Senate Proceeding on Jan 30th, 2006 :: 0:00:00 to 0:20:00
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Rear Adm. Barry Black: @?@.,b,b ?:b.b2?a

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Speech By: Rear Adm. Barry Black

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Rear Adm. Barry Black: b ,? -thie presiding officer: the b-senate will. come. to ?order and?lb-the. chaplain, can barryb @ black,-will lead. the senate. in. prayer.bb.>7z-the chaplain: let us pray r eternal god, to whom a thousand z

0:00:05 to 0:00:45( Edit History Discussion )

Rear Adm. Barry Black: b ,? -thie presiding officer: the b-senate will. come. to ?order and?lb-the. chaplain, can barryb @ black,-will lead. the senate. in. prayer.bb.>7z-the chaplain: let us pray r eternal god, to whom a thousand z

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Rear Adm. Barry Black: -years are but a moment, by your b&b-mercy we have ?received the gift of a?nother dayv?b b-help u?@s to maximb.ize b.today's ?b 2-possibilities with humble and @ ?a grateful h earts.pv2

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Rear Adm. Barry Black: b-forgive our pa@st faults and.b-failures and empower us to pressb-forward with faib.th toward a b.b-prodtive tomorrowi?{b-bl?ess our lawmqakers and the." ?-memb>ers of

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Rear Adm. Barry Black: their staffs2b-b-may the words of tv?heir lb.ips and `?-b-the meditations of their hearts b`?-bring glory to youv?b.vv?v z`?&?-let not life's wb.ariness ?@or this 3v-world's confusion rob ?ethem of.

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Rear Adm. Barry Black: b b-their trust in youv?b.b2b -take control of our livesqb-make us large of spirit,ab-generous anderciful 7buse

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Rear Adm. Barry Black: us to lift up the fallen and"?b -re?@mind us to bless even v>those.v`b`?&b -who curse us bzb-show us the straight path and a 7b 2 b.b-clear way over t he diffib.cu?lties 2?b-of today and tomorrow b.

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Rear Adm. Barry Black: >?b z>b& -we pray in your sovereig?n nameb 2 ?@ amenb 6 ?rb.~ v?&?-the presidin ?g officer: pl

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Robert Bennett: ease&b-join? me in thee pledge 2 of.brv-allegiance to the. flagz2 b-i pledge allegiance to the flag z-of the united st ates of america b.v:.7?`b-and to the republic for which ?-it stands, one nation ?iundebir b.~.v; -god, indivisible, with liberty ba and v2justice for all.vb.

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Speech By: Robert Bennett

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Robert Bennett: bs 7b.7?@?b`?`?&b-the. clerk will. read.> a?&?-communication to the senate b`b-the clerk: washi~7ngton, d.c?,b b b.b-january. 30rbgs. 2006 [b

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Robert Bennett: .b`b-to the senate:b *?-unde?r the provisions of rule 1 b`z-b.paragraph 3, of the st anb.dingzb-rules of tb.he senate, i hereby `b&b-appoint the hob.norable se?2nator -robert bennett, from the state?-of utah, to perform the dutiesb`?[ of the chair?&?-signed, ted stevens, presidentbab`b&b-pro tempore ~:?bb

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Robert Bennett: b.v`?-the b.presiding officer: under the b`?-b-previous order the leadership-time i?2s. reserved and?2 the senate-will?a proceed - t he senat?e 2 ib.s`?-available. for morning ?usinessthe senator. from. vermont is 2?-recognized b`?&bba senator: mr. president, lab.st wednesday. i.

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Robert Bennett: . subb.mitted a?-statement. expressing my concerns.b-with the?@ nomination. of. judge samuel alito to the unitedb-states s?aupreme ourt?@?b`?&b-i. am. hereb today to. reib.teratez2?-b-these c?oncerns. as. we move toward`b-a final vote q on. this 2 nomination >b p

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b ,? ,b & acts. of.a theb2 v-congress?-how. the courtv. addresses theseb-questions. goes to the heart of-what we. stand for as

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a country,-which is whyb{ this nomination > is b&?-b.so importantb2b @b &?-well many. of. my. colleagues. will disagree with. my. assessment. of-b-judge @ alitob&b s this will. be. a lifetime apb.pointment, and a.

