The Supreme Court Confirmation Hearings: The Vote
The Supreme Court Confirmation Hearings: The Vote
Press gathered in Senate Judiciary Committee hearing room. “The Supreme Court Confirmation Hearings: The Vote. August 14, 1986.” Chairman of the Senate Judiciary Committee U.S. Senator Strom Thurmond (R-SC) makes opening remarks, confirming his support for Judges William Rehnquist and Antonin Scalia, commends President Ronald Reagan on his choices.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Joseph Biden (D-DE) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the U.S. Supreme Court. Senator Biden says that although Justice Rehnquist appears to be on the far right of the Court, his decisions did not lead him to believe that Rehnquist rejected Constitutional process. Biden expresses doubts on whether Rehnquist can garner a sense of flexibility or consensus as Chief Justice. Biden does not believe Rehnquist was candid with the Committee, questions Rehnquist’s stance on race and gender discrimination. Biden expresses concerns over Rehnquist’s clerkship for former Supreme Court Justice Robert H. Jackson and Rehnquist’s action over his past 15 years as a member of the Court, questioning his opinion on application of the 14th Amendment to race and gender discrimination. Biden votes "no" on elevating Rehnquist to the position of Chief Justice. Adult Caucasian male press photographer taking pictures.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Charles Mathias (R-MD) shares his thoughts on promoting William Rehnquist to Chief Justice of the Supreme Court. Senator Mathias believes Justice Rehnquist has demonstrated he has the intellectual ability to be Chief, but says the office deserves more; the Chief Justice must provide leadership and direction to an often divided institution, and Rehnquist colleagues on the Court support him in this. Mathias says Rehnquist appears to be prepared to take on the duties of Chief Justice, has a thoughtful approach to wide range of topics regarding the administration of justice. Mathias says Warren Burger set a high standard for the office and Rehnquist is qualified to meet it. Mathias discusses controversies such as voter intimidation and restrictive covenants in Rehnquist’s deeds. Mathias says Rehnquist should have removed restrictive covenants from his Arizona and Vermont deeds before he accepted them, but says many Americans may find similar blots on deed their families have given or received. Mathias concludes that in-attention, not insensitivity best explains Rehnquist’s situation.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Charles Mathias (R-MD) concludes his thoughts on promoting Justice William Rehnquist to Chief Justice of the U.S. Supreme Court. Senator Mathias discusses the idea brought earlier in the hearings that the nation’s laws would be quite different if Justice Rehnquist’s views had been joined by a majority of the Court. U.S. Senators Joseph Biden (D-DE) and Edward “Ted” Kennedy (D-MA). Mathias says the nation is fortunate that some of Rehnquist’s opinions did not command a majority. Mathias says his distastes of some of Rehnquist’s decisions cannot be conclusive of his vote because he believes Rehnquist will continue to express his views in the majority or the dissent as a member of the Court; we should not exaggerate which chair Rehnquist will occupy. Mathias says respect for the principle of judicial independence should make us reluctant to lean too heavily on the decisions of a Federal judge. Mathias says the framers of the Constitution knew an independent judiciary is incompatible with any attempt by the political branches to hold a judge personally accountable for his rulings. Mathias votes in favor of the confirmation.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Edward “Ted” Kennedy (D-MA) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court, says the Chief Justice is the highest symbol of U.S. commitment to the Constitution and to the Bill of Rights. Kennedy says the Chief Justice is the ultimate protector of freedom and the system of equal justice. Kennedy says the record of Justice Rehnquist contains overwhelming and shocking evidence of his intense life-long hostility as a lawyer, a public official, and as member of the Supreme Court to the claims for racial justice. Kennedy says Rehnquist’s record is equally unsatisfactory on other great issues fundamental to the system of justice; Rehnquist is wrong on equal rights for women, wrong on the separation of church and state, wrong on the most basic individual protected by the 1st Amendment. Kennedy calls Rehnquist an extremist, whose views place him far outside the mainstream of debate about the Constitution. Kennedy believes Rehnquist is too extreme to sit as Chief Justice. Kennedy says Rehnquist was not candid to the committee on controversial instances that have marred the hearings, for example Rehnquist’s denial of voter intimidation in Arizona, but the evidence that he did is overwhelming. Kennedy says Rehnquist had totalitarian views about the right of government to spy on citizens and violated the basic rules of judicial ethics. Kennedy intends to vote against Rehnquist as Chief Justice, hopes the Senate will do the same, adding that Rehnquist’s extremist views have no place in the office of Chief Justice. Kennedy says the debate in the Senate Judiciary Committee will shift to the House floor, noting the nomination of G. Harrold Carswell by the Committee, but was rejected by the Senate. Kennedy votes "no."
