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EXECUTIVE SUMMARY
the quotes and votes of President Obama and Senate Democrats blocking, attacking,
and altogether denying Republican judicial nominees the consideration they demand
today for President Obamas soon-to-be named Supreme Court nominee. From Vice
President Biden and Senator Schumers strong statements that the Senate should
not consider a Republican Presidents Supreme Court nominee during an election
year to the votes by President Obama and others to filibuster Justice Alito, this report
chronicles the Democrats long record of hypocrisy on judicial nominations.
America Rising Squared is committed to holding elected officials accountable for
their records. In the coming weeks President Obama will nominate a man or woman
for Justice Scalias seat on the Supreme Court. When he does, the president and
Senate Democrats will want the American people to forget their long history of
judicial obstructionism. Justice Denied was compiled for the express purpose
of preventing that from happening.
Brian Rogers, Executive Director, America Rising Squared
I Will Be Supporting The Filibuster Because I Think Judge Alito, In Fact, Is Somebody Who Is Contrary To
Core American Values, Not Just Liberal Values, Obama Said. When you look at his decisions--in particular,
during times of war--we need a court that is independent and is going to provide some check on the executive
branch. (Jeff Zeleny, Obama Joins Filibuster Bid Against Alito, Chicago Tribune, 1/30/06)
Obama Voted Against Confirming Judge Samuel A. Alito To The Supreme Court. (Alito Nomination
Confirmation, CQ Vote #2: Confirmed 58-42: R 54-1; D 4-40; I 0-1, 1/31/06, Obama Voted Nay)
Biden: Once The Political Season Is Under Way, And It Is, Action On A Supreme Court Nomination
Must Be Put Off Until After The Election Campaign Is Over. I am sure, Mr. President, after having uttered
these words some will criticize such a decision and say it was nothing more than an attempt to save the seat
on the Court in the hopes that a Democrat will be permitted to fill it, but that would not be our intention, Mr.
President, if that were the course to choose in the Senate to not consider holding hearings until after the
election. Instead, it would be our pragmatic conclusion that once the political season is under way, and it
is, action on a Supreme Court nomination must be put off until after the election campaign is over. That is
what is fair to the nominee and is central to the process. Otherwise, it seems to me, Mr. President, we
will be in deep trouble as an institution. (Sen. Biden, Congressional Record, S.16317, 6/25/1992)
Bidens Obstructionist Efforts Intensified During The 1992 Election In Order To Preserve The Vacancies For Gov.
Bill Clinton To Fill If He [Were] Elected President. In the latest battle in the war for ideological control of the Federal
courts, the Democrats who control the Senate have begun to delay confirming some of President Bushs nominees for major
judgeships to preserve the vacancies for Gov. Bill Clinton to fill if he is elected President. (Neil A. Lewis, Waiting For Clinton,
Democrats Hold Up Court Confirmations, The New York Times, 9/1/92)
At The Time, Biden Acknowledged The Objection That He Was Trying To Stall The Nomination In Case A Democrat
Won The White House. At the time, Biden acknowledged the possible objection that he was just trying to stall the
nomination in case a Democrat won the White House. (Sarah Wheaton, Biden In 92: No Election-Season Supreme Court
Nominees, Politico, 2/22/16)
With Biden Chairman of Judiciary In 1992, 50 Judicial Nominees Werent Confirmed In The Senate, Leading
Republicans To Charge Biden With Intentionally Delaying The Process. Men and women named by President Bush
to 50 vacant judgeships will not be confirmed by the Senate this year, leaving Republicans and Democrats pointing fingers
of blame at each other. With Congress expected to adjourn for the year late next week and Democratic Presidential
candidate Bill Clinton ahead in the polls, many Republicans fear the nominees will never be approved and charge Biden with
intentionally delaying the process. (Holly Yeager, Senate Will Not Act On 50 Bush Judicial Nominations, States News
Service, 9/25/92)
32 Of Those Bush Nominations Were Killed Without Biden Giving Them A Hearing. Roberts was not alone in
