Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION

Vol. 166 WASHINGTON, SUNDAY, OCTOBER 25, 2020 No. 184 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, October 27, 2020, at 10 a.m. Senate SUNDAY, OCTOBER 25, 2020

(Legislative day of Monday, October 19, 2020)

The Senate met at 12 noon, on the ex- of Indiana, to be an Associate Justice CLOTURE MOTION piration of the recess, and was called to of the Supreme Court of the United We, the undersigned Senators, in accord- order by the President pro tempore States. ance with the provisions of rule XXII of the (Mr. GRASSLEY). RECOGNITION OF THE MINORITY LEADER Standing Rules of the Senate, do hereby The PRESIDING OFFICER (Ms. move to bring to a close debate on the nomi- f nation of Amy Coney Barrett, of Indiana, to ERNST). The Democratic leader is rec- PRAYER be an Associate Justice of the Supreme ognized. Court of the United States. The Chaplain, Dr. Barry C. Black, of- QUORUM CALL Mitch McConnell, John Thune, Joni fered the following prayer: Mr. SCHUMER. I suggest the absence Ernst, Cindy Hyde-Smith, Marsha Let us pray. of a quorum. Blackburn, Roy Blunt, Shelley Moore Sovereign Lord of the Universe, we The PRESIDING OFFICER. The Capito, Roger F. Wicker, Lindsey Gra- pray for our Senators. Use them for clerk will call the roll. ham, David Perdue, Chuck Grassley, Your glory, providing them with wis- James M. Inhofe, Tom Cotton, John The senior assistant legislative clerk Hoeven, Mike Crapo, Richard Burr, dom to live with the integrity that proceeded to call the roll and the fol- Lamar Alexander, Ben Sasse. brings stability to nations. Through lowing Senators entered the Chamber QUORUM CALL their work, enable us to live peaceful, and answered their names: quiet, Godly, and dignified lives, grow- [Quorum No. 3] The PRESIDING OFFICER. Pursuant ing in grace and in a knowledge of You. to rule XXII, the Chair now directs the Alexander Fischer Perdue Lord, inspire our lawmakers in every Barrasso Gardner Portman clerk to call the roll to ascertain the situation to seek to glorify You, doing Blackburn Graham Risch presence of a quorum. justly, loving mercy, and walking hum- Blunt Grassley Roberts The senior assistant legislative clerk Boozman Hawley Romney bly on the path You have chosen. Keep Braun Hoeven Rounds called the quorum. us all in the circle of Your unfolding Burr Hyde-Smith Rubio [Quorum No. 4] providence, enabling us to find the Capito Inhofe Sasse Alexander Fischer Perdue light in doing Your will. Cassidy Johnson Schumer Collins Kennedy Scott (FL) Barrasso Gardner Portman We pray in Your Holy Name. Amen. Cornyn Lankford Scott (SC) Blackburn Graham Risch Blunt Grassley Roberts f Cotton Lee Shelby Cramer Loeffler Sullivan Boozman Hawley Romney PLEDGE OF ALLEGIANCE Crapo McConnell Thune Braun Hoeven Rounds Cruz McSally Tillis Burr Hyde-Smith Rubio The President pro tempore led the Daines Moran Toomey Capito Inhofe Sasse Pledge of Allegiance, as follows: Enzi Murkowski Wicker Cassidy Johnson Schumer Ernst Paul Young Collins Kennedy Scott (FL) I pledge allegiance to the Flag of the Cornyn Lankford Scott (SC) United States of America, and to the Repub- The PRESIDING OFFICER (Mrs. Cotton Lee Shelby lic for which it stands, one nation under God, FISCHER). A quorum is present. Cramer Loeffler Sullivan indivisible, with liberty and justice for all. Crapo McConnell Thune CLOTURE MOTION Cruz McSally Tillis f The PRESIDING OFFICER. Pursuant Daines Moran Toomey to rule XXII, the Chair lays before the Enzi Murkowski Wicker EXECUTIVE CALENDAR—Continued Senate the pending cloture motion, Ernst Paul Young The Senate resumed consideration of which the clerk will state. The PRESIDING OFFICER. A the nomination of Amy Coney Barrett, The legislative clerk read as follows: quorum is present.

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

S6449

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A25OC6.000 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6450 CONGRESSIONAL RECORD — SENATE October 25, 2020 The question is, Is it the sense of the Judge Amy Coney Barrett of the U.S. Three years ago, more than 70 fellow Senate that debate on the nomination Court of Appeals for the Seventh Cir- scholars wrote the Senate, calling her of Amy Coney Barrett, of Indiana, to cuit is a stellar nominee in every single scholarship ‘‘careful,’’ ‘‘rigorous [and] be an Associate Justice of the Supreme respect. Her intellectual brilliance is fair-minded.’’ They said her ‘‘personal Court of the United States, shall be unquestioned. Her command of the law integrity’’ earns wide respect. brought to a close? is remarkable. Her integrity is above Listen to this. Every one of the Su- The yeas and nays are mandatory reproach. preme Court alumni who clerked under the rule. First, as an award-winning academic alongside Judge Barrett wrote us to The clerk will call the roll. and then as a circuit judge, she has share their ‘‘unanimous’’ view that she The legislative clerk called the roll. worked her way up to the pinnacle of is a ‘‘woman of remarkable intellect Mr. DURBIN. I announce that the the law. and character.’’ That means, col- Senator from California (Ms. HARRIS) is But just as importantly, Judge Bar- leagues, those were the clerks to Gins- necessarily absent. rett has displayed zero willingness to burg and the clerks to Breyer as well— The PRESIDING OFFICER. Are there impose personal views or clumsily all of them, without exception. any other Senators in the Chamber de- craft new policy with her gavel. She How did that clerkship come about? siring to vote? has demonstrated the judicial humil- It came about, by the way, after one of The yeas and nays resulted—yeas 51, ity, the neutrality, and the commit- her professors, who is now a university nays 48, as follows: ment to our written Constitution that president, wrote Justice Scalia with [Rollcall Vote No. 222 Ex.] are essential for this office. one sentence: ‘‘Amy Coney Barrett is YEAS—51 By now, as tends to happen by the the best student I ever had.’’ end of these processes, the Senate But before she clerked for the Su- Alexander Fischer Perdue Barrasso Gardner Portman knows Judge Barrett very well. Sen- preme Court, she clerked for Laurence Blackburn Graham Risch ators saw the Judiciary Committee put Silberman over on the DC Circuit, who, Blunt Grassley Roberts the nominee through her paces with by his own admission, is an Ivy League Boozman Hawley Romney Braun Hoeven Rounds days of exhaustive questioning. We snob. He got a call one day from a pro- Burr Hyde-Smith Rubio have been able to study nearly 100 fessor at Notre Dame, and he said: ‘‘I Capito Inhofe Sasse opinions she has issued in 3 years on know you only take clerks from mostly Cassidy Johnson Scott (FL) the Federal bench. We have had an- Harvard and Yale, but this is the best Cornyn Kennedy Scott (SC) Cotton Lankford Shelby other opportunity to examine the 15 student I ever had at Notre Dame.’’ So Cramer Lee Sullivan years of scholarly writings that most this Ivy League snob decided to take a Crapo Loeffler Thune of us reviewed 3 years ago when Judge chance on somebody who didn’t go to Cruz McConnell Tillis Daines McSally Toomey Barrett won bipartisan confirmation to Harvard or Yale. That was Amy Coney Enzi Moran Wicker her current job. And we have been del- Barrett. And then he called his good Ernst Paul Young uged by personal testimonies from friend Nino Scalia and said: ‘‘Goodness, NAYS—48 every corner of Judge Barrett’s career gracious, you don’t want to miss this Baldwin Hassan Reed and life to confirm just what a remark- opportunity to have this clerk.’’ Bennet Heinrich Rosen able person this nominee is. So we have here a uniquely qualified Blumenthal Hirono Sanders One of Judge Barrett’s former col- person, and the best evidence of it is Booker Jones Schatz leagues at Notre Dame is a leading ex- you don’t hear anything over there Brown Kaine Schumer Cantwell King Shaheen pert in comparative constitutional law. about her qualifications; not a peep Cardin Klobuchar Sinema That means he studies the courts and about her talent, her intellect. We Carper Leahy Smith constitutions of countries all around have, colleagues, the perfect nominee Casey Manchin Stabenow the world. He meets judges from across Collins Markey Tester for the Supreme Court. Coons Menendez Udall the planet. A few weeks ago, Harvard Law Pro- Cortez Masto Merkley Van Hollen Here is what this expert says about fessor Noah Feldman, who leans left, Duckworth Murkowski Warner his colleague: ‘‘I have had very many wrote that Judge Barrett is ‘‘a bril- Durbin Murphy Warren Feinstein Murray Whitehouse occasions to meet, observe, and work liant and conscientious lawyer who Gillibrand Peters Wyden with high court judges from all over will analyze and decide cases in good the world, from Argentina to Austria, NOT VOTING—1 faith.’’ He said she ‘‘meets and ex- from South Africa to South Korea . . . ceeds’’ the ‘‘basic criteria for being a Harris [and] I can say with great certainty good Justice.’’ The PRESIDING OFFICER. On this that Judge Barrett stands out, on a par So, as I was saying, no matter all the vote, the yeas are 51, the nays are 48. in her abilities with the most distin- acrimony that has swirled around the The motion is agreed to. guished’’ of them all. He goes on to say process, nobody has attempted to dis- The majority leader. her legal work is ‘‘as erudite as it [is] pute Judge Barrett’s qualifications. To NOMINATION OF AMY CONEY BARRETT clear and accessible,’’ and ‘‘as honest the contrary, no one can help being im- Mr. MCCONNELL. Madam President, and fair-minded . . . as anyone could pressed. let me begin this afternoon with the aspire to, with not a hint of personal At one point during Judge Barrett’s following quote: bias.’’ hearing, she was asked about an arcane [F]ew men in . . . society . . . will have Now, most of us would be thrilled to legal doctrine. Her answer was so clear sufficient skill in the laws to qualify them receive such praise once or twice in an and so accessible that one of our Demo- for the stations of judges. And . . . the num- entire career—in an entire career—but cratic colleagues—I won’t name him; I ber must still be still smaller of those who Judge Barrett seems to provoke this don’t want to get him in trouble—had unite the requisite integrity with the req- reaction in absolutely everyone. The to remark: ‘‘That’s quite a definition. uisite knowledge. highest professional compliments seem I’m really impressed.’’ Well, so are the That was Alexander Hamilton in Fed- to be the default reaction of anybody American people. eralist 78. who crosses her path, anybody who Some opponents of this nomination The Framers knew the independent comes into contact with her. come right out and say ‘‘It is not about judiciary would be a crucial part of Eighty-one of her law school class- qualifications.’’ They deserve some this new experiment in self-govern- mates from ‘‘diverse backgrounds, po- credit for being honest about it. They ment. If the separation of powers were litical affiliations, and philosophies’’ say they aren’t interested in whether to endure and the people’s rights were say the nominee embodies ‘‘the highest Judge Barrett will smartly and faith- to be safe, we would need individuals of caliber of intellect . . . fair-minded- fully apply our laws and our Constitu- the highest quality on the courts. So ness, empathy, integrity, humility, tion. They aren’t interested in that. In- how fortunate for our country that the good humor, and commitment to jus- stead, they want to make apocalyptic Senate just advanced one of the most tice.’’ They also said: ‘‘As fellow stu- predictions about policy. qualified nominees to judicial service dents, we often learned more from Amy Well, there are a few problems with that we have seen in our lifetimes. than the professor.’’ that. One is that their political side

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.229 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6451 has been shopping the same horror sto- proud of and feel good about. We made The Republican Party is willing to ries for 50 years. They have been saying an important contribution to the fu- ignore the pandemic to rush this Su- the same thing for half a century about ture of this country. preme Court nomination forward, and every Supreme Court nominee by a Re- A lot of what we have done over the the Vice President, after being poten- publican President, without exception. last 4 years will be undone sooner or tially exposed to COVID, will preside. Many of those judges—not to the de- later by the next election. They won’t The Senate Republicans are willing light of some people on this side of the be able to do much about this for a to ignore the need for economic relief. aisle—went on to not disappoint the long time to come. They are willing to ignore the Nation’s other side, which shows you how hard Fortunately for Judge Barrett and testing needs. They are willing to ig- it is to predict what someone will be for our Nation, history will remember nore election interference—all so they for life. Many have been surprised, what is already clear: The deficiency is can put someone on the highest Court some unpleasantly. with their judgment, not hers—their who could take healthcare away from It is almost as if jurists are not poli- judgment, not hers. The Senate is millions of Americans in the middle of ticians with policy platforms. It is al- doing the right thing. a pandemic. God save us. most as though that is the wrong way We are moving this nomination for- Now, only a few hours after Justice to look at it. That is a deeper mis- ward, and, colleagues, by tomorrow Ruth Bader Ginsburg passed away, understanding of what is at play here. night we will have a new member of Leader MCCONNELL announced that the Let me quote an expert: ‘‘A judge the U.S. Supreme Court. Republican majority would move must apply the law as written, not as I yield the floor. quickly to confirm her replacement. At she wishes it were.’’ RECOGNITION OF THE MINORITY LEADER the time, we didn’t know exactly when, Scalia used to put it this way. He The PRESIDING OFFICER. The but now we do. Republicans are rushing would say: If you want to make policy, Democratic leader is recognized. to hold a confirmation vote tomorrow why don’t you run for office? That is CORONAVIRUS night, 8 days—8 days—before the elec- not what we do here. That is not our Mr. SCHUMER. Madam President, I tion, after more than 50 million Ameri- job. want to start today by talking about cans have voted for a President—quite It takes a good deal of discipline to some breaking news that may, at first possibly, a different President—to pick squeeze your personal opinion out of glance, not seem relevant to today’s Justices on their behalf; after more your decision-making. Those are the proceedings but, in fact, is a perfect il- than 50 million Americans have voted kinds of judges we have been con- lustration of how broken this process for Senators—quite possibly, different firming here for the last 4 years—peo- is. Senators than some who are here We find ourselves in the middle of a ple who are sworn to uphold the law today—to advise and consent. pandemic that the Republican Party and take it seriously. Confirming a lifetime appointment has never taken seriously enough, and President Obama once said he wanted this late into a Presidential election it is a pandemic that is worsening by to appoint judges who had empathy. season is outrageous. It is even more Think about it for a minute. If you are the day. According to Dr. Fauci, the nomina- galling, of course, because nearly every the litigant for whom the judge has tion ceremony for Judge Barrett was a Republican in this Chamber, led by the empathy, you are probably in pretty superspreader event. majority leader 4 years ago, refused to good shape. But what if you aren’t? Today, the White House Chief of even consider the Supreme Court nomi- That is not what we have been doing Staff conceded the White House is ‘‘not nation of a Democratic President on here for the last 4 years with the judi- going to control the pandemic.’’ Yet the grounds of the principle—the prin- ciary. The reason that frightens these last night we learned that several aides ciple—that we should wait until after guys on the other side so much is be- close to Vice President PENCE have the Presidential election because the cause that is exactly what they want— tested recently positive for COVID. American people deserved a voice in another branch of legislators seeking We wish them and their families well. the selection of their next Justice. outcomes that may or may not be re- We wish the Vice President and his My colleagues, there is no escaping flected in the law or the Constitution family continued health. But a normal this glaring hypocrisy. As I said before, that is before them. That is exactly response after being close to several no tit for tat, convoluted, distorted what they want. people with COVID–19 would be to fol- version of history will wipe away the Courts have a vital responsibility to low CDC guidelines and quarantine for stain that will exist forever with this enforce the rule of law, which is crit- everyone’s safety, but this is not the Republican majority and with this Re- ical to a free society, but the policy de- case. In the same breath with which publican leader. No escaping the hypoc- cisions and value judgments of the gov- they announced that Vice President risy, but, oh my, how the Republican ernment must be made by the political PENCE was exposed, the White House leader has almost desperately tried. branches elected by and accountable to said that he would keep on cam- Over the past few days and weeks, the people. The public should not ex- paigning, comparing campaigning work the majority leader has subjected the pect courts to do