Senate Proceeding on Aug 6th, 2009 :: 2:35:15 to 2:40:30
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2:34:56 to 2:35:16( Edit History Discussion )

George Voinovich: court gin her academic and professional achievement it's not surprising that the american bar association has given the judge its highest ratings when considering her for the supreme court. while impressive in what she has overcome to reach this point in without blem iraq.

2:35:15 to 2:40:30( Edit History Discussion )
Speech By: George Voinovich

2:35:17 to 2:35:37( Edit History Discussion )

George Voinovich: in particular, the one comment that give me significant pause as to her nomination was the now-well-known statement by the judge that -- quote -- "a latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life" -- end of quote.

2:35:38 to 2:35:59( Edit History Discussion )

George Voinovich: such a statement is repugnant to someone like me who has worked so hard to reach a colorblind society where an individual race or gender is not considered in judging a person's merit. the question i had asked myself was, is this comment an indication that judge sotomayor wouldeject the rule of blind justice to favor certain

2:36:00 to 2:36:20( Edit History Discussion )

George Voinovich: people on the basis of inappropriate criteria? after study of her judicial record, i have concluded it is not. based on my review, judge sotomayor's decisions, while not always the decision i would render, are not outside the legal mainstream and do not indicate an obvious desire to

2:36:21 to 2:36:41( Edit History Discussion )

George Voinovich: legislate from the bench. furthermore, judge sotomayor recognized during her nomination hearings that this -- quote -- "could be hurtful and was not reflective of how she would judge cases. through my review and my staff's review of her cases, her testimony, and my conversation with the judge, i have confidence that the parties who

2:36:42 to 2:37:03( Edit History Discussion )

George Voinovich: appear before her will encounter a judge who is committed to recognizing and suppressing any personal bias she may have to reach a decision that is dictated by the rule of law and precedent. i think i would be remiss in my discsion of the judge if i fail to address the supreme court's decision in the ricci v. destefano case.

2:37:04 to 2:37:25( Edit History Discussion )

George Voinovich: by now, all my colleagues and many americans are aware that the supreme court reversed the second circuit's decision in the ricci case. the case involved a reverse discrimination suit against the city of new haven, connecticut. some sotomayor's confirmation have used this opinion to suggest her legal philosophy is outside the

2:37:26 to 2:37:46( Edit History Discussion )

George Voinovich: mainstream of jurisprudence and that her nomination should be rejected. i believe a review of the close decisions rendered by various federal courts, including the second circuit 7-6 decision-to-, to refuse to rehear the case and the supreme court's decision to reverse the

2:37:47 to 2:38:07( Edit History Discussion )

George Voinovich: second circuit suggests that this matter was for a number of judges that close call. in other words, it was very close and for one to say she's outside of the mainstream when these decisions were so close, i think, is really stretching things quite a bit.

2:38:08 to 2:38:28( Edit History Discussion )

George Voinovich: i believe that judge sotomayor and her fellow panel judges would have been better served the public by issuing a more comprehensive decision regarding their logic in affirming the district court's decision in favor of the city of new haven. in make a few remarks about the judicial confirmation process. judge sotomayor is the third

2:38:29 to 2:38:51( Edit History Discussion )

George Voinovich: nominee to the supreme court to become the -- to come before the senateince i came here in 1999. for both justice roberts and alito, then-senator obama promoted -- quote -- "an empathy standard." to determine if he would vote for these nominees. then-senator obama said "the critical ingredient is supplied

2:38:52 to 2:39:12( Edit History Discussion )

George Voinovich: by what is in the judge's heart." end of quote. such an analysis is no analysis at all. in fact, it flies in the face of the meritocracy in which judge sotomayor succeeded. all of us in this chamber can examine the academic credentials of and prior judicial decisions

2:39:13 to 2:39:33( Edit History Discussion )

George Voinovich: authored by a nominee and determine whether he or she is qualified. we cannot examine and judge what is in the heart. let me be clear: standard, i would n for judge sotomayor, his nominee. the president was wrong. his standard makes the whole

2:39:34 to 2:39:54( Edit History Discussion )

George Voinovich: nomination process and exercise, i think, partisan politics. we need less politics in the judicial selection process and the judiciary in,eral, not more. it has become too politicized in the last several years. it's something that all of us should be concerned about. i urge all my colleagues to reje

2:39:55 to 2:40:17( Edit History Discussion )

George Voinovich: standard, just as judge sotomayor rejected it, just as i am rejecting it, and return to a standard where it is the qualifications of a nominee that we judges, nolt the politics or heart of that nominee. -- not the politics or heart of that nominee. judge sotomayor is not the nominee i would have selected if i were president, but making a nomination is not my role here today.

2:40:18 to 2:40:30( Edit History Discussion )

George Voinovich: my role is to examine her qualifications, to determine if she is fit to serve. ain, in reviewing her academic and professional record, taking into account her temperament and integrity, it is clear to me she