Fact Checking The Sunday Shows - April 11, 2010

Fox News Sunday

CLAIM: Sen. Lamar Alexander Wrongly Claimed Empathy Is An "Unusual Standard" For Supreme Court Nominees.

SEN. LAMAR ALEXANDER: The thing to look for is, is the president going to insist on this unusual standard he used as a Senator and has talked about as the President to pick a justice who is on his side.

FACT: Conservative Justices Have Touted Their Sense Of Empathy During Nomination Process.

Justice Clarence Thomas Touted His Ability To "Walk In The Shoes" Of The People Affected By His Decisions.  During his confirmation hearing in 1991, Justice Thomas said: "I believe, Senator, that I can make a contribution, that I can bring something different to the Court, that I can walk in the shoes of the people who are affected by what the Court does." [Thomas Confirmation Hearing via Washington Monthly, accessed 5/29/09; emphasis added]

Justice Samuel Alito Admitted That His Family History Affects How He Makes Decisions On The Bench.  During his confirmation hearing in 2006, Justice Alito said: "...when a case comes before me involving, let's say, someone who is an immigrant -- and we get an awful lot of immigration cases and naturalization cases -- I can't help but think of my own ancestors, because it wasn't that long ago when they were in that position ... When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account." [Alito Confirmation Hearing via Washington Post, accessed 5/29/09; emphasis added]

FACT: Elected Conservatives Have Celebrated Empathy And Compassion In Judicial Nominees.

Conservative Leaders Cited Thomas' Personal Experience, Empathy. Conservatives including President George H.W. Bush and Sen. Kit Bond (R-MO touted Thomas' "empathy," "compassion," and personal experience as qualifications:

• George H. W. Bush Praised Judge Clarence Thomas For His "Great Empathy."During a news conference in which he nominated Judge Clarence Thomas for the U.S. Supreme Court, President George H. W. Bush said of Thomas, " He is a delightful and warm, intelligent person who has great empathy and a wonderful sense of humor." [Bush News Conference via Public Papers of the President, 7/1/91, emphasis added]
• Kit Bond (R-MO) Cited Thomas' "Compassion And Understanding."Bond similarlystated: "Though his skills as a lawyer and a judge are obvious, they are not, in my view, the only reason that this committee should vote to approve Judge Thomas's nomination. Just as important is his compassion and understanding of the impact that the Supreme Court has on the lives of average Americans." [Federal News Service, 9/10/91, via Lexis]

Several Republican Senators Have Cited Compassion As A Qualification For Judicial Confirmation. Several former Republican senators, including Strom Thurmond (SC), Al D'Amato (NY), and Mike DeWine (OH), cited compassion as a qualification for judicial confirmation:

• Sen. Thurmond Repeatedly Highlighted Importance Of "Compassion" In Supreme Court Justices. During the confirmation hearings for Justice Ruth Bader Ginsburg, Sen. Strom Thurmond stated that "compassion" was one of the "special qualifications I believe an individual should possess to serve on the Supreme Court," adding that "[w]hile a nominee must be firm in his or her decisions, they should show mercy when appropriate." Similarly, during the confirmation hearings for Justice Stephen Breyer, Thurmond said "compassion" was among "the special criteria which I believe an individual must possess to serve on the Supreme Court." [Federal News Service, 7/12/94 via Lexis]
• Sen. D'Amato Cited Sotomayor's "Compassion" In Supporting Her Nomination As An Appellate Court Judge. During a 1997 Senate Judiciary Committee hearing on the confirmation of several judicial nominations, Sen. Al D'Amato stated: "I predicted to this committee, almost five years ago, that Judge Sotomayor would be an exemplary, outstanding justice. She has demonstrated that, repeatedly. She has shown compassion, wisdom, one of the great intellects on the court." [Federal News Service, 9/30/97, via Lexis]
• Sen. DeWine Wanted Roberts To "Bring To The Court Your Compassion." During Chief Justice John Roberts' confirmation hearing, Sen. Mike DeWine stated: "We need you to bring to the court your compassion and your understanding for the lives of others who haven't been as successful as you have been." DeWine continued: "We need you to bring to the court your strong commitment to equal justice for all. And we need you to always remember that your decisions will make a real difference in the lives of real people." [Federal News Service, 9/14/05, via Lexis]

FACT: President Obama's Statements On Judicial Nominees Emphasize The Rule Of Law, Not Just Empathy.

Empathy Is Only One Of Many Qualities The President Sought When Replacing Justice Souter Last Year. On May 1, 2009, in a press conference discussing Justice Souter's career and the process of selecting a replacement, President Obama listed a dozen qualities that define his search:

I will seek somebody with a sharp and independent mind and a record of excellence and integrity. I will seek someone who understands that justice isn't about some abstract legal theory or footnote in a case book. It is also about how our laws affect the daily realities of people's lives -- whether they can make a living and care for their families; whether they feel safe in their homes and welcome in their own nation.