being denied a hearing or a vote by Biden. According to a report by the Congressional Research Service (CRS), in
1992 Biden killed the nominations of 32 Bush appointees to the federal bench without giving them so much as a
hearing. (Marc Thiessen, How Biden killed John Robertss nomination in 1992, Washington Post, 2/25/16)
As Chairman, Biden Killed The Nomination Of Future-Chief Justice John Roberts Because It Was During
An Election Year. In 1992, then-Senate Judiciary Committee chairman Joe Biden launched a preemptive
attack on any nominee President George H.W. Bush named to the Supreme Court, warning that if Bush tapped
someone, Bidens committee should seriously consider not scheduling confirmation hearings on the nomination
. . . until after the political campaign season is over. While Biden did not get the chance to kill a Supreme
Court nomination that year, he did kill the nomination of a future chief justice of the Supreme Court John
G. Roberts Jr. (Marc Thiessen, How Biden killed John Robertss nomination in 1992, Washington Post,
2/25/16)
Biden Opposed Calls To Leave Scalias Supreme Court Seat Open For Over A Year. To leave the seat vacant at this
critical moment in American history is a little bit like saying, God forbid something happen to the president and the vice
Biden Voted Against Confirming Judge Robert Bork To The Supreme Court. (Bork Nomination Confirmation, CQ Vote
#348: Rejected 42-58: R 40-6; D 2-52; I 0-0, 10/23/87, Biden Voted Nay)
Biden Voted Against Confirming Judge Clarence Thomas To The Supreme Court. (Thomas Nomination Confirmation,
CQ Vote #220: Confirmed 52-48: R 41-2; D 11-46; I 0-0, 10/15/91, Biden Voted Nay)
Biden Voted Against Confirming Judge John Roberts To Be Chief Justice Of The Supreme Court. (Roberts Nomination
Confirmation, CQ Vote #245: Confirmed 78-22: R 55-0; D 22-22; I 1-0, 9/29/05, Biden Voted Nay)
Biden Voted Against Confirming Judge Samuel Alito To The Supreme Court. (Alito Nomination Confirmation, CQ Vote
#2: Confirmed 58-42: R 54-1; D 4-40; I 0-1, 1/31/06, Biden Voted Nay)
Biden Voted To Filibuster Judge Samuel Alito. (Alito Cloture Vote, CQ Vote #1: Motion Passed 72-25: R 53-0; D 19-24;
I 0-1, 1/30/06, Biden Voted Nay)
Cafferty: Well, its not your time, Senator. The time is for the public to listen to the views of a man whos going to possibly be
the next Supreme Court justice. Just a thought. [The Senators] just become characterizations of themselves in these things.
(CNNs Situation Room, 9/13/05)
HARRY REID
MINORITY LEADER
Reid: The Senate is not a rubber stamp for the executive branch. (Sen. Reid,Congressional Record, 5/19/2005)
SEE VIDEO
Reid Voted Against John Roberts And Voted To Filibuster Samual Alito
Reid Was One Of Only 22 Senators Who Voted Against Confirming Judge John Roberts To Be Chief Justice
Of The Supreme Court. (Roberts Nomination - Confirmation, CQ Vote #245: Confirmed 78-22: R 55-0; D 22-22; I
1-0, 9/29/05, Reid Voted Nay)
Reid Voted Against Confirming Judge Samuel Alito To The Supreme Court. (Alito Nomination - Confirmation,
CQ Vote #2: Confirmed 58-42: R 54-1; D 4-40; I 0-1, 1/31/06, Reid Voted Nay)
Reid Voted To Filibuster Judge Samuel Alito. (Alito Nomination - Cloture, CQ Vote #1: Motion Passed
72-25: R 53-0; D 19-24; I 0-1, 1/30/06, Reid Voted Nay)
HARRY REID
MINORITY LEADER
and was unable to find a qualified female nominee. But maybe he was unable to find a qualified female nominee who satisfied
the far right wing of the Republican Party. (Senator Harry Reid, Sen. Reid Issues Statement On Confirmation Of Samuel
Alito, Press Release, 1/31/06)
Reid Said Alitos Nomination Raises Profound Questions About Our System Of Checks And Balances, And
Questioned Whether Alito Would Be An Effective Check On A Swaggering President And His Reckless Policies. [A]
confirmation debate is not a popularity contest. The rights and liberties of the American people are at stake. This particular
nomination raises profound questions about our system of checks and balances. We need to ask whether a Justice Alito will
serve as an effective check on a swaggering President and his reckless policies. At this critical moment in our nations history,
I cannot support the confirmation of this nominee to fill this vacancy on the Supreme Court of the United States. (Senator
Harry Reid, Sen. Reid Issues Statement On Confirmation Of Samuel Alito, Press Release, 1/31/06)
Reid Said The Only Complaint He Heard Was That Democrats Had Not Held Up More Judicial Nominees.
