Senate Proceeding 08-05-09 on Aug 5th, 2009 :: 3:35:25 to 3:51:00
Total video length: 4 hours 9 minutes Stream Tools: Stream Overview | Edit Time

Note: MetaVid video transcripts may contain inaccuracies, help us build a more perfect archive

Views:94 Duration: 0:15:35 Discussion

Previous speech:

Next speech:

3:35:06 to 3:35:28( Edit History Discussion )

Ron Wyden: i have been a able to ascertain indicates that sotomayor: an exemplary arbiter of the law, firm but practical, tough but fair. for these reasons, i will cast my vote to confirm her as the next associate justice of the

3:35:25 to 3:51:00( Edit History Discussion )
Speech By: Ron Wyden

3:35:29 to 3:35:50( Edit History Discussion )

Ron Wyden: supreme court. mr. president, i speak today from perhaps a unique position among united states i may be the shortest-serving senator in the history of our senate judiciary committee.

3:35:51 to 3:36:11( Edit History Discussion )

Ron Wyden: at the beginning of the 111th congress, senator reid asked me to serve on this extraordinarily important committee. senator reid told me that it would be a temporary assignment, but i was still on the committee when judge sotomayor was nominated to the supreme court. i very much enjoyed my meeting

3:36:12 to 3:36:35( Edit History Discussion )

Ron Wyden: with judge sotomayor, and i told her that i wasn't sure how long i would be serving o the committee. i said i felt a little bit like a snowflake with the prospect an orego afternoon. in fact, the rain came just a few days before the judiciary committee began the confirmation

3:36:36 to 3:36:56( Edit History Discussion )

Ron Wyden: hearing for judge sotomayor. i did get a chance to talk with her and discuss at some length her views with respect to the key issues surrounding how a senator evaluates a nominee to the supreme crt. on the basis of that

3:36:57 to 3:37:18( Edit History Discussion )

Ron Wyden: and a review of her record, while iasn't able to cast a vote for her in committee, it is going to be later this week an honor for me to vote for her on the senate floor. when i met with judge sotomayor, we discussed a number of important issues, particularly

3:37:19 to 3:37:39( Edit History Discussion )

Ron Wyden: matters relating to national security, the power of the commander in chief, and we also spent sometime mr. president on a matter that i know the president of the senate is most interested in, and that is end-of-life health care. what struck me the most about

3:37:40 to 3:38:00( Edit History Discussion )

Ron Wyden: judge sotomayor was her openness, her intellectual curiosity, make sure that she had all the facts, all the information, all of the views and background and

3:38:01 to 3:38:21( Edit History Discussion )

Ron Wyden: reading material that you have to have when you're going to make a call, not on the basis of your predispositions but on the basis of the law and the law as it's applied to the facts. in a discussed with respect to end-of-life care, judgew?

3:38:22 to 3:38:43( Edit History Discussion )

Ron Wyden: sotomayor acknowledged these were issues she hadn't personally considered. the president of the senate and i have talked at some length about the politicized case of the late-terri schiavo. i objected here on the united states senate to the senate considering that matter.

3:38:44 to 3:39:04( Edit History Discussion )

Ron Wyden: and, of course, judge sotomayor couldn't go into how she would rule on end-of-life cases, but we talked at some length about those issues, and i'm going to discuss them later in this statement tonight.

3:39:05 to 3:39:26( Edit History Discussion )

Ron Wyden: i do want to start my comments by saying that i believe with young people at home in oregon, this nomination by president obama is regarded as an inspiration and personal story. oregonians have

3:39:27 to 3:39:47( Edit History Discussion )

Ron Wyden: they look at her journey reelsization orealization of the american dream. oregonians have follod her testimony, her testimony before the sen they believe that she is qualified for

3:39:48 to 3:40:09( Edit History Discussion )

Ron Wyden: they're very excited about the fact that history, and i commend the president for demonstrating with this nomination how it is possible to increase the diversity of talent and experience on the s with one very capable

3:40:10 to 3:40:30( Edit History Discussion )

Ron Wyden: individual. chairman leahy and others have done an excellent job of going through the judge's impressive background. so i do want to spend some time talking about the two issues that judge sotomayor and i discussed in our office most

3:40:31 to 3:40:51( Edit History Discussion )

Ron Wyden: extensively: presidential power and end-of-life. serving on the senate select committee on intelligence, i've followed the history with respect to the president's commander in chief authority. disagreements about this authority and how it's applied

3:40:52 to 3:41:12( Edit History Discussion )

Ron Wyden: are certainly nothing new. there have been vigorous debates about this country was founded. but over the past several years, there has been especially heated debate around these questions, and whether during times of war the

3:41:13 to 3:41:34( Edit History Discussion )

Ron Wyden: president has the authority to ignore laws states congress. as a result, there have been several occasions over the past few years where the supreme court has had to rule on major national security address this question directly. our court has frequently been

3:41:35 to 3:41:56( Edit History Discussion )

Ron Wyden: sharply divided on at the same time, it has consistently ruled in the view and the wds of justice sandra day o'connor, "a state of war is not a blank check for the president." i believe that this is a principle to be upheld. when i raised these issues with

3:41:57 to 3:42:18( Edit History Discussion )

Ron Wyden: judge sotomayor, i was impressed with her thoughtfulness, her knowledge, and the experience she discussed for dealing with these thorny issues. her answers made me believe that, as a supreme court justice, judge sotomayor would apply that struck a bance, a very

3:42:19 to 3:42:39( Edit History Discussion )

Ron Wyden: careful balance, between protecting our collective security and protecting our individual liberty. mr. president, we've always had in the national security area something of a constitutional teeter totter where the founding fathers alwa

3:42:40 to 3:43:01( Edit History Discussion )

