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Senate Proceeding on Aug 5th, 2009 :: 4:04:50 to 4:13:40
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Roger F. Wicker

4:04:50 to 4:13:40( Edit History Discussion )
Speech By: Roger F. Wicker

Roger F. Wicker

4:04:52 to 4:05:12( Edit History Discussion )

Roger F. Wicker: quorum call: the presiding officer: without objection. senator [inaudible] -- members of the judiciary committee for conduct a thorough, fair, and respectfulonfirmation hearing. judge sotomayor herself stated that the hearing was as gracious and fair as she could have hoped. mr. wicker: i consider that statement to be a tribute to

Roger F. Wicker

4:05:13 to 4:05:33( Edit History Discussion )

Roger F. Wicker: senators leahy, sessions, and the committee members and their staffs, and i commend them. article 2, section 2, of constitution states "the president shall nominate by and with the advice and consent of the senate judges of the supreme court." the constitutional advice and consent given to the

Roger F. Wicker

4:05:34 to 4:05:56( Edit History Discussion )

Roger F. Wicker: senate is of profound importance, particularly when considering a lifetime appointment to the nation's highest court. in reviewing judge sotomayor's nomination, i have taken this obligation very seriously. following judge sotomayor's nomination by the president, i, like nearly all of my colleagues

Roger F. Wicker

4:05:57 to 4:06:17( Edit History Discussion )

Roger F. Wicker: in this one-on-one meeting with her. we had a very cordial conversation, one in which i found judge sotomayor to be likeable and gracious. i appreciated learning more about her background. make no mistake, judge sotomayor has a great personal and professional story to tell. she's proud of it, and she

Roger F. Wicker

4:06:18 to 4:06:38( Edit History Discussion )

Roger F. Wicker: certainly should be. but in the instance of a supreme court nominee, the constitutional duty of advice and consent, given to the senate, is not about personalities, likability, or life stories; it is about adherence to impartiality and fidelity to the law.

Roger F. Wicker

4:06:39 to 4:06:59( Edit History Discussion )

Roger F. Wicker: after careful consideration of her record, i was left with a number of irreconcilable concerns. i'm deeply troubled by what i see as judge aversion to impartiality the judicial oath judges to administer justice without respect to persons and

Roger F. Wicker

4:07:00 to 4:07:22( Edit History Discussion )

Roger F. Wicker: do equal right to the poor and the rich and faithfully and impartially discharge and perform all the duties incumbent upon them under the conitution and laws of the united states. to be clear, the oath requires judges to be impartial respect to their social, moral, and political views and to apply

Roger F. Wicker

4:07:23 to 4:07:44( Edit History Discussion )

Roger F. Wicker: the law to the facts before them; in other words, equal justice under the law. yet judge sotayor appears to believe in a legal system where decisions are based upon personal experiences and group preferences, not the letter of the law. judge sotomayor has said on repeated occasions that she

Roger F. Wicker

4:07:45 to 4:08:06( Edit History Discussion )

Roger F. Wicker: willingly accepts that judges must not deny the differences resulting from experience and heritage but attempt continuously to judge whe opinions, sympathies, and prejudices are appropriate. these are her own wor

Roger F. Wicker

4:08:07 to 4:08:28( Edit History Discussion )

Roger F. Wicker: she has stated many times during more than a decade that her background and personal experiences will affect the facts she chooses to see as a judge. in our judge sotomayor stated this notion a slightly different way by saying her latina heritage caused her to listen a different

Roger F. Wicker

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

Roger F. Wicker: way. mr. president, i find these to be disconcerting statements which seem to conflict with the impartiality that i and an overwhelming majority of americans believe is essential to our judicial system. and even the very bedrock principles that our nation was founded upon. in looki

Roger F. Wicker

4:08:51 to 4:09:11( Edit History Discussion )

Roger F. Wicker: noted that the supreme court has disagreed with judge sotomayor in nine out of ten cases it has reviewed and afirmed her in the margin. this record was demonstrated where a majority of

