Senate Proceeding on Nov 19th, 2009 :: 4:43:05 to 4:56:10
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4:43:02 to 4:43:22( Edit History Discussion )

Jeff Sessions: well, mr. president, i will reserve the balance of my i see the distingui republican leader of the opposition on the floor good senator from alabama, and i time. i would ask that rachel pellam of my staff be given floor privileges for

4:43:05 to 4:56:10( Edit History Discussion )
Speech By: Jeff Sessions

4:43:23 to 4:43:45( Edit History Discussion )

Jeff Sessions: the rest of the day. the objection. the senator from alabama. mr. sessions: thank you, mr. president. so we've got the presiding officer and senator of our members today. we moved three judges through mmittee today, and i think all

4:43:46 to 4:44:06( Edit History Discussion )

Jeff Sessions: in all, senator us to death but we're making some progress in -- in situations. i just would note for the record if anybody would like to know, there are 21 circuit vacancies for circuit courts in america. the president has nominated 10 people for those vacancies.

4:44:07 to 4:44:28( Edit History Discussion )

Jeff Sessions: there are 76 district court vacancies and the president has nominated as of the 16th of november, 10. he has more vacancies than president bush and he's nominated less people. but a lot of things are happening. they'll catch up. you have to do background on

4:44:29 to 4:44:50( Edit History Discussion )

Jeff Sessions: nominees and they shouldn't just throw up names to try to throw up names. and most of his nominations are receiving bipartisan support. unfortunately i've not been able to support judge hamilton, and i'd like to explain a few things that concern me, particularly

4:44:51 to 4:45:12( Edit History Discussion )

Jeff Sessions: about his judicial philosophy, and about his ruling. i think they are significant. i wish they weren't. he's not a bad person. but a lot of people in america today have a philosophy, i think, is not appropriate for the federal bench.

4:45:13 to 4:45:33( Edit History Discussion )

Jeff Sessions: in hinrick hamilton prohibited the speaker of the indiana house of representatives, duly elected speaker, from allowing a sectarian prayer, as he described it, because some of those prayers had mentioned jesus christ and, therefore -- quote --"might advance a

4:45:34 to 4:45:54( Edit History Discussion )

Jeff Sessions: particular reline of scrimmageon -- religion contrary to the mandate of the constitution." judge hamilton ordered this speaker to adve any officiant delivering a prayer that a prayer must be nonsectarian, must not disparage a faith and

4:45:55 to 4:46:16( Edit History Discussion )

Jeff Sessions: must not use christ's name or title or any other denominatial appeal. close quote. i would just note, parenthetically, that every day we have a paid chapl commences this senate with a

4:46:17 to 4:46:37( Edit History Discussion )

Jeff Sessions: prayer and heaven knows, we need it. and hopefully we recognize that we need to. and i noticed those words up there on the wall, "in god we trust" haven't been chiseled out by the secularist by this day but we're a nation that believes in freedom of religion and the

4:46:38 to 4:46:59( Edit History Discussion )

Jeff Sessions: constitution says that will make no law the establishment prohibiting thereof. if we cease to balance this out in some of these matters. he made thatuling. and in a later ruling denying the speaker's request to stay

4:47:00 to 4:47:20( Edit History Discussion )

Jeff Sessions: this injunction, judge produced a novel notion that prayers in the name of jesus would be sectarian and, therefore, prohibited. but prayers in the name of allah would not be therefore, would be allowed.

4:47:21 to 4:47:42( Edit History Discussion )

Jeff Sessions: and they had had islamic imman prayer. he wrote -- quote -- "prayers are sectarian in the christian tradition when they proclaim or otherwise communicate the beliefs that jesus of nazareth was the christ, the m messiah, the son of god

4:47:43 to 4:48:04( Edit History Discussion )

Jeff Sessions: will return on judgment day or is otherwis otherwise divine." he went on to say -- quote -- "if those offering prayers in the indiana house of representatives choose to use the arabic allah, the court sees little risk that the choice of language would advance a

4:48:05 to 4:48:27( Edit History Discussion )

Jeff Sessions: particular religion or disparage others." in other words, that would be okay. so i find it hard to justify that -- that position intellectually, frankly. and i'm not saying he's antireligion. i'm saying that this jujt is -- that this judge is confused about his approach to the law

4:48:28 to 4:48:48( Edit History Discussion )

Jeff Sessions: and important legal questions involving religion. the seventh circuit found that the taxpayers lack standing to bring the lawsuit in the first place. the court of appeals did not reach the merits of the case, but the case naturally arises why did judge hamilton skip over the basic preliminary issue of standing and move to the merits of a case if their standing

4:48:49 to 4:49:10( Edit History Discussion )

Jeff Sessions: didn't exist? i submit that he perhaps desired to rule on the merits. and because he favored the outcome that he produced. in another case a woman's choice v. newman, judge hamilton succeeded in blocking the

4:49:11 to 4:49:31( Edit History Discussion )

Jeff Sessions: enforcement of a reasonable informed consent law for seven years in indiana law. in 1995 indiana enacted a statute that medical information to be provided to women seeking an abortion at least 18 hours prior to the procedure. the supreme court in planned

4:49:32 to 4:49:52( Edit History Discussion )

Jeff Sessions: parenthood v. casey, that important case, had that similar requirements were constitutional and did not restrict right to an abortion. just have the information provided to you for 18 hours advance. notwithstanding, judge hamilton granted a preliminary injunction against the enforcement of t law.

