Ginsburg Confirmation Hearings - 101/1
Ginsburg Confirmation Hearings - 101/1
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Ginsburg Confirmation Hearings - 101/1
Members of Senate Judiciary Committee panel U.S. Senators Chuck Grassley (R-IA), Dianne Feinstein (D-CA), Howard Metzenbaum (D-OH), Joseph Biden (D-DE), Patrick Leahy (D-VT), and Strom Thurmond (R-SC) seated with their adult Caucasian and African American male and female aides seated behind them; mostly adult Caucasian male media members crouched under panel. "Ginsburg Confirmation Hearings" title card. National Public Television host Paul Duke seated alongside National Public Radio host Nina Totenberg. Duke explains that Judge Ruth Bader Ginsburg was nominated to the Supreme Court by U.S. President Bill Clinton to replace retiring U.S. Supreme Court Judge Byron White. If confirmed, the Supreme Court would be making history by having two female judges serving at the same time. Duke suggests her confirmation process should be relatively smooth. Totenberg notes that it was the ranking Republican member of the Committee, Senator Orrin Hatch (R-UT), who suggested and endorsed Judge Ginsburg to President Clinton. Totenberg agrees her confirmation process should go well, but there will still be difficult questions that will need careful answers. Liberals worry Judge Ginsburg may be too conservative in her views. Senator Metzenbaum is one who may need more persuasion. Totenberg points out the Senate Judiciary Committee has different members since Justice Clarence Thomas was confirmed, adding four new members, two of whom are female.
Ginsburg Confirmation Hearings - 101/1
National Public Radio correspondent Nina Totenberg explains the appearances of Senator Arlen Specter (R-PA) and Howell Heflin (D-AL) will be different due to recent health issues. Totenberg and National Public Television correspondent Paul Duke note Judge Ruth Bader Ginsburg will not be wearing her tinted glasses for this hearing in order to appear more sympathetic to Senate Judiciary committee members. Duke and Totenberg banter before Duke explains their surroundings in the Senate Hart Office Building. U.S. Senator Howard Metzenbaum (D-OH) speaking with Senator Dianne Feinstein (D-CA); U.S. Senator Patrick Leahy (D-VT) taking a seat to speak with Senator Edward Kennedy (D-MA) and, in FG, U.S. Senator Alan Simpson (R-WY) speaking with adult Caucasian man. Duke and Totenberg describe the composition of the Senate Judiciary Committee, and Republican support for Judge Ginsburg.
Ginsburg Confirmation Hearings - 101/1
National Public Radio correspondent Nina Totenberg says President Bill Clinton did what two previous presidents refused to do and consulted the opposition party for ideas on who the next Supreme Court Justice should be. Totenberg explains what persuaded President Clinton to choose Judge Ruth Bader Ginsburg. Large group of mostly adult Caucasian male photographers taking pictures of Senate Judiciary Committee members with seated Judge Ginsburg. U.S. Senator Joseph Biden (D-DE) leans down to briefly speak with Ginsburg, both smiling; D.C. Delegate Eleanor Holmes Norton and U.S. Senator Daniel Patrick Moynihan (D-NY) stand on either side of Biden. Photographers take pictures of Judge Ginsburg; Senators Biden and Al D'Amato (D-NY) speak briefly. National Public Television correspondent Paul Duke gives some personal history on Judge Ginsburg. Duke gives a breakdown of the day's hearing schedule, which likely will only include introductory statements throughout the morning. Photographers taking pictures of Senators seated on Judiciary panel; Senator Alan Simpson (R-WY) standing behind his chair, Senator Arlen Specter (R-PA) seated in his chair, and Senator Orrin Hatch (R-UT) taking his seat along with Senator Biden.
Ginsburg Confirmation Hearings - 101/1
Photographers taking pictures of Senators seated on Judiciary panel; U.S. Senator Arlen Specter (R-PA) gets out of his seat. NPR correspondent Nina Totenberg says there is hope Judge Ruth Bader Ginsburg will get to her opening statement by end of morning. Totenberg describes Judge Ginsburg as a very private person who does not speak much at public gatherings, and is not used to this type of attention and political glad-handing. National Public Television correspondent Paul Duke notes the Ginsburg family does not have much of political presence in Washington D.C., and Ginsburg is considered to be a very shy, quiet, reserved but scholarly person. Judge Ginsburg going down the line and shaking hands with U.S. Senators Alan Simpson (R-WY), Joseph Biden (D-DE), Edward Kennedy (D-MA), Howard Metzenbaum (D-OH), Dennis DeConcini (D-AZ), Patrick Leahy (D-VT), Howell Heflin (D-AL), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA), and Carol Moseley-Braun (D-IL). Camera following Ginsburg as she steps down from the panel, returns to her seat. Gavel bangs, Senator Biden calls hearing to order.
Ginsburg Confirmation Hearings - 101/1
Senate Judiciary Committee chairman U.S. Senator Joseph Biden (D-DE): "The hearing will come to order, please. Judge Ginsburg, welcome." Judge Ruth Bader Ginsburg: "Thank you." Biden: "And, believe me, you are welcome here this morning. As I said to you a few moments ago, riding down on the train this morning I had my usual stack of newspapers. I will not name them all for fear of getting in trouble, but one that I had, beyond the Wilmington News Journal, which is the most important paper in America, was the New York Times. And I looked at page 1, and there was no comment about this hearing. I looked at page 2, and there was no comment, and page 3. And I literally thought I had picked up yesterday's edition. Then, as they say, my heart sang when I realized it was page 8 or 10 or 12, which was the most wonderful thing that has happened to me since I have been chairman of this committee: that a major hearing warranted the 8th or 9th or 10th page because thus far it has generated so little controversy. So you are welcome. But the real purpose of today's hearing is to welcome back Arlen Specter. Arlen, welcome. It is so good to have you back. It really is." Committee applauds the return of Senator Specter (R-PA), who smiles, acknowledges. Senator Biden: "I am one of the few people who can understand why he is wearing that hat. When I had a similar operation, Senator, former President Reagan wrote me a letter saying, 'Dear Joe'—and he had had the operation he had had on his skull somewhat earlier, and he said, 'Dear Joe: Welcome to the Cracked Head Club.' Well, welcome, Arlen. I hope you wear it well. Welcome back." Sen Arlen Specter: "I very much appreciate that, Mr. Chairman. I thought that, being a Senator, I had been a member of that club for some time." Senator Biden: "No, you have been a member of a different—I won't characterize what the club is you are a member of, but welcome back." Specter: "Thank you very much. Thank you."
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Senate Judiciary Committee chairman U.S. Senator Joseph Biden (D-DE): "On a more serious note, today the Senate Judiciary Committee welcomes Judge Ruth Bader Ginsburg, the President's nominee to be Associate Justice of the U.S. Supreme Court. This is a very familiar setting for us. Since I became chairman of this committee 7 years ago, we have now convened hearings on six nominees for the U.S. Supreme Court. The Constitution states clearly that the President 'shall nominate, and by and with the advice and consent of the Senate, shall appoint...judges of the Supreme Court.' Clearly the appointment of a Supreme Court Justice is not a Presidential prerogative. The Senate is an equal partner in the process and has significant obligations attendant to its responsibilities. These confirmation hearings are a major part, though not the only part, of the process by which we attempt to fulfill our constitutional responsibility. The nomination of a Supreme Court Justice signals the renewal of a national debate over the meaning of our Constitution—a debate, I might add, that has been going on for over 200 years, without end, and that will go on for another 200 years, I suspect. How will the broad principles embodied in the Constitution—phrases like due process, equal protection, rights retained by the people—how will these and other ennobling phrases in the Constitution be applied to the realities of everyday life? That is the issue which we have been debating and will continue to debate. Profound questions with practical implications have and will continue to confront us, as the judge only knows too well. Questions such as: Does religious freedom mean that Jewish-American soldiers cannot wear a yarmulke while on duty despite Army prohibition? Which, obviously, they can now, with certainty. Does liberty mean that each of us can decide, without the Government deciding for us, whom we shall marry, whether we shall marry, where we will live, or whether to have children or choose not to have children? Does the right to own property mean that the government may not, without compensation, prohibit a property owner from polluting the stream that flows through his or her land?" Judge Ginsburg listening along with her counsel.