Roger F. Wicker

4:09:12 to 4:09:35( Edit History Discussion )

Roger F. Wicker: the supreme court rejected judge sotomayor's panel decision. this is a case in which a group of firefighters, who had studied for months and passed a test, were denied promotion because not enough minority firefighters had done as well. in a one-paragraph, unsigned,

Roger F. Wicker

4:09:36 to 4:09:56( Edit History Discussion )

Roger F. Wicker: and unpublished cursory opinion judge sotomayor summarily, almost casually, dismissed the claims of these firefighters who had w when discussing the qualifications he uld look for in replacing justice souter, president obama said, "i view

Roger F. Wicker

4:09:57 to 4:10:19( Edit History Discussion )

Roger F. Wicker: the quality of understanding and identifying with people's homes and struggles, as an essential ingr decisions and outcomes." empathy is a great persol virtue, but there is a difference between empat as a person and empathy as a judge. judges should use the law and

Roger F. Wicker

4:10:20 to 4:10:40( Edit History Discussion )

Roger F. Wicker: the law only, not their personal experiences or personal view or empathy. personal biases and empathy hav no conclusion under the law. ricci is an example of where judge sotomayor clearly failed this important test. in addition, i'm deeply

Roger F. Wicker

4:10:41 to 4:11:01( Edit History Discussion )

Roger F. Wicker: concerned about judge sotomayor's decision v. cuomo, a second-amendment case that could very easily be decided by the supreme court in the next year. in last year's heller decision, the supreme court ruled that the second amendment guarantees an individual right to keep and

Roger F. Wicker

4:11:02 to 4:11:22( Edit History Discussion )

Roger F. Wicker: bear arms. yet in maloney, judge sotomayor relied on 19th century cases, arguably superseded after heller, to summarily hold that the second amendment does not apply to the states. if judge sotomayor's decision is allowed to stand, the states will be able

Roger F. Wicker

4:11:23 to 4:11:44( Edit History Discussion )

Roger F. Wicker: prohibitions on the ownership of guns and other arms. in refusing to confirm that the second amendment, a right clearly enumerated in the bill of rights, is a fundamental right that applies to all 50 states and, thus, to all americans, judge an alarming hostility to law-abiding gun owners across the country. that is a view that is certainly

Roger F. Wicker

4:11:45 to 4:12:05( Edit History Discussion )

Roger F. Wicker: out of the nation. what is perhaps even more troubling is that maloney is another example where judge sotomayor joined an unsigned cursory panel decision. if she is confirmed to the supreme court, judge sotomayor will routinely hear cases raising fundamental

Roger F. Wicker

4:12:06 to 4:12:26( Edit History Discussion )

Roger F. Wicker: cons issues such as maloney. those are the types of cases the supreme court hears. that's why issues of this nature make it to the supreme court. and yet judge sotomayor has a record of routinely dismissing such cases with difficult constitutional questions of exceptional importance to

Roger F. Wicker

4:12:27 to 4:12:49( Edit History Discussion )

Roger F. Wicker: americans with little or no analysis. as an appeals court judge, judge soto subject to a safety net. her cases can be reviewed by the supreme court. in ricci, the promotions were denied, could appeal the decision and receive impartial justice.

Roger F. Wicker

4:12:50 to 4:13:11( Edit History Discussion )

Roger F. Wicker: there is no backstop supreme cou. therefore, judge sotomayor's elevation to our natios highest court takes on much more significance than her previous selection to the appeals so i have tremendous respect for judge sotomayor's life story and professional accomplishments. i commend her for her

Roger F. Wicker

4:13:12 to 4:13:33( Edit History Discussion )

Roger F. Wicker: achievements and i wish her well in the future. however, i am not convinced that she understands the proper role of the courts in our legal system. her record and her pronouncements are those of someone who sees the court as a place to legislate and make policy. i'm not convinced that judge

Roger F. Wicker

4:13:34 to 4:13:40( Edit History Discussion )

Roger F. Wicker: sotomayor truly believes in the bedrock of our judicial system, which is impartiality under the law.

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