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Paul Laxalt (R-NV) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court, reaffirms his full support. Laxalt believes Rehnquist came out of the hearings stronger than he went in, says the hearings were rocky and Rehnquist comported himself with constraint, great ability, and integrity. Laxalt commends the Committee in dealing with contention in the documents, adding it was felt that the documents contained a smoking gun during the time Rehnquist served in the office of legal counsel during the the Vietnam era. Laxalt says nothing was revealed. Laxalt says there were sensitive question in connection with health that were handled satisfactorily. Laxalt says there are members of the Committee who do not agree with Rehnquist’s political philosophy, but the fact of the matter is that President Ronald Reagan was elected in 1984 with a majority of 49 states and it is President Reagan’s right to elect a Chief comporting to his political philosophy. Laxalt says to those who object, there will be another election, it’s the obligation of the Committee not rubber stamp the President, but to take an independent look and the Committee has done so. Laxalt says Rehnquist has achieved high marks in legal qualifications and morals. Laxalt says he proudly supports the nomination.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Robert Byrd (D-WV) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court, reports the nomination of Justice Rehnquist to debate in the full Senate, as he has done with past nominations. Byrd withholds voting until after debate in the full Senate.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Orrin Hatch (R-UT) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court, believes the Judiciary Committee has exhausted every road and subject in examination of 20-year-old documents for the Office of Legal Counsel. Hatch says the Committee has scrutinized every word written 34 years ago, written by Rehnquist as a young law clerk for the Court. Hatch says the Committee has reviewed 20-year-old FBI records and independent medical records. Hatch says the process has provided for every opportunity to scrutinize every detail of Rehnquist’s life. Hatch believes Rehnquist has come through well and those who know him know what a mild mannered, decent man he is. Hatch admits scrutiny is the right of the Committee and its members, but he has been disappointed by the tenor of some rejections. Hatch believes scrutinizing the intent against the best resolution of someone who has served the public well for 15 years.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Orrin Hatch (R-UT) shares his thoughts on confirming Justice William Rehnquist, as Chief Justice of the Supreme Court. Senator Hatch believes that all through the Senate Judiciary hearings, Justice Rehnquist has come out very well. Hatch believes the Rehnquist should be confirmed as Chief Justice and is confident that Rehnquist will be confirmed. Hatch states he will vote yes.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Howard Metzenbaum (D-OH) shares his thoughts confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Metzenbaum says he came into these hearings with an open mind, although he was not enthused by the appointment, he feels he was obligated to hear all the facts before arriving at a conclusion. As Metzenbaum heard the evidence, the concern for him became the question of Justice Rehnquist’s credibility, candor, honesty and judicial ethics. Metzenbaum says there are too many issues to push aside, pointing out the case of Rehnquist and Arizona voter intimidation. Metzenbaum says the issue is not whether Rehnquist harassed African American and Hispanic voters, but rather what did Rehnquist tell the Senate Judiciary Committee. Metzenbaum believes Rehnquist mislead the Committee on the facts in 1971 and again in 1986.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Howard Metzenbaum (D-OH) continues his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Metzenbaum discusses 5 witnesses, including doctors and lawyers and the difficulty they faced offering testimony against confirming Justice Rehnquist; adding that the 7 witnesses who testified in favor of Rehnquist must be discounted due to gaps in their time with Rehnquist. Metzenbaum questions Rehnquist’s changing account of his opinion on school segregation from Rehnquist’s time as a clerk for Supreme Court Justice Robert H. Jackson, to his 1971 nomination hearing for the Supreme Court, to his current 1986 hearing for his Chief Justice nomination. Metzenbaum says this brings to question Rehnquist’s candor.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Howard Metzenbaum (D-OH) continues his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Metzenbaum says that in addition to credibility, Justice Rehnquist’s judicial ethics are also an issue. Metzenbaum discusses Rehnquist’s memo in favor of military surveillance on U.S. citizens. Metzenbaum references Rehnquist’s appearance before U.S. Senator Sam Ervin’s (D-NC) Committee regarding military surveillance of U.S. civilians. Metzenbaum references Rehnquist’s unethical involvement in the case of Larid v. Tatum. Metzenbaum is concerned that a Rehnquist led court could deprive the disadvantaged, racial minorities and women. Metzenbaum discusses the dangers of big government, the diminishing of the separation of church and state, and the restriction of free speech. Metzenbaum will vote against the confirmation of Rehnquist as Chief Justice, due to the fear of endangering Constitutional liberties. U.S. Senator Alan Simpson (R-WY) is seen speaking with Senate Judiciary Committee Chairman U.S. Senator Strom Thurmond (R-SC) and U.S. Senator Orrin Hatch (R-UT).
