Brief for Appellee
Public Court Documents
February 1, 1985

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Case Files, Thornburg v. Gingles Working Files - Guinier. Congressional Record S6903-S6904, 1982. 272c3276-e292-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/44bb8f48-ab8a-4392-80ec-f395bb15948e/congressional-record-s6903-s6904. Accessed April 06, 2025.
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S 6904 your dinner here and to invite your wives and your friends, if that is your desire, because I expect we will be in session far beyond the dinner hour. The Secretary of the Senate and the Sergeant at Arms should take account of the fact the leadership intends to try very hard now to complete this measure. Mr. President, we will be in session tomorrow, Friday. We will have votes on tomorrow unless the Voting Rights Act bill can be finished. It does not now appear that we will be able to finish it tonight. although I am will- ing, I would like to do that. But if- we do not we will be on the bill tomorrow and have votes on it tomorrow. Mr. President, with that array of ob- servations, comments. innuendos. and. some may say. veiled threats, I have no more good news to impart to the Senate, and I will reserve the remain- der of my time. , Mr. CHILES. Mr. President, if the leader will yield, he would not have any guess as to how long we would be in tomorrow? Mr. BAKER. No: I would not. I will say to my friend from Florida that I hope we can finish at a reasonable hour tomorrow. But it is urgently nec- essary that we finish this bill and then Just as urgently necessary that we con- sider the urgent supplemental approo priations bill conference report. 80 matters are piling up on us and Mem- bers should know, by the way—and I thank the Senator for bringing this point up—that I wish to dispel any rumor that may have grown that the leadership will not call up the urgent supplemental conference report. While it is true the administration does not support it. I deem it my duty to bring it up, and I am going to bring it up as soon as I can reach it. But that will be after we finish this Voting Rights Act, unless agreement can be reached otherwise. I thank the Sena- tor for his comments. Mr. President, will the Senator from Mississippi withhold for a moment? I understand the Senator from Maine has a requirement for additional time. I ask unanimous consent that I may yield the time allocated to me remain- ing under the standing order to the control of the distinguished Senator from Maine. I further ask unanimous consent. Mr. President, since I see three of the special order recipients on the floor, that the order of the execution of the special orders may be determined ac- cording to their desires and wishes as announced from time to time. Mr. STENNIS. Mr. President, will the Senator yield at that point? How much time is the Senator referring to in connection with the delay— Mr. BAKER. It would not be a delay. It would be added to the time of special orflers, I will say to my friend from Mississippi. Mr. STENNIS. I have no objection, of course. CONGRESSIONAL RECORD — SENATE Mr. BAKER. Mr. President, was the request granted. may I inquire of the Chair. The PRESIDING OFFICER (Mr. Boscrrwr'rz). Without objection. it is so ordered. RECOGNITION OF THE MINORITY LEADER The PRESIDING OFFICER. The minority leader is recognized. RECIPROCAL TRADE BILL Mr. ROBERT C. BYRD. Mr. Presi- dent, after months of negotiation be- tween the Senate Finance Committee and the administration, the compro- mise trade legislation approved by the committee on June 16 is a nonstarter. As Senator Lose. the ranking demo- cratic member has observed. this bill is not likely to have any effect whatso- ever on the unfair trade barriers the Japanese have erected to our exports because they know that “this gun isn't loaded." The bill does nothing more than add to the already totally discre- tionary authority of the President to deal with unfair trade practices. It sends a completely inappropriate signal to the Japanese and the Euro- pean countries whose subsidized ex- ports compete unfairly in our markets while theirs are closed to our products. It tells them that they have nothing to fear from the United States and that they do not have to go any far- ther than they have already gone in making some minor concessions on ex- isting barriers to our products. I have introduced legislation that addresses this problem squarely, the Fair Trade Act of 1982. which man- dates Presidential action against the unfair trade practices of other coun- tries unless they cease these practices within a specified period of time. The Finance Committee‘s bill extends Presidential authority to negotiate with other countries but it suffers from the same weakness the existing Trade Act of 1974 does: It does not re quire anything and permits the Presi- dent to determine what, if any. action is