They can threaten the nuclear option, [Reid] said. If they feel thats great for the institution and the country, let
them do it. Noting that the only complaint he has heard from fellow Democrats is that not enough of Bushs
judicial nominees were blocked in the past four years, Reid said he is prepared to go behind the pool hall and
see who wins this one. (Washington In Brief, The Washington Post, 2/2/05)
Reid Promised To Screw Things Up For Senate Republicans. If they, for whatever reason, decide to do
this [change Senate rules on filibusters], its not only wrong, they will rue the day they did it, because we will do
whatever we can do to strike back I know procedures around here. And I know that there will still be Senate
business conducted. But I will, for lack of a better word, screw things up. (Helen Dewar and Mike Allen, GOP
May Target Use Of Filibuster, The Washington Post, 12/13/04)
Indeed, As Daschles Whip, Reid Helped Orchestrate An Unprecedented Filibuster Of Some Of
President Bushs More Conservative Judicial Nominees. (Allison Stevens, Senate Democrats Set A
Daschle-Like Tone For 2005, Congressional Quarterly, 11/16/04)
Reid Also Joined Daschle In Using Procedural Tools To Prevent Conference Committees
From Meeting, To Protest What Reid Called Mistreatment By The Majority. (Allison Stevens,
Senate Democrats Set A Daschle-Like Tone For 2005, Congressional Quarterly, 11/16/04)
In 2003, Reid Held Up Dozens Of President Bushs Nominations Until Former Aide Was
Appointed To NRC. Sen. Harry Reid and the Bush administration have made a deal clearing the
way for dozens of Bush nominees to take office in exchange for a Reid aide being nominated to
the Nuclear Regulatory Commission Reid announced last month that he would hold up Bush
executive branch nominees until Bush picked [Gregory] Jaczko, 32, for an NRC vacancy. (Reid
Drops Hold On Leavitt Nomination In Deal Involving Aide, The Associated Press, 10/8/03)
Schumer Voted Against John Roberts And Voted To Filibuster Samuel Alito
Schumer Voted Against Confirming John Roberts As Chief Justice. (CQ Vote #245: Confirmed 78-22: R 55-0; D
22-22; I 1-0, 9/29/05, Schumer Voted Nay)
Schumer Voted Against Confirming Samuel Alito As A Supreme Court Justice. (CQ Vote #2: Confirmed 5842: R 54-1; D 4-40; I 0-1, 1/31/06, Schumer Voted Nay)
Schumer Voted To Filibuster Samuel Alito. (CQ Vote #1: Motion Agreed To 72-25: R 53-1; D 19-24; I
0-1, 1/30/06, Schumer Voted Nay)
Schumer Said The Nomination Process Should Not Be Rushed. SENATOR CHUCK SCHUMER: When there is
a controversial nominee for a pivotal swing vote on the high court, the procedure should not be short circuited, short
changed or rushed. We need to be careful here. (Fox News Channels Special Report With Brit Hume, 10/31/05)
Schumer Said Rushing The Nomination Process Would Do A Disservice To America. SENATOR CHUCK
SCHUMER: Well, I think thats true and, you know, thats one thing that does worry me. Because of the importance of
this nomination there shouldnt be a rush through the procedure. Some were saying lets get this done very quickly. That
does a disservice. (CNNs Larry King Live, 10/31/05)
Schumer On Filibustering
Schumer: I Am The Leader (Of The Filibuster Movement), And, You Know, Im Proud Of It. Schumer began
a campaign to reshape the way the Senate deals with judicial nominees -- including members of the U.S. Supreme
Court. Senate Democrats, Schumer decided, would put ideology on the front burner in the confirmation process.