Ron Wyden: ensure there was an appropriate balance between protecting our nation and securing our individual liberties. maintaing that balance is what the founding fathers saw as paramount. and while judge sotomayor certainly gave no iling to me

3:43:02 to 3:43:23( Edit History Discussion )

Ron Wyden: in our discussion about natnal security, how she might rule in a particular case, i felt very strongly that she would be able to define the reach of the commander in chief's power so as to strike that appropriate balance between collective

3:43:24 to 3:43:46( Edit History Discussion )

Ron Wyden: security and individual liberty. i must say, i don't want judges that will president. i want judges that are going to defer to the law, judges that are going to defer to the constitution, and i believe that judge sotomayor will do that in her service on the united states

3:43:47 to 3:44:08( Edit History Discussion )

Ron Wyden: supreme court. mr. president, as i mentioned, i di matter of end-of-life health care. it was a very sensitive issue -- it is a very sensitive issue for millions of was striking about this in our

3:44:09 to 3:44:30( Edit History Discussion )

Ron Wyden: discussions when she and i met is that she recognized that it was law, one that deals with the rights of individuals and family members, and she certainly indicated that she was gng to spend a lot of time trying to

3:44:31 to 3:44:52( Edit History Discussion )

Ron Wyden: learn about the history of cases in this area and the court's judgments on end-of-life care. i've been very interested particular until justice brandeis's homestead case.

3:44:53 to 3:45:16( Edit History Discussion )

Ron Wyden: this was a 1928 case. the supreme court later justice brandeis's case which essentially made it clear that there was a right to be left alone, a right to be respecte in these very delicate questions. and what concerned me so much about the terry and again, judge sotomayor gave

3:45:17 to 3:45:40( Edit History Discussion )

Ron Wyden: no inkling about how she would rule in an end-of-life case. i think she understood my concern and would follow up on it, that we cannot hav officials, and particularl united states senate, become something of a medical court of appeals where the united states

3:45:41 to 3:46:05( Edit History Discussion )

Ron Wyden: senate essentially appoints itself as the arbiter of these very difficult, difficult tragedies. judge sotomayor didn't commit herself to any specific position on end-of-life issues or any other issues. and, in fact, the judge said

3:46:06 to 3:46:29( Edit History Discussion )

Ron Wyden: that coming from new york they have a very sophisticated set of laws and legal protection individual to make their own choices. not government, empower the individual to make these very difficult questns said that because new york had

3:46:30 to 3:46:51( Edit History Discussion )

Ron Wyden: hose statutes empowering -- those statutes empowering individuals, that she would spend time looking at the laws and the decisions of the supreme court in this area, reflecting again her commitment to follow the facts, follow the law, and

3:46:52 to 3:47:13( Edit History Discussion )

Ron Wyden: not bring any one sort o very difficu area of the law, one that, as sure as the night follows the day, is going to be before the supreme court of end-of-life health care. let me also mention one of our

3:47:14 to 3:47:35( Edit History Discussion )

Ron Wyden: colleagues talked about it, of her respect f i asked her about a woman's right to choose. she said that that is an area of a law that has been settled for decade. on the second amendment, she indicated she would not try to for hunting or personal protection.

3:47:36 to 3:47:56( Edit History Discussion )

Ron Wyden: again, what amounts t recognition of existing law. on foreign law, she said she would not rely on international legal decisions to constitution. this i mr. president, who is going to be very sensitive to following

3:47:57 to 3:48:17( Edit History Discussion )

Ron Wyden: precedent, following the facts and ensuring that those -- those principles are what guide her service on the united states mr. president, before i close, i'd like to introduce the senate judiciary committee

3:48:18 to 3:48:38( Edit History Discussion )

Ron Wyden: has received in support of judge sotomayor by the hispanic bar association. they passed a resolution in support of the judge's nomination. the senate judiciary committee has also received statements of support national bar association, from the past presidents of the nhba. i would ask unanimous consent that that be entered into the record. the presing officer: without objection.

3:48:39 to 3:48:59( Edit History Discussion )

Ron Wyden: mr. wyden: this organization, the hispanic national bar association, is a not-for-profit national membership association that represents the the more than 100,000 attorneys, judges, law professors, legal assistants and law students of hispanic descent in the united states, its territories and puerto rico.

3:49:00 to 3:49:21( Edit History Discussion )

Ron Wyden: after a review of her fictionqualifications and overall record, the hispanic national bar association for the united states supreme court concluded that judge sotomayor i extraoinarily well qualified to court. mr. president, i would ask unanimou consent that in addition to that endorsement, resolution -- and the

3:49:22 to 3:49:42( Edit History Discussion )

Ron Wyden: resolution, that statements of support be put into the record at this time. the presiding officer: without objection. mr. wyden: mr. president, let me close simply by saying we have to review a nominee, a nominee for this ext

3:49:43 to 3:50:03( Edit History Discussion )

Ron Wyden: important position, one of the most important measures for me is to know that the nominee's views mainstream of america jurisprudence. i came away hope that the senate won't take my word for it or any other colleague's word for it.

3:50:04 to 3:50:24( Edit History Discussion )

Ron Wyden: i think we ought to reflect on what the american bar association said. they gave her its highest ra or listen to former f.b.i. director louis freeh, who called her an outstanding judge, or read the dozens of endorsements for her, including those from the american hunters and shooters association, the chamber of commerce, and the

3:50:25 to 3:50:45( Edit History Discussion )

Ron Wyden: national assoc lawyers. mr. president, i started my statement around by laying out the criteria that i believe ought to be used in evaluating a supreme court nominee. in terms of those criteri

3:50:46 to 3:51:00( Edit History Discussion )

Ron Wyden: judge sotomayor who will bring the supreme court. she will be a role model for millions and millions of young people in our country, and i hope our colleagues will