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Senate Proceeding 08-04-09 on Aug 4th, 2009 :: 4:49:40 to 5:03:10
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Dianne Feinstein

4:49:26 to 4:49:46( Edit History Discussion )

Dianne Feinstein: so let me after 16 years on this committee, the justices on the supreme court are not umpires. they do not just call balls and strikes. they are not computers. it matters supreme court. and it matters whether they will respect precedent and

Dianne Feinstein

4:49:40 to 5:03:10( Edit History Discussion )
Speech By: Dianne Feinstein

Dianne Feinstein

4:49:47 to 4:50:07( Edit History Discussion )

Dianne Feinstein: law. judge sonia sotomayor is a nominee with a 17 year record of following the law. she has faithfully applied the law following the facts in case after case. we have a search service caused the congressional research service.

Dianne Feinstein

4:50:08 to 4:50:29( Edit History Discussion )

Dianne Feinstein: it's a neutral, respected adjunct to senate and the house of representatives and it carries out significant research. well, they took a look at her record. they examined it. this is what they said -- and i quote -- "her decisions do not follow along any ideological spectrum.

Dianne Feinstein

4:50:30 to 4:50:53( Edit History Discussion )

Dianne Feinstein: the most characteristic of her approach as an appellate court has been adherence to the doctrine of stee precedence. when her record is objectively researched by the number one

Dianne Feinstein

4:50:54 to 4:51:15( Edit History Discussion )

Dianne Feinstein: objective research service we have, she has been found to abide by court precedent. they have essentially said she's not an she follows and when her confirmation hearing is voting against judge

Dianne Feinstein

4:51:16 to 4:51:36( Edit History Discussion )

Dianne Feinstein: sotomayor said this -- and i quote -- "i actual agree your judicial record strikes me as pretty much in the judicial decisionmaking." judge sotomayor's mainstream record, her respect for precedent, and the law, have earned her the support of groups that cut

Dianne Feinstein

4:51:37 to 4:51:58( Edit History Discussion )

Dianne Feinstein: across party lines. from law enfort the international police chiefs, and civil rights groups like the leership conference f rights, to business groups like the united states chamber of commerce -- yes, they have endorsed her. to former officials from both

Dianne Feinstein

4:51:59 to 4:52:22( Edit History Discussion )

Dianne Feinstein: parties including conservative law kenneth starr and legal groups like the american bar association. this is record, with more federal judicial experience than any nominee in a century and with widespread support. now, there are those who oppose

Dianne Feinstein

4:52:23 to 4:52:44( Edit History Discussion )

Dianne Feinstein: her because of one speech she made. one speech out of 29 1/2 years of legal experience. secondly, there are those who oppose her because of one case. it's the ricci case, the new haven case involving fire efficients. but squarely in the mainstream in

Dianne Feinstein

4:52:45 to 4:53:06( Edit History Discussion )

Dianne Feinstein: this case. she followed precedent. that's wha the district court said in a 50-page opinion. that's panel joined unanimously with her to agree. and about the same united states district court in

Dianne Feinstein

4:53:07 to 4:53:27( Edit History Discussion )

Dianne Feinstein: tennessee, a judge held that in a nearly identical situation, the memphis police department could that it feared would discriminatory. and last year, a circuit panel on the

Dianne Feinstein

4:53:28 to 4:53:49( Edit History Discussion )

Dianne Feinstein: circuit including by president george w. bush, agreed. so there's precedent. now, it is true that five supreme court disagreed and their decision is now the law of the land.

Dianne Feinstein

4:53:50 to 4:54:11( Edit History Discussion )

Dianne Feinstein: but i was a mayor for nine years, mr. president, of a difficult city going through a number of affirmative action cases and i can tell you that this what justice souter called -- and i quote -- "a damned if you do, damned if you don't situation." and i would agree with that.

Dianne Feinstein

4:54:12 to 4:54:33( Edit History Discussion )

Dianne Feinstein: if a city has to proven that it would lose in court before replacing a civil service exam it believes is discriminatory this subsequent diezs virtually any exam they might and, finally, most importantly, there's the third point of opposition.

Dianne Feinstein

4:54:34 to 4:54:54( Edit History Discussion )

Dianne Feinstein: and that's the national rifle association. the n judge sotomayor. they say they're scoring her confirmation vote and will tell their members any senator who votes to confirm judge sotomayor priorities so let's look a

Dianne Feinstein

4:54:55 to 4:55:15( Edit History Discussion )

Dianne Feinstein: for a minute. the n.r.a. says judge sonia sonia sotomayor erred in the case of the united v.r. a 2004 case. in this case, an illegal

Dianne Feinstein

4:55:16 to 4:55:38( Edit History Discussion )

Dianne Feinstein: immigrant named jose hand says viar was caught dealing crack cocaine and carrying a in new yk city. those are the facts of the case. a skwirm on appeal the defendant argued among other things that to prohibit him from carrying a gun in new york city violated the

Dianne Feinstein

4:55:39 to 4:56:01( Edit History Discussion )

Dianne Feinstein: second amendment. judge sonia sotomayor a her colleagues unanimously his arguments and upheld the conviction. the n.r.a. is upset that judge sonia sotomayor and her colleagues did not agree their second amendment argument. but in 2004 when this case was

Dianne Feinstein

4:56:02 to 4:56:23( Edit History Discussion )

Dianne Feinstein: decided the law had been clear for 65 years. the court had said in 1939 that the second amendment only related to malicious service and hundreds of judges all across our country had followed that decision for decades. with the

Dianne Feinstein

4:56:24 to 4:56:46( Edit History Discussion )

Dianne Feinstein: judge sotomayor rule against 65 years of settled law and established precedent, that an undocumented drug dealer has a constional right to carry a do you want that, mr. president? do i want that in my state? the answer is, absolutely no.