Ginsburg Confirmation Hearings - 101/1
Senate Judiciary Committee chairman U.S. Senator Joseph Biden (D-DE): "These and hundreds of other thorny issues have no easy answers. There are not even any right answers in the usual sense of that word, but there are valid and varied constitutional approaches to answering them, applied over the last 200 years by justices on the Court. And the constitutional answers to such questions flow from the interpretive method judges apply to cases that come before them. Over the more than two centuries in which our constitutional democracy has endured, our understanding of individual freedom has expanded. This trend is not new. The expansion of notions of liberty and equality began with the birth of this Republic. Our understanding of the Constitution has not been static; rather, it has flowed consistently in the direction of broadening the freedom that Americans have as individuals. The document has remained, as its writers intended, in my view, a flexible and dynamic instrument. Throughout our history, each evolutionary change, though, has brought controversy. Each expansion of individual liberty has ignited resistance from those who prefer the status quo. But in every instance, moving ahead on liberty has proved to be the right thing to do. Removing the barriers of race to full equality generated enough conflict in the 19th century to fuel a bitter and bloody civil war, and resistance has been carried on into our own time. But today it is generally acknowledged, even where it was once most resisted, that reducing the barriers of race has strengthened American society. The granting of more, and equal rights, under the Constitution to women, a change that owes much to the lawyer who is our nominee today, has been similarly controversial. But today, with that process not yet complete, most Americans agree that it has been a change for the better in the life of this society. The Voting Rights Act, which has extended the practical right to vote to millions of formerly disenfranchised Americans, was and remains a source of controversy, even on the Supreme Court itself. But today there are hundreds of minority women and men holding public office where formerly there were few, even in areas where majority voters dominate the rolls, the entire process bringing us closer to the constitutional goal of representative government."
Ginsburg Confirmation Hearings - 101/1
Judge Ruth Bader Ginsberg sitting with her presenters, U.S. Senators Al D'Amato, (D-NY) and Daniel Patrick Moynihan (D-NY), and Eleanor Holmes Norton, Democratic delegate representing the District of Columbia. Senate Judiciary Committee chairman Senator Joseph Biden (D-DE): "The controversy that flows inevitably from change has found its way into these hearings in the past, into the confirmation process in the past decade-and-a-half. But it does not alter in any sense what we plan on doing here today. Our task today, as in all Supreme Court confirmation hearings, is to consider the character, and qualities, and the judicial philosophy of Ruth Bader Ginsburg. Judge Ginsburg comes before the committee with her place already secured in history. In the 1970's, Judge, you argued a series of landmark cases that changed the way our laws could distinguish legally between women and men, and you have significantly narrowed the circumstances under which distinctions among Americans may be made. You've already helped to change the meaning of equality in our nation. Now, as you face a new opportunity to help shape the future of America, we welcome you, and we invite you—and I personally invite you, Judge, to share with us and the American people your vision of the shape of the future of America. I yield now to my colleague, Senator Hatch, the ranking member, who I would also like to publicly thank for expediting this process. As all of my colleagues know, if any of the members in this committee concluded ---and particularly the ranking member--- concluded that it was not appropriate to move as rapidly as we have, under the Senate rules that could easily be done. It could be slowed. The Senator has been totally and completely cooperative from the outset. He's been a man of his word in suggesting that he would move where there was no controversy from his perspective, he would move judiciously, warning me that there may be future occasions when he might not be ready to be so cooperative. But I thank him for his cooperation, and I appreciate it very much." U.S. Senator Orrin Hatch (R-UT): "Thank you, Senator Biden, for your kind words, and welcome, Judge Ginsburg, to the committee. We're very happy and pleased to have you here and to finally have these proceedings start. And I want to personally pay tribute to my colleague, Senator Specter. We're happy to have him back and happy to have him in such good health and good condition. I do think he could have gotten a little better Pennsylvania hat than that one myself." Sen. Biden interjects: "And I wish you would fold the brim a little bit, Arlen." Senator Hatch: "At least curve the brim, Arlen." Audience laughs.
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U.S. Senator Orrin Hatch (R-UT): "I want to congratulate you, Judge Ginsburg, for this wonderful opportunity to be Associate Justice of the Supreme Court. You've had a distinguished career in the law. You've been a law professor and pioneering advocate for equal rights for women, and for over 13 years, you have served as a thoughtful member of the Court of Appeals for the District of Columbia Circuit. You've been nominated to replace a really fine member of the Court; a distinguished public servant and patriot, Justice Byron White, a person I have had a personal, strong friendship and relationship with, who I think is a great Justice, and I pay him tribute and wish him well as he enters into a well-deserved retirement. Judge Ginsburg's ability, character, intellect, and temperament to serve on the Supreme Court are not, in my mind, in question. I don't have any doubts at all about that. I have been favorably impressed with Judge Ginsburg for some time. A Supreme Court Justice, in my view, however, must meet an additional qualification. He or she must understand the role of the judiciary, including the Supreme Court, in our system of government. Under our system, a Supreme Court Justice should interpret the law and not legislate his or her own policy preferences from the bench. The role of the judicial branch is to enforce the provisions of the Constitution and the laws we enact in Congress as their meaning was originally intended by the Framers. Any other philosophy of judging requires un-elected Federal judges to impose their own personal views on the American people in the guise of construing the Constitution and Federal statutes. There is no way around this conclusion. Such an approach is judicial activism, plain and simple, and it is wrong, whether it comes from the political left, or whether it comes from the political right. Let there be no mistake: The Constitution, in its original meaning, can be readily applied to changing circumstances. That telephones did not exist in 1791, for example, does not mean that the Fourth Amendment's ban on unreasonable searches is inapplicable to a person's use of the telephone. But while circumstances may change, the meaning—the principle—of the text, which applies to those new circumstances, does not change. Reasonable jurists can sometimes disagree over what a particular constitutional or statutory provision was intended to mean and over how meaning is properly applied to a given set of facts. But if the judicial branch is not governed by a jurisprudence of original meaning, the judiciary usurps the role the Constitution reserves to the people through their elected representatives."
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U.S. Senator Orrin Hatch (R-UT) continuing opening statement: "When judges depart from those principles of construction, they elevate themselves not only over the executive and legislative branches, but over the Constitution itself and, of course, over the American people. These judicial activists, whether of the left or right, undemocratically exercise a power of governance that the Constitution commits to the people and their elected representatives. And these judicial activists are limited, as Alexander Hamilton shrewdly recognized over 200 years ago, only by their own will—which is no limit at all. As a consequence of judicial activism, we witnessed in an earlier era the invalidation of State social welfare legislation, such as wage and hour laws. Since the advent of the Warren Court, judicial activism has resulted in the elevation of the rights of criminals and criminal suspects and the concomitant strengthening of the criminal forces against the police forces of our country; the twisting of the constitutional and statutory guarantees of equal protection of the law such that reverse discrimination often results; prayer being chased out of the schools; and the Court's creating out of thin air a constitutional right to abortion on demand, to just cite a few instances and a few examples. One of the objectives of the judicial activists for the future is the elimination of the death penalty. The Constitution, as it has been amended through the years, in its original meaning, is our proper guide on all of these issues. It places primary responsibility in the people to govern themselves. It provides means of amendment through the agency of the people and their elected representatives, not by a majority of the Supreme Court. That is why appointing and confirming judges and Supreme Court Justices who won't let their own personal policy preferences sway their judgment is so important. A President is entitled to some deference in a selection of a Supreme Court Justice. President Clinton and I are unlikely to agree on the person who ought to be nominated. But so long as the nominee is experienced in the law, intelligent, of good character and temperament, and gives clear and convincing evidence of understanding the proper role of the judiciary in our system of government, I can support that nomination and that nominee. Moreover, I do not expect to agree with any nominee, especially one chosen by a President of the other party, on every issue before the judicial branch. The key question is whether the nominee can put aside his or her own policy preferences and interpret the Constitution and the laws in a neutral fashion. Finally, I would point out that I disagree very much with some of Judge Ginsburg's academic writings and some views she held prior to ascending to the bench in 1980. I believe that Judge Ginsburg's judicial opinions, however, indicate her understanding that her policy views and earlier role as advocate are distinct from her role as a judge. I will explore that distinction in these hearings. It is my hope that Judge Ginsburg will satisfy this committee that she shares the judicial philosophy of applying the original meaning of our Constitution and laws in the cases which come before her on the Supreme Court, if she is confirmed." Judge Ginsburg sitting and listening.
