On the recordMay 17, 2016
I rise to follow the eloquent remarks of my colleague from the State of Virginia and to remark upon 62 years--62 years since Brown v. Board was handed down by our Supreme Court; 62 days since Judge Merrick Garland was nominated by our President to fill a vital vacancy on our Nation's highest Court. I wish to thank and commend my colleague, a very able attorney and someone who has argued cases passionately around a wide range of issues but none so much as civil rights. As Senator Kaine rightly pointed out, the history of Brown v. Board is that a series of cases were brought together from across several States--including his State of Virginia and my State of Delaware-- gathered together and argued in front of the Supreme Court by Thurgood Marshall, then chief counsel of the NAACP, and ultimately decided in 1954. Initially, a divided Court was unable to render judgment because in the spring of 1953, Chief Justice Vinson had died, leaving the Court then in a similar situation as it is now--divided on a range of vital and important issues. The good Senator from Virginia has reminded us that our failure to act now--our failure to do our job and to follow the dictates of our Constitution, the ``shall'' language in article II, section 2--the failure of this body to offer any hearing or vote on this very capable circuit court judge sends the wrong message, not just here within this country to our citizens but around the world.…