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Alan Simpson (R-WY) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme. Senator Simpson discusses his problem with the substance of the hearings. Simpson talks about the voter intimidation cases against Justice Rehnquist and the restrictive covenants in Rehnquist’s deeds; Sampson believes this evidence says more about the inquisitors of the Senate Judiciary hearings more than Rehnquist. Simpson says stupid and evil restrictive covenants are littered throughout deeds across the United States. Sen. Simpson sarcastically mentions the impeaching of Rehnquist now, rather than waiting.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Alan Simpson (R-WY) continues his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Simpson commends Democrats for their handling of the medical inquiry into Justice Rehnquist. Simpson discusses Rehnquist’s history of opinions over his past 15 years as a Supreme Court Justice and the possibility of Rehnquist being under the influence of a prescription drug. Simpson believes that nothing bad has been said about Rehnquist’s past opinions. Simpson implies that members of the Committee are hypocritical for seeking perfection in Rehnquist. Senate Judiciary Chairman U.S. Senator Strom Thurmond (R-SC) reminds Simpson of his time. Simpson pushes on; bringing up the “pot and the Kettle,” says “the pot call calling the kettle black is what this hearing is.” Simpson says the standards of the Senate have been trashed. Simpson quotes Justice William Brennan as saying Rehnquist will make a great Chief Justice. Simpson fully supports confirming Rehnquist as Chief Justice.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Dennis DeConcini (D-AR) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator DeConcini says that he intends to vote for Justice Rehnquist. DeConcini expresses disappointment with Rehnquist and Supreme Court Justice nominee Antonin Scalia; saying that nominees should not be advised by the Administration (Reagan Administration) to be evasive and passive on answering certain questions posed by the Senate Judiciary Committee. DeConcini says he is disturbed by Rehnquist’s involvement in the Republican’s “dirty tricks” in Arizona in the late 1960's and early 1970's (voter intimidation), which DeConcini says he witnessed. DeConcini says the Democratic Party has been involved in “dirty tricks”, but there is no question in his mind that the Republican Party attempted the rights of Arizonians to vote; adding that there were no legal charges, so there can be no legal accusations.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Dennis DeConcini (D-AR) continues to share his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator DeConcini says he is satisfied of Justice Rehnquist’s involvement in voter intimidation as a member of the legal counsel for the Arizona Republican Party, but he is not convinced that Rehnquist challenged voters directly. DeConcini believes Rehnquist is a smart man and knows the law. DeConcini discusses the witnesses who testified in Rehnquist’s hearings and the sworn testimony of Rehnquist. DeConcini says that he would hate to be scrutinized over each thing he did in the 1960's. DeConcini believes Rehnquist is qualified without question and that he has proven this, as an Associate Justice of the Supreme Court.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Dennis DeConcini (D-AR) continues his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator DeConcini says that there are numerous opinions from Justice Rehnquist that he does not agree with and many he agrees with, but says that the case has been the same with past Justices. DeConcini does not judge on ideology, but rather the quality of the people, to their experience and to their veracity. DeConcini says he is satisfied that Rehnquist has told the truth to the best of his ability. DeConcini intends to vote for Rehnquist.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Arlen Specter (R-PA) shares his thoughts on confirming Justice William Rehnquist as Chief Justice and confirming Antonin Scalia as an Associate Justice of the Supreme; Senator Specter intends to confirm both nominees. Specter discusses the confidential papers that Justice Rehnquist wrote as Assistant Attorney General and commends U.S. President Ronald Reagan for making those papers available to the Senate Judiciary Committee. Specter says these papers were important, because they were written by Rehnquist at a time when he had no reason to believe they would be made public; adding that these papers show Rehnquist’s views and report nothing that would disqualify them. Specter believes that Rehnquist answered very important questions before the Committee. Rehnquist affirmed the authority of the Supreme Court to make final judgments on the Constitution. Specter believes there are some people in the country today that believe neither the President nor Congress must observe the decisions of the Supreme Court. Specter believes Rehnquist’s affirmation of Marbury v. Madison is important. Specter agrees with Rehnquist that the Congress should not have the power to limit the jurisdiction of the Supreme Court, mentioning the issue of busing. Specter discusses the importance of the 14th Amendment and the Bill of Rights applying to all states.