41128 CONGRESSIONAL RECORD — SENATE December 17, 1975

During his 5 years as a member of the

Court of Appeals for the Seventh Circuit,

he has demonstrated his judicial fitness

and temperament. His professional qualifications are unquestioned by those who

have had contact with Judge Stevens or

have studied his remarkable record of

accomplishment. His personal integrity,

as reflected in his financial statements

and income tax returns, is of the highest

order.

The intellectual capability of Judge

Stevens is unchallenged. He has written

more than 200 opinions as a member of

the court of appeals. Those opinions, according to legal scholars who studied

them in depth, illustrate the soundness

of his reasoning, and his legal essays reveal a clarity and precision which highlights his competence. Beyond this, his

writings indicate a depth of comprehension of antitrust matters which will prove

of tremendous value in the future as the

legal system is required to cope with

our extremely complicated economic

structure.

As chairman of the Subcommittee on

Constitutional Rights of the Judiciary

Committee, I have been dedicated to the

task of assuring that the fundamental

rights guaranteed to all citizens by the

Constitution shall be preserved. Necessary to this endeavor is the full extension

of such rights to groups in our society

who traditionally have not enjoyed their,

benefits. In this regard, Judge Stevens,

in his opinions in Sprogis v. United Airlines, Inc. (444 F. 2d 1194, 7th Cir. 1971)

and Doe v. Bellin Memorial Hospital (479

F. 2d 756, 7th Cir. 1974) developed what

can be construed as insensitivity to the

struggle by women for full equality. In

addition, his statements in the hearings

on the equal rights amendment concern

me because he seemed unfamiliar with

both recent case law on equal protection

of women under the 14th amendment,

and the considerable public discussion

justifying the need for a constitutional

amendment.

When Justice Douglas resigned, I

called on the President to nominate

someone of his distinction and stature.

In my view, several women were well

qualified for the nomination, and it is

certainly true that women are underrepresented on Federal and State courts at

all levels. The President did not choose a

woman, and after careful review of this

nominee's record on women's issues, I

must conclude that he is fair although

not conspicuously compassionate about

the needs of a majority of our population.

I fervently hope that he will retain,

during his tenure on the Court, the memory of the two great Justices who have

preceded him in this seat, Mr. Justice

Brandeis and Mr. Justice Douglas, and

that he will strive, with sensitivity and

compassion, as they so gallantly did, to

preserve and protect inviolate the fundamental rights of all Americans.

The ACTING PRESIDENT pro tempore. All time has expired.

Under the previous order, the hour of

1 p.m. having arrived, the Senate will

now proceed to vote on the nomination

of Mr. John P. Stevens to be an Associate

Justice of the U.S. Supreme Court.

The question is, Will the Senate advise

and consent to the nomination of John

P. Stevens to be an Associate Justice of

the U.S. Supreme Court? The yeas and

nays are ordered, and the clerk will call

the roll.

The legislative clerk called the roll.

Mr. ROBERT C. BYRD. I announce

that the Senator from Indiana (Mr.

BAYH) is necessarily absent.

I also announce that the Senator from

Alabama (Mr. ALLEN) is absent because

of illness.

The yeas and nays resulted—yeas 98,

nays 0, as follows:

[Rollcall Vote No. 603 Ex.]

TEAS—98

Abourezk

Baker

Bartlett

Beall

Bellmon

Bentsen

Biden

Brock

Brooke

Buckley

Bumpers

Burdick

Byrd,

Harry P., Jr.

Byrd, Robert C

Cannon

Case

Chiles

Church

Clark

Cranston

Culver

Curtis

Dole

Domenici

Durkin

Eagleton

Eastland

Fannin

Fong

Ford

Garn

Glenn

Goldwater

Allen

Gravel

Griffin

Kansen

Hart, Gary

Hart, Philip A.