so, and courts should to the work that doctors, nurses, fire- Senate to a long and tortured defense not try—shouldn’t try. fighters, and police officers do. It is a of this cynical power grab. The Repub- Now, who said that? That was Amy puzzling claim, especially since the lican leader claims the majority’s posi- Barrett who said that. She understands Vice President failed at the most im- tion all along has been that it is ac- the separation of powers far more portant official duty in his portfolio— ceptable to deny Justices in Presi- keenly than her critics. She under- the White House Coronavirus Task dential election years when there is di- stands the job of a judge. Force. Not only has the White House vided government. Our Democratic colleagues should Coronavirus Task Force failed to keep But here is what Leader MCCONNELL not have tried to filibuster this excep- the American people safe; it has even said after Justice Scalia died: tional nominee. They should have lis- failed to keep the White House safe. The American people should have a voice tened and actually learned. Even worse, the Vice President rein the selection of their next Supreme Court I loved during the hearing when Sen- portedly intends to come to this Cham- Justice. Therefore, this vacancy should not ator CORNYN said: What do you have on ber tomorrow to preside over Judge be filled until we have a new President. your notepad? She held it up. Nothing. Barrett’s confirmation vote. The Vice He didn’t say: The American people Nothing. No notes at all. President, who has been exposed to five should have a voice, but only when We have a few former Supreme Court people with COVID–19, will ignore CDC there’s a divided government. clerks on that committee: Senator guidelines to be here tomorrow, put- He didn’t say: The American people CRUZ, Senator HAWLEY. I have heard ting the health of everyone who works deserve a voice, but only when it serves them say over and over—oh, three. in this building at risk. It sets a ter- the political interests of one party, Mike. Sorry. Three. So they have been rible, terrible example for the Amer- otherwise, we don’t mean it. around the best, at the highest level. ican people, and nothing could be a No, Republicans all swore this was a Nobody has seen anything better than more apt metaphor for what is going ‘‘principle’’—their word—not a mere this. This is something to really be on here. incident of who controls the Senate

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.231 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6452 CONGRESSIONAL RECORD — SENATE October 25, 2020 and the Presidency. And the trans- ination so President Obama couldn’t but you don’t want the blame. That is parency of this new excuse does not have his rightful appointees to the sec- exactly what the leader’s speech sound- cover up the hypocrisy. It does not ond highest court in the land. And they ed like to so many Americans. change it one bit, and everyone knows kept a number of seats—I believe it Let’s get serious here. This isn’t it—everyone. was four—vacant for such a long time. about the long history of judicial esca- And, by the way, if this were about Well, we have heard all of this before. lation or a 33-year-old speech. This is divided government, the senior Senator It seems whenever the Republicans about raw political power. This is from Florida would not have said he need to scare up some votes, they ac- about a Senate majority deciding to would ‘‘say the same thing if a Repub- cuse Democrats of trying to pack the break faith with the American people lican President were in office.’’ courts, even when it is a Democratic and make a mockery—a mockery—of The junior Senator from Iowa would President invoking his constitutional its own principle to secure a seat on not have said: authority to appoint judges and the the Supreme Court. Precedent set, precedent set. I’m sure come Republicans are blocking it. Let me dispense with one more fic- 2020, you’ll remind me of that. Republicans tried to nullify Presi- tion. The leader keeps claiming that Supreme Court seats have nothing to Chairman GRAHAM would not have dent Obama’s authority to nominate do with power or ideology. Judges and said: judges to the circuit court, and then, justices only apply the law, they claim. Hold the tape! Use my words against me! as soon as Republicans had a majority, they succeeded in nullifying his prerog- They only call balls and strikes. My You can say LINDSEY GRAHAM said the next Republican friends have told us over president, whoever it might be— ative to have a Supreme Court nomination considered by the Senate. And and over again that if someone is quali- Whoever it might be, not whatever fied—has good, topnotch qualifica- party it is in— what did Leader MCCONNELL say about it? This remark will go down in in- tions—they should be confirmed be- should make the nomination. famy. He called it ‘‘one of his proudest cause judges merely apply the law. So the flimsiness, the transparency, moments.’’ Well, if that were true, if Leader the dishonesty of the excuse that they Apparently, the blame game that MCCONNELL truly believed the only have come up with ex post facto Leader MCCONNELL wants us to play thing that matters about a judicial doesn’t work. It doesn’t work. goes all the way back to 1987. That is candidate is his qualifications, then No, this has never been about the ori- the reason we are so hypocritical— Merrick Garland would be sitting on entation of the Senate and the Presi- what happened back in 1987, says the the Court right now. His qualifications dency. Republicans promised they Republican leader. It all began with were every bit as good as Amy Coney would follow their own standard if the Robert Bork, he says, after Senator Barrett’s—every bit as good. So, all of a sudden, we should only situation were reversed—guess not. KENNEDY gave a 3-minute speech that judge by qualifications. I get it. I get Now, the Republican leader claims Republicans considered intemperate. it. If it were true—once again, I will re- that the majority’s actions today are Seriously, that is, according to our Re- peat it. If any of my Republican friends rooted in some convoluted precedent. publican friends, the original sin, ac- believe that the only thing that mat- The truth is, the precedent is clear and cording to the leader—a 3-minute similar. The Senate has never—never— ters is the qualifications of a judicial speech. candidate, Merrick Garland would be confirmed a Supreme Court Justice so While we are on the subject of Robert close to a Presidential election. The Justice Merrick Garland now. Bork, I would remind my colleagues No one—and I mean no one—said that Senate has never even confirmed a Jus- that Robert Bork received a hearing tice between July and election day in a Judge Garland wasn’t qualified. But and a vote in the Democratic Senate. Republicans subjected his nomination Presidential year. I asked the Pre- His nomination was defeated by a bi- siding Officer to confirm these two to an unprecedented partisan blockade. partisan majority of Republicans and If qualifications are the only thing facts, and both were confirmed by the Democrats. Republicans helped defeat records of the Senate. There is no that matter, why did President Trump Bork—left out conveniently by the vow to pick only Justices who would precedent—none—for what is going on leader’s recantation of history. His terminate our healthcare law? Why did here. nomination was defeated and President he say that his judicial appointments The Republican leader has claimed Reagan’s eventual replacement, An- would ‘‘do the right thing’’ on that the majority’s actions are justi- thony Kennedy, was confirmed unani- healthcare, ‘‘unlike Justice Roberts’’? fied by all sorts of bad things Demo- mously. Why did President Trump say that if crats did in the past and may hypo- For those keeping score, Merrick he gets to appoint two or three Jus- thetically do in the future. He said Garland never even got a hearing. tices to the Supreme Court, Roe v. that every escalation of significance in But because one Democrat gave a Wade would be overturned automati- judicial debates was made by Demo- speech Republicans didn’t like, the cally? That is not qualifications. crats. Convenient, I guess. I guess ‘‘sig- fight was on, according to the Repub- President Trump doesn’t have a prob- nificance’’ is in the eye of the beholder, lican leader. According to the Repub- lem talking about how judicial ap- because the Republican leader’s history lican leader, because of that 3-minute pointments might rule when he is try- conveniently, and mandatorily to speech in 1987, Republicans can steam- ing to win an election, but, apparently, make his case—his false case—left out roll the minority to confirm a Supreme Democrats are, in the words of the a whole lot of chapters—ignored. Court Justice in the middle of an elec- leader, ‘‘hysterical’’ for