of mississippi, and that is her views on abortion and on the second amendment. i'm concerned that many of the documents from ms. kagan's

Roger F. Wicker

6:48:26 to 6:48:46( Edit History Discussion )

Roger F. Wicker: service as a law clerk for the late justice marshall and as a political advisor during the clinton administration reflect a troubling bias. two years ago, the supreme court ruled in district of columbia vs. heller that the second amendment guarantees an individual's right to keep and bear arms. ms. kagan has said publicly that

Roger F. Wicker

6:48:47 to 6:49:09( Edit History Discussion )

Roger F. Wicker: she views heller as settled precedent of the court. but as a law clerk for justice marshall, ms. kagan wrote a strikingly personal memo on gun rights. the case in question on that earlier occasion challenged the district of columbia's handgun ban that was markedly similar to the heller case. in her 1987 memo urging jusce marshall to vote against hearing

Roger F. Wicker

6:49:10 to 6:49:31( Edit History Discussion )

Roger F. Wicker: the case, ms. kagan stated, and i quote -- "the petitioner's sole contention is that the district of columbia's firearm statutes violate his constitutional right to keep and bear arms." "i'm not sympathetic," to end theuote of ms. kagan. the personal note she employed

Roger F. Wicker

6:49:32 to 6:49:52( Edit History Discussion )

Roger F. Wicker: is even more disturbing. rather than point to go text and precedent, rooting her analysis in law or looking to the constitution, ms. kagan chose the personal pronoun, saying -- "i'm not sympathetic." this should concern senators because it seems to indicate a personal aversion to the right to bear arms. i hope members of the committee

Roger F. Wicker

6:49:53 to 6:50:13( Edit History Discussion )

Roger F. Wicker: will question ms. kagan on this issue. ms. kagan's work in the clinton administration raises further questions about her views of the second amendment. according to records at the clinton presidential library in little rock, ms. kagan was a key advisor to president clinton on gun control efforts. she drafted an executive order restricting the importation of

Roger F. Wicker

6:50:14 to 6:50:35( Edit History Discussion )

Roger F. Wicker: certain semiautomatic rifles and was involved in the creation of another order requiring all federal law enforcement officers to install lox on their weapons. she advocated various other gun control proposals, including gun tracing initiatives, legislation requiring background checks for all secondary market gun purchases and efforts to design

Roger F. Wicker

6:50:36 to 6:50:57( Edit History Discussion )

Roger F. Wicker: a gun that would automatically restrict the ability for most adults to use it. in a may article, the los angeles times put it this way -- "as gun rights advocates viewed it, there was one clear message. the clinton white house wanted to remove as many guns om the market as it could. records show that ms. kagan was

Roger F. Wicker

6:50:58 to 6:51:19( Edit History Discussion )

Roger F. Wicker: a key player in this effort. i believe the upcoming hearings present an opportunity to hear more about ms. kagan's views on the second amendment, a right clearly enumerated in the bill of rights and whether she views it as binding on all levels of government. i'm confident that i will not be the only one following her answers closely. with regard to the second issue,

Roger F. Wicker

6:51:20 to 6:51:40( Edit History Discussion )

Roger F. Wicker: with regard to abortion, ms. kagan having neither served as jge nor spent any significant time in a courtroom, lacks a judicial record to give us insight into her views on abortion. but there are several red flags that show the need for pointed questions from judiciary committee members on this issue. first ms. kagan has extensively

Roger F. Wicker

6:51:41 to 6:52:03( Edit History Discussion )

Roger F. Wicker: criticized the 1991 supreme court decision rust vs. sullivan where the court upheld the constitutionality of the department of health and human services regulations that prohibit title x family planning funds from being used in programs where abortion is the methodf family planning. the rulings in that case and

Roger F. Wicker

6:52:04 to 6:52:24( Edit History Discussion )

Roger F. Wicker: others such as that case are absolutely vital to protectg the unborn. congress has the constitutional duty to maintain the power of the purse. if as ms. kagan argues that authority should be limited in the name of free speech, then the american people will lose the ability for their elected

Roger F. Wicker

6:52:25 to 6:52:46( Edit History Discussion )

Roger F. Wicker: representatives to prohibit abortion funding and provide any balance to the executive branch. one of the most noteworthy issues on which ms. kagan advised president clinton during her time at the white house was partial-birth abortion, a truly reprehensible procedure. memos from ms. kagan to president clinton kate --

Roger F. Wicker

6:52:47 to 6:53:08( Edit History Discussion )

Roger F. Wicker: indicate that she believed that partial-birth abortion is constitutionally protected. i have profound concerns about that point of view and believe this raises serious questions about how she would interpret the constitution if confirmed to the supreme court. in closing, there i no doubt that these are important issues deserving leapty and deliberate

Roger F. Wicker

6:53:09 to 6:53:31( Edit History Discussion )

Roger F. Wicker: consideration by the senate judiciary committee, particularly for a lifetime position on the highest court in our nation. i hope mrs. kagan will adhere to her own advice and be open and forthright to the committee as to her judicial philosophy and views on the specific constitutional questions i have mentioned.

Roger F. Wicker

6:53:32 to 6:53:37( Edit History Discussion )

Roger F. Wicker: i look forward to joining many americans and closely following

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