Schumers deployment of the filibuster to smoke out the ideologies of Bush nominees is working, for now. I am
the leader (of the filibuster movement), and, you know, Im proud of it, said the senator from Brooklyn. (Douglas
Turner, Schumer V. Bush: Battle For The Courts, The Buffalo News, 5/27/03)
Schumer Said The Filibuster Of Charles Pickering Was In The Best Traditions Of America. I think
todays vote is in the best traditions of America, said Sen. Charles E. Schumer, New York Democrat. (Charles
Hurt, Democrats Filibuster Pickering Nomination, The Washington Times, 10/31/03)
Schumer On Obstruction We Will Keep Doing It. We are not trying to be obstructionist. We are
doing what we truly believe will affect Americans for generations, said Sen. Charles Schumer, D-N.Y. We
will keep doing it in cases where the nominee is as wildly out of the mainstream as Justice Brown is, he
said. (Jan Crawford, Democrats Threaten Another Judicial Filibuster, Chicago Tribune, 11/7,/03)
Schumer Believes The American People Think That Blocking Judges Is Just Fine. When
people realize we are blocking a small number of very ideological conservative judges, they say thats
just fine, Mr. Schumer said. (Neil A. Lewis, For The G.O.P., A Mixed Day On Nominees, The New
York Times, 11/7/03)
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Senator Dick Durbin (D-IL) Discusses His Decision To Filibuster Samuel Alito: FOX NEWS CHANNELS JOHN GIBSON:
Joining us now to talk about the Democrats filibuster threat, Illinois Senator Dick Durbin, the Democratic whip in the United
States Senate. So, Senator, youre going to vote against Alito, right? SEN. DICK DURBIN (D), ILLINOIS: Thats right.
GIBSON: And would you join in the filibuster effort? DURBIN: Yes, I will. GIBSON: OK, why? Because I think, counting
noses, its not going to work. DURBIN: Its highly unlikely that well get the votes necessary to have a filibuster, a successful
filibuster against Judge Alito. But I think its an important statement to be made by the Senate and a very historic vote. This
is a man seeking a lifetime appointment. We have studied his record. We have listened carefully to what he said during the
course of the hearings. For many of us, we believe this is going to mark an historic shift on the Supreme Court. And as a
consequence, we want to speak out. (Fox News Channels The Big Story With John Gibson, 1/27/06)
Durbin Said Taking An Additional Hour Or An Additional Day Is Not Unreasonable When
Determining Whether To Grant Someone A Lifetime Appointment. DURBIN: More and more
Americans are understanding how critically important this decision is. Think about this for a moment: If
you would suggest we dont have a day to waste on this and we have to move quickly, remember, this
is a lifetime appointment. If Sam Alito ends up being the nominee to the Supreme Court, he will be
there for a lifetime on the highest court in the land. Taking an additional hour or an additional day to go
through the process is not unreasonable. (Fox News Channels The Big Story With John Gibson,
1/27/06)
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Leahy Supported The Thurmond Rule, Halting Judicial Appointments In Election Years
As Judiciary Chairman, Leahy Said He Would Institute The Thurmond Rule, Which Halts Judicial Appointments In A
Presidential Election Year. The Thurmond Rule, in memory of Strom Thurmond he put this in when the Republicans were
in the minority, which said that in a presidential election year, after spring, no judges would go through except by the consent
of both the Republican and Democratic [leaders]. I want to be bipartisan. We will institute the Thurmond Rule, yes. (Sen.