even ques- He conveniently omitted that Repub- tion. tioning how Judge Barrett looks at licans bottled up more than 60 judicial Imagine trying to explain to some- hugely consequential issues. nominees from President Clinton, re- one: Sorry, I have to burn down your I want the American people to know: fusing to give them a hearing in the house because of something one of your The far right is lining up, right now, to 1990s. He made no reference to the deci- friends said about one of my friends 33 get the Supreme Court to review your sion by Republican Senators to hold years ago. Yes, burn down the house fundamental rights because they think open 14 appellate court seats under because of a comment 33 years ago— Judge Barrett might provide a certain President Clinton so that a Republican that is what they are doing. outcome. President Trump and Repub- President could fill them instead—a The leader’s speech—the Republican lican attorneys general are suing to tactic Republicans would revisit under leader’s speech—was schoolyard stuff. eliminate the Affordable Care Act in a President Obama, when Republicans Here in the U.S. Senate, in order to case that will be heard one week after used partisan filibusters to block his justify an outrageous power grab that the election. nominees to the DC Circuit. even some Members of his party don’t Three days ago, the President of the At the time, the Republican leader agree with, the leader’s argument boils United States said on tape: ‘‘I hope and Senators from Iowa and Utah said down to ‘‘But you started it.’’ Any par- that they will end it. It’ll be so good if that President Obama was—get this— ent with young children would recog- they’’ did. trying to ‘‘pack the court.’’ Amazing. nize that argument. It is when you Republicans in Pennsylvania have Pack the court? They held up the nom- know you have done something wrong just appealed a split decision by the

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.233 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6453 current Supreme Court that prevented season, and, I would argue, one of the write glowing reviews for Federal judi- an early cutoff to counting ballots. principle reasons that I am here in the ciary nominees on a regular basis. In Just one vote on the Court could U.S. Senate. fact, she said the only similar letter change the outcome. Then, of course, when the chickens she has ever written was in support of The attorney general of Mississippi, came home to roost and the same tac- Democratic nominee Elena Kagan’s this week, filed a brief asking the Su- tics were used by the other side in the nomination to the Supreme Court. preme Court to review a Mississippi previous administration, as was point- She went on: law banning abortions after 15 weeks— ed out again yesterday by Leader I feel every bit as strongly about Judge an invitation for a new configuration MCCONNELL, the Democrats decided to Barrett’s qualifications for a position as As- on the Court to revisit Roe v. Wade. break the rules to change the rules in sociate Justice as I felt about Justice Kagan. So don’t tell me the issues don’t mat- 2013 to go to a simple majority to basi- While I may not always agree with ter, only qualifications. We are talking cally get and confirm judges on the the American Bar Association’s judi- about the lives and freedoms of the Federal Judiciary. cial rankings, they certainly got it American people: the right to afford- We are where we are today, notwith- right with Judge Barrett. That is I able healthcare, to make their own pri- standing all the bluster that you just talking, not the professor. I am still vate medical decisions, to join a union, heard, because of a long, systematic struck by the testimony that the head to vote without impediments, to marry strategy by the Democratic leader to of the ABA Standing Committee on the whom they love. And Judge Amy block judges put forward by Republican Federal Judiciary submitted to the Coney Barrett will play a part in decid- Presidents. Senate Judiciary Committee. The Despite all of what you just heard, ing whether those rights will be sus- ABA’s Standing Committee on the Fed- tomorrow we are going to get to vote tained or curtailed for the next genera- eral Judiciary is the body that provides to confirm one of the most outstanding the ABA’s evaluations of Federal judi- tion of Americans. judicial nominees whom I have had the I want to be very clear with the cial nominees. pleasure of considering during my time In his testimony detailing the ‘‘well- American people about what is going in the Senate. Judge Amy Coney Bar- qualified’’ rating that the ABA gave to on here. The Republican Senate major- rett is eminently qualified for the Su- Judge Barrett, the head of the ABA ity, America, is breaking faith with preme Court. committee noted: you—doing the exact opposite of what By now, her accomplishments are Lawyers and judges uniformly praised the it promised just 4 years ago—to cement well known: first in her class at Notre nominee’s integrity. Most remarkably, in a majority on the Supreme Court that Dame Law School, Supreme Court interviews with individuals in the legal pro- threatens your fundamental rights. clerk, beloved Notre Dame law profession and community who know Judge Bar- Don’t forget it, America. Don’t forget fessor, outstanding scholar, circuit rett, whether for a few years or decades, not what is happening here because it is a one person uttered a negative word about her court judge. character. Accordingly, the Standing Com- travesty—a travesty. It is a travesty Americans, of course, got to see for the Senate, a travesty for the coun- mittee was not required to consider any neg- Judge Barrett’s qualifications for ative criticisms of Judge Barrett. try, and it will be an unerasable stain themselves a couple of weeks ago dur- on this Republican majority forever That is quite a tribute. ing her Judiciary Committee hearing. But, of course, ratings of ‘‘well-quali- more. For 2 days, she answered tough and fied’’ do not just depend on character; I yield the floor. probing questions from Democrats and they also depend on professional com- The PRESIDING OFFICER. The ma- Republicans, displaying a consummate petence. Here is what the ABA’s rep- jority whip. command of the law and a calm and resentative had to say about that: Mr. THUNE. Madam President, the thoughtfulness that shows she has the Democratic leader seems to think that Given the breadth, diversity, and strength kind of judicial temperament you want of the positive feedback we received from this had something to do with a 3- in a Supreme Court Justice. judges and lawyers of all political persua- minute speech 30 years ago. I don’t Since Judge Barrett’s nomination, sions and from so many parts of the profes- know where that comes from. the tributes have poured in from across sion, the Standing Committee would have I can tell you that he has been in- the political spectrum: ‘‘Barrett is been hard-pressed to come to any conclusion volved in a systematic reversal of the other than that Judge Barrett has dem- highly qualified to serve on the Su- onstrated professional competence that is longstanding precedent when it comes preme Court,’’ said Harvard Law Pro- to the consideration of judges to the exceptional. fessor Noah Feldman, one of the House Along with her character, com- Federal bench by the U.S. Senate. I am Democrat’s star impeachment wit- a beneficiary, I suppose you could say, petence, and command of the law, nesses. Judge Barrett brings a clear under- in some strange way of that. That was Patricia O’Hara, former dean of standing of the proper role of a judge. a major issue in my campaign in 2004. Notre Dame Law School, sent a glow- We made it about the blockade that She understands that the job of a judge ing letter to Judiciary Committee is to interpret the law, not make the the Democrats in the Senate at the Chairman LINDSEY GRAHAM and Rank- law; to call balls and strikes, not to re- time, led by the current Democratic ing Member DIANNE FEINSTEIN. The let- write the rules of the game; or, as leader, had started against a whole ter says: Judge Barrett said in an answer to a long list of nominees put forward by I was the dean of Notre Dame Law School Senator’s question, ‘‘I apply the law. I then-President George W. Bush. at the time that Judge Barrett first joined our faculty. In that capacity I was respon- follow the law. You make the policy.’’ I remind you of a few names: Janice As Judge Barrett made clear in her Rogers Brown, Priscilla Owen, Miguel sible for providing an environment in which she could flourish as a young faculty mem- hearing, she will be the kind of Justice Estrada, Judge Charles Pickering. who leaves her personal beliefs and po- There was a long list of judges who ber, but also for evaluating objectively whether she met the University’s high stand- litical opinions at the courtroom door. were blocked at the time by the cur- ards for scholarship and teaching required She will look at the facts of each case rent Democratic leader. In fact, as for advancement. This proved to be the easi- and judge accordingly to the law and Leader MCCONNELL has pointed out, it est task of my ten years as a dean. Judge the Constitution and nothing else. wasn’t even sort of a random thing. It Barrett was (and remains) a stellar teacher When I came to the Senate, I hoped was a planned strategy to start playing beloved by students, a brilliant and nation- to have the opportunity to put judges ally-recognized scholar, and generous col- politics with the Federal Judiciary in- like Amy Coney Barrett on the bench. stigated by the architect, the current league. She went on to say: I was proud to vote to confirm her to Democratic leader, who, at the time, I am confident that if she is confirmed by the Seventh Circuit Court of Appeals in was holding workshops and seminars the United States Senate, she will be an out- 2017, and I look forward to voting to about how they could politicize the standing justice—brilliant, fair, impartial, confirm her to the Supreme Court to- Federal judiciary and figure out new and empathetic—and will serve to strength- morrow. ways to block consideration of judges en an independent judiciary committed to I yield the floor. put forward to the Federal bench by the rule of law. The PRESIDING OFFICER (Mr. then-President George W. Bush. That Professor O’Hara also took care to BOOZMAN). The Senator from Cali- was a major issue in that campaign note in her letter that she doesn’t fornia.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.234 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6454 CONGRESSIONAL RECORD — SENATE October 25, 2020 Mrs. FEINSTEIN. Mr. President, I to identify and disclose significant could well lose the significant benefits rise today in opposition to the nomina- amounts of material. that the Affordable Care Act provides. tion of Judge Amy Coney Barrett to Then, before Judge Barrett’s hearing More than 130 million Americans have the U.S. Supreme Court. had even concluded, Chairman GRAHAM preexisting conditions, like cancer, Just over a month ago, our country held a markup on her nomination, and asthma, or even COVID–19, and they lost Justice Ruth Bader Ginsburg, a more rules were broken by setting a could then be denied coverage. leading voice for equality and funda- committee vote on her nomination for At Judge Barrett’s hearing, we heard mental rights. 1 p.m. the following week. I, along with the stories of real Americans who will Judge Ginsburg’s nomination was the the Democratic side, refused to take be harmed and who illustrate what is first that I participated in when I came part in that committee vote. This was at stake. This included a constituent of to the Senate 28 years ago. At her hear- not a decision that we made lightly. mine, Krystyna Munro Garcia, who, being, I had the opportunity to thank her We were not willing to participate any cause of the Affordable Care Act, re- for all she had done and for all she had further in a process that was used to ceived cataract surgery that saved her yet to do. Before she was confirmed to rush this nominee forward in the mid- eyesight. the Bench, Justice Ginsburg played a dle of this election. It included North Carolina mom critical role in breaking down barriers Despite our objections to proceeding, Stacy Staggs, who testified that the for women. Democrats demonstrated through the Affordable Care Act had ensured her During her confirmation hearing, she course of Judge Barrett’s nomination twin girls received the lifesaving treat- staunchly and forthrightly defended hearings what is at stake with her ments they needed. her positions as an advocate for equal- nomination, starting with Republican It also included Dr. Farhan Bhatti, a ity, including her own support for a statements to use the Supreme Court family physician, working with low-in- woman’s fundamental right to control to dismantle the Affordable Care Act come patients in Lansing, MI, who told her own body, the core holding of Roe and strip away healthcare coverage for the committee that opposition to the v. Wade. millions of Americans. ACA ‘‘endangers a lifeline that [his] pa- Once confirmed to the Court, Justice On November 10, the Supreme Court tients count on to stay healthy, and in Ginsburg worked tirelessly to ensure will actually hear oral arguments in a many cases, to stay alive.’’ that the opening words of our Constitu- case titled ‘‘California v. Texas.’’ That I deeply believe that Senate Repub- tion, ‘‘We the People of the United is a case challenging the validity of the licans should not be moving forward on States,’’ included all people, not just Affordable Care Act. President Trump a Justice who will likely help strip the elite few. promised to appoint Justices who will healthcare from millions of Americans, The stakes are extraordinarily high vote to dismantle this landmark law. particularly in the middle of a global in confirming a replacement for Jus- In 2015, he stated: ‘‘If I win the Presi- pandemic that has already taken more tice Ginsburg in the best of cir- dency, my judicial appointments will than 225,000 American lives. Judge Barrett also represents a cumstances, but for Republicans to do the right thing, unlike Bush’s ap- threat to women’s reproductive rights. proceed now, just 8 days before an elec- pointee John Roberts on ObamaCare.’’ President Trump told us so when he tion, undermines, I think, the integrity When he nominated Judge Barrett to fill Justice Ginsburg’s seat, President promised to appoint Justices who will and independence of the vote. ‘‘automatically’’ overturn Roe v. Wade. Senate Republicans are breaking Trump stated that eliminating the ACA would be a ‘‘big win in the USA.’’ Judge Barrett has made clear that their own statements and promises by she would likely be the Court’s most proceeding. In February of 2016, Repub- Even more recently, in an interview with 60 minutes, President Trump said extreme member on reproductive licans refused to consider a replace- he ‘‘hopes’’ the Supreme Court will rights. At her hearing, she refused to ment for Justice Antonin Scalia be- strike down the ACA, and he believes state whether she agreed with the land- cause it was an election year. They ‘‘it’ll be so good if they end it.’’ mark case Griswold v. Connecticut, blocked all consideration of President Let us not forget, after all, that Jus- which established the right to use con- Obama’s nominee, Judge Merrick Gar- tice Ginsburg joined a 5-to-4 majority traceptives. In addition, she would not land, claiming that the American peo- when the Supreme Court upheld the affirm whether Planned Parenthood v. ple should have the opportunity to ACA against Republican-led challenges Casey, which upheld the constitutional weigh in on a Supreme Court vacancy. in NFIB v. Sebelius and King v. right to abortion established in Roe, Leader MCCONNELL, at the time, clear- Burwell. was settled law. She stated outright ly stated the Republicans’ position: Like President Trump, Judge Barrett that Roe is not a superprecedent, indi- ‘‘My view, and I can now confidently has criticized the upholding of the Af- cating time and again that continued say, the view shared by virtually ev- fordable Care Act. In NFIB v. Sebelius, efforts by anti-abortion activists would eryone in my conference, is that the she stated that Chief Justice Roberts provide the Supreme Court ample fu- nomination should be made by the ‘‘pushed the Affordable Care Act be- ture opportunity to further limit or President that the people elect in the yond its plausible meaning to save the overturn Roe entirely. election that is now underway.’’ statute.’’ Now, this was a surprising departure Well, that is clearly not going to hap- She also cast doubt on the Chief Jus- from the last four Republican nomi- pen. tice’s opinion in King v. Burwell and nees, who acknowledged at their hear- Chairman GRAHAM, in 2018, reiterated said that he departed from the ‘‘clear ings that Griswold was, in fact, settled this standard, promising that ‘‘if an text’’ of the statute to avoid gutting it. law and that Roe and Casey were, in opening comes up in the last year of She likewise claimed that the dissent fact, important precedents of the President Trump’s term and the pri- had the ‘‘better of the legal argument.’’ Court. mary process has started, we’ll wait At her confirmation hearing, Judge Beyond these specific examples, till the next election.’’ Barrett did not answer questions about Judge Barrett’s view of precedent itself But when Justice Ginsburg passed her view on the ACA and did not mean- poses a continued threat to countless away just 46 days before election day, ingfully walk back her criticism of rights that Americans rely on and Senate Republicans did not hesitate to these two 5-to-4 Supreme Court deci- cherish. go back on their word. On the night of sions upholding the law. As an academic, she wrote that it is Justice Ginsburg’s death, Leader She also implied that coverage of ‘‘more legitimate’’ for a Justice to ‘‘en- MCCONNELL announced that President preexisting conditions is not at issue in force her best understanding of the Trump’s nominee for the vacancy California v. Texas. However, the Constitution rather than a precedent would receive a vote on the Senate Trump administration is directly ask- she thinks clearly in conflict with it.’’ floor. Chairman GRAHAM immediately ing the Court to strike down the entire Essentially, what that states is that set committee hearings for October 12, Affordable Care Act, including its pro- she will feel free to overrule precedent giving the committee just 2 weeks to tections for patients with preexisting that she believes conflicts with her in- review Judge Amy Coney Barrett’s conditions. terpretation of the Constitution. record. This proved to be insufficient, Let me be perfectly clear. I believe, if Judge Barrett’s record also raises as evidenced by Judge Barrett’s failure Judge Barrett is confirmed, Americans grave concern about how she would

