Metavid

Video archive of the US Congress

Senate Proceeding on Aug 5th, 2010 :: 5:17:05 to 5:31:55
Total video length: 12 hours 32 minutes Stream Tools: Stream Overview | Edit Time

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

Download OptionsEmbed Video

Views:361 Duration: 0:14:50 Discussion

Previous speech: Next speech:

Patrick Leahy

5:17:01 to 5:17:24( Edit History Discussion )

Patrick Leahy: the privilege of working with you on this constitutional effort. mr. leahy: mr. president? the presiding officer: the recognized. mr. leahy: mr. president, i thank the senator from alabama for his kind words. we both set out with a goal to make sure the united states has

Patrick Leahy

5:17:05 to 5:31:55( Edit History Discussion )
Speech By: Patrick Leahy

Patrick Leahy

5:17:25 to 5:17:47( Edit History Discussion )

Patrick Leahy: a chance to hear this nomination, to hear the debate it, and to have senators speak. we both decided before the debate that that would happen and it has. so i thank the senator from alabama.

Patrick Leahy

5:17:48 to 5:18:09( Edit History Discussion )

Patrick Leahy: mr. president, we' about to conclude senate debate on the nomination of elana kagan to be an associateustice of the united states supreme court. this is a time when the 100 of us stand in the footsteps of 300 million americans and make the decision whether she'll b

Patrick Leahy

5:18:10 to 5:18:31( Edit History Discussion )

Patrick Leahy: confirmed to a lifetime appoint why i pre -- appointment. i pre she will be confirmed and have bipartisan nomination. she -- will replace justice stevens. man i consider a friend.

Patrick Leahy

5:18:32 to 5:18:54( Edit History Discussion )

Patrick Leahy: at her -- her quafications, intelligence, temperment and judgment will make her a worthy successor to justice john paul stevens. also when she is appointed by the president after we confirm her, three women will serve together on the united states

Patrick Leahy

5:18:55 to 5:19:16( Edit History Discussion )

Patrick Leahy: supreme c in our nation's history. three women on the nine-member supreme court. as i said 5 1/2 weeks ago when the judiciary committee began solicitor general kagan's confirmation hearing, we are a better country for the fact that the path of excellence elana

Patrick Leahy

5:19:17 to 5:19:38( Edit History Discussion )

Patrick Leahy: kagan has taken her career is one now open to both men and women. mr. president, i look forward today to see -- to the day i see many more women on that court. solicitor general kagan's legal qualification are unassailable. she earned her place at the top of the legal profession. no one gave it to her. she earned it.

Patrick Leahy

5:19:39 to 5:19:59( Edit History Discussion )

Patrick Leahy: as a student she excelled at princeton and oxford and harvard law school. she was a law clerk to a giant, an american justice, and american law, justice that our thurgood marshall. she worked for chairman biden on the judiciary committee.

Patrick Leahy

5:20:00 to 5:20:21( Edit History Discussion )

Patrick Leahy: this combined with her work as an adviser to president clinton give her background in all three branches of or government. this is unique. she also taught law at two of the nation's most respected law schools. in the deces since the republican senate majority pocket filibustered her

Patrick Leahy

5:20:22 to 5:20:44( Edit History Discussion )

Patrick Leahy: nomination to the d.c. circuit. remember when people said, she hasn't had judicial experience. of course, the republicans did block her from going on the court. elana kagan became the first woman dean of harvard law school and then the first woman solicitor general of the united states. solicitor general, as we all

Patrick Leahy

5:20:45 to 5:21:05( Edit History Discussion )

Patrick Leahy: know is often referred to as the tenth justice. the 100 of us who serve the united states senate, as i said, stand in the shoes of more than 300 million americans. we discharge this constitutional duty to consider nominations of our nation's federal courts. we will conclude that our

Patrick Leahy

5:21:06 to 5:21:29( Edit History Discussion )

Patrick Leahy: consideration of this nomination after 12 weeks of consideration. if we can do that for -- for a supreme court nomination, we ought to be able to consider the other judicial nominations that have been stalled for months after being favorably reported by the judiciary committee.

Patrick Leahy

5:21:30 to 5:21:52( Edit History Discussion )

Patrick Leahy: mr. president, this is the 15th time since i've been in the senate that i've been able to consider a sreme court nomination. 15 times during my years in the senate. and i've applied the same standards to this nomination as i have to the ones that speeded it. -- preded it.