Ginsburg Confirmation Hearings - 101/1
U.S. Senator Orrin Hatch (R-UT): "Now, Mr. Chairman, I want to say that I am pleased with this nomination. I am looking forward to these hearings. They are important. This is one of the great constitutional exercises, and I think every Senator here will be asking some very interesting questions. But could I ask for a few more minutes just as a personal privilege?" U.S. Senator and Chairman of the Senate Judiciary Committee Joseph Biden (D-DE): "Yes." Sen. Hatch: "I want to thank the chairman, and I appreciate the indulgence of my colleagues and the nominee. I believe my colleagues will agree with me that two members of this committee deserve special recognition for their service on this committee and in the Senate. The distinguished Senator from Massachusetts, Senator Kennedy, has been a member of the Judiciary Committee since February 13, 1963—30 years, 5 months, and 1 week of service." Senate Judiciary Committee members Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Patrick Leahy (VT), Herbet Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers sitting under panel with cameras focused on Judge Ruth Bader Ginsburg. Senators Kennedy and Biden exchanging a few words as Sen. Hatch continues to speak; Sen. Kennedy laughing. Sen Hatch continuing: "This service included 2 years as chairman. I do not mean to age the Senator from Massachusetts, but his service on the committee began so long ago I had to ask the Senate Historical Office to look it up. Fortunately, they did not have to go back as far as the Jurassic period, although he does tend to dwell in that period from time to time. Nineteen Supreme Court nominations have occurred during this time. Of course, we all know that Sen Kennedy has continued a long and distinguished family tradition of public service. Many Americans have gotten involved in public service as a result of the example of the Kennedy family. But I might add for other history buffs that Sen William E. Borah of Idaho, during his 31 years on this committee from 1909 to 1940, witnessed 22 Supreme Court nominations, a record which Senator Kennedy is now approaching. The Senator from Massachusetts, however, is a mere youngster next to our distinguished colleague, the senior Senator from South Carolina, Strom Thurmond, chairman of this committee for 6 years. I was interested to learn from the Senate Historical Office that Senator Thurmond's service on the committee began after that of Senator Kennedy, on January 16, 1967. Thus, Sen Thurmond has not sat on the committee for as many Supreme Court nominations as Sen Kennedy. He missed the Abe Fortas nomination in committee in 1965, although, as we all know, he was on the committee for Justice Fortas' unsuccessful nomination to be Chief Justice. But Sen Thurmond has been a Member of the Senate longer than any other current Member. He has witnessed 25 nominations as a Senator, beginning with President Eisenhower's nomination of John M. Harlan in January 1955. No other current Member of the Senate has been here for as many Supreme Court nominations. Through nine Presidents, all but one of whom, Jimmy Carter, sent nominees to the Senate, and as Supreme Court nominees and Supreme Court Justices have come and gone, Sen Thurmond has been at his post." Sen. Thurmond looking ahead and down at his notes with a stoic expression.
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U.S. Senator Orrin Hatch (R-UT) continuing: "Amazingly, I discovered that Senator Thurmond does not hold the Senate record—not yet, anyway. Senator Carl Hayden of Arizona, during his 42 years of Senate service, witnessed 28 Supreme Court nominations. Does anyone doubt that that record one day will fall to South Carolina?" U.S. Senator and Chairman of the Senate Judiciary Committee Joseph Biden (D-DE) watching Sen. Hatch speak; U.S. Senators Edward Kennedy (D-MA), Strom Thurmond (R-SC) sitting and listening. Sen. Hatch: "Earlier this year, I observed that my friend from South Carolina is a Senator's Senator, a tenacious advocate for the people of his State, the best interests of our country, and the principles he believes in. Now, let me mention something more. Sen Thurmond has served as an inspiration to generations of young people, not just South Carolinians, not just Southerners, but young people all over the Nation. These Americans have been spurred to participate in the political life of their communities, their States, and their country by the example of Sen Thurmond's devotion to limited government, free enterprise, a strong national defense, and his deep, selfless love of country. Some of those he has inspired sit behind me. Others he has inspired, like myself, sit on this committee as his colleague, a privilege for which I am very grateful. I thought both of our colleagues deserve some small recognition for their service, and I want to thank Richard A. Baker, the Senate's Historian, and Joanne McCormick Quatannens of his office for their timely help in compiling the details of the service of our two colleagues. And I want to thank my colleagues for this courtesy so I could make these remarks and pay tribute to these two colleagues here today. Thank you, Mr. Chairman." Sen. Biden: "... You have just solved a mystery for me. I wondered why Sen Thurmond spent so much time on the floor talking about Abe Fortas. Now I know. He wasn't on the committee. He didn't have a chance to speak in the committee. Now, we are going to go slightly out of order here, and the distinguished chairman of the Finance Committee has the unenviable job of being the Chair of a conference committee that is just putting together the national budget and reconciliation. He is to convene that conference at 11. His distinguished colleague, Senator D'Amato, representing—I am going to figure out the New York connection here in a moment—is also here. So we are going to go with the three introducers now, and then return to Senators Kennedy and Thurmond and work our way through the committee. Senator Moynihan, welcome. It is a pleasure to have you here. The floor is yours." Judge Ruth Bader Ginsburg sits with her presenters, U.S. Senators Daniel Patrick Moynihan (D-NY), Al D'Amato (D-NY), and Congressional delegate for the District of Columbia Eleanor Holmes Norton; Judge Ginsburg's husband Martin, daughter Jane, and son James sit behind her.
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Judge Ruth Bader Ginsburg, husband Martin, daughter Jane, and son James seated behind her. U.S. Senator and Daniel Patrick Moynihan (D-NY): "... I am privileged to introduce and to recommend without reservation Judge Ruth Bader Ginsburg, who is especially qualified to be the 107th Justice of the Supreme Court of the United States. Judge Ginsburg is perhaps best known as the lawyer and litigator who raised the issue of equal rights for women to the level of constitutional principle. She has also distinguished herself in a wide range of legal studies and for the last 13 years has been one of our Nation's most respected jurists on the U.S. Court of Appeals for the District of Columbia Circuit. I must tell you that Senator D'Amato and I take special pride in her nomination. She was born and raised in Brooklyn. The day after her nomination, the front page of the New York Daily News exclaimed: 'A Judge Grows in Brooklyn.' She attended Cornell where she was elected to Phi Beta Kappa, later Columbia Law School where she was tied for top of her class. Indeed, she actually attended two law schools, beginning at Harvard and finishing at Columbia so that she could be with her husband, Martin, who had returned from Cambridge to begin the practice of law in New York. Never before Ruth Bader Ginsburg had anyone been a member of both the Harvard and Columbia Law Reviews. With such a record, you would think it not surprising that she should be recommended to serve as law clerk to Supreme Court Justice Felix Frankfurter. Neither is it surprising that at that time, a time she has changed, Justice Frankfurter thought it would be inappropriate to have a woman clerk. She clerked for Judge Edmund Palmieri, and then entered the Columbia Law School project on international procedures. She taught at Rutgers Law School, then Columbia, becoming one of the first tenured woman professors in the country, and then became the moving force behind the women's rights project of the American Civil Liberties Union, the prime architect of the fight to invalidate discriminatory laws against individuals on the basis of gender. Her imprint can be found on virtually every gender case which reached the Supreme Court in the 1970's. She herself argued six of the cases before the Court and won five of them."
