Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:45 a.m. on Tuesday, October 4. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and the Senate proceed to a period of morning business for up to 60 minutes, with the first 30 minutes under the control of the Democrat leader or his designee, and the final 30 minutes under the control of the majority leader or his designee; provided that following morning business, the Senate then resume consideration of H.R. 2863, the Defense appropriations bill.

Mr. FRIST

Mr. FRIST. Mr. President, tomorrow we will return to the Defense appropriations bill. Moments ago, we locked in the filing deadline for amendments. That will give the two managers a better idea of what to expect on the bill. We are not encouraging Members to file amendments, but Members will have until 10:30 tomorrow morning to file their first degrees. Senators are reminded we will have stacked votes later in the day on Wednesday, and we will remain in session this week until we complete the bill. We have other work to complete this week, including the pensions legislation, so I ask for everyone's cooperation in advance as we move forward on these two items.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Earlier today, or earlier this afternoon, I remarked that this is a momentous day in our Nation's history. For the first time in two decades, a new Chief Justice ascends to the bench of the highest Court of the land. Judge Roberts is leading the Supreme Court as the 17th Chief Justice of the United States today. Today marks the nomination of Harriet Miers as an Associate Justice for the Supreme Court, and we had yet another opportunity to shape the course of our history. She will be a great addition to the Supreme Court. She does have extensive legal experience, both in the private sector as well as counsel for the President. She understands judicial restraint. She understands that limited role of the judge to interpret the law and not to legislate from the bench. We are ready to begin this nomination process. Officially, it has now begun with her nomination. We will have a civil process, a dignified process that ultimately will lead to a confirmation of Ms. Miers before Thanksgiving.

Mr. FRIST

Mr. FRIST. Mr. President, today is the last day of the fiscal year, and it will be necessary for us to consider the continuing resolution, which is at the desk. This continuing resolution is a short-term measure that will keep all functions of Government operating while we continue to work on the remaining appropriations measures. I hope we can act expeditiously on the joint resolution, which is at the desk. I understand there may be an amendment from the other side of the aisle, and I ask Members to show restraint. We need to pass this resolution without amendment so it can get to the President for his signature by midnight tonight. If an amendment is offered, I would expect we would vote quickly on that amendment so we can then proceed to vote on the underlying continuing resolution. Members can expect a vote this morning as we complete our work on this funding measure. Order of Procedure Mr. President, I ask unanimous consent that at 9:45 the Senate turn to the consideration of H.J. Res. 68, the continuing resolution, which is at the desk; provided further that one amendment be in order to be offered by Senator Harkin and relating to CSBG, and that the time until 10:15 be equally divided in the usual form. I further ask unanimous consent that at 10:15 the Senate vote in relation to the Harkin amendment, and that following that vote, the resolution be read a third time, and the Senate proceed to a vote on passage of the joint resolution, with no intervening action or debate.

Mr. FRIST

Mr. FRIST. I understand there is a bill at the desk. I ask for its first reading.

Mr. FRIST. I ask for a second reading and, in order to place the bill on the calendar under the provisions of rule XIV, I object to my own request.

Mr. FRIST

Mr. FRIST. Mr. President. I ask unanimous consent that when the Senate completes its business today, it adjourn until 9:30 a.m. on Friday, September 30. I further ask that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved, and there then be a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, tomorrow is the last day of the fiscal year. During tomorrow's session, we will need to pass the continuing resolution, which is at the desk. Tomorrow morning, we will turn to that joint resolution and we expect a rollcall vote. We hope to have that vote by 10:15 in the morning. Senators should adjust their schedules accordingly. After we complete the continuing resolution tomorrow, we will return to the Defense appropriations bill. Senators will be able to offer amendments at that time. On Friday, we will update all Members as to next week's schedule.

Mr. FRIST

Mr. FRIST. If there is no further business to come before the Senate, I ask unanimous consent the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, as in executive session, I ask unanimous consent that the nomination of Franklin L. Lavin, of Ohio, to be Under Secretary of Commerce for International Trade, be referred jointly to the Committee on Finance and Banking, Housing, and Urban Affairs.