Patrick Leahy

5:21:53 to 5:22:14( Edit History Discussion )

Patrick Leahy: i looked to see whether solicitor general kagan would fairly apply the law and use common sense. this is the same standard i used on the first supreme court justice i got to vote on, a man from chicago, justice john paul stevens, nominated by a republican president, and i proudly voted for him. i looked to see whether, as a

Patrick Leahy

5:22:15 to 5:22:35( Edit History Discussion )

Patrick Leahy: justice, she would appreciate the proper roles of the court and our democracy. would she be the kind of independent justice to keep faith each of the word's inscribed in vermont mar belled

Patrick Leahy

5:22:36 to 5:22:56( Edit History Discussion )

Patrick Leahy: over the supreme court, equal justice to all. after reviewing her record and testimony is a resounding yes. solicitor general kagan spoke of judicial restraint and respect for our democratic institutions. and her commitment to the constitution and the rule of law. she made clear that she will

Patrick Leahy

5:22:57 to 5:23:19( Edit History Discussion )

Patrick Leahy: base her approach to deciding cases on the law and the constitution. not politics or an idealogical agenda and so today i will cast my vote for elana kagan's confirmation. i observed through theout side of this confirmation process that there was no one president obama could nominateho would

Patrick Leahy

5:23:20 to 5:23:43( Edit History Discussion )

Patrick Leahy: not be opposed by some. some senators announced their opposition to solicitor general kagan's nomination even before her hearing took place. the opening statement at the judiciary committee hearing struck me more like prosecutor

Patrick Leahy

5:23:44 to 5:24:06( Edit History Discussion )

Patrick Leahy: closing arguments. senators who last year disregarded justice sotomayor's years of judicial service to focus on a few phrases taken out of context from her speeches reversed to proclaim that the extent of

Patrick Leahy

5:24:07 to 5:24:28( Edit History Discussion )

Patrick Leahy: the judicial record is imperative. standard shifts, mr. president almost every time. they then general kagan having not been a judge by ignoring the fact that the senate republicans pocket filibustered her judicial nomination more than 10 years ago. senators can make their own judgment, and they have.

Patrick Leahy

5:24:29 to 5:24:49( Edit History Discussion )

Patrick Leahy: i would ask of them only two things, fairly consider solicitor general kagan's testimony and adhere to the standards of fairness and objectivity to demanding of her as a justice. history will judge weather senators fairly considered the nomination of solicitor general kagan. i commend those senators who

Patrick Leahy

5:24:50 to 5:25:10( Edit History Discussion )

Patrick Leahy: have shown the independence to join the bipartisan confirmation of this nomination. i also defend right of every senator to vote as he or she chooses. i understand that some statements may not position to this nomination were seen as insulting to the nominee and to others.

Patrick Leahy

5:25:11 to 5:25:32( Edit History Discussion )

Patrick Leahy: i disagreed with many of the inferences and conclusions and judgments expressed in opposition, but i do not think senators intended their remarks to be disparaging. five years ago, mr. president, i i -- i followed on the floor of our democratic leader who came out in opposition to the nomination of john roberts.

Patrick Leahy

5:25:33 to 5:25:54( Edit History Discussion )

Patrick Leahy: i was the next one to speak. i came out in favor of john roberts. that was my judgment based on the record and his testimony. inuding his pronouncements on judicial restraint, deference to congress and restraint for precedent. at the time senators on the democratic side of the aisle, a

Patrick Leahy

5:25:55 to 5:26:15( Edit History Discussion )

Patrick Leahy: judgment of them disagreed with me, including one senator who disagreed with my position, but then came to the floor to defend my position. that senator was the then junior senator from illinois. of course he now serves as the president of the united states.

Patrick Leahy

5:26:16 to 5:26:36( Edit History Discussion )

Patrick Leahy: as i told president obama the other day, his defense of me meant a lot then and five years later it still in the course of our consideration of this nomination i have spoken several times about the key role that real world judging and judicial independence played in fu

Patrick Leahy

5:26:37 to 5:26:57( Edit History Discussion )

Patrick Leahy: purpose of forming a more perfect union. it is essential the judicial nominees understand as judges they're not members of any administration and i believe solicitor general kagan has that understanding. that's why the supreme court 2000 -- was so jarg and why the

Patrick Leahy

5:26:58 to 5:27:18( Edit History Discussion )