Dianne Feinstein

4:56:47 to 4:57:07( Edit History Discussion )

Dianne Feinstein: the should oppose judge sotomayor's nomination because of another case. malone v. there, judge sotomayor and her colleagues unanimously upheld a

Dianne Feinstein

4:57:08 to 4:57:29( Edit History Discussion )

Dianne Feinstein: new york law beeni pannin particular national art weapon saying the second amendment limits only the federal government not now, why would judge sotomayor and her because i was binding supreme court l.

Dianne Feinstein

4:57:30 to 4:57:50( Edit History Discussion )

Dianne Feinstein: look at the decisions: in 1876, the supreme court held that the second amendment only applies to the federal government. that was the united states v. crookshank,

Dianne Feinstein

4:57:51 to 4:58:11( Edit History Discussion )

Dianne Feinstein: it again in illinois, 116-us-252. and, again, in 1984, miller v. texas, 153-us-535. the 4th circuit followed that law and said in 1995 that the

Dianne Feinstein

4:58:12 to 4:58:32( Edit History Discussion )

Dianne Feinstein: second amendment only applies to the federal government. that case was love v. peppersack, 47-f-3-120. and the sixth circuit agreed

Dianne Feinstein

4:58:33 to 4:58:54( Edit History Discussion )

Dianne Feinstein: in 1998, organization v. city of columbus. and judge sotomayor's own court, the 2005 in boch v. and then last year, justice

Dianne Feinstein

4:58:55 to 4:59:18( Edit History Discussion )

Dianne Feinstein: scalia wrote in footnote 23 of the i quote -- " our decisions in presser v v. texas reaffirm that the second amendment only applies to the federal government." and that case, district of

Dianne Feinstein

4:59:19 to 4:59:42( Edit History Discussion )

Dianne Feinstein: columbia v. heller, 128-1-supreme court. okay, justice scalia is not exact a liberal supreme court justice. and presser v. illinois and miller social security texas reaffirm that the second amendment only applies to the federal government.

Dianne Feinstein

4:59:43 to 5:00:08( Edit History Discussion )

Dianne Feinstein: finally, just two months ago, thre republican appointees on the seventh circuit agreed that the second amendment only applies to the federal government. they said, anyone who doubts this need only read justical is lea's and that case was the national rifle association v. the

Dianne Feinstein

5:00:09 to 5:00:29( Edit History Discussion )

Dianne Feinstein: 856. so once again judge sotomayor's decision was squarely in agreement with court after court after court. now some of my colleagues have said that the ninth circuit disagreed.

Dianne Feinstein

5:00:30 to 5:00:50( Edit History Discussion )

Dianne Feinstein: and it's true that three of its judges did. but last week the full circuit voted to review these three judges' decisions and rehear it as a full court en banc and that case was nordi

Dianne Feinstein

5:00:51 to 5:01:13( Edit History Discussion )

Dianne Feinstein: v. king 07 -- 157 order july 29, 2009. but the n.r.a. tried its case before the seventh circuit and lost. they lost in front republican appointed judges. now, let me

Dianne Feinstein

5:01:14 to 5:01:36( Edit History Discussion )

Dianne Feinstein: judge sonia sotomayor has 29 1/2 years of relevant legal experience. she has a 17-year record of following the law. she has the experience, the temperament, and the knowledge. she will be, in my view, a fine supreme court justice. mr. president, supreme court

Dianne Feinstein

5:01:37 to 5:01:57( Edit History Discussion )

Dianne Feinstein: justices don't merely call balls and strikes. they make decisions determine whether acts of congress will stand or fall. they decide how far the law will go to protect rights of all of us. they have the power to limit or expand civil rights protections. they have great leeway to interpret the laws protecting our limiting a

Dianne Feinstein

5:01:58 to 5:02:18( Edit History Discussion )

Dianne Feinstein: choose. and they can expand or limit child pornography laws and campaign finance laws and so many, many more. i believe justice sotomayor is an a rich background as a prosecutor, a business lawyer, a

Dianne Feinstein

5:02:19 to 5:02:39( Edit History Discussion )

Dianne Feinstein: trial judge, and an appellate court judge. and her 17-year record of judicial temperament shows she will faithfully apply the law. i cannot tell you how proud i will be to vote to confirm her as an associate justice on the supreme court, and i sincerely

Dianne Feinstein

5:02:40 to 5:03:00( Edit History Discussion )

Dianne Feinstein: theep a dominant majority of my colleagues will do the same. i thank the chair. i yield the floor. mr. menendez: mr. president? the presiding of senator from new jersey. mr. menendez: mr. president, first, that christa mcdermott and joe starks be granted floor privileges for the remainder of

Dianne Feinstein

5:03:01 to 5:03:10( Edit History Discussion )

Dianne Feinstein: the debate on judge sotomayor. the presidg officer: objection. mr. mendez: mr. president, i rise in confirmationf judge sonia

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