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. lifetime. is-too long to. be br wrong ?@ mr. president,b i yield the?-floor ~ &b-the presiding officer: under the previous order the senate. will?b -oceed. to executive 2 session and ?-resume consideration of. calenda.er.b-number 490 which the clerk will.b-reportb

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@.the clerk: nominatio"?n: supreme court of the united. states,?-samuel a^~ alito of new jerseybp to.b`b-b-be an z3 associate justice>` the presiding officer: under the previous order the time. from. ?`?@ b-10:00. until 11:00 shall be. under b&b-the control of the democratic-side i i recognize the senator from

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-massachusetts @?3?v&?mr. kenned?2y: i thank the chairv;b.p?b b&b-mr. president,?a this. afternoon at `?-4:30, the senate will. ?e

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?2b&b-casting -- members of this body-will be.2 casting an. extremely?-important. vote that theb-b-implications of. which aire going to be. felt. not only. in nb:eeds?-nextev: several months ;?~ but f2or a b-great number of years, not. o?nly&b

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-for. this. gener?eation, but for the?e?-next generatb.ion and. the.7b-following. generb.ation`?`-that's?s the nomination. for?2 the?`-su?preme court. of the united-states and w?ahether we're going to move. ahead?@ and have. a? finalb&b-vob.teb.

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on this tomorrow 7?2?@?b-i @ believe,? mr. president, as?; b-i've said a earlier there? is -nothing that's more. important? -than t:he ote. we. cast. on.2 the ?-supreme court.z except. sending?&?-young.br.

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. americans to a war sendi?ng?-young americans to. war?k?@b:b-the. implications. of. this. vote-are @.l b.,b far-reaching-it's one that. is followed -- as-one that hasr f?ollowed. the courts-of this (?@? country as. they. moved us`

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?&bq ~?to a fairer and. a more. just b`b`bq nation over. the per?iod. ob.f the b-past ?e this. nb.omination. to me. hasb-v-enb.ormous cb.onsequences and `?: enormousv{?@b importance-as i mention, i. doubtz:

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if. we'll ?-cast another vote, unles?2s. it-will be. for a supreme court`?`? -nominee, any time in the near.b&b-futureb`b`b-i remember tb.he? beginning of. the?&b-great ?@march. tow ards progress.b-that this rz nation.:b.

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made.bp with. the?`b&?-fifth. circuit?> in. the 1950 b`b-the x greatb.~. heroes, judge wisdom, judge @ tut?xtl?e, judge?2"? johnston, many?@ others that. really awakened`?&z-this nat?ion. to. its? greatness in

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-terms. of. having. america~?b."? be `b-am?ierica by. knocking down. wallsof discrimination and@~? prejudice2b&b-our founding fathers failed.bqz7 on -that as we know.b&?r they wrote?"e?^7 effectibpvely slaveryb&?-into the. constitution`?-we fought.@ a civil war that.b`bi

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didn't resolve it,?6 didn't. solveb`?-b.it though.bz we. hb.ad?r obviouslyb with.b-president lincoln and. other extraordinary @v? leaders we began?`b&?-to move. this. process"? forb.wardb -where we're. goi?2ng to. knock down.b&?&b-the. walls?2&, of @z> discrimination-it was? really as a result.b

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. of the bq extraordinary. leadership, i?&?-think,?6 of. dr. king, his?pv: allies,bqb -associb.ates in. the late [ 1950-thb.at america began to.z7@ tv?hi~nk?`"-about ?@what this a coubrntry was all about, recognizing the s

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tains. of ~ discrimination and tb.hen we. had?b.>?b @?-a. real. beginning ob.f."e movement and-knocking down the bs wal ls of -discrimination and the public-accommodation. act of 1964, thea voting rights. act of

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1965, civil ?-rights act of. 1967,7ousing in.~?b e?-1968 the title 9 in 1973`&b-we knocked db.owb.n. az> 1?965, we >-knocked down wallsbi of&?-discrimination in our`b-immigration. laws, the n?ational.~?

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b-b-origin quota system, the asian b-pacific track. - triangle. that -discriminated a gainst asians-the national?"ebx origin.b3? quota b.bb `b-discriminated against. groups. of -counv?tries.r> we made. enormous 2 progress, not that laws. themselves are goingb ?-to solve these?

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issues. or.b-problemsb&b-we had~ laws. that. were.~?[r? passed, b-with support of the?y democrab.ts and. republicans alike during-this period of.bs time, and we&b-became a?~ fairer and. ab.ore. just 7b-nation?r?-still,2 very.