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.236 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6455 rule on cases involving voting rights session?’’ and they would say, I am cancy on the Supreme Court, and the and core democratic norms. sure, ‘‘Well, of course they are in a rare nominee, Amy Coney Barrett, comes In her dissent in the Seventh Circuit 5-day session. We are in the midst of a before us for a vote on confirmation to- case Kanter v. Barr, Judge Barrett sug- deadly pandemic.’’ You would guess morrow after 5 days. gested that voting rights were entitled that would be the answer of most The reason it is controversial, the to less protection under the Constitu- Americans. reason it has to be rushed from the Re- tion than the right to own a gun. She Why would they say that? Well, I publican point of view, the reason they distinguished between the ‘‘individual know why they would say it in Illi- are hell-bent to get this done before right’’ to own a gun and the ‘‘civic nois—because the coronavirus in Illi- the election is directly related to the right’’ to vote. She argued that a fel- nois has spiked to a newly confirmed pandemic. It seems like an odd cou- ony conviction should not necessarily daily COVID–19 State record as of yes- pling. How did that happen? Well, it result in the loss of the right to own a terday, and 63 more deaths have been came down to this: The filling of this gun but emphasized that it may result reported. Our positivity rate is over 6 vacancy in an extraordinary way, since in the loss of the right to vote. percent now, and the Governor and we have never—underline the word She even refused to say whether vot- mayor are taking steps that they ‘‘never’’—in the history of the United ing discrimination exists even after didn’t want to take but have no choice. States filled a Supreme Court vacancy being informed that Chief Justice Rob- They are closing restaurants and bars this close to an election—actually, in erts wrote, ‘‘Voting discrimination and imposing a curfew on the city of the midst of an election—it has never still exists; no one doubts that.’’ Chicago. been done—the reason they are break- Despite President Trump’s statement You can imagine how they feel as ing all the rules, including the sacred that he plans to challenge the results more and more infections come rolling McConnell rule, which was announced 4 of the election in the courts if he in and more and more people are dying. years ago, that lameduck Presidents— loses—and that he wants his Justice We have had almost 9,600 deaths so far by his definition, Presidents in their seated in time to hear those chal- in Illinois and, as we know, nationwide, last year—should have no authority to lenges—Judge Barrett would not com- over 225,000 deaths. fill a Supreme Court vacancy—the reason they have decided to ignore that mit to recuse from cases related to the But don’t believe for a second that sacred McConnell rule and go forward upcoming election. this is a big-city problem because the In addition, Judge Barrett’s evasive- New York Times reports this morning with this is because of one day that is coming up: November 10. ness at her hearing was deeply con- in its edition the names of the 50 coun- You see, on November 10, the Su- cerning. She refused to answer over 100 ties across America with the worst per preme Court of the United States con- capita outbreaks of COVID virus with questions—not 10 or 20 or 30 or 40 but siders the case of California v. Texas. It fewer than 10,000 people in the county. 100 questions—including basic legal and is a big deal on the Republican side. Senator THUNE was here earlier. His factual questions. Let me give you an The purpose of that case is for attor- State of South Dakota has really been example. neys general in Republican States and devastated when it comes to small Judge Barrett refused to confirm the Attorney General of the United counties, these counties—Bon Homme, that the Constitution prevents a Presi- States to strike down the Affordable Faulk, Harding, Miner, Buffalo, Oglala dent from delaying an election. That is Care Act. They want to make sure that a hint. She declined to answer whether Lakota, Sully, Campbell, Brule, Tur- Amy Coney Barrett has black robes on Federal law prohibits voter intimida- ner, Jackson, Todd. Small counties. and is sitting in the Supreme Court tion. She would not affirm that Medi- Rural areas. Smalltown America that when it is argued so she can be there care is constitutional. She even hedged used to say: It is a big-city problem. when the critical vote to eliminate the on whether Presidents should commit But now, sadly, it is a smalltown prob- Affordable Care Act occurs just a few to peaceful transfers of power, and she lem too. weeks from now. If they don’t get this would not acknowledge the existence of I am sure the Presiding Officer knows done by November 3, they are afraid of climate change. that on this list of 50 is Izard County— what might happen. Something might Judge Barrett’s silence on these I hope I am pronouncing it correctly— get complicated and they couldn’t get major questions really speaks volumes. in Arkansas and Lincoln County as her on the Bench on time. It demonstrates that a Justice Barrett well. If you think I am making this up, we will not be willing to stand up for core Following me speaking will be a Sen- have as a source for that information American values and rights, and it ator from Colorado, and unfortunately none other than the President of the raises additional concerns about her Sedgwick County is included on this United States of America—a President willingness to act independently of list. who never suffered an unuttered President Trump. The point I am trying to make is thought; a President who generates In closing, it is my belief that Judge this: This is a pandemic that is the dozens of tweets every day and tells us Barrett represents a threat to the very worst we have seen in a century. More exactly what is on his mind every wak- rights—including reproductive rights, people are getting sick and more peo- ing moment. He made it clear to us the rights of LGBT individuals, and ple are dying than we ever imagined. that when it came to Amy Coney Bar- voting rights—that Justice Ginsburg We face this not just in big cities like rett, she was a priority. He promised worked so hard to protect, and for Chicago but in small towns and small long ago: I won’t put a Supreme Court those reasons, I oppose her nomination counties in my State of Illinois and ev- Justice on the Court unless they will and urge my colleagues to do the same. erywhere. join me in eliminating the Affordable I suggest the absence of a quorum. I pointed out the Senators who have Care Act. The PRESIDING OFFICER. The been recently on the floor, but, trust So we knew that as a starter, and clerk will call the roll. me, this list includes a lot of other then he added as a grace note: And I The senior assistant legislative clerk States even with Democratic Senators. want to make sure this Justice is on proceeded to call the roll. It makes no difference. The virus could the Court so if there are any election Mr. DURBIN. Mr. President, I ask care less. contests, I will have nine Justices unanimous consent that the order for With facing this at this moment in there. the quorum call be rescinded. time, the American people would right- Not subtle, is it? The PRESIDING OFFICER. Without ly think that we would be doing every- That is why I said in the hearing and objection, it is so ordered. thing imaginable, everything within since that there is an orange cloud over Mr. DURBIN. Mr. President, if you our power to address this pandemic in this nomination—an orange cloud that went across America and just picked a this rare 5-day session leading up to a emanates from the White House. And random person and said ‘‘Did you know national election, but they would be that is why we come here today, just the Senate is in session this weekend?’’ wrong. They would be wrong because hours before the final vote, under- they, of course, wouldn’t know. You that is not our priority in the Senate. standing what is at stake if the Presi- would say to them ‘‘Well, why do you The priority in the Republican-con- dent has his way, if the Republicans think the Senate is in this rare 5-day trolled Senate is the filling of a va- have their way.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.238 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6456 CONGRESSIONAL RECORD — SENATE October 25, 2020 If Amy Coney Barrett is on the cancer in its earliest stage when it Supreme Court, Americans like Paul Bench by November 10, then she will be could still be treated. will pay the price. in a position to strike down a law As fate would have it, when Alex So you wonder why we are coming to which provides health insurance for 23 turned 29, he was diagnosed with non- the floor with these speeches late on a million Americans. There is the link- Hodgkin’s lymphoma. He was unin- Sunday afternoon. Because these peo- age I mentioned earlier. sured at the time, but thanks to the ple asked us to. They asked us to come In the midst of a pandemic, with 8 Affordable Care Act, he was able to get up and stand up for them and say what million Americans having been in- enrolled and access the care he needed. they can’t say on the floor of the Sen- fected; in the midst of a pandemic with He received treatment at several hos- ate. That is why we are here in the over 225,000 American lives lost; in the pitals in Chicago and ultimately chem- midst of a pandemic. That is why we midst of a pandemic setting new otherapy and a lifesaving bone-marrow are here—a nation that values records as this COVID–19 virus invades transplant at the University of Chicago healthcare as much as anything else we our towns and cities and counties and Hospital. Today he is in complete re- have as American citizens. States again; in the midst of this, the mission. How about that. He lives in That is why, when we asked Amy Coney Barrett some basic questions, we Republican leader, MITCH MCCONNELL, Chicago with his wife and is active in says we have no time to discuss leadership training programs and advo- expected to at least get some indica- COVID–19—no, but we have all the time cacy. tion of an answer. She wouldn’t answer EAHY was we need to make sure we have our Su- He wrote me a note and he said: Sen- basic questions. Senator L there; he was following it. What we saw preme Court Justice on the Bench ator, ‘‘if it were not for the Affordable was practiced avoidance of ever telling when the future of the Affordable Care Care Act and being able to gain access us the basics. Act is decided. to healthcare at that time, then I am not sure I would be alive right now to You know, she styles herself as an There have been a lot of questions as originalist, and I will talk about that to whether Amy Coney Barrett is share my story.’’ Why do I tell you that story? Because in a moment. An originalist supposedly qualified. She is impressive in her an- values the Constitution—in fact, de- swers to questions, if she gets around the future of his healthcare depends on filling this nomination to the Supreme pends on it; finds guidance in it that to answering them. I am sure that she other people can’t see in the words, has a head full of law. You can tell it Court and whether the person who fills it is going to eliminate this law and they find in the words; really delves when she answers, which is rare. You into the Constitution; honors it; swears can tell why she was a law school pro- protection or protect it. Here is another fellow I met. His by it. Yet when we asked about basic fessor and now a circuit judge. name is Paul Marshilonus. I remember constitutional principles—basics, writ- But the purpose of our hearing was meeting Paul because, like me, he has ten in the words of the document not just to figure out if she was smart, Lithuanian heritage. We talked about itself—time and again, she would say: I properly educated, licensed to practice it. I met him during an immigration really wish I could answer, but, you law. All of that aside, the purpose of event. know, a case may come before the Su- the hearing, from my point of view, Due to complications of a knee con- preme Court someday on that, and I was to try to determine not what was dition, Paul Marshilonus was no longer am just going to have to duck that in her head but what is in her heart able to work at the Sears store, and he question. She wouldn’t tell us whether when it comes down to basic questions, lost his employer-based insurance when the President of the United States because, you see, at the bottom of all he was in his early sixties. could unilaterally—unilaterally—delay this is the Affordable Care Act and its Paul’s wife used to worry about rel- the Presidential election. How about fate and the fact that she has published atives who had cancer, and she said to that? on more than one occasion her opinion him: ‘‘I hope that doesn’t happen to There are only three separate ref- of that law, and, not surprisingly, it is me, because we can’t get insurance and erences in the Constitution to that negative. we have nowhere to go.’’ deadline and date for a Presidential I want to tell you in a moment—I Then Paul received a prostate cancer election, and she couldn’t answer that want to get personal for a moment diagnosis when he was 63—unfortu- question: Can the President unilater- about this Affordable Care Act before I nately, 2 years too young for Medicaid. ally delay an election? talk about Amy Coney Barrett and her Thanks to the Affordable Care Act, he She couldn’t tell us whether there philosophy. got enrolled in the Cook County should be a peaceful transfer of power I want to introduce you to a young CountyCare Medicaid expansion cov- from one President to the next. man from the State of Illinois. His erage. Please, Professor, Judge, you know name is Alex Echols. He is from Chi- I am happy to say that because I in your heart of hearts that without a cago. I met with him recently. Big joined with Toni Preckwinkle, the peaceful transfer of power, you don’t smile, right? Well, when he was 9 years president of the Cook County Board, to have democracy. When it came to the issue of voter in- old, two of his mother’s best friends ask then-President Obama to give us a timidation—why did we raise that? Be- were diagnosed with breast cancer and waiver so we could extend Medicare cause there was a call to arms from passed away before they reached the coverage early on under the Affordable some of the militia groups and others age of 50. As Alex moved into high Care Act. He gave us the waiver. We school, his mother was diagnosed with in this country to harass voters. covered 120,000 people with Medicaid She wouldn’t tell us whether she breast cancer. Thankfully, she got protection, and one of them was Paul. thought voter intimidation was unlaw- treatment, and today, 20 years later, He was able to access the care he need- ful. She wouldn’t even answer a ques- she is still in remission. Later, in high ed, including 45 radiation treatments, tion I asked her in writing as to wheth- school, Alex lost his young cousin to totaling an insurance cost of $175,000. er President Trump was legally accu- leukemia. Shortly after that, his aunt Today, Paul is cancer-free. He still rate in saying: ‘‘I have an Article II, passed away from lung cancer. depends on the Affordable Care Act for where I have the right to do whatever Alex emphasized that all of these preventive screenings under Medicare. I want as president.’’ Black relatives and friends had their He currently takes seven medications— ‘‘Whatever I want as president.’’ cancer discovered at a late stage, dem- blood thinners, allergies, blood pres- Three separate branches, balance of onstrating a discrepancy in early sure, metformin. If the ACA were to be power—I thought that was in the Con- screening for communities of color. eliminated, he would be charged more stitution the originalists venerate. It The Affordable Care Act helped to ad- for those prescription drugs. was not enough for Amy Coney Barrett dress this disparity by ensuring free That is another thing we did with the to answer the question. She just said: preventive screenings, including in pri- Affordable Care Act. We reduced the It wouldn’t be appropriate. You know, vate insurance. cost of prescription drugs for people a case may come before us someday— Hear that. Ten years ago, when we under Medicare. When it is eliminated, you never know. passed this law, we ensured that people that reduction will disappear. That is troubling. It is not a question could get private screenings—early pri- If Republicans succeed in termi- of respecting her prerogatives as a fu- vate screenings for the detection of a nating the Affordable Care Act at the ture Justice; it is a question of dodging