Hartke

Haskell

Hatfield

Hathaway

Helms

Hollings

Hruska

Huddleston

Humphrey

.Inouye

Jackson

Javits

Johnston

Kennedy

Laxalt

Leahy

Long

Magnuson

Mansfield

Mathias

McClellan

McClure

McGee

McGovern

Mclntyre

Metcatf

Mondale

Montoya

Morgan

NAYS—0

Moss

Muskie

Nelson

Nunn

Packwood

Pastore

Pearson

Pell

Percy

Proxmire

Randolph

Ribicoff

Roth

Schweiker

Scott, Hugh

Scott,

William L

Sparkman

Stafford

Stennis

Stevens

Stevenson

Stone

Symington

Taft

Talmadge

Thurmond

Tower

Tunney

Weicker

Williams

Young

NOT VOTING—2

Bayh

Act of 1946. The resolution would also

authorize a corresponding delay in the

report of the Joint Economic Committee

on the President's report. The resolution

has been agreed to by the chairman of

the Joint Economic Committee and is

agreeable to the minority.

The ACTING PRESIDENT pro tempore. The joint resolution will be read

for the information of the Senate.

The joint resolution (S.J. Res. 153)

was read the first time by title, and the

second time at length, as follows:

SENATE JOINT RESOLUTION 153

EXTENDING THE FILING DATE OP THE 1976 JOINT

ECONOMIC COMMITTEE REPORT

Resolved by the Senate and House of Representatives of the United States of America

in Congress assembled, That (a) notwithstanding the provisions of section 3 (a) of the

Employment Act of 1946 (15 U.S.C. 1022(a)),

the President shall transmit the 1976 Economic Report to the Congress not later than

January 26, 1976, and (b) notwithstanding

the provisions of clause (3) of section 5(b)

of such Act (15 U.S.C. 1024:(b)), the Joint

Economic Committee shall file its report on

the President's 1976 Economic Report with

the Senate and the House of Representatives

not later than March 19, 1976.

The ACTING PRESIDENT pro tempore. Is there objection to the immediate

consideration of the joint resolution?

There being no objection, the joint resolution (S.J. Res. 153) was considered,

ordered to be engrossed for a third reading, read the third time, and passed.

The ACTING PRESIDENT pro tempore. On this vote the yeas are 98, the

nays are 0. The nomination is confirmed.

Mr. HRUSKA. Mr. President, I ask

unanimous consent that the President

be notified of the confirmation of the

nomination.

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.

LEGISLATIVE SESSION

The ACTING PRESIDENT pro tempore. The Senate will return to legislative session.

The Senate resumed the consideration

of legislative business.

SENATE JOINT RESOLUTION 153—

EXTENDING THE FILING DATE OF

THE 1976 JOINT ECONOMIC COMMITTEE REPORT

Mr. MANSFIELD. Mr. President, I send

to the desk a joint resolution and ask for

its immediate consideration. I do so on

behalf of the distinguished Senator from

Wisconsin (Mr. PROXMIRE) .

Mr. President, I offer this resolution at

the request of the White House. It would

permit the President to delay for 6 days

his submission of his 1976 Economic Report as required under the Employment

LOCAL PUBLIC WORKS CAPITAL

DEVELOPMENT AND INVESTMENT

ACT OF 1975—CONFERENCE REPORT

The ACTING PRESIDENT pro tempore. Under the previous order, the Senate will now proceed to the consideration of the conference report on H.R.

5247, which will be stated by title.

The assistant legislative clerk read as

follows:

The committee of conference on the disagreeing votes of the two Houses on the

amendments of the Senate to the bill (H.R.

5247) to authorize a local public works capital development and investment program,

having met, after full and free conference,

have agreed to recommend and do recommend to their respective Houses this report,

signed by a majority of the conferees.

The ACTING PRESIDENT pro tempore. The time on this conference report

is limited to 5 minutes, to be equally divided and controlled by the Senator from

West Virginia (Mr. RANDOLPH) and the

Senator from Tennessee (Mr. BAKER) .

The Senator from West Virginia is

recognized.

Mr. RANDOLPH. Mr. President, the

able Senator from New Mexico (Mr.

MONTOYA) serves as chairman of the

Subcommittee on Economic Development of the Senate Public Works Committee. It is my desire that in the handling of the conference report, the time

be turned to the disposition of the Senator from New Mexico.

The ACTING PRESIDENT pro tempore. The Senator from New Mexico is

recognized.

Mr. BAKER. Will the Senator yield for

a brief moment?