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U.S. Senators and members of the Judiciary Committee Arlen Specter (R-PA), Hank Brown (R-CO), and William Cohen (R-ME) looking at notes while Senator Daniel Patrick Moynihan (D-NY) speaks: "The specifics are well known to members of this honorable committee and will no doubt be discussed in detail. But I would call attention, sir, simply to remarks of Erwin N. Griswold, the former Solicitor General of the United States and dean of the Harvard Law School at the time Judge Ginsburg was there. He spoke at a special session of the Supreme Court commemorating the 50th anniversary of the opening of their new building, as it then was. Dean Griswold spoke of the work of attorneys who had appeared before the Court on behalf of special interest groups, as he termed it, and he said this: 'I think, for example, of the work done in the early days of the NAACP which was represented here by one of the country's great lawyers, Charles Hamilton Houston; work which was carried on later with great ability by Thurgood Marshall. And I may mention the work done by lawyers representing groups interested in the rights of women of whom Ruth Bader Ginsburg was an outstanding example.' It is in that context, Mr. Chairman, that the American Bar Association has given her its highest rating, and she has my most sincere and proud recommendation to this committee. Thank you, sir." U.S. Senator and Chairman of the Senate Judiciary Committee Joseph Biden (D-DE): "Thank you very much, Mr. Chairman. Senator D'Amato."
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Judge Ruth Bader Ginsburg sitting with her presenters, U.S. Senators Daniel Patrick Moynihan (D-NY), Al D'Amato (D-NY), and Congressional delegate for the District of Columbia Eleanor Norton Holmes; Judge Ginsburg's husband Martin, son James, and daughter Jane sit behind her. Sen. D'Amato: "Mr. Chairman, in the interest of time, let me second the magnificent introduction that the distinguished senior Senator, my colleague Sen Moynihan, has made on behalf of Judge Ginsburg. Let me say that I take very special pride in the fact that the judge grew and flourished in Brooklyn, my hometown. Let me also add to this committee that there is no doubt that she has distinguished herself as teacher, lawyer, judge, and parent, with her magnificent and wonderful family here today. While we may not agree with all of the learned judge's decisions, no one can question her honesty, her integrity, her commitment to the process of law, and I commend her for your approval and ask that there be an extension for my written remarks to be included as if read and submitted in their entirety." U.S. Senator and Senate Judiciary Committee Chairman Joseph Biden (D-DE): "Without objection. I thank you very much, Senator. Now, we will hear from Delegate Eleanor Holmes Norton." Senators Joseph Biden, Orrin Hatch (R-UT), Edward Kennedy (D-MA), Strom Thurmond (R-SC), Howard Metzenbaum (D-OH), and Dennis DeConicini (D-AZ); adult African American and Caucasian male and female staffers sitting in BG, and adult Caucasian male and female photographers sitting in FG.
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Congressional delegate for the District of Columbia Eleanor Holmes Norton sitting with Judge Ruth Bader Ginsburg, U.S. Senators Daniel Patrick Moynihan (D-NY) and Al D'Amato (D-NY). Mrs. Norton: "Mr. Chairman, it is my great pleasure to introduce and recommend Judge Ruth Bader Ginsburg to you. Now a resident of my district here in Washington, D.C., Judge Ginsburg was born in Brooklyn. Brooklyn natives, of course, have often spread to far corners, like the overseas Chinese, sharing the riches of that borough with places like Washington, which thrive on such exports. Judge Ginsburg's service on our U.S. Court of Appeals has been unusually distinguished, a virtually foregone conclusion for any who knew her before her appointment in 1980. I have known Ruth Ginsburg for two decades. As a law professor, civil rights and civil liberties lawyer, she was the chief navigator in the journey that took women, after more than 100 years, into the safe harbor of the U.S. Constitution. When Ruth Ginsburg founded the ACLU women's rights project, today's axiom that the 14th amendment applies to women was not axiomatic at all. As one of Judge Ginsburg's former students has said, 'People forget how things were.' Judge Ginsburg has spent her life making things how they ought to be. Using her gifted mind, honed by indefatigably hard work, she has used the law, always carefully, always defensibly, for all of those left at the margins, for want of a lawyer or a judge with the brilliance and commitment to pull them mainstream. As a lawyer, she was an activist intellectual who brought grace to both roles. As a judge, Ruth Ginsburg has not only resolved hard cases, she has contributed to legal theory and made collegiality among judges and its effect on the law a new and fascinating subject of scrutiny. Those who have expected great things of Ruth Ginsburg have always gotten what they bargained for. Count on Justice Ginsburg to keep that unbroken record. Thank you, Mr. Chairman." U.S. Senator and Senate Judiciary Committee Chairman Joseph Biden (D-DE): "Thank you very, very much. I know all of you have other duties, and we appreciate your being here. Thank you for your input. And, Pat, I am delighted that you had the opportunity to introduce a woman who saves my daughter Ashley from having to be the second woman nominee to the Supreme Court. Thank you." Judge Ginsburg's presenters, Mrs. Norton, Sen. Moynihan, and D'Amato leave the room.
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U.S. Senator and Chairman of the Judiciary Committee Joseph Biden (D-DE): "Now we will return to semi-regular order, which is that Senator Kennedy would go next. But our distinguished colleague and ranking member of the Armed Services Committee has to attend a hearing at 11, and Senator Kennedy has graciously suggested that he go next." Senate Judiciary Committee members Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers. Sen. Thurmond: "Thank you, Mr. Chairman. I wish to thank Sen Kennedy for letting me go at this time. I want to express my appreciation to Senator Hatch for his kind words. He is a great Senator and a great man, and I appreciate what you had to say. We all welcome Sen Specter back, a great Senator and a true patriot of this country. So glad to see you in good health now. Now, Mr. President, today the Senate begins consideration of the nomination of Judge Ruth Bader Ginsburg to be an Associate Justice of the U.S. Supreme Court. If confirmed, Judge Ginsburg will be the 107th person to serve as a Justice, continuing the long tradition of distinguished jurist which began with Justice John Rutledge of South Carolina, who was appointed on September 26, 1789. Although I was not privileged to be in the Senate at that time, lest anyone have doubts. Judge Ginsburg's nomination will be the 25th Supreme Court nomination I have reviewed during my nearly 39 years in the Senate. Since its first session in the Royal Exchange Building in New York City in 1790, the Supreme Court has been an indispensable part of our Government, securing individual rights and interpreting the laws of this nation. Occasionally, however, the Federal courts have gone beyond their constitutional mandate and used their judicial authority to legislate from the bench. I believe that the Hamiltonian vision of the judiciary is a correct one: Judgment, not will, is to be exercised by the judicial branch. Mr. Chairman, we have a very serious responsibility here. Article II of the Constitution confers upon the Senate the duty of giving "advice and consent" to the President's appointment of Supreme Court Justice. The detailed review of judicial nominations has been assigned by the Senate to the Judiciary Committee. To a great extent, our colleagues who are not on this committee depend upon our work to make their own decisions on a nominee's qualifications to sit on the most important and prestigious court in America. These hearings also give the public an opportunity to see the process at work."
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U.S. Senator Strom Thurmond (R-SC) continuing statement: "Justices occupy a position of immense power and are tenured for life. Furthermore, Justices and other federal judges are not accountable to the public through the ballot box. It is, therefore, imperative that the Senate exercise its role in the confirmation process with great care, ensuring that the nominee possesses the necessary qualifications to fill this immensely important role. Over the years, I have determined the special qualifications I believe an individual must possess to serve on the Supreme Court, and they are as follows: First, unquestioned integrity. A nominee must be honest, absolutely incorruptible, and completely fair. Second, courage. A nominee must possess the courage to decide tough cases according to the law and the Constitution. Third, compassion. While a nominee must be firm in his or her decisions, they should show mercy when appropriate. Fourth, professional competence. The nominee must have the ability to master the complexity of the law. Fifth, proper judicial temperament. The nominee must have the self-discipline to base decisions on logic, not emotion, and to have respect for lawyers, litigants, and court personnel. Sixth, an understanding of the majesty of our system of government. The nominee must understand that only Congress makes the laws, that the Constitution is changed only by amendment, and that all powers not specifically delegated to the federal government are reserved to the States. These are the essential qualities which determine the fitness of an individual to serve on the Court, and it appears to me that Judge Ginsburg possesses them. She has had a distinguished scholastic and legal career and established a reputation as a person who thinks twice before acting—an especially valuable quality in a judge. After 13 years on the D.C. Circuit Court, Judge Ginsburg has written hundreds of opinions, authored numerous articles, and delivered many speeches. I am not in agreement with her on every issue. However, I respect her intelligence and ability, and I look forward to discussing her approach to constitutional issues and reviewing her development on the D.C. Circuit Court." Judge Ruth Bader Ginsburg sitting, listening.