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Arlen Specter (R-PA) continues his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Specter says Justice Rehnquist’s views on many Constitutional issues are very different from his own, but Specter does not believe that is the test. Specter quotes Oliver Wendell Holmes “time has upset many fighting faiths.” Specter believes the role of a dissenter on the Supreme Court is a justifiable one. Specter believes Rehnquist would have been wiser not to have sat on Larid v. Tatum. Specter believes Rehnquist was not a good witness on his own behalf. Specter states that he was disturbed by the Arizona challenger testimony and troubled by the restrictive covenants; Specter believes these proceedings have raised the national conscience on the restrictive covenant issue. Specter says the issue is not whether Rehnquist will stay on the Supreme Court, but rather should Rehnquist serve as Chief Justice. Specter supports both the appointments of Rehnquist and Antonin Scalia.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Patrick Leahy (D-VT) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Leahy questions whether Justice Rehnquist has the credibility and stature to be Chief Justice; whether Rehnquist can be the first among equals, can be the symbol of justice for the nation or lead an independent branch of government. Leahy says Rehnquist will be Chief Justice long after many Senators have left office; jokingly excluding Senate Judiciary Committee Chairman U.S. Senator Strom Thurmond (R-SC). Leahy expresses concerns over Rehnquist not removing himself from Larid v. Tatum, and believes that Rehnquist sat on Larid v. Tatum out of political motivation as a former member of President Nixon’s Administration. Leahy questions Rehnquist’s ability to be a good model for all other judges who must form a consensus.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Patrick Leahy (D-VT) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court, says his vote on whether to confirm Justice Rehnquist will be symbolic and not affect the outcome either way. Leahy talks about a discussion he had with his son, in which they discussed what is required of lawyers, judges, and those that may be appointed as judges. Leahy says his conclusion on Rehnquist is a close call, that the Senate Judiciary Committee is not a court of law and its job is to resolve doubts in favor of the Constitution. Leahy says the Chief Justice is the symbol of a fair and just society. Leahy says Rehnquist will be confirmed, but that he will vote only as one Senator who cannot vote for Rehnquist. U.S. Senator Strom Thurmond (R-SC).
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Chuck Grassley (R-IA) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Grassley intends to support the confirmation of Justice Rehnquist as Chief Justice. Grassley believes that Rehnquist will carry out his responsibilities in an honorable, fair and effective manner, with the same devotion to duty he has had in his 15 years as an Associate Justice.
The Supreme Court Confirmation Hearings: The Vote
Senator Howell Heflin (D-AL) shares his views on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Heflin discusses Justice Rehnquist’s 15 years as an Associate Justice of the Supreme Court and commends his reputation for integrity and honesty among his colleagues. Heflin hopes that Rehnquist will act with courage to do what is right, act with compassion, and act with commitment to uphold the Constitution, even when the Constitution dictates a result which may differ from personal conviction. Heflin discusses what has been said about Rehnquist becoming a consensus builder and that Rehnquist may sway other members of the Court; Heflin disagrees with these ideas, stating “one man plus courage is a majority.” Heflin says Rehnquist’s tenure as Chief Justice will be judged not by his consensus building ability, but rather his devotion to a fair and just interpretation of the Constitution.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Howell Heflin (D-AL) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Heflin discusses the criticism of Justice Rehnquist’s record and his credibility. Heflin says it takes a lifetime to build a reputation of integrity, and believes that Rehnquist has proven a strong reputation for integrity. Heflin offers advice to Rehnquist "to those who are concerned about Rehnquist’s ability to lead this nation equally and fairly as Chief Justice, there is one thing that Rehnquist can do, prove them wrong".
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Jeremiah Denton (R-AL) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Based on his record and testimony, Senator Denton believes Justice Rehnquist has lived up to his word delivered to the Senate Judiciary Committee in 1971. Denton references Rehnquist’s quoting of Justice Felix Frankfurter “if putting on the robe does not change a man, then there is something wrong with the man.” Denton says if those surveyed by the American Bar Association Standing Committee, who are slightly to the left of President Reagan would rate Rehnquist highly, then he can support Rehnquist.