appropriate to enforce our rights under trade agreements and to respond to other countries' unfair trading prac- tices. The record of strong executive branch initiative with existing au- thorities is disappointing, to say the least. This extension of nonmandatory authority, while it is replete with ad- mirable references to solving our trade problems, requires absolutely nothing but an annual study of these prob- lems. My bill requires an annual study of unfair trade practices by the US. Trade Representative. recommenda- tions for retaliatory action by the Pres- dent. who must send the report and the recommendations to the Congress. and congressional action mandating specific measures against offending countries unless they cease their prac- June 17, 1.982 tices within 60 days of enactment of that congressional action. The approach of my bill does not sidestep any of the issues. It requires positive action if negotiations with other countries fail. Unfortunately, the bill the Finance Committee ap- proved today satisfies no one but the administration. When this bill comes to the Senate floor, I may offer my own bill. S. 2603. as a substitute which will put some teeth into our trade legislation and . give us some real weapons to use to end our disadvantages in trading with Japan and Western Europe. Mr. ROBERT C BYRD. Mr. Presi- dent, I yield 2 minutes to the Senator from Wisconsin (Mr. PROXMIRE). COMPARISON OF STATES AND SOVIET STRATE- GIC NUCLEAR FORCES Mr. PROXMIRE. Mr. President. I continue providing information for the Senate from the report prepared by the staff of the Carnegie Panel on US. Security and the Future of Arms Con- trol. Yesterday I provided the study's conclusions—in part—on a comparison of the weapons on both sides. This comparison is critical because the ad- ministration has argued that an effec- tive freeze of nuclear weapons must await the achievement of parity or equality of weapons. This study ad- dresses precisely that comparison. Yesterday I discussed the comparison of ICBM strength on both sides. Today, I bring a part of the study that deals with other strategic weapons, in- cluding submarines. bombers, and so forth. Later I will deal with the study’s conclusion on the comparisons. With respect to the other two legs of the Triad submarines and bombers, the Carnegie report finds: The Soviet force of strategic submarines is large, and improving all the time but gener- ally is still not equal to its US. counterpart. Only a small portion of the force is de- ployed at any one time. perhaps 15 percent to 20 percent, as compared to more than 50 percent of the US. force. This lower rate of submarines in patrol may in part reflect Soviet problems with maintaining and serv- icing them at sea, particularly with respect to their nuclear reactors. Most important. Soviet submarines are considerably noisier than their U.S. counterparts and thus more vulnerable to detection and attack. The So- viets are modernizing their submarine force and will no doubt overcome many of these problems in the future; but even so. there is little evidence of progress in lowering the noise levels of the submarines. Soviet sub- marine-launched missiles (SLBMS). howev- er. are of very high quality, and some are equal to US. SLBM'S. The Soviet long-range bomber force cur- rently consists of about 140 aircraft that are about 25 years old. very few. if any, of which are maintained on alert. Some ana- lysts view the newer Backfire bomber as a strategic weapon system. But it seems clear that whatever long-range capabilities it might have are marginal. and that the Sovi» ets designed Backfire principally for mis- sions against targets in Europe and China and as a naval bomber. UNITED " ,......~“.-\.w i W “rm“..- The Senate met at 9:15 a.m., on the expiration of the recess, and was called to order by the President pro tempore (Mr. THURMOND). The PRESIDENT pro tempore. The opening prayer will be delivered by Father M. Ronald Chrisner, chaplain of Queen Anne School, Upper Marl- boro. Md. Father Chrisner is the guest of Sen- ator Marinas and friend of page John Crupi. Father Chrisner. PRAYER Let us pray. Almighty God, knowing that You have blessed us with this land and an even greater heritage. we humbly pray for the knowledge and patience to prove ourselves worthy of such a bless- ing. Often Lord. no matter what our secular or sacred loyalties may be. we find, in moments of trial and struggle. that we are all praying to the same God; for the same reasons; for the same results. At those times, 0 Lord. grant us the wisdom and courage to rise above personal prejudices and ma- terial security. Help us to avoid pray. ing for success. and peace, on our terms only. Grant us the understand- ing to view compassion, not as a weak- ness from without, but rather as a tender strength from within. Instill in us that compassion which allows us to be firm in our responsibility to do all we can to estath a just and lasting peace among all nations. Let that peace begin today. in this Hall, in this body. in this heart. Amen. RECOGNITION OF THE MAJORITY LEADER The PRESIDENT pro tempore. The majority leader is recognized. Mr. BAKER. I thank the Chair. THE JOURNAL Mr. BAKER. Mr. President, I ask unanimous consent that the Journal of the proceedings of the Senate be approved to date. The PRESIDENT pro tempore. Without objection, it is so ordered. ORDER OF PROCEDURE Mr. BAKER. Mr. President, there special orders for today? The PRESIDENT pro tempore. The leader is correct. are Senate THURSDAY, JUNE 17. 