So, the question fairly asked, "You say that you think he's going to be there on issues that matter to Alaskans that you have taken strong positions on." The reason I could not support Judge Kavanaugh in the cloture motion the afternoon, is that in my role and my responsibility as one Senator on this floor, I take this obligation that we have in the role of advice and consent as seriously as anything that I am obligated or privileged to be able to vote on. And so I have a very high standard. I have a very high bar for any nominee to the Supreme Court of the United States.
United States Senator from Alaska since 2002
Lisa Ann Murkowski (born May 22, 1957) is an American attorney and politician serving as the senior United States senator for Alaska, having held that seat since 2002. Murkowski is the second-most senior Republican woman in the Senate, after Susan Collins of Maine.
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So, we moved, we shifted that conversation, from so many of the issues I had been focused on to other areas that are also important in evaluating a nominee for the courts. But I listened very carefully to the remarks—the strong, well-articulated remarks—of my colleague and my friend who sits next to me here, Senator Collins. And I found that I agreed with many of the points that she raised on the floor earlier. I do not think that Judge Kavanaugh will be a vote to overturn Roe V. Wade. And I also join with her in saying that I do not think that protections for those with pre-existing conditions will be at risk. And I also do not think that he will be a threat to Alaska Natives. This is an issue that had certainly been raised. But I had extended conversations with the judge on just these issues. And I believe that he recognizes, as he told me, that Alaska Natives are not in that identical place as Native Hawaiians. Alaskan tribes are included on the list of federally recognized tribes and the fact remains that Native Hawaiians are not. This is a distinction. This is a difference. I am one who, in this body, has said I would like to see Native Hawaiians there. And I worked with my friend Senator Akaka when he was in this body to help advance that. I have supported those, but the fact remains that that constitutional status of Alaska Natives in the Indian Commerce Clause are simply not at play with this nomination. I don't believe that.
And so there was more work to be done. I was one who wanted to make sure that there was a process going forward. And when there were more questions that were raised after the initial process, I was one who joined in asking that the FBI step in and do further review. And so I have been engaged in this lengthy and deliberative process for months now. And I was truly leaning towards supporting Judge Kavanaugh in his nomination as I looked to that record. But we know that in our role of advice and consent, it is not just the record itself. There is more that is attached to it. It is why, when in the state of Alaska, a nomination for a judge goes forward, you rate them not only on their professional competence, what they have demonstrated through their record, but also matters of temperament and demeanor—which are very, very important.
I sat with Judge Kavanaugh for a lengthy period of time, about an hour and a half, and asked the questions that I had and then did more due diligence. I reviewed the cases and I did my homework. I listened to the concerns that were raised by many in my state on issues that were all over the board. Whether it was a woman's right to choose, the Affordable Care Act, Executive Authority, deference to the agencies, Native issues—I took considerable time. And when the hearings came, not being on the Judiciary Committee, I paid attention. I followed the testimony of the judge, the very critical questioning from many of my colleagues on the other side of the aisle. And then when, at the end of the process, or so seemingly what we believed to be the end of the process, there were more questions, I went back to Judge Kavanaugh and had a good conversation with him. And then the allegations that we have been discussing and trying to understand more about came forward and we all moved from focusing on the issues to truly a discussion that none of us ever thought that we would be having when it came to the confirmation process for the highest court in the land.
I spent more time evaluating and considering the nomination of Judge Kavanaugh than I have with any of the previous nominations to the United States Supreme Court that I've been privileged to review. I've had the opportunity to vote on five Justices prior to this. And I took my time. I was deliberate, thoughtful. Some accused me of being too deliberate, too thoughtful, taking too much time. But this is important to me. It should be important to all of us. And I know that it is important to all of us. And so I studied the record.
I've come to the floor this evening to share my thoughts on what has been an extraordinarily long, difficult, and truly painful process. As we took up the cloture motion on the nomination of Brett Kavanaugh to the United States Supreme Court, the process that led us to this vote today has been, in my view, a horrible process. A gut-wrenching process, where good people have been needlessly hurt. Where a woman who never sought the public spotlight, was, I think, cruelly thrust into the brightest of spotlights. A good man, a good man, with sterling academic credentials and unblemished professional record, both as the lawyer, the professional lawyer he was, and judge, and also as a husband and father of two young girls, has been damaged terribly. And as both of these individuals, Dr. Ford and Judge Kavanaugh, have been harmed—their families have too. We need to, we must do better by them. We must do better as a Legislative Branch. We have a moral obligation to do better than this.
Senator Graham observed that John will not be replaced by any one Senator. It is going to take all of us working together. It is going to take all of us to really accomplish what John knew we were capable of. By coming together, respecting one another, one another's principles, even when we disagree, and working through these disagreements to compromise--that is how we really honor John's legacy. There are a lot of words, and these words will come and go, but the way to truly honor him is to live out what he believed this Senate is capable of doing. We were reminded that there is a little John McCain in all of us. I think it would be good for us to remind one another of that, to urge the inner John McCain in each of us to present itself in a way that betters our institution. On behalf of the people of the 49th State, the great State of Alaska, I thank you, John McCain. I thank the family for the years that you gave him to us, to his country. We will take it from here, inspired by your service, John McCain, by your intellect, by your integrity, and by your determination to do right. May you rest in peace, John McCain.
John fought for our institution because he never lost sight of the fact that the legislative branch is a coequal branch of government, not subordinate to the White House. He took no guff--we all know--from the administration, no matter who was in charge. That wasn't just because John liked to flex his senatorial muscle; it was because he was a true believer in the Constitution and its checks and balances. He was a true believer in the institutions of government and a true believer in democracy. John certainly made his share of history, and he has earned his place in it. I think we all know how much we will miss him, his passion, his courage. His loss leaves us sad, but at the same time, I think it offers us a beacon of hope here in the Senate as we reflect on his life and his contributions.
