Recent Press Releases

‘As we consider her nomination to the Supreme Court, my colleagues should ask themselves this important question: is she allowing her personal or political agenda to cloud her judgment and favor one group of individuals over another, irrespective of what the law says’

WASHINGTON, D.C. - U.S. Senate Republican Leader Mitch McConnell made the following remarks on the Senate floor Tuesday regarding Supreme Court nominee Sonia Sotomayor:

“Last week, the Supreme Court decided the case of Ricci v. DeStefano in which it ruled that the City of New Haven, Connecticut unlawfully discriminated against a number of mostly-white firefighters by throwing-out a standardized employment promotion test because some minority firefighters had not performed as well as they had.

“In this case, the Supreme Court was correct in my view. The government should not be allowed to discriminate intentionally on the basis of race on the grounds that a race-neutral, standardized test — which is administered in a racially-neutral fashion — results in some races not performing as well as others.

“Yet regardless of where one comes out on this question, there are at least two aspects of how all nine Justices handled this very important case that stand in stark contrast to how Judge Sotomayor and her panel on the Second Circuit handled it — and which call into question Judge Sotomayor’s judgment.

“First, this case involves complex questions of federal employment law; namely, the tension between the law’s protection from intentional discrimination — known as ‘disparate treatment’ discrimination — and the law’s protection from less overt forms of discrimination, known as ‘disparate impact’ discrimination.

“It also involves important constitutional questions — such as whether the government, consistent with the Fourteenth Amendment’s guarantee of equal protection under the law, may intentionally discriminate against some of its citizens in the name of avoiding possible discriminatory results against other of its citizens.

“Every court involved in this case realized that it involved complex questions that warranted thorough treatment — every court, that is, except for Judge Sotomayor’s panel. The district court, which first took up the case, spent 48 pages wrestling with these issues. The Supreme Court devoted 93 pages to analyzing them. By contrast, Judge Sotomayor’s panel dismissed the firefighters’ claims in just six sentences — a treatment that her colleague and fellow Clinton appointee, Jose Cabranes, called ‘remarkable,’ ‘perfunctory,’ and not worthy ‘of the weighty issues presented by’ the firefighters’ appeal.

“It would be one thing if the Ricci case presented simple issues that were answered simply by applying clear precedent. But the Supreme Court doesn’t take simple cases. And at any rate, no one buys that this case was squarely governed by precedent, not even Judge Sotomayor. We know this because in perfunctorily dismissing the firefighters’ claims, Judge Sotomayor didn’t even cite a precedent.

“Moreover, she herself joined an en banc opinion of the Second Circuit that said the issues in the case were ‘difficult.’ So, to quote the National Journal’s Stuart Taylor, the way Judge Sotomayor handled the important legal issues involved in this case was ‘peculiar’ to say the least. And it makes one wonder why her treatment of these weighty issues differed so markedly from the way every other court has treated them and whether her legal judgment was unduly affected by her personal or political beliefs.

“Second, all nine Justices on the Supreme Court said that Judge Sotomayor got the law wrong. She ruled that the government can intentionally discriminate against one group on the basis of race if it dislikes the outcome of a race-neutral exam and claims that another group may sue it. Or, as Judge Cabranes put it, under her approach, employers can ‘reject the results of an employment examination whenever those results failed to yield a desired racial outcome, i.e., failed to satisfy a racial quota.’

“No one on the Supreme Court, not even the dissenters, thought that was a correct reading of the law.

“Justice Kennedy’s majority opinion said that before it can intentionally discriminate on the basis of race in an employment matter, the government must have a ‘strong basis in evidence’ that it could lose a lawsuit by a disgruntled party claiming a discriminatory effect of an employment decision. And even Justice Ginsburg and the dissenters said that before it intentionally discriminates, the government must have at least ‘good cause’ to believe that it could lose a lawsuit by the disgruntled party.

“Not Judge Sotomayor. She evidently believes that statistics alone allow the government to intentionally discriminate against one group in favor of another if it claims to fear a lawsuit.

“Stuart Taylor notes why this is problematic. As he put it, the Sotomayor approach would, quote, ‘risk converting’ federal anti-discrimination ‘law into an engine of overt discrimination against high-scoring groups across the country and allow racial politics and racial quotas to masquerade as voluntary compliance with the law.’ Under such a regime, Taylor notes, ‘no employer could ever safely proceed with promotions based on any test on which minorities fared badly.’

“It is one thing to get the law wrong, but Judge Sotomayor got the law really wrong in the Ricci case, and the New Haven firefighters suffered for it. To add insult to injury, the perfunctory way in which she treated their case indicates either that she didn’t really care about their claims, or that she let her own experiences planning and overseeing these types of lawsuits with the Puerto Rican Legal Defense and Education Fund affect her judgment in this case.