Leahy, Georgetown University Law Center, 12/06)
SEE VIDEO
In 2004, Leahy Called The Thurmond Rule A Well Established Practice. Whether [Republicans] acknowledge
it as the Thurmond Rule or something else, it is a well-established practice that in presidential election years, there
comes a point when judicial confirmation hearings are not continued without agreement. (Sen. Leahy, Senate Judiciary
Committee, 11/20/04)
Leahy Claimed That During A Presidential Election Year The Thurmond Rule Mandated Only Consensus
Nominees Would Be Taken Up. At this point in a presidential election year, in accordance with the Thurmond
Rule, only consensus nominees being taken up with the approval of the majority and minority leaders and the
chairman and ranking members of the Judiciary Committee should be considered. (Sen. Leahy, Floor Remarks,
7/20/04)
Leahy Voted To Filibuster Samuel Alito. (CQ Vote #1: Motion Agreed To 72-25: R 53-1; D 19-24; I
0-1, 1/30/06, Leahy Voted Nay)
In 2006, Leahy Was Among The Democrats Who Attempted To Filibuster The Nomination Of
Samuel Alito To The Supreme Court. The Senate on Monday voted 72-25 to limit debate on the
Supreme Court nomination of Samuel A. Alito Jr., ending a Democratic filibuster and setting the stage
for his confirmation Tuesday morning. . . . The last-ditch delaying effort by a group of liberal Senate
Democrats was all but doomed from its inception. . . . Massachusetts Democrats John Kerry and
Edward M. Kennedy tried in vain to block a final vote on Alito, arguing more debate was needed.
. . . The Massachusetts Democrats drew support for their filibuster from another New Englander,
Patrick J. Leahy of Vermont, the ranking Democrat on the Senate Judiciary Committee. At a time
when this president is seizing unprecedented power, the Supreme Court more than ever needs
justices who will serve to protect the fundamental rights and freedoms of all Americans from
government intrusion, Leahy said. I believe strongly that Judge Alito will not serve as that
crucial check, and I will vote against limiting debate on his nomination, which carries significant
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consequences for Americans today and for generations to come. (Keith Perine, Senate Votes to Cut Off Alito Debate,
Paving Way for Confirmation Tuesday, Congressional Quarterly Today, 1/30/06)
Years Later, Leahy Denied That He Ever Filibustered Alito. SENATOR PATRICK LEAHY: It takes 51 votes to
confirm somebody, and I would assume that -- we never filibuster justices of the Supreme Court. We dont do it for...
STEPHANOPOULOS: You filibustered Justice Alito, didnt you?: SEN. LEAHY: No. We dont filibuster for either side, and
so we have -- theres going to be a vote, up or down. I fully expect that. I think the last time there was a kind of a successful
filibuster was Abe Fortas, and that was a Democratic... (CROSSTALK) STEPHANOPOULOS: Democrats did try to filibuster
Justice Alito, if I remember correctly, sir. (CROSSTALK) LEAHY: There was a cursory vote that everybody knew would not
succeed on the motion to proceed. (ABCS This Week With George Stephanopoulos, 5/3/09)
When Further Pressed On His Participation In The Filibuster, Leahy Called The Facts Of The Case Getting Down
Into The Weeds. SENATOR PATRICK LEAHY: I mean, now were getting down into the weeds. The fact is, Justice Alito, I
did not vote for him. Senator Hatch did. He got both Democratic and Republican votes, just as Chief Justice Roberts, whom
I did vote for, got both Democratic and Republican votes. The fact of the matter is, we will have an up-or-down vote on
whoever its going to be, and I would hope that the president would go with his instincts. (ABCS This Week With George
Stephanopoulos, 5/3/09)
SEE VIDEO
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Murray Voted To Filibuster The Nomination Of Samuel Alito To The Supreme Court. (Alito Nomination Cloture, CQ
Vote #1: Motion agreed to 72-25: R 53-0; D 19-24; I 0-1, 1/30/06, Murray Voted Nay)
Sen. Patty Murray, D-Wash., Said Monday She Was Disappointed At President Bushs Latest Nominee To The
Supreme Court, Veteran Appeals Court Judge Samuel Alito. (Matthew Daly, Murray Disappointed At Choice Of Alito
For Supreme Court, The Associated Press, 10/31/05)
With The Selection Of The Conservative Alito To Replaced Retiring Justice Sandra Day OConnor, Bush Did Not
Even Maintain The Current Diversity On The High Court, Murray Said. (Matthew Daly, Murray Disappointed At