The Supreme Court Confirmation Hearings: The Vote
Senator Paul Simon (D-IL) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Simon says he started out leaning towards voting in favor of Justice Rehnquist, adding that there is much to be said in favor of Rehnquist. Simon does not question Rehnquist’s legal ability, administrative ability, or his courage to be alone in his opinions. Simon says the importance of these Senate Judiciary Hearings is the "symbolic role" of the Chief Justice, who must symbolize justice to all Americans. Simon says that when he asked Rehnquist about the symbolism of Chief Justice, that Rehnquist paused and that made him pause; Simon believes that Rehnquist’s vision of the law clearly alienates large numbers of American citizens, and that there are those who question whether Rehnquist will administer the law equally and fairly. Simon does not believe Rehnquist symbolizes that posture of justice for all, as fully as a Chief Justice might. Simon will not vote for Rehnquist.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Mitch McConnell (R-KY) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator McConnell believes U.S. President Ronald Reagan has made the finest possible choice in nominating Justice Rehnquist for Chief Justice. McConnell believes that Rehnquist understands the duty he is about to assume as Chief Justice, and reflects the same philosophical views of the President; if Rehnquist is an extremist than so is Reagan, along with the American people who gave Reagan 49 out of 50 states. McConnell believes Rehnquist’s character and integrity remain intact, after a partisan and abusive attack. McConnell says Rehnquist has been uniformly applauded by the American Bar Association Committee, and believes that Rehnquist will be one of the great Chief Justice’s in the country’s history. Senator McConnell intends to support Rehnquist.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Jim Broyhill (R-NC) shares his thoughts on confirming Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Broyhill discusses the criticism of Justice Rehnquist’s views; he believes Rehnquist’s views are not out of line, not only with his colleagues, but with the American people.
The Supreme Court Confirmation Hearings: The Vote
Chairman of the Senate Judiciary Committee U.S. Senator Strom Thurmond (R-SC) opens voting on the confirmation of Justice William Rehnquist as Chief Justice of the Supreme Court. Senator Thurmond states “The President has nominated Justice William Rehnquist to be Chief Justice of the United States. Those in favor will say aye, those opposed say no”. Adult female clerk (VO) calls roll: U.S. Senator Charles Mathias (R-MD) “aye”, U.S. Senator Paul Laxalt (R-NV) (response unintelligible) U.S. Senator Joseph Biden (D-DE) “no”, U.S. Senator Edward “Ted” Kennedy “no”, U.S. Senator Howard Metzenbaum (D-OH) “no”, U.S. Senator Patrick Leahy (D-VT) “no”, U.S. Senator Paul Simon (D-IL) “no”.
The Supreme Court Confirmation Hearings: The Vote
U.S. Senator Howard Metzenbaum (D-OH) shares his thoughts on Supreme Court Justice nominee Antonin Scalia. Senator Metzenbaum believes that Scalia will be fair and open minded; and that his opinions have been well written. U.S. Senator Chuck Grassley (R-IA) discusses Scalia’s youth, vigor, collegiality and powers of persuasion. U.S. Senator Patrick Leahy believes it would be difficult to find someone more qualified than Scalia; Leahy will vote for him. U.S. Senator Arlen Specter (R-PA) was pleased to see Scalia classify himself as a moderate and is hopeful that his views will moderate the Supreme Court, especially in the field of women’s rights. U.S. Senator Edward “Ted” Kennedy (D-MA) calls Scalia a conservative, but not an extremist. Senator Kennedy will vote for Scalia assuming there is a vacancy on the Supreme Court. U.S. Senator Orrin Hatch (R-UT) tells Kennedy that he can count on a vacancy.
The Supreme Court Confirmation Hearings: The Vote
Chairman of the Senate Judiciary Committee U.S. Senator Strom Thurmond (R-SC) opens vote on the confirmation of Supreme Court Justice nominee Antonin Scalia. Adult female clerk (VO) calls roll: U.S. Senator Charles Mathias (R-MD) “aye”, U.S. Senator Paul Laxalt (R-NV) “aye by proxy”, U.S. Senator Orrin Hatch (R-UT) “aye”, U.S. Senator Alan Simpson (R-WY) “aye”. The clerk tells Senator Thurmond there are 18 “yays” and no “nays”. Thurmond confirms Supreme Court Justice Scalia. U.S. Senator Joseph Biden discusses the issuance of a minority report on Justice William Rehnquist’s confirmation as Chief Justice of the Supreme Court. Thurmond discusses proxy votes and opens voting on Supreme Court Justice nominee Scalia.