1982 (Legislative day of Tuesday, June 8, 1982) Mr. BAKER. Will the Chair please state them for the Senate? The PRESIDENT pro tempore. There are special orders for Senator CHle of 15 minutes. Senator STENNIS of 15 minutes. Senator COHEN of 15 minutes. and Senator SrscrER of 15 minutes. Mr. BAKER. I thank the Chair. Mr. President. is there an order for the transaction of routine morning business? The PRESIDENT pro tempore. There is no order. ORDER FOR PERIOD FOR TRANSACTION OP MORNING BUSINESS Mr. BAKER. Mr. President. I ask unanimous consent that after the rec ognition of the two leaders under the standing order and the execution of the special orders. there be a brief period for the transaction of routine morning business to extend not past 10:45 am. in which Senators may speak for not more than 5 minutes each. The PRESIDENT pro tempore. Without objection. it is so ordered. Mr. BAKER. Mr. President, I under— stand for the convenience of Senators who are assigned special orders this morning there is a wish to reverse the orders for Senators Cmms and STEN- ms. I inquire of the Senator from Missis- sippi, the acting minority leader, if that is the case. Mr. STENNIS. I am entirely willing to do that. Mr. BAKER. I thank the Senator. SEQUENCE OF SPECIAL ORDERS Mr. President. I ask unanimous con- sent that the orders be changed to read Senators STENNIS. CHILES, COHEN. and SPECTER. The PRESIDENT pro tempore. Without objection. it is so ordered. ORDER RESERVING LEADERSHIP TIME Mr. BAKER. Mr. President. I ask unanimous consent that all or any portion of the time provided for under the standing order to the two leaders not utilized by the distinguished acting minority leader or by the ma- jority leader be reserved for their utili- zation later during the course of this day. The PRESIDENT pro tempore. Without objection, it is so ordered. VOTING RIGHTS ACT AMENDMENTS OF 1982 Mr. BAKER. Mr. President. after the expiration of the time just pro- vided for the transaction of routine morning business the Senate will resume consideration of the motion to proceed to the consideration of S. 1992 under the provisions of rule XXII. clo- ture having been invoked. It is the intention of the leadership. Mr. President, to try to complete debate on that measure today. I think we have given adequate time. even a generous amount of time. to those on both sides of this issue to debate the merits of the motion, and it is time now to get to the matter at hand. I hope we can do that. and I urge Senators to consider it is time to get on with the matter at hand. It is my urgent desire that we get this matter up and before the Senate sometime during the course of this day. - I will reiterate what I have said before. I have nothing but the highest regard for Members on both sides of this issue. I support this bill. I support the concept. as I always have. I recognize that the distinguished Senator from North Carolina and others have strong-points of disagree- ment on the bill as reported and. per— haps, will offer amendments. The amendments I have seen are not frivo- lous amendments. They are serious and worthy of the consideration of the Senate and. therefore, the leadership will give them a reasonable opportuni- ty to present them. But at some point the Senate must work its will. So it is my hope that all Senators will take account of the fact that we have been now 3 full days on the motion to consider, 3 full days this week, and that we have been 2 full days after the invoking of cloture. It is time then to get on with the business at hand. So I hope we can ar- range to proceed early to the consider- ation of the motion itself to have the matter up during the course of this calendar day. As 1 indicated on Monday. we will try very hard to reestablish the sched- ule of hours and activities of the Senate which had been, for a time. to conclude the daily activity of the Senate at some time or shortly after 6 p.m. except on Thursdays. We have abided by that this week. But Senators should now take account of the fact that today is Thursday. and they should expect to be in very late if it is necessary in order to get on this bill and. if necessary. to complete this bill. So you should be prepared to have -P I O This “bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. S 6903