Choice Of Alito For Supreme Court, The Associated Press, 10/31/05)
To Hastily Appoint A Nominee Without Consulting Senators From Both Parties Indicates This Action May Be
More About Politics Than Respect For The Process, Murray Said, Charging That Miers Withdrawal Came
After Intense Right-Wing Political Pressure That Compromised The Nomination Process To Our Nations
Highest Court. (Matthew Daly, Murray Disappointed At Choice Of Alito For Supreme Court, The Associated
Press, 10/31/05)
While The Presidents Standards For A Supreme Court Nominee May Shift With The Political Winds,
Mine Do Not, She Said In A Statement. I Examine Each Nominees Record, Experience And Testimony
And See If They Meet My Long-Held Standards. (Matthew Daly, Murray Disappointed At Choice Of Alito
For Supreme Court, The Associated Press, 10/31/05)
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BARBARA BOXER
DEMOCRAT CALIFORNIA
Boxer Voted Against John Roberts And Voted To Filibuster Samuel Alito
Boxer Voted Against Confirming Judge John Roberts To Be Chief Justice Of The Supreme Court. (Roberts Nomination
Confirmation, CQ Vote #245: Confirmed 78-22: R 55-0; D 22-22; I 1-0, 9/29/05, Boxer Voted Nay)
Boxer Voted Against Confirming Judge Samuel Alito To The Supreme Court. (Alito Nomination Confirmation, CQ Vote
#2: Confirmed 58-42: R 54-1; D 4-40; I 0-1, 1/31/06, Boxer Voted Nay)
Boxer Voted To Filibuster Judge Samuel Alito. (Alito Cloture Vote, CQ Vote #1: Motion Passed 72-25: R 53-0; D 1924; I 0-1, 1/30/06, Boxer Voted Nay)
Boxer On Filibustering
Boxer Opposed Removing The Filibuster Because It Would Weaken The Senates Ability To Stop Radical
Appointments. Sen. Barbara Boxer (D-Calif.) said removing the filibuster would hurt the Senates ability to stop
radical appointments. The president should reread the Constitution and understand that the power to appoint
judges is a shared power between the Senate and the president, Boxer said. Democrats say they are blocking the
nomination because Estrada has not been forthcoming about his views. (Jason Embry, Bush Urges Ban On Judicial
Filibusters, The Atlanta-Journal Constitution, 3/12/03)
During The Alito Confirmation, Boxer Said A Filibuster Is On The Table -- It Has To Be On The Table.
Sen. Barbara Boxer, D-Calif., said a filibuster is on the table -- it has to be on the table, after describing the Alito
choice as a capitulation to the right. (Marc Sandalow, Specter Of Filibuster Is Raised As GOP Right Prepares To
Flex Its Power, The San Francisco Chronicle, 11/1/05)
Boxer: Everything Is On The Table. WALLACE: Weve got about 30 seconds left, Senator. If you
dont like the answers you hear from Judge Alito, are you prepared to filibuster? BOXER: Everythings
on the table, because the rights, freedoms and liberties of your viewers and my constituents are on the
line. (Fox News Fox News Sunday, 12/4/05)
Boxer: Its Too Soon To Take Anything Off The Table. COLMES: Youve said the filibuster is
on the table. What are the chances of that happening? BOXER: It all depends on what all these
papers reveal. It is too soon to take anything off the table. Thats quite obvious. And I have a lot of
concerns, but this is early in the process. (Fox News; Hannity & Colmes, 11/23/05)
Boxer: And Anyone Who Says That The Filibuster Should Be Taken Off The Table, I Dont
Quite Understand It. (Fox News; Hannity & Colmes, 11/23/05)
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BARBARA BOXER
DEMOCRAT CALIFORNIA
Boxer Said Memos Roberts Wrote When He Was A Young Attorney With The Reagan Administration Raise
Serious Concerns About Whether He Understands The Ugly History Of Discrimination And Injustice In Our
Country, Or The Proper Role Of Government In Combating Them. (Michael Collins, Boxer Says Roberts Could Put
Rights In Serious Jeopardy, Ventura County [California] Star, 9/22/05)
Boxer: I Said I Could Only Vote For A Nominee Who Would Protect The Rights And The Freedoms Of The People
That I Represent. ... This Nominee Fails That Bar, Boxer Said On The Senate Floor. (Boxer Announces Opposition To
Nominee For Chief Justice, The Associated Press, 9/22/05)
I Dont Buy Into This Reasoning Either: Lets Support This Nominee Because The Next One Might Be
Worse, She Said. (Boxer Announces Opposition To Nominee For Chief Justice, The Associated Press, 9/22/05)
If [Alito] Declines, She Said, She Will Use All The Parliamentary Tools Ive Been Given As A U.S.