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U.S. Senator Strom Thurmond (R-SC) concluding statement: "Mr. Chairman, as we begin this hearing, I am reminded of the thoughts conveyed by President Washington to Chief Justice John Jay and the Associate Justices during the first term of the Supreme Court. His comments on the judicial branch remain as insightful and compelling today as when they were first delivered. He stated, and I quote, 'I have always been persuaded that the stability and success of the National Government, and consequently the happiness of the people of the United States, would depend in a considerable degree on the interpretation and execution of its laws. In my opinion, therefore, it is important that the judiciary system should not only be independent in its operations, but as perfect as possible in its formation.' Mr. Chairman, I believe this hearing is a continuation of ongoing efforts to create a judiciary which is as perfect as possible. As we pursue this worthy goal, it is incumbent upon the Senate to closely review Judge Ginsburg's qualifications to serve on the highest court in the land. Judge Ginsburg, we welcome you here today and look forward to your testimony." Judge Ruth Bader Ginsburg sitting and listening; Jane Ginsburg's husband, George Spera, taking their daughter Clara Spera from room. Senate Judiciary Committee members Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond, Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers. Chairman of the Senate Judiciary Committee Joseph Biden (D-DE) recognizes Senator Kennedy. Sen. Kennedy: "I want to extend my appreciation for the kind words of my good friend from Utah, and it is a pleasure to serve on this committee with 'Tyrannosaurus' Hatch." Sen. Hatch laughs.
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U.S. Senator Edward Kennedy (D-MA) giving statement: "I join in congratulating Judge Ginsburg on her nomination, and in welcoming her before this committee. Nominations to the Supreme Court are among the most important decisions that any President makes, and the confirmation process is one of Congress' most important responsibilities. The Supreme Court is the guardian of our most basic constitutional rights and liberties. The Justices of the Supreme Court have the last word on the meaning of the Constitution, and they are called upon to decide many of the most important and difficult questions of our time: May a State consider the race of its citizens in drawing legislative districts? May a State impose a greater punishment for a crime because the criminal is motivated by racial or religious bigotry? What is the proper boundary between church and state when government furnishes aid to students in religious schools? These are just a few of the questions that the Justices of the Supreme Court decided in the past term. The rules announced by the Court in its decisions affect the daily lives of all Americans. Senators must satisfy themselves that a Supreme Court nominee has the outstanding ability, unquestionable character, and fair and balanced temperament to decide the important and difficult cases that come before the Court. And, no less important, Senators must determine whether a nominee to the Supreme Court possesses a deep understanding and commitment to the fundamental values of liberty, fairness, and equality enshrined in the Constitution. Our constitutional freedoms are the historic legacy of every American. The Members of the Senate have an obligation to ensure that those freedoms are entrusted to women and men on the Supreme Court who will preserve their meaning for future generations. Based on her path breaking work as a law professor and a legal advocate for the rights of women, and based on her distinguished career as a Federal appeals court judge, it appears that Judge Ginsburg easily meets these high standards. Her creative strategies to win legal recognition of the right of women to equal protection of the laws have earned her the admiration and respect of every American committed to ending discrimination in our Nation. Her impressive and scholarly work on the federal appeals court here in Washington has earned her a reputation as one of the very best judges in the United States today. The members of this committee, nonetheless, have a constitutional responsibility to carefully examine Judge Ginsburg's opinions and articles and to ask her about her legal philosophy and approach to the Constitution, to assure ourselves that she deserves the high honor of joining the Nation's highest court. I commend President Clinton for this excellent nomination, and I look forward to Judge Ginsburg's testimony." Judge Ruth Bader Ginsburg sitting and listening.
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Senate Judiciary Committee members Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA). U.S. Senator and Chairman of Senate Judiciary Committee Joseph Biden (D-DE) recognizes Senator Metzenbaum. Sen. Metzenbaum: "Judge Ginsburg, congratulations on your nomination and welcome to these hearings. It has been a long time since a Democratic President has made a Supreme Court nomination. Justice White's resignation means that all of the remaining Justices were nominated by Republican Presidents. This day is welcome, for many reasons. For 12 years, Supreme Court nominees have been sent to this committee in the hope of promoting a political and social agenda directly from the planks of the Republican Party platform. A core element of that agenda was the reversal of Supreme Court decisions in the areas of abortion, civil rights, individual liberties, and the first amendment. Unfortunately, their efforts have met with considerable success. As a result, the Supreme Court today is plagued by a vision of the Constitution which is cramped and narrow. The current Court lacks either the will or the commitment to make the promises and principles of our Constitution a reality for all Americans. This Nation faces difficult—and sometimes divisive—social problems. We need leadership that is inclusive and tolerant. And we need a Supreme Court that is a source of inspiration and moral leadership. Only then will individual liberty, equal justice, and fundamental fairness be a reality for everyday Americans, as we prepare to turn to the 21st century. President Clinton took one large step in that direction by nominating Ruth Bader Ginsburg. No one can seriously claim that the President selected Judge Ginsburg to carry out a political agenda. The President found in Judge Ginsburg the nominee he was searching for, a person of enormous talent and integrity, a generous character, and an unyielding fidelity to the Constitution and the rule of law in the service of society. Judge Ginsburg's record as a litigator is the envy of lawyers throughout the country. She spent the bulk of her career as a lawyer working to secure equal rights for women. She succeeded, due to her comprehensive knowledge of the law and her keen understanding of what would persuade the male members of the Supreme Court. She developed a brilliant litigation strategy, which included at times using men as plaintiffs in gender discrimination suits. This tactic helped the then all-male Supreme Court see that discrimination based on gender was incompatible with the great constitutional principle of equal protection under the law. She showed courage and determination, when opportunities were closed to her due to discrimination against women. She didn't just get angry and resentful. She fought to change the law for the benefit of all women and men."
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U.S. Senator Howard Metzenbaum (D-OH) continuing statement: "With such an outstanding career as a lawyer, it is no surprise that President Carter selected her for the Federal Bench. Her tenure on the Circuit Court of Appeals for the District of Columbia has distinguished her as one of the country's finest judges. As President Clinton said in introducing her to the Nation, she is 'progressive in outlook, wise in judgment, balanced and fair in her opinions.' Judge Ginsburg's record is exemplary, and I am frank to say that I expected nothing less in a nomination by President Clinton. But there is still more that I want to know. As an advocate, Ruth Bader Ginsburg pushed the Court to landmark decisions on behalf of women's rights. While she fought for women one case at a time, she had a goal, a vision of a Constitution that protected women against discrimination. While a circuit court of appeals judge, her duty has been to faithfully apply the law as interpreted by the Supreme Court. But, if confirmed as the next Supreme Court Justice, she would have the opportunity to shape the law, rather than merely apply it. I want to know whether Judge Ginsburg will embrace this opportunity to shape the law to make the enduring principles of our Constitution a reality for all Americans, no matter how rich or poor, no matter what race or religion, no matter how unpopular their cause might be. As an appeals court judge, Judge Ginsburg is well known for her preference for measured or incremental movement in the law. She speaks of permitting constitutional doctrine, especially in controversial areas, to emerge from a dialog between the courts, other branches of government, and the people. I am concerned she will always take a similar approach on the Supreme Court, and I will make it no secret that I hope she will not." Senate Judiciary Committee members Joseph Biden (D-DE), Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA). Jane Ginsburg's husband, George Spera, bringing their daughter Clara Spera back into room. Judge Ruth Bader Ginsburg sitting and listening.
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U.S. Senator Howard Metzenbaum (D-OH) continuing statement: "When Judge Ginsburg speaks of a dialog, she apparently envisions a concept of gradualism in applying the Constitution's provisions. That causes me concern, because any delay in enunciating or protecting constitutional rights is justice denied. There are times and there are issues when the Supreme Court must show leadership. History demonstrates that it is sometimes the Court, rather than Congress or the President, which must have the will and the vision to define the Constitution's promises of liberty and justice, even when it is unpopular to do so. I expect to inquire in this area, to know whether Judge Ginsburg will lead the Court at such times. Judicial leadership in addressing the great social and political problems of our day can be controversial. Judge Ginsburg will probably hear much about judicial activism and judge-made laws from my colleagues during these hearings. I suspect they will warn her against judicial activism, notwithstanding the considerable conservative judicial activism we have seen from the current Supreme Court. But we must rise above this worn-out debate to recognize that leadership in applying the cherished principles of our Constitution is not judicial activism. It is leadership we need from Judge Ginsburg on the Supreme Court. The role of the Supreme Court in preserving and promoting individual liberty, equal opportunity, and social justice must be restored. Judge Ginsburg, your career as an advocate suggests that you have the intelligence, determination, and courage to begin the work that needs to be done. Your career as an appeals court judge suggests that you have the temperament and judicial skills to begin that restoration. My only question for you during these hearings relates to how you will meet that challenge."