“As has been reported, before she was on the bench, Judge Sotomayor was in leadership positions with PRLDEF for over a decade. While there, she monitored the group’s lawsuits and was described as an ‘ardent supporter’ of its litigation projects—one of the most important of which was a plan to sue cities based on their use of civil service exams. In fact, she has been credited with helping develop the group’s policy of challenging these types of standardized tests.

“Is the way Judge Sotomayor treated the firefighters’ claims in the Ricci case what President Obama means when he says he wants judges who can ‘empathize’ with certain groups? Is this why Judge Sotomayor herself said she doubted that judges can be impartial, ‘even in most cases’? It’s a troubling philosophy for any judge — let alone one nominated to our highest court — to convert ‘empathy’ into favoritism for particular groups.

“The Ricci decision is the tenth of Judge Sotomayor’s cases that the Supreme Court has reviewed. And it is the ninth time out of ten that the Supreme Court has disagreed with her. In fact, she is 0 for 3 during the Supreme Court’s last Term.

“The President says that only 5 percent of cases that federal judges decide really matter. I don’t know if he’s right. But I do know that, by necessity, the Supreme Court only takes a small number of cases, and it only takes cases that matter. And I know that in the Supreme Court, Judge Sotomayor’s been wrong 90 percent of the time.

“In the Ricci case — her third and final reversal of this term — Judge Sotomayor was so wrong in interpreting the law that all nine justices, of all ideological stripes, disagreed with her. As we consider her nomination to the Supreme Court, my colleagues should ask themselves this important question: is she allowing her personal or political agenda to cloud her judgment and favor one group of individuals over another, irrespective of what the law says?”

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‘These were costly mistakes, and we can’t take them back. But we can prevent these same kinds of mistakes on health care. If the stimulus taught us anything, it’s that Americans should be skeptical any time someone in Washington rushes them into a major purchase with taxpayer dollars’

WASHINGTON, D.C. - U.S. Senate Republican Leader Mitch McConnell made the following remarks on the Senate floor Tuesday regarding the importance of getting it right on health care reform:

“The American people want health care reform — that’s not in question. But they have serious concerns about some of the proposals coming out of Washington, concerns that I’ve outlined on the Senate floor over the past few weeks. And Americans are also increasingly concerned about the way these proposals are being sold. Specifically, they’re concerned that the same mistakes that were made on the economic stimulus bill are about to be made again — only this time, those mistakes would be all-but-permanent and would directly affect every single American family.

“Here’s what they’re concerned about:

“Earlier this year, advocates of the stimulus said that the bill had to pass right away, with minimal scrutiny and minimal bipartisan support. They gave the American people less than 24 hours to review one of the costliest pieces of legislation in history, and then they hoped for a good result. The reason for the rush is clear. Proponents of the stimulus were concerned that public support would start to fade if people got a closer look at the details. So they short-changed the debate and overpromised on results. And now their predictions are coming back to them.

“Here’s what they said at the time.

“They said that if the stimulus passed, unemployment wouldn’t rise above eight percent. Unemployment is now approaching 10 percent. They said the stimulus was necessary to jumpstart the economy. Yet now, with about a half million jobs lost every month, they’ve started to admit that they simply ‘misread’ the economy.

“These were costly mistakes, and we can’t take them back.

“But we can prevent these same kinds of mistakes on health care. If the stimulus taught us anything, it’s that Americans should be skeptical any time someone in Washington rushes them into a major purchase with taxpayer dollars. We’d walk away from any car salesman who tried to rush us into buying a car — even if it was a cheap one.

“We should be just as skeptical of a lawmaker who tries to do the same thing with our tax dollars and trillions in borrowed money. And now that Americans are hearing the same kinds of arguments about health care that we heard about the stimulus, the taxpayer antenna should go up.

“Now it’s time for advocates of a government-run health plan to actually take the time to determine what reforms will actually save us money and increase access to care while preserving the things people like about our system.

“Taking time may be frustrating to those who want to rush a health care bill through Congress before their constituents have a chance to see what they’re buying. But the fact that the public is increasingly concerned about government-run health care isn’t reason to rush. It’s reason to take the time we need to get it right — and to make a serious effort to get members of both parties to work out reforms that a bipartisan majority can agree to, several of which I’ve enumerated many times already on the Senate floor.

“We should reform our medical liability laws to discourage junk lawsuits and bring down the cost of care; we should encourage wellness and prevention programs that have been successful in cutting costs; we should encourage competition in the private insurance market; and we should address the needs of small businesses without creating new taxes that kill jobs.

“Advocates of government health care should also be exceedingly cautious about the predictions they make this time around. We already know that many of the promises that are being made about a government-run health plan are unrealistic — such as the claim that everyone who likes the insurance they have will be able to keep it and that the cost of such health care proposals won’t add to the national debt.