Mr. FRIST

Mr. FRIST. Mr. President, in a few minutes, we will begin the final remarks regarding the nomination of Judge John Roberts to serve as Chief Justice of the United States. Beginning at 10:30 this morning, the time until the vote has been allocated for closing comments by the chairman and ranking member of the Judiciary Committee. The vote on the confirmation of Judge Roberts will begin at 11:30. I remind all Senators to be at their desks at the outset of this historic vote. Senators should come to the Chamber around 11:20 for the 11:30 vote. Following the confirmation vote on Judge Roberts, the Senate will take up the Defense appropriations bill. Senators should expect additional votes on the Defense bill, as well as votes on Friday. The vote we cast today is one of the most consequential of our careers. With the confirmation of John Roberts, the Supreme Court will embark upon a new era in its history--the Roberts era. For many years to come, long after many of us will have left public service, the Roberts Court will be deliberating on some of the most difficult and fundamental questions of U.S. law. As all Supreme Courts that have come before, their decisions will affect the lives of all Americans. When the President announced his nomination of Judge Roberts in July, we pledged to conduct a full, thorough, and fair review of Judge Roberts' credentials and qualifications. We also pledged we would conduct those deliberations in a timely and expeditious manner so the Supreme Court could begin its term on October 3 at full strength. We have delivered on both promises. I thank Chairman Arlen Specter for his leadership and handling of the hearings process, and I also want to thank my colleagues for moving forward so the Supreme Court can do its important work for the American people. I expect a strong bipartisan vote in support for Judge Roberts later this morning. As has been said by Members on both sides of the aisle, Judge Roberts is an exceptional candidate who possesses the keen intelligence, the exemplary character, and sterling credentials to serve as Chief Justice of the highest Court in the land. I look forward to confirming him to lead the Supreme Court of the United States. I yield the floor.

Mr. FRIST. Mr. President, for the information of my colleagues, Senator Lott has been scheduled to speak. When he comes, we will be alternating back and forth.

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

Mr. FRIST. Mr. President, the duty before us today to provide advice and consent on John Roberts' nomination as Chief Justice of the United States is perhaps the most significant responsibility we will undertake as elected leaders. It is a duty decreed to us by the Constitution and an obligation the American people have entrusted us to fulfill. In this Chamber today, we are seated at the drafting table of history. We are prepared to write a new chapter in the history of our Nation. Our words and our actions will be judged not only by the American people today but by the eyes of history forever. As we prepare to pick up the pen to write these words that will shape the course of our highest Court, I ask that we think hard about the words we will write. I ask that we think hard about the question we must answer: Is Judge Roberts qualified to lead the highest Court in the land? I believe the answer to this question is yes. Judge Roberts possesses the qualities Americans expect in the Chief Justice of its highest Court and the qualifications that America deserves. Without a doubt, he is the brightest of the bright. His understanding of constitutional law is unquestionable. Judge Roberts has proven through his tenure on the District of Columbia Circuit Court of Appeals and in his testimony before the Judiciary Committee that he is committed to upholding the rule of law and the Constitution. He has demonstrated that he won't let personal opinions sway his fairminded approach. He will check political views at the door to the Court, for he respects the role of the judiciary and recognizes the importance of separation of powers. As he so eloquently stated before the committee: ``Judges are like umpires. Umpires don't make the rules, they apply them . . . They make sure everybody plays by the rules, but it is a limited role.'' Judge Roberts will be a great umpire on the High Court. He will be fair and openminded. He will stand on principle and lead by example. He will be respectful of the judicial colleagues and litigants who come before the Court. And above all, he will be a faithful steward of the Constitution. This is what we know about John Roberts: In the last few weeks, he has provided us information and answered our questions. John Roberts has fulfilled his obligation to the Senate. Now it is time to fulfill our obligation to the American people. It is time for each Member to answer, Is John Roberts the right person for the job of Chief Justice of the United States? It is my belief that the answer is yes. It is my belief that the chapter we write should begin with his name. It is my hope that today Members will join me in writing the words; that Members will join me in writing ``yes'' for John Roberts' nomination as our Nation's 17th Chief Justice. I ask for the yeas and nays.

Mr. FRIST. I move to reconsider the vote.

Mr. FRIST. I ask that the President be immediately notified of the Senate's action.

Mr. FRIST

Mr. FRIST. I ask that the Senate resume legislative session.

Mr. FRIST. I suggest the absence of a quorum.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, today the Senate resumes consideration of the nomination of John Roberts to be Chief Justice of the United States. Tomorrow at 11:30 we will vote on this nomination. Again, I remind all Senators to be at their desks for that vote. This is among the most significant votes that most of us will cast in our Senate careers, the approval of the nomination of Chief Justice of the United States. We ask Senators to come to the Chamber around 11:20 to be seated for the 11:30 vote. Following the confirmation on Judge Roberts, the Senate will take up the Defense appropriations bill. Senators should expect votes on Thursday, and we will be voting on Friday on the appropriations bill or any other legislative or executive items that are cleared for action. I was talking to the Democratic leader to make sure that we are voting on Friday of this week. We also have a continuing resolution that we must act on this week before the end of the fiscal year. Therefore, I ask that Senators adjust whatever plans they have for the weekend or for Friday to recognize that we will be voting. We will not be voting on Monday or Tuesday in observance of the Jewish holiday. But the Senate will be in session to conduct business and discussing amendments. Those amendments will be stacked for votes on Wednesday. We will notify Senators as to what time that will be. I encourage Senators to come forward and offer their amendments as early as possible so we can vote on Wednesday.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that there now be a period of morning business with Senators permitted to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be discharged from further consideration of H.R. 2385 and the Senate proceed to its immediate consideration.