I view that quality of empathy, of understanding and identifying with people's hopes and struggles as an essential ingredient for arriving as just decisions and outcomes. I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role. I will seek somebody who shares my respect for constitutional values on which this nation was founded, and who brings a thoughtful understanding of how to apply them in our time. [whitehouse.gov, accessed 4/11/10]

CLAIM: Sen. Lamar Alexander Falsely Claimed The Nuclear Posture Review (NPR) Sets Unambiguous Restrictions On Use Of Nuclear Arsenal.

SEN. LAMAR ALEXANDER: The Nuclear Posture statement that the President put out is troublesome to me. I mean, it takes away the ambiguity about our use of nuclear power [...] I don't think that taking away the ambiguity in our use of nuclear power is going to scare Iran or scare North Korea, I think only resoluteness on the part of the Commander in Chief will do that.

FACT: The NPR Maintains Ambiguity For Use Of Nukes Against Nuclear States That Fail To Comply With Nonproliferation Treaty (NPT).

The Nuclear Posture Review Leaves The Door Open For Nuclear Strikes Against An Aggressor State Not In Compliance With The NPT. The review states that "the United States will not use or threaten to use nuclear weapons against non-nuclear weapons states that are party to the NPT and in compliance with their nuclear non-proliferation obligations." Of all other countries -- including North Korea and Iran -- the NPR states:

In the case of countries not covered by this assurance - states that possess nuclear weapons and states not in compliance with their nuclear non-proliferation obligations - there remains a narrow range of contingencies in which U.S. nuclear weapons may still play a role in deterring a conventional or CBW attack against the United States or its allies and partners. The United States is therefore not prepared at the present time to adopt a universal policy that deterring nuclear attack is the sole purpose of nuclear weapons, but will work to establish conditions under which such a policy could be safely adopted. [defense.gov, accessed 4/11/10, emphasis added]

U.S. Reserves The Right To Adjust This Policy. The Nuclear Posture Review further states, "Given the catastrophic potential of biological weapons and the rapid pace of bio-technology development, the United States reserves the right to make any adjustment in the assurance that may be warranted by the evolution and proliferation of the biological weapons threat and U.S. capacities to counter that threat." [defense.gov, accessed 4/11/10]

CLAIM: Rep. Michele Bachmann Falsely Claimed That The Government "Owns Or Controls" Health Care, Student Loan Industries

REP. MICHELE BACHMANN: We've gone from the United States having 100% of the private economy private to today the federal government effectively owns or controls 51% of the private economy, whether it's the large banks, AIG the largest insurance company, Freddie and Fannie the largest secondary home mortgage companies which now has the federal government owning over half of all private home mortgages, the student loan industry, GM, Chrysler, and now health care -- that's 18% of the economy just in health care.

FACT: THERE IS NO "GOVERNMENT TAKEOVER OF HEALTH CARE"

PolitiFact: Republicans Are "Wrong That Obama's Plan Offers Government-Run Health Care." The "government takeover" myth has been a consistent winner for Republicans, but it was debunked long ago by the nonpartisan PolitiFact.com. Analyzing Sen. Tom Coburn's claim that President Obama's health care reform plan amounted to a government takeover of health care, PolitiFact.com wrote:

[H]e's wrong that Obama's plan offers government-run health care.

In fact, Obama's plan leaves in place the private health care system, but seeks to expand it to the uninsured. It increases eligibility for the poor and children to enroll in initiatives like Medicaid and the State Children's Health Insurance Program, and creates pools for individuals to buy their own cheaper insurance. It also outlines strategies to rein in costs for everyone, such as electronic medical records and preventive care.

[...]

That may be Sen. Coburn's opinion on what could happen, but it's definitely not part of Obama's plan. And Coburn was very specific in saying that "under the Obama plan, all the health care in this country is eventually going to be run by the government." That gives the incorrect impression that Obama is promoting a government-run health care system. He's not. We rate Coburn's statement False. [PolitiFact.com, 3/4/10]

FACT: Student Loans Affected By The Patient Protection And Affordable Care Act Have Always Been Government Originated.

New York Times: Student Aid Changes "Cut Private Banks Out Of What Is Already An Entirely Federalized Program." According to the New York Times, "the 'government takeover' argument may provide [sic] difficult to sustain. The health care bill is projected to direct more than 16 million new customers to private health insurance companies over the next 10 years. And the education changes essentially cut private banks out of what is already an entirely federalized program. The student loans are made using taxpayer money, with repayment almost entirely guaranteed by the federal government. The private banks get paid fees to originate the loans, and then sell them back to the government." [New York Times, 3/30/10]