Senate Proceeding on Sep 17th, 2009 :: 3:18:25 to 3:26:25
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3:18:21 to 3:18:41( Edit History Discussion )

Charles Schumer: equally. the presiding officer: without objection, so ordered. mr. schumer: mr. president? the presing officer: the senator from new york is recogniz mr. schumer: well, thank you, mr. president. first, i want to thank our chairman and leader, senator leahy, for not just moving this very qualified nominee forward but for his diligence and

3:18:25 to 3:26:25( Edit History Discussion )
Speech By: Charles Schumer

3:18:42 to 3:19:02( Edit History Discussion )

Charles Schumer: steadfastness and patience as we try to move judges to the floor. senator leahy, as everyone in this chamber knows, is a very fair-minded person. he always goes out of his way to allow people to have their time to speak. we have this in judiciary committee this morning -- we had this in judiciary committee this

3:19:03 to 3:19:26( Edit History Discussion )

Charles Schumer: morning, and done an amazing job in trying to move our judges through. and i hope that those on the other side of the aisle will hear his heartfelt plea that we stop all these dilatory tactics. having said that, today's a very good day, mr. president, because i'm so pleased to rise in favor of the nomination of the first appointment by president obama to a federal appellate court

3:19:27 to 3:19:48( Edit History Discussion )

Charles Schumer: that this body will consider. and, mr. president, if judge gerard lynch is any indication of the quality and temperament and intellectual firepower of judges whom president obama intends to nominate, then my friends on both sides of the aisle should have reason to rejoice today. as chairman leahy has already

3:19:49 to 3:20:11( Edit History Discussion )

Charles Schumer: noted, judge lynch was referred out of committee by unanimous voice vote. even my friend and colleague, ranking member sessions, was able to support judge lynch despite having opposed his nomination to the district court bench in 2000. judge lynch, who currently sits as a u.s. district court in the southern district, comes to us

3:20:12 to 3:20:32( Edit History Discussion )

Charles Schumer: today for confirmation much as he did in 2000 for his first confirmation, with an unimpeachable record of moderation, consistency, intelligence, and dedication to exploring all facets of complex legal questions. but since then, he has amassed an impressive record of moderation and thoroughness.

3:20:33 to 3:20:53( Edit History Discussion )

Charles Schumer: in his nine years on the bench, he has issued nearly 800 opinions, has tried nearly 90 case to verdict, has been overturned by the second circuit only 12 times, and one of those times, the second circuit was, in turn, reversed by the united states supreme court. there should not be any doubt that judge lynch is not an ideologue.

3:20:54 to 3:21:14( Edit History Discussion )

Charles Schumer: his opinions and his writings show moderation and thoughtfulness. he's pragmatic. his peers and those who practiced before him have found him both probing and courteous. in sum, very judicial in his temply. in -- very judicial in his temperament n. response to questions before the senate judiciary committee in 2000, judge lynch said --

3:21:15 to 3:21:35( Edit History Discussion )

Charles Schumer: quote -- "a judge who comes to the bench with an agenda or a set of social problems he or she would like to solve is in the wrong business." as his record has shown, mr. president, judge lynch is in the right business. i have said many times that my criteria for selecting good

3:21:36 to 3:21:56( Edit History Discussion )

Charles Schumer: judges are three: they shouldn't be -- the should be top of the line legally -- moderation -- judges shouldn't be too far right or too far left left -- and diversity. and i'm proud that judge lynch -- you know, i had, mr. president, as is somewhat known, despite the fact that president bush and i clashed on supreme court nominees and some of

3:21:57 to 3:22:17( Edit History Discussion )

Charles Schumer: within new york and within the second circuit, we had a very amiable arrangement, where he would nominate two and then we would get, senator clinton and i would get to nominate one. we each had a veto power on the other. and i'm proud to say that judge lynch was one of m choices to put on the district court bench.

3:22:18 to 3:22:38( Edit History Discussion )

Charles Schumer: and it was because the recommendation of his peers, the lawyers for whom -- before -- who practiced before him, and just the general legal community thought how good he was. that stands true today. he's still, more than ever before, meets the qualification of excellence, moderation, and

3:22:39 to 3:22:59( Edit History Discussion )

Charles Schumer: diversity. there's no question of excellence. he was first in both his classes at columbia, undergraduate and graduate. first. not even second or third. pretty good. his opinions are scholarly. and one that was overturned by the second circuit was lauded by the panel as -- quote -- "a

3:23:00 to 3:23:22( Edit History Discussion )

Charles Schumer: valiant effort by a conscientious district judge." there's also no question that judge lynch is, in fact, a moderate. his impressively low rever rate should give bethrough any argument he's outside the legal mainstream. now, the rap on judge lynch in 2000 among those 36 who voted against him is that he would

3:23:23 to 3:23:44( Edit History Discussion )

Charles Schumer: be -- quote -- "an activist." this out-of-context outtakes from two law review articles he had written. i what i said then. in both of these articles, then-professor lynch expressed the moderate view that the constitution cannot as a practical matteremain frozen

3:23:45 to 3:24:07( Edit History Discussion )

Charles Schumer: in the 18th century. the constitution should not be expanded but it must be interpreted. to illustrate my point about why judge lynch should be accepted as a pair gone of moderation -- paragon of moderation, i want to read two quoassments first, "text is the definitive expression of what w legislated." second -- quote -- "a text should not be construed strictly

3:24:08 to 3:24:28( Edit History Discussion )

Charles Schumer: and it should not be construed leniently. it should be construed reasonably to contain all that it fairly means." the second quote was written by associate justice antonin scalia. the first quote was from our nominee, judge lynch. so the entirety of judge lynch's copious opinions and rulings

3:24:29 to 3:24:50( Edit History Discussion )

Charles Schumer: bears out the conclusion that he doesn't intend to legislate from the bench. he has been the definition of law enforcing and justice seeking. he has ruled for the state against prisoners but he's also ruled that the state must protect the due process rights of those it seeks to detain. he has sentenced defendants convicted of horrible crimes to life without parole, and he also

3:24:51 to 3:25:14( Edit History Discussion )

Charles Schumer: expressed concern about what he thinks -- when he thinks a sentence might be too long while not imposing the sentence in complete accordance with the law. he has issued complex and scholarly opinions in securities and ant in sum, judge lynch imposed the sentence that was required by

3:25:15 to 3:25:35( Edit History Discussion )

Charles Schumer: law -- in sum, judge lynch is excellent and he represents moderation. now, let me say a word about diversity. judge lynch obviously is not a nominee who fits this bill. but i want to note another kind of diversity that belies mention. before he went on the bench, judge lynch sought out opportunities to be more than

3:25:36 to 3:25:57( Edit History Discussion )

Charles Schumer: just a smart professor living in an ivory tower. he spent five years in the u.s. attorney's office in the southern district as chief of the appellate section and chief of the criminal division. he worked as counsel to a prominent law firm. and he took numerous pro bono cases. in short, he lived the life of a real lawyer while teaching and writing. and driven by his own

3:25:58 to 3:26:19( Edit History Discussion )

Charles Schumer: conscience, he even registered for the draft during the vietnam war rather than seek a college deferment. very few do that. this is someone who has sought out a diversity of experiences which he now brings to the table as a judge. i look forward to this new chapter in judge lynch's service

3:26:20 to 3:26:25( Edit History Discussion )

Charles Schumer: to our country, and i hope he will get a unanimous vote or close to it from the members of