E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, MONDAY, MAY 7, 2018 No. 73 Senate The Senate met at 3 p.m. and was tarian. That followed service as deputy one of our colleagues to join me in vot- called to order by the President pro legislative counsel for the State of ing to advance Judge Engelhardt’s tempore (Mr. HATCH). California. nomination later this afternoon. f Michael was just 39 years old. He f leaves behind his wife, Gilda, his two TAX REFORM PRAYER beloved sons, Bradley and Connor, his The Chaplain, Dr. Barry C. Black, of- parents, and an extended family that Mr. MCCONNELL. Mr. President, on fered the following prayer: mourns his loss. They are joined by Mi- one final matter, in storefront windows Let us pray. chael’s colleagues here on the Senate across America, new signs are going O Lord, our God, You rule the raging staff, in the Secretary’s office, and up—signs that many communities of the sea. You are the giver of our with the floor staff on both sides of the haven’t seen literally in years. Here is lives, and we belong to You. Sustain aisle and throughout our whole institu- what the signs say: ‘‘Now Hiring.’’ Just our lawmakers with Your everlasting tion. The Senate’s prayers are with all 16 months into the Trump administra- arms. Direct their actions as they seek of Michael’s family and friends at this tion and this Republican Congress, the percentage of American workers who to glorify You. Lord, surround them immensely difficult hour. are unemployed, underemployed, or with Your gracious favor so they may f have given up finding a job is already more fully serve You faithfully. De- NOMINATION OF KURT smaller than it ever was in any of the liver them from discord and disunity ENGELHARDT Obama years. In fact, it hasn’t been through the power of Your prevailing this low since 2001. Let me say that Mr. MCCONNELL. Mr. President, on providence. again. Less unemployment, under- a totally different matter, this week And, Lord, we thank You for the life, employment, and discouragement the Senate will consider another slate contributions, and legacy of our Assist- today than at any point in the last 17 of extremely well-qualified nominees ant Parliamentarian, Michael Phillip years. Or we can look at how many for seats on the Federal bench. A Beaver. Sustain his loved ones and Americans are receiving unemploy- friends during this season of grief. thoughtful, independent, and expert ju- ment benefits. The answer is this: We pray in Your merciful Name. diciary is a cornerstone of our con- fewer today than at any time since— Amen. stitutional order. It has been the case listen to this—1973. f since the very beginning of our coun- We all know that these economic in- try. dicators can be noisy, but the big over- PLEDGE OF ALLEGIANCE Accordingly, the six circuit court all shift from the Obama era is impos- The President pro tempore led the nominees we will now consider have ex- sible to deny. Republican policies have Pledge of Allegiance, as follows: cellent reputations in the legal field taken Washington’s foot off the brake I pledge allegiance to the Flag of the and have demonstrated they under- of the U.S. economy. We have rolled United States of America, and to the Repub- stand the proper role of Federal judges back a host of job-killing regulations. lic for which it stands, one nation under God, in our government. We have passed historic tax reform for indivisible, with liberty and justice for all. First up is Kurt Engelhardt, of Lou- middle-class families and job creators. f isiana, the President’s choice to serve These Republican policies have helped on the Fifth Circuit Court of Appeals. to unleash a dynamic, growing econ- RECOGNITION OF THE MAJORITY The Senate previously confirmed Judge omy that is producing many more new LEADER Engelhardt by voice vote to the Fed- jobs. It is putting the stagnation of the The PRESIDING OFFICER (Mr. eral trial bench in the Eastern District last decade literally to shame. That BLUNT). The majority leader is recog- of Louisiana. Since then, he has only means sidelined workers get the chance nized. strengthened his reputation for fair- to check back into the game. It means f ness and thoughtfulness. renewal is coming to so many small In the latest edition of the Almanac towns, small cities, and rural areas REMEMBERING MICHAEL BEAVER of the Federal Judiciary, his legal that had to sit and watch as Demo- Mr. MCCONNELL. Mr. President, I peers describe him as ‘‘very conscien- cratic policies funneled nearly all of wish to pay respects to a member of tious’’ and ‘‘fair and independent mind- the new wealth and new jobs into our the Senate family who tragically ed.’’ The American Bar Association Nation’s biggest and bluest urban passed away last week. Michael Beaver agrees. It awarded Judge Engelhardt areas. It means higher wages, as local was a talented attorney who served as its highest possible rating of ‘‘unani- businesses are forced to compete again the Senate’s Assistant Parliamen- mously well qualified.’’ I urge every for the best workers.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 00:35 May 08, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07MY6.000 S07MYPT1 S2506 CONGRESSIONAL RECORD — SENATE May 7, 2018 I recently read about a man named the words of Scripture, ‘‘Blessed are On Wednesday of this week, the Judi- Chandler Steffy. He owns a roofing those who mourn, for they shall be ciary Committee will hold a hearing on company in Iowa. Three years ago, in comforted.’’ Ryan Bounds. He is also a nominee for the Obama economy, his laborers f a circuit court, this one the Ninth Cir- earned less than $15 an hour. Today is cuit in Oregon. He has not received a JUDICIAL NOMINATIONS a different story. The unemployment blue slip from either Senator WYDEN or rate in Iowa is under 3 percent, and Mr. Mr. SCHUMER. Mr. President, on an- Senator MERKLEY. This will be the first Steffy pays $25 per hour to attract the other matter, as the Senate returns to time the Judiciary Chairman has al- best talent. American small businesses work after the recess, we are scheduled lowed a nominee who lacks the support are doing well and outbidding each to process six circuit court judges over of both home State Senators to pro- other for American workers. It feels the next few weeks. Some of these ceed, and it will be the third time this good; doesn’t it? judges are noncontroversial and have Congress that Chairman GRASSLEY— After 10 years of Democratic policies, received support from their home State who showed himself to be a statesman this had practically become a foreign Democratic Senators, and we will work when he moved the bipartisan bill on concept. Not anymore—it is a new day. with the majority to confirm them. the special counsel last week, but in There is more business for job creators, But Michael Brennan, second in line this case, there is no statesmanship which means good jobs that need fill- this week, will receive a cloture vote showing—has ignored the century-old ing, which leads to higher pay for on the floor of the Senate even though blue-slip tradition. workers. This is happening all over our one of his home State Senators, Ms. When Democrats held the majority, country. BALDWIN, has not returned a blue slip we respected the blue-slip tradition, Rich Obermark owns a small con- for his nomination. not because it was some esoteric cus- tracting business in Paducah, KY. When hearing the facts, they are ap- tom but because blue slips are a way to They retrofit electrical systems, A/V palling—not just his ideology, although force consultation and consensus on ju- equipment, and gas piping. He wrote Mr. Brennan is a very conservative dicial nominees. You don’t get many me to explain: ‘‘For our small com- nominee who failed to earn the rec- nominees with a blue slip, far right or pany, the tax cuts will mean [we’ll] be ommendation of a functioning bipar- far left. Those judges tend to want to able to afford more trucks and tools.’’ tisan commission that was set up by make the law, not interpret it. We Tax reform, he said, ‘‘will allow us to both Senator BALDWIN, a Democrat, want all our nominees, whether they invest back into our company, which and Senator JOHNSON, a Republican, to are nominated by a Republican or will in turn allow us to hire more peo- recommend Federal judicial nominees. Democratic President, to be qualified ple.’’ That is how people want us to do and to have demonstrated excellence in There is more business, more invest- things, in a bipartisan way. I was able their careers. Blue slips were a way to ment, more job openings, and higher to work out judge nominations in a bi- encourage the Senate to come together pay for workers as a consequence. partisan way in the Senate when we around qualified nominees. I assume After 8 years of Democratic policies, had a Republican President, a Repub- that is why 41 Republican Senators a this sure is a sight for sore eyes, and lican Governor, but that was overrun. few years back, in 2009, wrote to Presi- this is only the beginning. These are This is now the second time that Chair- dent Obama to say that ‘‘we, as a Con- only the early returns from Repub- man GRASSLEY has ignored the blue- ference, expect [senatorial courtesy to licans’ pro-opportunity, pro-worker slip tradition in this Congress, but the the blue slip tradition] to be observed, agenda. part that really burns me and I think even-handedly and regardless of party I suggest the absence of a quorum. many others who are fair-minded in affiliation.’’ The PRESIDING OFFICER. The the Senate and this country is the fact Let me read that again. This is what clerk will call the roll. that the seat that Mr. Brennan would Senator MCCONNELL and Senator The legislative clerk proceeded to fill on the Seventh Circuit was held GRASSLEY signed: ‘‘[W]e, as a Con- call the roll. open for 6 years—6 years—via blue ference, expect [senatorial courtesy to Mr. SCHUMER. Mr. President, I ask slips. Senator JOHNSON did not turn in the blue slip tradition] to be observed, unanimous consent that the order for a blue slip, and the seat stayed vacant. even-handedly and regardless of party the quorum call be rescinded. Now that we have a Republican affiliation.’’ The PRESIDING OFFICER. Without President, Senator BALDWIN’s blue slip Majority Leader MCCONNELL and objection, it is so ordered. is being ignored. What a double stand- Chairman GRASSLEY both signed that f ard; what hypocrisy. When people ask letter. Today they are singing a dif- whether we are being obstructionist, ferent tune. So while we want to work RECOGNITION OF THE MINORITY let the shoe fit as to what happened to with our Republican colleagues to con- LEADER this seat on the Seventh Circuit. It was firm nominees expeditiously, we are The PRESIDING OFFICER. The historic obstruction, yet Senator very disappointed in the way they have Democratic leader is recognized. LEAHY faithfully observed the blue-slip trampled the blue-slip tradition. f tradition and kept the circuit seat va- When my colleagues come to me and cant for 6 years. say: What about comity and what REMEMBERING MICHAEL BEAVER Listen to this. During those 6 years, about working together? It goes both Mr. SCHUMER. Mr. President, we re- none other than Mr. Brennan himself, ways. It goes both ways. This is appall- cently received some terribly bad news. the nominee, wrote an op-ed defending ing. It is unfair, it is wrong, and it is Michael Beaver, the Assistant Parlia- Senator JOHNSON’s right to refuse to another degradation of how the Senate mentarian of the Senate, passed away return a blue slip to the Seventh Cir- has always functioned. unexpectedly last week. His death at cuit vacancy. Of course, irony of iro- f the young age of 39 is shocking in its nies, it is now Mr. Brennan who is up suddenness and tragic for the family, for confirmation over the objection of HEALTHCARE friends, and coworkers he left behind. one of his home State Senators. Where Mr. SCHUMER. Mr. President, on the Michael was incredibly bright, is the defense of senatorial courtesy subject of healthcare, last week, insur- unfailingly honest, had a quick wit and today? ance companies in the State of Vir- a dry sense of humor. I know that as an Making matters worse is the fact ginia announced that health insurance Assistant Parliamentarian he was a that the far right is pushing very con- premiums would be much higher this member of a small but crucial team of servative nominees, way out of the coming year. More than 100,000 Vir- behind-the-scenes staffers without mainstream, and the pressure on my ginians who rely on these plans are whom the Senate couldn’t function. friend—and he is my friend, the Repub- staring at a proposed 2019 premium Our thoughts are with his family lican leader—to ignore all of the tradi- that will be 15 percent or 27 percent or today, especially his wife, Gilda, and tions, the blue slip above all, and cre- 64 percent higher, depending on which his two young boys, who will remember ate this double standard is really gall- insurer they use. In filing their rates, him as a loving and devoted father. In ing. the health insurers are pointing to the

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