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U.S. Senator and Chairman of the Senate Judiciary Committee Joseph Biden (D-DE) recognizes Senator Alan Simpson (R-WY). Sen. Simpson: "Mr. Chairman, in the past, following Howard has always gotten me pretty well primed up, but not this time, except for a few rambling remarks there about Republican Presidents and a Democratic President, too, he is right on track. I appreciate your leadership, Mr. Chairman. You have always been very fair and open, serious and practical with us. Welcome back to Arlen, a wonderful legislator and friend and a real contributor to this committee. Good morning, Judge Ginsburg. In going through many of the things that you have written, I noted an article in the Illinois Law Review where you said, in carrying out its duty to consider the President's nominees to the Supreme Court, we have a 'weighty responsibility to consider what will serve the national interest.' We indeed do, and we will attempt to carry that out responsibly and with a serious intent of a knowledge of our responsibility by considering, among other things, your judicial philosophy, how you will think and reason, as you contemplate the pressing legal issues of the day, questions of the day, and we must do that without compromising your judicial independence. There are, of course, other important considerations and qualifications for a nominee to the Supreme Court. A nominee's rectitude and deportment are critical considerations. We must be certain that the nominee has the education, the experience, and the temperament to serve in the highest office in our profession. I am certainly pleased to say here the record is remarkably clear. Indeed, in these areas you may well be overqualified. That is a serious defect in this community. Think of the ones you know who are. As one who loves Gilbert and Sullivan, you would compose your own lyrics to the tune of 'I've got a little list of society offenders who never would be missed,' and you remember the rest of that. But the record here is not so obvious or apparent on your judicial philosophy. So, indeed, as Senator Metzenbaum has said, what about judicial activism? That will be asked." Judge Ruth Bader Ginsburg smiling.
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U.S. Senator Alan Simpson (R-WY) continues statement: "Some of your writings seem to imply that it is justified at times, perhaps even forced upon the courts by congressional inaction. I have seen that problem. It is very real. No wonder courts enter the fray. When considering constitutional issues, how persuasive do you find the intent of those who drafted the document. You said some things about that. Your colleagues have or your colleagues-to-be have. What will you do when their intent is unclear or, even more appropriately, more unknowable? In these hearings, we will try to learn what approach you might take in deciding the critical questions of our day, and yet only you will know the extent and substance of response to those questions. Historical perspective here being an example, the more questions, the less answers will get you home. So for me, your competence and temperament are beyond question and we look forward to learning more about your thinking and reasoning, as you would wish to share it in whatever depth, and we will know then whether this appointment will serve the national interest, a very broad and remarkable phrase, but I think, indeed, from what I know, that your appointment would indeed serve that interest." Chairman of the Senate Judiciary Committee Joseph Biden (D-DE): "Thank you. I might note it is remarkable that seven years ago the hearing we had here was somewhat more controversial, and I made a speech that mentioned the "p" word, philosophy, that we should examine the philosophy, and most editorial writers of the nation said that was not appropriate. At least we have crossed that hurdle. No one is arguing that any more." Senator Edward Kennedy (D-MA) leaves panel. Sen. Dennis DeConcini (D-AZ): "Let me join in the praise of you and the ranking member in conducting these hearings and the members of this committee for proceeding. I think it is very important that we process this nomination as soon as we can."
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U.S. Senator Dennis DeConcini (D-AZ): "Judge Ginsburg, I join the accolades here in your nomination and those to President Clinton in sending your name here. Twelve years ago, I helped usher a good friend of mine through the same process which you are now experiencing. Her nomination was historic at that time. If confirmed, you will join my friend as the second woman ever to serve on the Court. Like Justice O'Connor, despite your outstanding academic achievements, your ability to find employment after law school was deterred by your gender. You are an individual who has suffered firsthand the effects of discrimination. I think that is most fitting for people who are going to interpret the constitutional rights of individuals who come before them and will, like you, ultimately, I predict, serve on the Supreme Court. You overcame this rude beginning and proceeded to embark upon a truly remarkable and accomplished professional career. You became a nationally respected law professor. And during that time and throughout your career, you have made a considerable contribution to the written legal commentary on this subject and others. Before coming to the bench, you dedicated your efforts to the struggle for gender equality. In the 1970's, you were instrumentally involved in the landmark case that ultimately persuaded the Supreme Court to establish a greater scrutiny to laws that classify on the basis of gender. I thank you for that, Judge, for my two daughters, one a doctor and one a lawyer, who have witnessed job discrimination even today. But their opportunities were enhanced by the fact that you fought that battle early in life and earlier than they when they came along. For the last 13 years, you have served with distinction on what is considered the second highest court in the land. One comment that has been repeated often since the President announced your nomination is that you defy the label of liberal or conservative jurist. Indeed, one news account noted that during your tenure, you had 'often gone out of your way to mediate between the Court's warring liberal and conservative factions.' Throughout your judicial career, you have shown great respect for the institutional integrity of the Court. Over the last few weeks, I have had a chance to read many of your opinions. To me, they demonstrate deference to precedent and embody judicial restraint. I think that is fundamental and so important. You have great understanding of the role of a middle-tier appellate court. And as you have written, with that role, a judge must follow the guidance of the Supreme Court." Judge Ruth Bader Ginsburg sitting, listening.
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Judge Ruth Bader Ginsburg sitting and listening; her husband Martin, children Jane and James, Jane's husband and children (George, Clara, and Paul) sit behind her. U.S. Senator Dennis DeConcini (D-AZ): "However, Judge Ginsburg, as a Supreme Court Justice, you will not be constrained by a higher court's interpretation. You will have free rein to interpret our Constitution. And as you have commented yourself, you will have 'the last judicial word' on the 'constitutional questions of the day.' Our constitutional system endows tremendous responsibility and power to our Supreme Court Justices. Because of that power, I strongly believe that nominees to that Court should be prepared to tell the committee and the American people how they intend to approach the Constitution and the Bill of Rights. A few years back, you wrote a law review article that discussed the Supreme Court's confirmation process. You concluded by quoting a law professor who described the Senate's role in the process 'as second, but not secondary.' The Senate's constitutional obligation is to examine a nominee's competence, integrity, experience, and, yes, his or her philosophy. For the Supreme Court is undeniably a policymaker. Our Framers drafted the Constitution in broadly worded principles that were intended to protect an evolving society. Constitutional interpretation requires an exercise of discretionary judgment. Thus, we must carefully choose the Constitution's most important interpreters. By no means are we here to secure assurances from you on certain cases. No one knows exactly how a case will come before you in the future. But how you approach a constitutional issue and what you consider in resolving that issue are all part of the judicial philosophy and part of the questioning that you will undertake in the next few days. The process is not foolproof. In the past, we have had Supreme Court nominees come before this committee and tell us they had no agenda—and they did. We have had nominees come before this committee and tell us that they did not have a fully developed judicial philosophy—but they did. We have had nominees come before the committee and evoke an image of moderation—but they were not. These past performances by nominees obviously concern this Senator. Because I believe that the hearings are an integral part of the confirmation process, honest answers matter greatly in this process to this Senator. Quite frankly, I do not expect this to be a problem with you, Judge. I am confident that at the conclusion of these hearings, the Senate and the American public will have a clear vision of your constitutional philosophy. Again, my congratulations, Judge, and also to President Clinton for his outstanding nomination and taking the time and the process in which he went through in choosing you to be the next Supreme Court Justice. I look forward to learning more about your judicial philosophy and your thoughts regarding the Constitution in the next several days."