Patrick Leahy: recent decision by five conservative activist justices in citizens united to throw out 100 years of legal developments in order to invite massive corporate spending on elections. the first time in 100 years. that's such a joke to the system. i expect that elana kagan

Patrick Leahy

5:27:19 to 5:27:40( Edit History Discussion )

Patrick Leahy: learned early on in her legal career when she clerked for justice marshall that justices ought to understand how their decisions affect real americans. in the hard case that's come before the supreme court in the real world we want and need justices who have the good sense

Patrick Leahy

5:27:41 to 5:28:01( Edit History Discussion )

Patrick Leahy: to respect the real world. the american people live in the real world and great challenges and the supreme court ought to live in the same real world. it the took the supreme court the 1954 understood the real world to conclude in brown v. board of education that the

Patrick Leahy

5:28:02 to 5:28:22( Edit History Discussion )

Patrick Leahy: seemingly fair-sounding doctrine of separate but equal was the reality a straitjacket of inequality and inconsistent with the constitutional guarantee of equality. it took a supreme court 75 years ago that understood the real world of the great depression to

Patrick Leahy

5:28:23 to 5:28:44( Edit History Discussion )

Patrick Leahy: reject conservative judicial activism and accept the constitutional authority of congress to outlaw child labor to guarantee a minimum wage and to establish a social safe for all americans and through social security and medicare and medica congress ensured that growing old no longer means growing poor. and that being older or poorer

Patrick Leahy

5:28:45 to 5:29:06( Edit History Discussion )

Patrick Leahy: no longer means being without medical care. that progress continues today with our effort to pass laws to ensure protection from natural and manmade disasters, to encourage clean air and water, to provide health care for all americans, to ensure saf food and drugs, to protect equal rights, to enforce safe places,

Patrick Leahy

5:29:07 to 5:29:27( Edit History Discussion )

Patrick Leahy: to provide a safety net for seniors. vermont didn't join the union until the year the bill of rights was ratified. those of us from the green mountain state are protected with our fundamental liberties. we understand the importance of the constitution including the bill of rights. and i believe solicitor general

Patrick Leahy

5:29:28 to 5:29:48( Edit History Discussion )

Patrick Leahy: kagan shares this understanding. as she said in her opening statement at the hearing, what the rule of law does is nothing less than secure for each of us what our constitution calls the blessings of liberty. those rights and freedoms, that promise of equality that define this nation since its founding.

Patrick Leahy

5:29:49 to 5:30:09( Edit History Discussion )

Patrick Leahy: all of us are better for our historic progress to greater freedom, equalitynd security. mr. president, every february the senate hears president george washington's farewell address. usually read by the senate's most junior member. in that pronouncement by our first president george

Patrick Leahy

5:30:10 to 5:30:32( Edit History Discussion )

Patrick Leahy: washington, it warns against the dangers of factions, partisanship, and what he called the spirit of party, noting the common and continual miss -- miss chif of the spirit of party are sufficient to make it in the spirit of a wise people to discourage and restrain it.

Patrick Leahy

5:30:33 to 5:30:53( Edit History Discussion )

Patrick Leahy: it serves always to distract the public counsels and feeble the puic administration, ill-founded jealousies and public alarms. the animosity of one party against another, occasionally riot, insurrection. mr. president, that was george washington a long time ago.

Patrick Leahy

5:30:54 to 5:31:15( Edit History Discussion )

Patrick Leahy: today our nation faces many challenges. it's a time when we should be pulling together and working together. we have seen too much obstruction, nifty and devotion to the failure of the other party instead of the success of the country. the nomination of solicitor

Patrick Leahy

5:31:16 to 5:31:36( Edit History Discussion )

Patrick Leahy: general elena kagan is a matter in which i expect the president had hoped we would come together. her nomination really is one worthy of broad bipartisan support. with elena kagan's confirmation, the supreme court will better reflect the diversity that made our country so great.

Patrick Leahy

5:31:37 to 5:31:57( Edit History Discussion )

Patrick Leahy: we will write another chapter in the history of our nation's highest court. we willake another step forward in fulfilling the hopes and dreams of the trailblazers who set the path for elena kagan to fall.

Personal tools

MetaVid is a non-profit project of UC Santa Cruz and the Sunlight Foundation. Learn more About MetaVid

The C-SPAN logo and other servicemarks that may be found in video content are the property of their respective trademark holders. None of these trademark holders are affiliated with Metavid