On the recordJuly 31, 2002
I regret that I will be opposing Judge Smith's nomination. I regret that this nomination has become a lightning rod for so many. Let me state at the outset that I disagree very strongly with Judge Smith's rulings on a number of cases. I find serious fault with his stated comments on the Violence Against Women Act. In a 1993 speech, Judge Smith told the Federalist Society that he viewed VAWA as unconstitutional. The text of those remarks read in part ``There is no legitimate constitutional source for this new-found `civil right' to be free from physical violence.'' I cannot overstate my objections to his callous view of domestic violence. I understand that Judge Smith has received the American Bar Association's rating of ``well qualified.'' I also understand that Judge Smith has strong support across the political spectrum in western Pennsylvania, his home. We have heard his friends in the Senate point out that he is a respectful, friendly and unbiased judge. These are important qualifications, and I do not doubt them. However, we must look beyond such qualifications when considering a nomination of this importance. It is critically important that a judge on a Circuit Court of Appeals, the court of last resort for the vast majority of cases, have an ethically spotless record.
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