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important areas thab.t`? we have @ to. move towards to."? -complete tz7hab.t. marb.chb&b-the. stains. of discrimination. are still out. there not nearly. as `?-obb.vious asb tb.hey were in the?`b`b-earlier. part of^b

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. tb.heb last &?r century, but theb.y're still out?`?-there &z-they're very evident-and i think all of. us. at. one-ti?*me o?xr. ano?ther still see them.b-it's not?> limited obviously to p a ? : reach. of theb

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ba country it exists. in. my. part ofbi the -country, as w?ell.br?`b-the real test. is. are we moving-forwd to knocking. down. theb`?-walls. of. jim discrimination-that's always. been. a pretty-b-basic test for me in terms?b of &b-reaching a judgment. and decision-onz

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he supreme court@b -i can. remember theb."? case. of lane b.b`b&-vs tennessee that. was decide not lon g. ago ?-it@ involved. a woman in a?h?&-wheelchair, a. single mom two?h bq children train

0:13:12 to 0:13:27( Edit History Discussion )

ed as a courtb&v> reporter b.the state. was tennessee?`?&b-about. 60% of. all the courtrooms-in tennessee for?% some. reason are on the second. floorb.b-and the question. was whether theb-americans. with. disabilities. act,-and. iz welco?smed. the opportunityb

0:13:27 to 0:13:42( Edit History Discussion )

&?-to work. closely with. my -colleague. from. iowa, senator harkin on. that "? program again, we had by the time. we &b-came to > the?b floor we 7 had bipartisan support for that -legislation -president bush one indicated it-was the.

0:13:42 to 0:13:58( Edit History Discussion )

piece of. legislationba he.b&? -was. proud?est of-it wasn't. always. eas?~y in?b: terms ofbr deabrling wb.ith the. disabled.b-i can. remember. when. we. hadba four&?-million children that. were kept.b`b-in closets in thaition. this&b-na?ation rather. than being. able tob.^`z-go to. sch ool.b-we had bip?2artisanship in the?

0:13:58 to 0:14:12( Edit History Discussion )

.b-idea theb [iv? individuals with disabilities education act?`?-we made. enormous progress during`?-thiseriod-now we have a? few years ago tb.he lane vs tennessee the que"stion.b-whether. this single mom bi

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whetherb b-that cbrourthouse was. going to.bhb-make reasonable.s accommodation to ?-le?t that single. mom? who was?-trained as a court?r reporter.z7 to -avoid being. carried up. theb3`b-flig of. stairs, avo?id beingb-casrried. into."?v? theb i ladies'b

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i rb.oom,?-avoid other humiliating b :circumstances. because?ba ob.f. her7b `b`?-disability ?-was. the courthouse. going to have.b-to make. those reasonable ;?-accommodations?-fob.ur justicev7s on the supreme court said. no.

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?-no no, we. donb.'t have. to i make b.b-accommodations ?r ut. five said ?r yes sandra day o?'connor. said. yesb-and. they. made. thoseb-accommodations that mother. was ablbse. to gain -entrance into. that courthouse-b-and ha?s. had

0:14:59 to 0:15:14( Edit History Discussion )

a successful @b career -she appeared before. our?a committee with tears on her. eyes-about the po?rtion. of x a single.b:b -vote in. t?he supreme court of. the?&-united states&?-if that. had gone. 5-4 all 50`?-states would; have. had to. have i passed

0:15:14 to 0:15:30( Edit History Discussion )

? disability. rights acts,b-not americans. with 2> disabilities, massachusetts. disability,?-connecticut. disability, rhode b-b-island disabilities, but~? we had. b--americans. with. disa?ilitb.ies `?-42 million of. our fellow-citizens with. physical. and mental?@ d?@isabilities are. a part -of the^7 american. family.b

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." tb.oday b-just like. we've knocked down the -walls of discriminatb.ion i on rac?@e,b:b`?&?-reb.ligion ethnicity we have-knocked. down the.b2 walls on -gender on db.isability.b-and. we've made some progress, as--well ibrn. terms of i?b.

0:15:46 to 0:16:01( Edit History Discussion )

those gay and-lesbian. issues, as well-so we've made. this. march towardsbi ?-progress mr. president, and the-question is. whether we are. going to have a judge? tv.hat believes ib.n. ?@ > that marchb 2?r of. pro?@gress. or.bp whether ?we're ?hgoing. to. hav?e-someone. that. is. going to be a roadblb.ock in that. march.

0:16:01 to 0:16:16( Edit History Discussion )

towards?-progressb.| @?-and. i reserve ? my. - i've.b-expressed my opposition r to. judge?&? -al ito, m?r. president because ib`b {think is he. the wrong judge obin-b-the wroong time. on. the wrong?&?-court&?-i do not believe he. is. going to`

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be part of the whole movement of the. continued? march t?owards progress in. this. country?&?&b-and. set a very, very.bi delicatv[e i?-balance `?`z we have seen at. other times inb&?&?-american history wherev?b b-executives led the way in. making`? -this a fairer. country we have?n: s.7een. where congress. has led. the.