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Senate Judiciary Committee members Joseph Biden (D-DE), Arlen Specter (R-PA), Alan Simpson (R-WY), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers sitting under panel. Chairman of the Senate Judiciary Committee Joseph Biden (D-DL) recognizes Senator Grassley. Sen. Grassley: "Congratulations, Judge Ginsburg, and, of course, a warm welcome to your family. I am sure that they take great pride in this day, just as they have done for all of your accomplishments so far in your life, from scholar and law professor to advocate for gender equality, and now to be a distinguished Federal appellate judge, as you have for so many years." Chairman Biden: "Senator, before you go on, you mentioned the family. I would like to suggest—there are two young children, and this is a tremendously tedious process. I want them to know they are welcome. Instead of having to go out there to use the facilities and the television or anything they want back here, you have free roam, the kids, literally. So you can go back there, and this is the one time to exact from your daddy a promise of ice cream or something for being good. This is the time to do it. [Laughter.]" Paul Spera playing with his lips, looking bored; Ruth Bader Ginsburg (grandmother) and George Spera, his father, looking at Paul, smiling. Sen. Grassley: "Also, they might help us by distracting us from time to time."
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U.S. Senator Chuck Grassley (R-IA) continues statement: "Today, after so many different distinguished careers you have, is the beginning of an even more notable achievement. If confirmed, you will become only the 107th person on the Supreme Court as a Justice. Indeed, you will join a very elite and a very important group, all charged with interpreting the Constitution. You, Judge Ginsburg, seem to understand the place that the Supreme Court occupies within our democracy. Through many of your writings, I have detected traces of Alexander Hamilton. For example, you appreciate that the Framers gave the Court great authority to rule on the Constitution, but armed the Court with no swords to carry out its pronouncements. Alexander Hamilton envisioned that it would be the accountable branch of government, the legislature, that would make the difficult choices within and for our society. In many of your opinions, you have expressly deferred to the will of Congress, as you apply law to the facts of a case. This confirmation hearing gives us an opportunity to explore your approach to judging and to determine whether you will exercise self-restraint. That, after all, is the touchstone. A Justice must be willing to accept the Constitution as her rule of decision. And a Justice must be able to resist temptation to revise or amend the Constitution according to her definition of what is good public policy. You and I will disagree on specific issues and will disagree on particular cases. I have no doubt about that. But the issue is not whether you and I can sign onto some political platform together. Justice need not be pro-one thing and anti-another thing. That is why judges were given lifetime tenure, so that they would be insulated from the political pressures of the day. The confirmation process need not be a campaign trail of promises by a nominee. These hearings are about judicial philosophy, not about political results. Through much of the second half of this century, the Supreme Court has evolved into a political institution and away from being a legal institution."
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U.S. Senator Chuck Grassley (R-IA) continues statement: "That trend has diminished somewhat in recent years, with the nomination and confirmation of individuals anchored in the Constitution and individuals who have a deferential approach to the political accountable branches of government. Some political activists, including some of my distinguished colleagues on this committee, are hoping your presence on the Court will bring back an era of political judging. But that view shows a misunderstanding of the role of the Supreme Court. Your fidelity to the Constitution, your appreciation of its framework of limited powers, and your understanding of the role of Congress and the States in making law—these are the important qualities. In addition, and no less important, a Justice must possess an open mind, or what Justice Frankfurter called 'a capacity of disinterested judgment.' I look forward to exploring these ideas in greater detail with you during these hearings. Once again, I say congratulations to you and all your friends and your family." Judge Ruth Bader Ginsburg sitting, listening. Senate Judiciary Committee members Joseph Biden (D-DE), Arlen Specter (R-PA), Alan Simpson (R-WY), Chuck Grassley, Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers sitting under panel. Chairman of the Senate Judiciary Committee Joe Biden recognizes Senator Leahy." Sen. Leahy: "Judge, I welcome you and your family. I think this has been an exciting trip for you and your family, from your time in Vermont when you got the call from the White House to being here today." Chairman Biden: "I wondered how you were going to get Vermont into this." Sen. Leahy: "Your wondering is on your time, Mr. Chairman." Judge Ginsburg smiling.
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U.S. Senator Patrick Leahy (D-VT) delivers statement: "I am glad to see you here because you are going to be on a bench that guarantees the liberties all of us hold dearly, whether we are Republicans or Democrats, liberal or conservative, it makes no difference. It's the Supreme Court that gives us the guarantees of the Constitution. I have been struck by the breadth and distinction of your record, as I have read it, during the past few years. But I think the proudest achievements in many ways are the landmark Supreme Court cases you fought that literally changed the destiny of women in this country... I think I speak for most parents in my own State of Vermont when I thank you. I thank you personally for helping to contribute to a world where my daughter Alicia will have opportunities equal to those open to my sons Kevin and Mark, and I owe you a deep, deep sense of gratitude for that. I think without your pioneering efforts, there is no guarantee that the progress that has been made so far would have occurred, and I applaud you for that. In fact, even without this nomination to the Supreme Court, you could have been satisfied with your place in history, just because of what you have done in that one area." Judge Ruth Bader Ginsburg sitting, listening. Members of the Senate Judiciary Committee including Senators Paul Simon (D-IL), Howell Heflin (D-AL), Dennis DeConcini (D-AZ), Joseph Biden (D-DE), Orrin Hatch (R-UT); Sen. Howard Metzenbaum speaking with an adult Caucasian male staffer. "But you come here with such great qualifications—the court of appeals, teaching at Columbia and Rutgers—but also with a reputation as a fair and thoughtful jurist. I believe the ABA recommendation indicates that. But a brilliant legal mind and volumes of circuit court opinions are far from being the only requirements that go into making a good Supreme Court Justice. You also possess life experience that is so very, very important. Your mother, like so many women of her generation, certainly led a hard life. She was a motivated student, graduating from high school at the age of 15. But she went to work in New York's garment district to put not herself, but her brother through college. You yourself, the first man or woman to be a member of both the Harvard and Columbia Law Reviews, graduated tied for first in your Columbia Law School class with impeccable credentials, but then found there was no law firm in New York that might offer you a job. Prestigious judges and justices made no bones about the fact that they couldn't have a woman as a law clerk. Or when you worked in a Social Security office, while your husband Martin—whom I am glad to see here—was serving in the military, you had to take a lower paying job because you were pregnant. These are days that are not that far gone, but let us hope they are gone now forever." Judge Ginsburg's husband, Martin, smiling.
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Judge Ruth Bader Ginburg's husband, Martin, smiling; Ginsburg's son, daughter, and grandchildren seated behind her. U.S. Senator Patrick Leahy (D-VT) continues statement: "So the kind of things you did to break into what had been a closed world before, these are things you cannot learn about in a book and you can't read about and you can't write about. You had to do it, and you did. I was moved that day in the Rose Garden, when I stood there with you and President Clinton and you spoke about the experiences of your mother. These were not words that just come from a page. They come from the heart and they come from a lifetime of experience, and I think they moved every single person, no matter what their political background, in that gathering in the Rose Garden. I think of cases like Reed, Frontier, Wiesenfeld, and Goldfarb. These are legendary cases. There isn't a law student who can get through law school without reading them. They came from your briefs. Judge, as I said before, the Senate's duty to advise and consent is an extremely important charge, but in exercising this responsibility, we have to consider certain threshold qualities—judgment, temperament, experience, intellectual distinction, moral fiber. But we also go into the judicial philosophy. We will have meaningful questions and I believe meaningful answers, and we will ask you what you think and what kind of a Justice you want to be. But I think that you will also remember, when you go on the Court—as I know you will—what the Court means to everyday, ordinary people, like Sharron Frontiero and Stephen Wiesenfeld, your former clients, but also to others, like Barbara Johns and Clarence Earl Gideon. Barbara Johns attended classes in makeshift tar-paper shacks in a segregated high school in Virginia, but her case was one of five that we now know as Brown v. Board of Education. Clarence Gideon, who couldn't afford a lawyer, was convicted of breaking into a pool hall, but he said, 'I am innocent.' And the Supreme Court took up his handwritten petition, scrawled on plain paper. And as we know from 'Gideon's Trumpet,' Gideon got a lawyer, was acquitted of the charges against him, and changed the whole way our criminal justice system works. That is what the Supreme Court stands for in this country, and that is the Court where we expect people can go and say, 'My rights are being trampled, and you, you nine people, are the only people that can guarantee the Constitution means what it says to us.' That is the kind of Supreme Court Justice we want; not a Republican, not a Democrat, not a liberal and not a conservative, but somebody who looks first and foremost at the rights of ordinary people."