Senator, Including Procedures That Make It Difficult For Other Business To Get Done Until We
Get The Information We Need. (Bob Egelko, Boxer Threatens To Slow Senate Activity Over Court
Pick, The San Francisco Chronicle, 8/11/05)
Boxer: Alito Statements Clearly Signal A Hostility To Womens Rights. To my mind, Judge Alitos
ominous statements and narrow minded reasoning clearly signal a hostility to womens rights. In the
21st century, it is astounding that a Supreme Court nominee would not view Roe v. Wade as settled
law when its fundamental principle a womans right to choose - has been reaffirmed many times since
it was decided. His opinions demonstrate neither the independence of mind nor the depth of heart
that I believe we need in our Supreme Court justices, particularly at this crucial time in our nations
history. (Sen. Barbara Boxer, Press Release, Democratic Women Senators United In Opposition
To Nomination Of Judge Alito To U.S. Supreme Court, 1/31/06)
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BARBARA BOXER
DEMOCRAT CALIFORNIA
Boxer Said She Was Deeply Disturbed Over Alitos Nomination. At the end of the Alito hearings, I am deeply disturbed
about this nomination. It is not Judge Alitos qualifications that concern me; clearly he is intelligent and capable. Rather, in
three days of questioning, he refused to back away from some of his most controversial past statements and positions. (Sen.
Barbara Boxer, Press Release, Statement Of U.S. Senator Barbara Boxer On Nomination Of Judge Samuel Alito, 1/13/06)
Boxer Said The [Filibuster] Attempt Was Important. Both of Californias senators, Democrats Dianne Feinstein and
Barbara Boxer, voted to support the filibuster. Although we knew the votes werent there for the filibuster of Judge Alito,
Boxer said, the attempt was important so the American people would know that we were willing to pursue a losing effort
because the stakes are so high. (Maura Reynolds, Attempt To Filibuster Alito Goes Nowhere, Los Angeles Times, 1/31/06)
There Is Only One Way To Send This Nomination Back To The President ... And That Is To Get 41 Votes For A
Filibuster, Boxer Said. Although She Agreed With Kennedy That The Odds Were Against Sustaining A Filibuster,
She Said That If Colleagues On Both Sides Of The Aisle Realize That Liberty And Justice Are On The Line, We
Have A Chance For A Nominee In The Mold Of Sandra Day OConnor. (Maura Reynolds, Attempt To Filibuster Alito
Goes Nowhere, Los Angeles Times, 1/31/06)
But Boxer, One Of The Supporters Of The Filibuster Attempt, Said Afterward, We Were Willing To Pursue Even
A Losing Effort Because The Stakes Were So High. (Maura Reynolds, Attempt To Filibuster Alito Goes Nowhere,
Los Angeles Times, 1/31/06)
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BARBARA MIKULSKI
DEMOCRAT MARYLAND
Mikulski Voted Against John Roberts And Voted To Filibuster Samuel Alito
Mikulski Voted Against Confirming John Roberts To The Supreme Court. (CQ Vote #245: Confirmed 78-22: R 55-0; D 22-22;
I 1-0, 9/29/05, Mikulski Voted Nay)
Mikulski Voted Against Confirming Samuel Alito To The Supreme Court. (CQ Vote #2: Confirmed 58-42: R 54-1; D 4-40; I
0-1, 1/31/06, Mikulski Voted Nay)
Mikulski Voted To Filibuster Samuel Alito. (CQ Vote #1: Motion Agreed To 72-25: R 53-1; D 19-24; I 0-1, 1/30/06,
Mikulski Voted Nay)
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BARBARA MIKULSKI