0:16:32 to 0:16:48( Edit History Discussion )

. way being a fairer.v-country`?-certainly : we - we. sawb bq that in ?-the. - with executive power certainly in terms of. the b-adoption of. the medicare i program.9.9 ?!?!b&&b-programs ~. medicaid-we had presidential. leaders?>hip&b i fo?r. awhile in? the early; 1960's-and then finally we. p?assed.

0:16:48 to 0:17:03( Edit History Discussion )

-those-and as a result, we. are a fairer -- ask our elderly people-we didn't have the medicare,?-didn't have the socb.ial security programs where we. would be. as a"-b.country ab.nd as. a nation.br so that. is. the issuea:. does. t?3his`b-b-nominee

0:17:03 to 0:17:19( Edit History Discussion )

@ - and i accepted. the challenge of judge alito? that-said well, let's read. my. cases b-read my cases ? -and i'm. reminded of the fact.b&?-that to. really. understand. the?i nominee, one? has to : read the -dissenting cases

0:17:19 to 0:17:35( Edit History Discussion )

?2? :ruth bader ginsburg. and robert ork agreed. 91% of. the time.b-isn'?lt that extraordinary?-two. individualsb of q dramatically-different. j?qudicial. philosophies-agreed 91% of. the time&b&b-where. you?> found their differences. were @ in. the dissentb-and tha

0:17:35 to 0:17:51( Edit History Discussion )

t is. where i. looked. with -regards. to. this.ominee?v-and that is. why> i came to the conclusion that. this. nomineeas?-not .going. to. be.

0:17:51 to 0:18:07( Edit History Discussion )

b.v: friendly. to. the ? average worker, friendly. on women's ; rights, friendly on. theb -issues of. race.; friendly 7v? ob.n. tb.heb`?-issues of. the environmenta an

0:18:07 to 0:18:22( Edit History Discussion )

d b-would. no. doubt be willing to-accede to. a more i expansive?2 executive power. for the?-executive. office @but, mr. president i -- i-rememberba the time. when. the b-president. announced the ?

0:18:22 to 0:18:37( Edit History Discussion )

b.b; judb2geb-alitb.o-i. happenev?d to be. -- it was.7 in &b-the early. morning b-i. happeneb.d to be. up. in.bq?`b-massac?husetts-we knew that was announcement.b&b-was b.going to. be. there?v>?-and we? - i didn't. know. really.zb-b-alito, but certain ly?;?@ the?

0:18:37 to 0:18:52( Edit History Discussion )

-representations wa;s. thab.t. there's ? -a. wide.v2-open. kind. ob.f. net that has &b-been spread. out across theb-country.> to. try and finv?d the very 2 best the very. best. in.~? ourb-nation that was. going to a be. able.b-tob.v2 be ab part, be. ab nomin

0:18:52 to 0:19:06( Edit History Discussion )

ee?-bywe have. seen, mr. president >`b-where we?2@ have. had republicans ---i.z voted@ fb.or seven republican.b&b-b-nomi.4nees for the?> sb.upreme courtb b-we h ave hadb2 a great man y b.of ?y ?-those.z nominees. were. virtually?6?`?`?-unanimous. in. this. bodb.y,i.

0:19:06 to 0:19:21( Edit History Discussion )

2 democrats. and republicans v?otinb.g &?-to?2getherb. b2 for nominees qand that is.b6 what i. thinkb: all of &?-v2us were hopin?@g for ?3 we?% had seen 2 sort. of. the fiasco 2 that had taken place with.b&b-ha rr?iet. miersb-we?@ saw groups. in this.

0:19:21 to 0:19:38( Edit History Discussion )

country?-that were. prepared v?^2 tb.o. exercb.ise [?a ab;?@ veto of the. we. saw groups in the nation that. were. prepareb.d. to -exercise a litmus. test, groups`?-in the nation.br said. absolutely `?`?@ b.no, we're. not going to? have @ harriet 2 miers we're n?2ot going ?-b.to have. harriet > miers these. are the same

0:19:38 to 0:19:53( Edit History Discussion )

groups. that b`-in dicated. for so. long. that. w?e. `?&b-nominees are entitled. to. a vote -up? and down b`?-we ought to be able tb.o. loob.k. at.b-nominees' judicial. philosophy-b-and. all the rest oy, all of. those issues.2 went-right. out the window&b-right. out

0:19:53 to 0:20:09( Edit History Discussion )

the window. when -harriet. miers was.e nominated?b and the reason. was because harriet. miers didn't. pass. av7?`?-litmus test-now we have the 3 appoiv?nt?@ment of 7 judge. alitob `b xand before the announcement. was?&b-really ended we