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Senate Judiciary Committee members Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers. Judge Ruth Bader Ginsburg sitting, listening. U.S. Senator and Chairman of the Senate Judiciary Committee, Joseph Biden (D-DE) recognizes Senator Specter, who begins statement: "Judge Ginsburg, I welcome you here with my colleagues, and I compliment you on an outstanding academic, professional, and judicial record—some 322 opinions and still counting, and 79 articles. Notwithstanding that outstanding record, I do express concern that some of my colleagues have expressed virtual approval of your nomination even before the hearings have begun, and I believe that that raises some significant problems. I think that, first, there is a tendency to look at the hearings as pro forma or perhaps just going through the motions with confirmation a virtual assurance. Second, I am concerned about the real risk of undermining public confidence that the Senate will vigorously discharge its constitutional duty of advice and consent on a nominee who will have such a profound effect on the daily lives of more than 250 million Americans, with so many 5-4 decisions on the crucial issues of the day. I have long expressed my own concern about judicial activism and the Supreme Court being a super-legislature, with the concern about undermining the vital constitutional principle of separation of powers. At the outset let me say that, as I read your writings, I agree with much of what you say, and that if you were a Senator offering your ideas and legislation on the Senate floor, I would be inclined to cosponsor a good bit of what you articulate. But the difficulty with judicial activism, as I see it, is that it is fine when we agree with your activism, but it is very problem-some if the principle is established that judicial activism is appropriate. One of my colleagues referred to the agenda of the nominees of two Republican administrations and made it plain that he doesn't favor that kind of judicial activism. And I believe that, as a matter of principle, it is vital to keep the activism out of the judicial line as much as is possible."
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U.S. Senator Arlen Specter (R-PA) continues statement: "I have been very much impressed with the breadth of your writings and the openness and the candid approach which you have taken. When you talk about extension of benefits where there is an equal protection violation, and the Court then extends benefits to those not covered by legislation, you are candid in saying that you are legislating a bit. And any legislation by the Court is a matter of concern. When you take up the equal protection issue and talk about bold interpretation and talk about judges being uneasy in the gray zone between interpretation and alteration of the Constitution, those raise concerns to me about where activism may lead. Again, I repeat, I admire the positions you have taken and what you have achieved as a litigant and what you have done as a jurist. And I also say that on the bench you have not carried forward the lines which you have written. But as one of my colleagues has noted, when you are on the Supreme Court, you will have a free hand in doing a great deal more. So I think these hearings are very important as we take a look at your record, as we take a look at what you have written and see how that may be applied. And as noted by a number of my colleagues, I think we are past the day where there is an issue about the propriety of inquiring into judicial philosophy, although we do not want you to answer how you are going to decide specific cases. I have noted your writing that the second opinion by the Senate is a very important second opinion and your endorsement of the proposition that the Senators should have equal latitude with the President in deciding which nominees are good for the country. Beyond those theoretical issues, there are many very important matters that are on the cutting edge of critical considerations for the American people, and I look forward to these hearings and hope that we will be able to have an open exchange where we will have some real idea as to how you see your role as a Supreme Court Justice contrasted with a court of appeals judge, where you will have a freer hand and where there will be a question as to how you will apply the writings on legislation and expansive interpretation of constitutional rights. Thank you very much." Judge Ginsburg sitting and listen; her two grandchildren, Clara and Paul Spera, in BG. Senate Judiciary Committee members Edward Kennedy (D-MA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers. Chairman Joseph Biden (D-DE) recognizes Senator Heflin.
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U.S. Senator Howell Heflin (D-AL) delivers statement: "Judge Ginsburg, I welcome you and congratulate you on your selection as a nominee for the U.S. Supreme Court. Over the years, I have had the opportunity to participate in the confirmation process of a number of nominees for our nation's highest court. I have during past hearings seen the organized distortions of interest groups, heard the roars of extreme party loyalists, and witnessed the divisiveness of politics. I have in a sense seen blood shed during past confirmation hearings. This time I believe we will see a process remarkably free of acrimony and partisan bickering. Already there is a noticeable difference. What a change of atmosphere from that of the recent past: Congeniality prevails over confrontation; back-slapping has replaced back-stabbing; inquiry is the motivation rather than injury. While it remains to be seen whether this climate of goodwill will last, at least for now we are scaling the heights of bipartisan cooperation. Judge Ginsburg, you deserve much of the credit for this fresh new atmosphere. The excellence of your record has itself made your nomination a source of consensus. Much of the credit must also go to my Republican colleagues for their approach to this process. Too often in the past, both parties have suffered from the nearsightedness that sometimes comes from wearing the blinders of partisan allegiance. Finally, a large share of the credit must also go to the President for avoiding a selection based on litmus tests or ideology. This respite of goodwill is a gift to all of us. Indeed, it is a rare opportunity for this committee and the public we represent to engage in an enlightened dialog with, in my judgment, a future member of our highest court. Freed of the turmoil that has often marred the confirmation process, this committee and the full Senate will have an opportunity to more properly and objectively play the advisory role with which the Constitution charges us. In that spirit, let me add that my own review of your record leaves me highly impressed. I find particularly encouraging your writings on the need for collegiality and consensus in deciding cases, while adhering to principle." Senators and Senate Judiciary Committee members Dianne Feinstein (D-CA), Carol Moseley-Braun (D-IL), Herbert Kohl (D-WI), and Paul Simon (D-IL) listening; adult African American and Caucasian male and female staffers in the BG along with adult African American and Caucasian male and female photographers sitting under the Judiciary Committee panel in the FG. Judge Ruth Bader Ginsburg sitting and listening.
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U.S. Senator Howell Heflin (D-AL) continues statement: "You have also said that a judge's role is to see beyond the often misleading claims of ideological labels. You observe, for example, that a description like 'judicial activism' can be a battle cry for both the right and the left, and that a phrase like 'original intent' is a signpost along an unending and uncertain road. I welcome this insightful candor on your part. It reveals a healthy disdain for ideological dogma and a fresh receptiveness to intellectual challenge. If these instincts are any guide, your service on the Supreme Court would honor that institution and our Nation. You have the potential to break free from the polarization of the left and the right. You offer the promise of reflective, non-ideological, and fair jurisprudence. And I for one know of no other values more vital to a sound judicial temperament. I am optimistic that your brand of judicial decision-making will set a standard, and I am also hopeful that the spirit of goodwill that has graced this process so far will set a standard for appointments to come. I look forward to your testimony and to a discussion of your vision, philosophy, and values over the next few days. I welcome you today and wish you well." Judge Ruth Bader Ginsburg smiles. Senate Judiciary Committee members Edward Kennedy (D-MA), Arlen Specter (R-PA), Alan Simpson (R-WY), Strom Thurmond (R-SC), Chuck Grassley (R-IA), Howard Metzenbaum (D-OH), Howell Heflin (D-AL), Carol Moseley-Braun (D-IL), Dennis DeConcini (D-AZ), Paul Simon (D-IL), Patrick Leahy (D-VT), Herbert Kohl (D-WI), and Dianne Feinstein (D-CA); adult Caucasian and African American male and female staffers sitting behind them, and mostly Caucasian adult male and female photographers. Chairman Joseph Biden (D-DE): "Senator, I have never heard you so articulate or so rhetorically eloquent. Obviously major surgery does a lot to people up here. You are looking good, and we have been welcoming Sen Specter back, but you have gone through one heck of a summer and spring, and it is great to see you in such great health and making such fine statements." Sen. Heflin: "Well, thank you, sir. I appreciate that." Sen. Biden: "Now, Senator Brown, who has not had any major surgery, is next." Sen. Leahy: "But we still welcome him back." Sen. Hank Brown (R-CO): "Judge Ginsburg, let me add my welcome to you as well. It is clear from looking at your record that your commitment to the law is a family affair. I note that your husband Martin is a distinguished professor at Georgetown University and that your daughter is a tenured professor at Columbia Law School. They tell me that even your son, who is currently on leave..."