“As Democrats rushed the stimulus funds out the door, they also predicted it wouldn’t be wasted. Yet every day we hear about another outrageous project that it’s being used to fund. I’ve listed some of these projects in previous floor remarks, such as a $3.4 million turtle tunnel in Florida. Americans struggling to hold onto their homes and their jobs want to know why their tax dollars are being spent on such wasteful and needless projects.

“Americans were overpromised on the stimulus. This time they want the facts.

“Soon, the Government Accountability Office will issue a report that gives us an even greater sense of the problems with the stimulus. I’m concerned that this report will provide an even clearer accounting of the mistakes that were made with that bill — and the flawed manner in which it was sold to the American people.

“Americans who are now waking up to headlines about the problems with the stimulus don’t want to be told a few months from now that the people who sold them a government-run health care system misread the state of our health care industry, or that the health care plan they’re proposing was based on faulty assumptions.

“Americans don’t want to wake up a few years from now with their families enrolled in a government-run health care system because some here in Washington decided to rush and spend a trillion dollars and let the chips fall where they may.

“The American people don’t want us to rush through a misguided plan that pushes them off of their health insurance and onto a government plan that denies, delays, and rations care. On the stimulus, Americans saw what happens when Democrats rush and spend. When it comes to health care, they are demanding we take the time to get it right.”

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WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell announced Tuesday that he secured nearly $29 million in funding in two bills containing critical support for several Kentucky projects. The measures, approved by a key Senate committee today, will go to the Senate floor for consideration.

McConnell secured $20.3 million for the following projects in the FY 2010 Military Construction and Veterans Affairs bill:

• $5 million in additional funds for the demilitarization at Blue Grass Army Depot

This brings the total FY 2010 funding level for the Assembled Chemical Weapons Alternatives Program to approximately $550 million, which is the highest level of funding to date. “For years, the people of Madison County have lived near stockpiles of dangerous chemical weapons – and these weapons are a major threat to the community. The additional funds support the higher budget level Secretary Gates recognized was critically important at my urging earlier this year,” McConnell said.



• $14.4 million for the Installation Chapel Center at Fort Campbell

“The soldiers and families at Fort Campbell make huge sacrifices every day,” Senator McConnell said. “This new chapel will help to ensure that more of their needs are met, giving them a gathering space for spiritual and community events.”



• $900,000 for the Warrior Rehabilitation and Fitness Center at Fort Campbell

“This funding will be used to design a single facility for the rehabilitation of wounded warriors and the physical fitness of troops at the installation,” Senator McConnell said. “This facility will provide state-of-the-art equipment for troops to receive the highest quality of physical therapy and care.”



McConnell secured $8.57 million for agriculture projects in Kentucky in the FY 2010 Agriculture Appropriations bill:



“This money will help carry on the important work to shape the future of Kentucky’s agriculture,” Senator McConnell said. “It also will enable the construction of Kentucky’s two federal research labs located at the University of Kentucky and Western Kentucky University.”

• Senator McConnell secured $4.9 million for agriculture projects at the University of Kentucky.

In addition to the construction of a UK/Agriculture Research Service (ARS) lab, the funding will be used for the UK Animal Health project, the UK New Crop Opportunities project, UK’s Advanced Genetics Technology Center, UK’s Health Education Extension Leadership (HEEL) Program, and UK’s Precision Agriculture Research Unit.

“The UK College of Agriculture is a leader in agricultural research and I am pleased that my colleagues recognized the importance of this funding for the university,” McConnell said. “This money will help scientists and students at UK carry on their important work.”



• Senator McConnell secured $2.1 million for agriculture projects at Western Kentucky University.

The funding will be used for the construction of a WKU/ARS research lab, the continued funding for WKU/ARS research on waste management, and the Green River Water Quality and Biological Diversity Monitoring Project. “WKU students and scientists are doing work examining ways to protect Kentucky’s environment while at the same time aiding beef and poultry producers to improve farm productivity.”



• Senator McConnell secured $300,000 for the Murray State University Breathitt Veterinary Center.

“The MSU Breathitt Veterinary Center is a nationally preeminent animal disease diagnostic laboratory serving western Kentucky, and parts of southern Indiana and northwest Tennessee,” Senator McConnell said. “The upgrade to the facility will not only benefit MSU students, but will continue to protect the health of Kentucky’s agricultural industries including beef and dairy cattle, poultry, equine and other farmed animals



• Senator McConnell secured an additional $1.26 million for two statewide agriculture projects. This funding will be used for the Kentucky Soil Erosion Control/Soil Survey Program and the Kentucky Soil Conservation Districts Technical Assistance Grants.

The Agriculture and Military Construction/Veterans Affairs Appropriations bills now go to the full Senate for consideration.



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