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Floor Statements

Floor Statement on Hinchey Amendment to the Science, State, Justice, Commerce and Related Agencies Appropriations Act of 2007

Mr. Chairman, I appreciate the gentleman yielding.


I would simply like to point out that this amendment differs fundamentally from the Sodrel amendment that we heard a few minutes ago. The Sodrel amendment is subject to the disparaging comments that the gentleman from Virginia just made, because the Sodrel amendment does say no funds herein appropriated shall be used to enforce the court decision in a certain case and says we are not going to enforce a court decision.


The Hinchey amendment doesn't do that. Nor does the Hinchey amendment, contrary to what we heard from the distinguished chairman, overturn a Supreme Court decision. The Supreme Court decision in this case said you may do something. You may execute a search warrant without knocking. What this amendment says is, because we may doesn't mean we should.


So what the gentleman's amendment is saying is, despite the fact that the Supreme Court gave us permission to do this, we will deny funding to do this because we don't think it is right. So the gentleman's amendment is not overturning an Supreme Court decision. It is saying, thank you for the permission; we choose not to exercise the permission you gave us.


It is very different from the Sodrel amendment, which says do not enforce the court order. Do not spend any money enforcing the court order. That is subversive of the Constitution. That is subversive of a liberty.


Mr. Hinchey's amendment, whether you agree with it or not, does not subvert the court order, does not subvert what the court said, and simply says, what you gave us permission to do, we choose not to do.

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