Senate hearing notes (Statements from Senators Hatch and Mathias)
Working File
January 1, 1982
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Case Files, Thornburg v. Gingles Working Files - Guinier. Senate hearing notes (Statements from Senators Hatch and Mathias), 1982. 6143fa65-dc92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/4bb78ee2-38aa-4f26-a1ad-3c8efba7be52/senate-hearing-notes-statements-from-senators-hatch-and-mathias. Accessed November 23, 2025.
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• Senator HATCH. Would the Senator yield~ I am going to vote
J}gainst his amendment, but I would like to observe that the chairman
/"of the Department of Government at the University of Virginia, Pro
fessor Abraham, had this to say during the hearings: "Only those
who live in a dream WQrld can fail to perceive the basic thrust and
purpose and inevitable result of new section 2." I submit that this
"compromise" section 2 is not going to be any different in result or
effect, to use some terms that have been batted around. "It is to e.s
tablish a pattern of proportional representation now based upon
race. Perhaps at a later moment in time, upon gender or religion or
WJ>tionality."
....,- So I am going to vote against this amendment because I disagree
with the present section 2, not primarily this amendment. •
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• Senator MATHIAS. You~want the prevailing side to draft, the initial
The CHAIRMAN. The prevailing side wil~ dr:;t t e m1 ,la. repor ·
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report~ . ft h · •t· 1 t I
am going to ask the chairman of the Constltu~wn Subcommittee, who
handled the bill all the way through, to submit the report to the ~en
ate. I want to ask you to do that and act as floor manager of th~ bill;
Senator DoLE. Mr. Chairman, since it was a substitute which,. m
effect, was adopted by a vote of 14 to 4, which is really the same thmg
\ we just had, which was 19 to 1, I would hope that tl~ose of u~-be
cause there were four people, including the subcommittee chairman
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who, voted against the substitute-if those of us who offered the sub
stitute will have an opportunity to have some input into the report.
The CHAIRMAN. Absolutely.
Senator KENNEDY. Can you clarify that~
The CHAIRMAN. All of those who voted for the bill on the prevailing
side will haveinput into the report.
Senator DoLE. We do not want the report dictated by somebody
who really opposes it.
The CHAIRMAN. That will not be the case.
Senator MATHIAS. Can we submit a draft~ It seems to me that
those of us who were working for the compromise could submit a
draft, at least the beginning.
Senator HATCH. Mr. Chairman, we will straighten that out. I sup
port the bill. I did not support the Dole amendment. We will
straighten that out and it will be fairly described in the report.
The CHAIRMAN. I do not think there will be any trouble. Senator
Hatch is very fair. He has worked hard all the way through. _ __.,;
~nator DoLE. I want to make certain they understand we wanrto
work together. '
Senator HATCH. We will work together. • ---