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Senate Proceeding on Aug 4th, 2010 :: 4:31:35 to 4:42:50
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Susan Collins

4:31:32 to 4:31:39( Edit History Discussion )

Susan Collins: support her nomination. i yield the floor,

Susan Collins

4:31:35 to 4:42:50( Edit History Discussion )
Speech By: Susan Collins

Susan Collins

4:32:04 to 4:32:24( Edit History Discussion )

Susan Collins: mr. president. ms. collins: mr. president? the presiding officer: the senator from maine. ms. collins: thank you, mr. president. mr. president, i rise today to discuss the nomination kagan to be an associate justice justice -- see in elena kagan to be an associate justice of the united states supreme court.

Susan Collins

4:33:08 to 4:33:28( Edit History Discussion )

Susan Collins: famously wrote in the 1803 decision marbury v. madison, the court must say what the law is. that is, after all, the appropriate role of the judiciary. for a judge to do more would

Susan Collins

4:33:29 to 4:33:49( Edit History Discussion )

Susan Collins: undermine the constitutional foundations of the separate branches of government. given this backdrop, mr. president, disputes regarding the scope of the senate's power of advice and consent are not uncommon nor

Susan Collins

4:33:50 to 4:34:10( Edit History Discussion )

Susan Collins: unexpected whenever a president puts forward a supreme court nominee for our consideration. more than 215 years after the senate rejected president george washington's nomination of john

Susan Collins

4:34:11 to 4:34:34( Edit History Discussion )

Susan Collins: rutledge to serve on the supreme court, senators continued to grapple with the criteria to use to evaluate supreme court nominees and the degree of deference to accord the president. the constitution, after all,

Susan Collins

4:34:37 to 4:34:57( Edit History Discussion )

Susan Collins: pronounces no specific qualifications for supreme court justices. it does not require that a justice possess judicial experience nor even be an attorney. the absence of such requirements in the constitution allows the court to be comprised of people

Susan Collins

4:34:58 to 4:35:20( Edit History Discussion )

Susan Collins: from different backgrounds. but in carrying out our advice and consent role, the senate must ensure that judicial nominees have qualities befitting the post. senators must examine each nominee's competence and

Susan Collins

4:35:21 to 4:35:41( Edit History Discussion )

Susan Collins: expertise in the law, judicial temperament and integrity as demonstrated throughout his or her professional career. determing a nominee's fitness to serve a lifetime appointment to the nation's highest court is

Susan Collins

4:35:42 to 4:36:04( Edit History Discussion )

Susan Collins: one of the most critical and consequential responsibilities that any senator faces. in considering judicial nominees, i carefully weigh their qualifications, confidence, professional integrity, judicial temperament, and philosophy.

Susan Collins

4:36:05 to 4:36:27( Edit History Discussion )

Susan Collins: i believe that it is also critical for nominees to have a judicial philosophy that is devoid of prejudgment, partisanship and preference. only then will the decisions handed down from the bench be

Susan Collins

4:36:28 to 4:36:48( Edit History Discussion )

Susan Collins: impartial and consistent with legal precedent and the constitutional foundations of our democratic system. i have applied these standards to elena kagan. having analyzed her record, questioned her personally, and reviewed the judiciary

Susan Collins

4:36:49 to 4:37:12( Edit History Discussion )

Susan Collins: committee's hearings, i have ncluded that miss kagan should be confirmed to our nation's highest court. the american bar association's standing committee on the federal judiciary has unanimsly rated miss kagan as

Susan Collins

4:37:13 to 4:37:34( Edit History Discussion )

Susan Collins: well qualified. miss kagan's remarkabl remarkable legal and academic career demonstrates her intellectual capacity to serve on the court. her writings, testimony, and my discussions with her all demonstrate not only a sweeping

Susan Collins

4:37:35 to 4:37:58( Edit History Discussion )

Susan Collins: knowledge of the law but also a love for the law, a passion for judicial reasoning. miss kagan reflected the judicial temperament and philosophy that i am seeking in nominees when she said during her testimony -- quote -- "i will listen hard to every party

Susan Collins

4:37:59 to 4:38:20( Edit History Discussion )

Susan Collins: before the court and to each of my colleagues and i will do my best to consider every case impartially, modestly, wit commitment to principle and in accordance with law." in writing in support of miss

Susan Collins

4:38:21 to 4:38:42( Edit History Discussion )

Susan Collins: kagan, former court of appeals nominee miguel estrada said the following -- quote -- "elena possesses a formidable intellect, an exemplary temperament and aare ability to disagree with others without being disagreeable.

Susan Collins

4:38:43 to 4:39:03( Edit History Discussion )

Susan Collins: she is calm under fire and mature and deliberate in her judgments. elena would also bring to the court a wealth of experience at the highest levels of our government and of academia. if such a person who has demonstrated great intelligent intellect,

Susan Collins

4:39:04 to 4:39:26( Edit History Discussion )

Susan Collins: high accomplishments and an upright life is not easily confirmable, i fear we will have reached a point where no capable person will readily accept a nomination for ju service." now, as many of my colleagues

Susan Collins

4:39:27 to 4:39:47( Edit History Discussion )

Susan Collins: will recall, mr. estrada's own nomination to the u.s. court of appeals for the district of columbia was the first appellate court nomination in historyo be successfully derailed by a filibuster majority of senators, including

Susan Collins

4:39:48 to 4:40:11( Edit History Discussion )

Susan Collins: myself, supported his nomination. that was truly unfair. with that experience as a guide, i take mr. estrada's endorsement of miss kagan to heart and i agree that the senate must put

Susan Collins

4:40:12 to 4:40:33( Edit History Discussion )

Susan Collins: aside partisanship, must avoid political considerations, and must evaluate court nominees with great care and with great fairness. we must not do to miss kagan what unfortunately many members on the other side of the aisle

Susan Collins

4:40:34 to 4:40:56( Edit History Discussion )

Susan Collins: did to mr. estrada despite his qualifications. to be clear, mr. president, in her previous posts, miss kagan has taken positions with which i disagree. it appears that her personal opinion on gun rights is at odds with my own.

Susan Collins

4:40:57 to 4:41:19( Edit History Discussion )

Susan Collins: but nevertheless, miss kagan indicated in her testimony before the judiciary committee that she would follow the precedent established in the heller and describing those decisions as settled law.

Susan Collins

4:41:20 to 4:41:40( Edit History Discussion )

Susan Collins: these cases clearly establish that the right to bear arms is an individual right guaranteed by the constitution. i believe that miss kagan will respect the precedent established in these two

Susan Collins

4:41:41 to 4:42:04( Edit History Discussion )

Susan Collins: important cases. miss kagan's responses on several issues indicate that she appears to understand and embrace judicial restraint and the limits of when courts should and should not per seed in matters. she rightly deferred on several

Susan Collins

4:42:05 to 4:42:26( Edit History Discussion )

Susan Collins: issues as policy questions more appropriately resolved by congress and the executive. mr. president, based on my review of miss kagan's record, my assessment of her character, and my belief in her promise to

Susan Collins

4:42:27 to 4:42:47( Edit History Discussion )

Susan Collins: adhere to precedent, miss kagan warrantsonfirmation to our nation's highest court. she possesses the intellect, experience, temperament, integrity and philosophy to serve our country honorably as

Susan Collins

4:42:48 to 4:42:54( Edit History Discussion )

Susan Collins: an associate justice of the united states supreme court.

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