4:49:53 to 4:50:13( Edit History Discussion )

Jeff Sessions: in other words, he stopped the law from going into effect. he also assumed the role of a legislator, it seems to me, took out his judicial pen and struck some of the language from the statute. language he didn't like. the statute required that women receive this information in person, not through some third person. judge hamilton inside the

4:50:14 to 4:50:35( Edit History Discussion )

Jeff Sessions: injunction so as to prevent the state from enforcing the requirement that the information be provided -- quote -- "in the presence of" close quo, the pregmeant woman. he entered a permanent injunction, in essence, vetoing the law.

4:50:36 to 4:50:56( Edit History Discussion )

Jeff Sessions: finally the case reached the seventh circuit, in a decision by judge easterbrook, it concluded that judge hamilton abused his discretion. this is what he said about it. a lifetime appointed federal judge has the power to the state if he says constitution violate -- is violated by what a state does,

4:50:57 to 4:51:18( Edit History Discussion )

Jeff Sessions: the judge has the power to invalidate what the state does. but this it ought to be used very carefully. so after this case reached its end, this is what the opinion said -- quote -- "for seven years indiana has been prevented from enforcing a statute

4:51:19 to 4:51:41( Edit History Discussion )

Jeff Sessions: materially identical to a law held valid by the supreme court in casey, by this court, meaning the seventh circuit, in carlin and by the fifth circuit in barnes. no court anywhere in the country, other district judge in indiana, that

4:51:42 to 4:52:02( Edit History Discussion )

Jeff Sessions: is judge hamilton, has held any similar law invalid in the year since casey. indiana, like pennsylvania, and wisconsin, is entit its law into effect and have that law judged by its own consequences. close quote. it's not a bad law, people will change it. they have the power to do so.

4:52:03 to 4:52:24( Edit History Discussion )

Jeff Sessions: i would just suggest that that's a pretty stark criticism and a very serious criticism that one single judge is frustrated, a laws that constitutional for seven years. in woolsey, judge hamilton disregarded a defendant's prior conviction for a felony drug offense in order to avoid imposing a mandatory sentence of

4:52:25 to 4:52:45( Edit History Discussion )

Jeff Sessions: life in prisonment for persons convicted of a third offense. here the defendant felony drug offense. here the defendant was convicted of drug and firearms offenses after police executed a search warrant at his home where they s covered a -- discovered a

4:52:46 to 4:53:06( Edit History Discussion )

Jeff Sessions: half pound of cocaine, 31 pounds of marijuana, two pounds of methamphetamine, and that's a lot of methamphetamine, a of guns and $16,000 in currency. because the defendant had two prior felony convictions, he was

4:53:07 to 4:53:29( Edit History Discussion )

Jeff Sessions: subject to recidivism penalties, judge hamilton was reversed because he ignored prior convictions by the unanimous seventh circuit, court he wants to sit on now. this is what they said about his willfulness -- quote -- "we have admonished district courts that the statutory penalties for

4:53:30 to 4:53:51( Edit History Discussion )

Jeff Sessions: resirecidivism are not optional even if the court deems them unwise or an inappropriate response to repeat dg offenders." close quote. what they were saying, judge, you've been letting your own personal views override what you're ride to do by the law. you're a judge. you're supposed to follow the law.

4:53:52 to 4:54:14( Edit History Discussion )

Jeff Sessions: the oath you take is to serve under the constitution and the laws of the united states. you're not above it. so i think the opinion makes clear that judge hamilton either made several unnecessary errors or -- or intentionally ignored the law.

4:54:15 to 4:54:36( Edit History Discussion )

Jeff Sessions: in hamilton denied a request by a rabbi to place a menorah in a county building. a unanimous panel of the circuit reversed judge hamilton's ruling, noting that two supreme court cases were directly on for eight years the plaintiff in this case has been able display a menorah during the

4:54:37 to 4:54:58( Edit History Discussion )

Jeff Sessions: hanukkah until challenged the displays a violative of the first amendment. because of the aclu's challenge in 1993 marion county animously adopted a -- quote -- "policy on seasonal displays." they setup a policy trying to make everybody happy. and it was done to try to keep the courts happy by preventing a

4:54:59 to 4:55:20( Edit History Discussion )

Jeff Sessions: menorah from being displayed. so in 1994 when t plaintiff submitted a request to display the menorah, they were denied. the presiding officer: excuse sir -- mr. sessions: i know my time is up and i would a unanimous consent to have one minute. mr. leahy: as well as another

4:55:21 to 4:55:42( Edit History Discussion )

Jeff Sessions: minute on this side. the presiding officer: witut objection. mr. sessions: i would wrap-up by saying, there are other matters that i don't have time to go into, but i want to go into detail. because any nominee is entitled to they ought not to have their record distorted and -- and, as

4:55:43 to 4:56:04( Edit History Discussion )

Jeff Sessions: the senator said, people can make mistakes sometimes. but i think the pattern here is such that indicates, to me, that there are extraordinary circumstances that justify a -- an objection to the nomination because the nominee has shown a willfulness that allows him, it

4:56:05 to 4:56:11( Edit History Discussion )

Jeff Sessions: seems, to override the law. and a judge must be under the law. so i would offer this more detailed statement, mr.