DEMOCRAT MARYLAND
background reports, the American Bar Association evaluation, his Judiciary Committee testimony, and his writings before I will
make my determination. (Senator Barbara Mikulski, Press Release, Mikulski Releases Statement On Alito Nomination, 10/31/05)
Mikulski Said She Would Vote Against Alito Because She Had A Lot Of Unanswered Questions. Sen. Barbara Mikulski,
D-Md., . . . said she would vote against Alito. I have a lot of unanswered questions, Mikulski said after attending the swearingin of new Sen. Robert Menendez, D-N.J. (Jesse J. Holland, Conservative Democrat Says Hell Vote For Alito, The Associated
Press, 1/18/06)
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RON WYDEN
DEMOCRAT OREGON
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Feingold Voted To Filibuster The Confirmation Of Samuel Alito. (CQ Vote #1: Motion Agreed To 72-25: R 53-1; D 1924; I 0-1, 1/30/06, Feingold Voted Nay)
Feingold Defended The Role Of The Filibuster To Stop A Nomination If That Candidate Was Unacceptable. ABCS
GEORGE STEPHANOPOULOS: And you could support a filibuster if he stands by it? SENATOR RUSS FEINGOLD: I
think its perfectly fine to use a filibuster if somebody is clearly unacceptable. That is an option we have. It has almost never
been used with regard to a Supreme Court justice so it would take an extreme case but I was the one Democrat who
was unhappy publicly with the sort of deal that was made earlier in the year that kind of let certain judges go through
who shouldnt have gone through. The right to filibuster is part of our role on the Senate, and we should reserve the
right but use it only very sparingly. (ABCs This Week, 11/27/05)
Feingold Said That Senators Should Not Give Up The Option To Filibuster Judges. CNNS WOLF BLITZER:
Finally, on Samuel Alito, are you still leaving open the option of a filibuster on his confirmation? SENATOR
FEINGOLD: I leave that open on every nomination. I dont believe that senators should give up their right. I have
no plans at this point, nor does any other senator have a plan to filibuster somebody we havent even heard from.
I look forward to hearing what he has to say. And all of that is for future consideration. I think one filibuster at a
time is probably enough. (CNNs Situation Room, 12/14/05)
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Sen. Russ Feingold (D-Wis.) Said That Not Filibustering Estrada Would Send Bush The Signal That Democrats Were
Going To Lay Down Without A Fight. It Sends The Signal That The Administration Can Get Away With Anything, He
Said. (Paul Kane, Estrada Filibuster Threatens Recess, Roll Call, 2/12/03)
Feingold Voted Seven Times Against Invoking Cloture On The Estrada Nomination. (CQ Vote #40: Motion rejected 5544: R 51-0; D 4-43; I 0-1, 3/6/03, Feingold Voted Nay; CQ Vote #53: Motion rejected 55-42: R 51-0; D 4-41; I 0-1, 3/13/03,
Feingold Voted Nay; CQ Vote #56: Motion rejected 55-45: R 51-0; D 4-44; I 0-1, 3/18/03, Feingold Voted Nay; CQ Vote
#114: Motion rejected 55-44: R 51-0; D 4-43; I 0-1, 4/2/03, Feingold Voted Nay; CQ Vote #140: Motion rejected 52-39:
R 49-0; D 3-38; I 0-1, 5/5/03, Feingold Voted Nay; CQ Vote #143: Motion rejected 54-43: R 50-0; D 4-42; I 0-1, 5/8/03,
Feingold Voted Nay; CQ Vote #312: Motion rejected 55-43: R 51-0; D 4-42; I 0-1, 7/30/03, Feingold Voted Nay)
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