There are so many things we can share about John, but really when I think about his legacy going forward, whether he is "Project Maverick," as my friend from South Carolina has said, or however we choose to remember him, I do hope that history will remember John as an institutionalist in the highest tradition of the Senate. John was committed to thoughtful debate and regular order. He was an effective committee chairman, respecting the interests of members on both sides. He managed his bills on the floor working hand-in-hand with the other side. These were tough bills. The annual Defense authorization bill draws something on the order of 600 amendments. He was always protective of committee prerogatives. He was known to put his foot down when appropriators sought to muscle out the authorizers. He was always looking toward compromise and bipartisanship.
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After Senator Stevens left the Senate in 2009, the Pentagon had tried to cut off the pensions of two dozen--just two dozen--elderly men who served in the Alaska Territorial Guard during World War II. Senator Stevens had worked very hard to get their service counted as military service and to grant them veteran status, and, not unlike the way Ted did things, he took care of it in the appropriations process, so it was an earmark. Over the Christmas holiday, the Pentagon kind of worked to reinterpret that earmark. Needless to say, Ted was gone, and this was an important issue to these 24 elderly veterans, and so I moved an amendment on the Defense appropriations bill to reverse it. I talked to John, and he was pretty skeptical at first because, he said, it was an earmark. But then he asked whether these Native Guardsmen, these Eskimo Scouts, had actually seen war, and I was able to share with him the story of those who had stood lookout on the homeland in the Aleutian Islands, the reminder that in Alaska, we were the only American soil that was occupied by the Japanese in World War II and that it was these Native warriors who were standing guard, standing lookout. So, long story short, John knew that supporting these elderly veterans was the right thing to do.
I think that John would have been proud of me on the afternoon that he passed. I was in the village of Savoonga, which is a small community--about 800 people--on St. Lawrence Island, about 40 miles from Russia. It is in the Bering Sea. It is one of the most remote places in Alaska. I was there to conduct a field hearing--the Indian Affairs Committee--focused on poor housing conditions, overcrowded housing, where our Native people are forced to live in extraordinarily difficult homes with difficult sanitation problems in these very remote communities. John was really a champion for ending the Third World living conditions that too many of our Native people still endure. We have a lot of unfinished work on that front, and I plan to attack it with the same vigor John brought to the fight. I mentioned John's love for our military, for our veterans. He will long be remembered for his efforts to bring our military back from years of neglect and the devastating pain of sequestration. The story that we all know--John worked on major defense budgets and was an extraordinary advocate for all of our defense. I think my story and how it intersects with a very, very small group of elderly Alaska warriors demonstrates that this big, strong, gruff guy, who was truly taking on the world, had a very soft spot in his heart, and the kindness he showed to these few elderly Alaska Native Guard veterans is something that is worthy of sharing.
I valued John's work on campaign finance reform and comprehensive immigration reform. I was never part of the gang on immigration, but my votes clearly marked me as a fellow traveler. We also shared a strong respect for our Native peoples. Both Arizona and Alaska have many Tribes and large concentrations of indigenous Americans, and his decades of work to advance the cause of Native people was legendary. Because John accomplished so much during his time here--we all talk about his time spent on the international front working on defense issues, but I think oftentimes the issues with Native Americans, Indian issues, were overlooked, so let me comment on that for a moment. Back in the 1990s, John joined with Senator Inouye of Hawaii on amendments to the Indian Self-Determination Act providing for Tribal self-governance compacting. That opened up a whole new era of opportunity for Alaska Tribes. It laid the groundwork for Alaska Tribes to take over the delivery of Native healthcare from a failing Federal bureaucracy. Now, around the State, whether you are up in Utqiagvik or down in Ketchikan, they enjoy award-winning, world-class healthcare in a system that the Native people control, and that really would not have been possible without people like John McCain fighting for our Native people.
Then there was the other end of the spectrum--those times when John and I were voting together, sometimes against the majority of our own party. Healthcare and the ACA vote last year is certainly a prime example of that. That was a tough vote. That was a tough vote for our conference. It was a difficult vote, but I will tell you, it was comforting to have some solidarity with my friend John McCain even when it was clear that we may have disagreed with many of our colleagues. But John was one who, when he had made up his mind up, he had made up his mind, and you respected that. John visited Alaska, and it helped validate his view that climate change is real, that it is something we have to deal with, and that we have to take practical steps to address it. And I agree with John. I don't need any convincing on that, and I am going to be proud to help achieve that goal.
We all have heard some of the legendary stories of when individuals kind of came head-to-head or toe-to-toe with John McCain, and certainly there were some areas where we disagreed. We had a little bit different view on earmarks. And that was not just my relationship with Senator McCain but previous Alaskan Senators as well. But I think we all agreed that our disagreements were principled in nature. I remember one very interesting and heated exchange over the merits of essential air service, and John was on one side of the issue and I was an advocate for essential air. We were literally nose-to-nose, and I said: "Don't you understand that it is called essential air because it is essential because we don't have roads to these places?" And he kind of growled at me and: "Well, I don't know why we need to have it." There were legendary back-and-forths, and sometimes you won, sometimes John won, but it was always with a great deal of passion that these exchanges moved forward.
John was very clear that you had to earn his respect. Respect was not something that came with the title. The fact that you were a U.S. Senator didn't mean you had earned his respect. And I know because I felt that in my early years here in the Senate. I came through an appointment, and I think John McCain was just going to wait to see if I was able to prove myself, and he ultimately decided, apparently, that I had. He came up to me one day--we were actually walking down the aisle there, and he came up and he said: You know, you are OK, kid. And for that, that was high praise.