Senate Proceeding 08-05-09 on Aug 5th, 2009 :: 1:14:55 to 1:23:30
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1:14:55 to 1:23:30( Edit History Discussion )
Speech By: Max Baucus

1:15:00 to 1:15:21( Edit History Discussion )

Max Baucus: objection. the presiding officer: the senator from montana. mr. baucus: it is with great honor that i rise to express my support for the nomination of judge sonia sotomayor to be associate justice for the united states supreme court. in the "federalist papers" explaining our great constitution and the role of the

1:15:22 to 1:15:44( Edit History Discussion )

Max Baucus: judiciary, alexander hamilton quoted montesquieu -- and i quote -- "there is no liberty if the power of judging be not separated from the legislative and the end quote. we americans should take a moment to recognize a few other nations in the

1:15:45 to 1:16:05( Edit History Discussion )

Max Baucus: such a strong emphasis on individual rights and liberties, something we cherish greatly, and too often we take granted. we can in large part point to this nation's independent ju emphasis on individual rights through liberties. sure they're enshrined in the constitution, but

1:16:06 to 1:16:26( Edit History Discussion )

Max Baucus: independent judiciary framed in the constitution helps make all that possible. juste sandra day o'connor stated, for examp, of the constitution were so clear in the "federalist papers" and elsewhere that they felt an independent judiciary was critical in the success of the nation.

1:16:27 to 1:16:48( Edit History Discussion )

Max Baucus: end quote. our founding fathers were wise in setting up three separate branches of government, including a independen the pinnacle of this system and its independence is the united states supreme court, the highest court in the land. our constitution embodies this

1:16:49 to 1:17:09( Edit History Discussion )

Max Baucus: independence in the separation of powers and checks and balances throughout this great document. this is our supreme court justice, the constitution president, for example, that he shall nominate and by and with the advice and consent of the

1:17:10 to 1:17:31( Edit History Discussion )

Max Baucus: united states senate judges of the supreme court. let me repea the constitution which says -- quote -- "the president shall nominate and bind with the advice and consent of the senate, sha of the supreme court." the senate's role is of utmost importance in defending the independence of the supreme court.

1:17:32 to 1:17:52( Edit History Discussion )

Max Baucus: the senate's active advice and consent role in the of supreme court justice helps to ensure that nominees have the support of a broad political consensus. and senate, few are more critical than the senate's role in the confirmation process for supreme

1:17:53 to 1:18:13( Edit History Discussion )

Max Baucus: court just nominees -- supreme court justice nominees. i take, i know each of us in the senate, i take constitutional responsibility very seriously. throughout my time in the senate i have established three criteria i use to examine nominees, and these three criteriare: mpetency, professional

1:18:14 to 1:18:34( Edit History Discussion )

Max Baucus: integrity and a view of important issues within the mainstream judicial thought. those are the three, the criteria i use. i've analyzed past nominees using this criteria including chief justice roberts and justice alito. first, professional competency.

1:18:35 to 1:18:55( Edit History Discussion )

Max Baucus: the supreme court must not be the testing ground for the development of values. we don't have time for that. a justice cannot learn on the job, nor can she require further training. the stakes are simply too high. she must be professionally competent on day one. second, personal integrity.

1:18:56 to 1:19:17( Edit History Discussion )

Max Baucus: nominees to the nation's miest cot must be of the highest caliber. and, third, the nominee should fall within the mainstream contemporary judicial thought. the next justice must possess the s.e.c. sit -- the requisite

1:19:18 to 1:19:40( Edit History Discussion )

Max Baucus: judicial philosophy tor to be -- to be granted constitutional powers. i believe in the case of justice sonia sotomayor, the answer is yes. she rose from aing bronx public housing project. she attended princeton where she graduated among the top

1:19:41 to 1:20:02( Edit History Discussion )

Max Baucus: class and was editor of the law journal at yale law judge sotomayor began her legal career as district att new york county in 1979. she then worked as a litigator at pavia and harcourt, a small firm in manhattan where she

1:20:03 to 1:20:25( Edit History Discussion )

Max Baucus: handled commercial cases. judge sotomayor's 17 the bench first as a district court judge, then as a second circuit yielded an enormous yet consistent body of law. her opinions show thorough and thoughtful analysis. her eye for detail and, in her own words, fidelity to the law. i have no

1:20:26 to 1:20:47( Edit History Discussion )

Max Baucus: sotomayor has the professional competency the american people require of supreme court justice. judge sotomayor's life experiences also convey the personal integrity essential to supreme court justice. she has given back her time, energy, and expertise to the community that helped shape who she is. she has worked hard throughout her

1:20:48 to 1:21:08( Edit History Discussion )

Max Baucus: across the country to pursue study of the law. and her service, has received many honorary degrees, countless awards and accolades from her colleagues and clerks in the academic community. judge sotomayor has also made personal she recognizes the need for

1:21:09 to 1:21:31( Edit History Discussion )

Max Baucus: personal sacrifice and she must make or to serve as a justice on the supreme court. my thirda nominee that falls within the mainstream of contemporary judicial thought has been again by reviewing judge sotomayor's lengthy judicial record. some of my colleagues want to paint her as a judicial activist

1:21:32 to 1:21:54( Edit History Discussion )

Max Baucus: with left-wing leanings. in fact, in constitutional cases that came before the second circuit, judge sotomayor voted with the majority 98% o time. hardly a left-wing activist. in the rar a government action unconstitutional, the decision

1:21:55 to 1:22:17( Edit History Discussion )

Max Baucus: was so clear that it was unanimous. judges appointed by republican presidents have agreed with judge sotomayor 90% of the time, hardly a left-wing this is not the actions of an activist judge. in fact, this is a judge who can be relied on to produce a decision that most people can agree with. i strony b

1:22:18 to 1:22:38( Edit History Discussion )

Max Baucus: sotomayor has met the three criteria that i view as essential to be a supreme court justice. this was even more evident during her confirmation hearing. over the four days of hearings on the nominations of judge sotomayor, what did we see? we saw a and thoughtful judge, someone

1:22:39 to 1:23:01( Edit History Discussion )

Max Baucus: committed to the law and one with a rich life story and expansive judicial experience whose perspective the judgments on the united states supreme court. in president. i congratulate president obama on his historic nomination. and i'm confident that judge

1:23:02 to 1:23:19( Edit History Discussion )

Max Baucus: sotomayor will make an outstanding justice on the united states supreme court. mr. president, absence of a the presiding officer: the clerk will call the roll.