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.240 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6457 a question over and over and over committed a felony,’’ or could you be percent of the country. So, no I’m not again. denied the right to vote if you just an originalist.’’ At one point, Senator KENNEDY, who committed a felony—not a violent fel- So let’s be very honest about that will be speaking here shortly, asked ony in either case. Constitution. Women could not vote in her about climate change. She said: I Well, she reached the conclusion that that original Constitution. African- really don’t have a view on that. You the right to bear arms and the right to Americans were not even counted as know, I hadn’t really thought about vote were two different kinds of rights; whole people; they were three-fifths of climate change. that the right to bear arms was indi- a citizen. And the list goes on. She is 48 years old, a lawyer, a law vidual, so Rickey Kanter, even if he I still venerate it for creating the de- school professor, a circuit judge, a committed a felony, could not be democracy we enjoy today, but I don’t mother of seven, and it never crossed nied a gun. But she went on to say that believe that the Founding Fathers her mind about climate change, as to when it came to the right to vote, that could possibly intuit where we are in even whether it exists? was a ‘‘civic’’ right and that as a con- America at this moment. What is at Judge Barrett refused to comment on sequence of it, if you committed a fel- stake with originalism is this battle the landmark Supreme Court decision ony—not even a violent felony—you with judicial activism. What is behind in Griswold v. Connecticut. That is the could lose your right to vote. What an this battle with judicial activism goes case in which the Supreme Court con- amazing conclusion. That is the back to this moment. Here are the words of historian firmed that there is a right to marital originalist’s mind at work. Heather Cox Richardson: ‘‘After World privacy and that criminalizing contra- I had to remind her that she lives in War II, under Chief Justice Earl War- ception violated that right. It was a the State of Indiana. Guns flow across ren, a Republican appointed by Presi- fundamental decision that led ulti- the border from Indiana into Illinois dent Dwight Eisenhower, and Chief mately to Roe v. Wade. She wouldn’t and the city of Chicago. We have a vio- Justice Warren Burger, a Republican even opine as to whether or not that lence problem in that city that is seri- appointed by Richard Nixon, the Su- was properly decided. ous and deadly every single darn week- preme Court set out to make all Amer- She wouldn’t commit herself—to end. Many of those guns—they trace icans equal before the law. 1950s, they recuse herself from election disputes them, incidentally, the Federal agen- tried to end segregation through Brown involving President Trump even cies do—20 percent of those guns come v. Board of Education, prohibiting ra- though his comments at a minimum from her State of Indiana and why cial segregation in public schools. In have created an appearance of parti- many of them—criminals go to Indi- 1965, they protected the rights of mar- ality that warrants her recusal under ana, and many come from gun shows ried couples to use contraception. In the judicial recusal statute. where there are no background checks. 1967, they legalized interracial mar- I asked her in the 30 minutes ini- So you know what happens. The gang riage. In 1973, with the Roe v. Wade de- tially that we were given to explain a bangers and thugs drive over to Indi- cision, they tried to give women con- 37-page dissent in Kanter v. Barr. This ana to a gun show, fill up the trunk of trol over their own reproduction by le- was a case where a fellow named Rick- a car with guns, and head to the streets galizing abortion. ey Kanter ended up defrauding the Fed- of Chicago. ‘‘The Justices based their decisions eral Government of millions of dollars. I said to her, she had to know this, on the due process clause of the 14th He was convicted of mail fraud. He living in South Bend, IN, with her kids Amendment, passed by Congress in 1866 ended up advertising that the cushions growing up there. If she knew that, and ratified in 1868 in the wake of the he had for shoes had been approved by how could she be on the side of making Civil War. Congress developed this Medicare. They had not. He then start- it easier for anybody to buy a gun who after the legislatures in former Confed- ed selling them in volume across the has been convicted of a felony? But she erate States passed ‘Black Codes’ se- United States, and he was caught at it did. Her originalism was at work. verely limiting the rights and protec- red-handed. He ended up with a mas- I want to say a word about tions for formerly enslaved people. sive, multimillion-dollar civil settle- originalism. Originalism is not just Congress intended for the 14th Amend- ment, with a substantial fine and pen- some foreign language you pick up on ment to enable the Federal Govern- alty and 1 year in Federal prison. Babbel. It is a mindset. It is a mission ment to guarantee that African Ameri- He came out after his year in Federal statement. It is the belief that original cans had the same rights as White prison and said: I will tell you what is text in the Constitution reveals all the Americans, even in States where legis- unfair. After all I have been through, I answers to today’s challenges. latures want to keep them in some can’t buy an AK–47. What is wrong Now, all of us here have taken an form of quasi-slavery. Justices in the with my Second Amendment rights? oath to support and defend the Con- Warren and Burger Courts used that That was the case—Rickey Kanter’s stitution. I don’t take an oath lightly, same amendment to protect civil Second Amendment rights to buy a and I am sure none of my colleagues do rights a century later. They argued gun. either. But the question is about that that the 14th Amendment required that So he brought this case before a document itself. Does it have in its en- the bill of rights apply to state govern- three-judge panel on the Seventh Cir- tirety what we need to know about our ments as well as the federal govern- cuit, where Amy Coney Barrett was rights today in dealing with the con- ment. This is known as the incorpora- presiding with two other judges, and stitutional issues that come before us? tion doctrine, but the name matters said: I want to assert my Second Let me mention to you what the less than the concept: states cannot Amendment rights. It is just not fair, mayor of Chicago said a week ago when abridge the individual rights any more after what I have been convicted of, to she was asked about originalism. than the federal government. This doc- say that I should be denied the right to Lori Lightfoot said: ‘‘Since the Con- trine dramatically expanded civil buy a gun. stitution didn’t consider me a person in rights. Amy Coney Barrett spent 37 pages any way, shape or form because I’m a ‘‘But from the beginning, there was a explaining why he was right, and the woman, because I’m Black, because I’m backlash against New Deal government other two judges on the case went the gay, I am not an originalist.’’ Light- by businesses who objected to the idea other way in a hurry—both Republican foot said, ‘‘I believe in the Constitu- of federal regulation and the bureauc- appointees, I might add. But she stuck tion. I believe that it’s a document racy it would require. As early as 1937, to her guns, so to speak, and said that that the founders intended to evolve, they were demanding to end the active as far as Rickey Kanter was concerned, and what they did was set the frame- government—active government—and it was just fundamentally unfair, you work for how our country was going to return to the world of the 1920s where see, because he was just convicted of a be different than any other, and what- businessmen could do as they wished, felony, not a violent felony. Really? ever was there in the original lan- family and churches managed social Then she went a step further in the guage. But originalists say that, ‘Let’s welfare and private interests profited issue of voting rights. She really got go back to 1776 and whatever was there from infrastructure projects. They down to the basic question: Could you in the original language, that’s it.’ gained little traction; the vast major- be denied to buy a gun if you ‘‘just That language excluded, now, over 50 ity of Americans liked the new system.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.258 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6458 CONGRESSIONAL RECORD — SENATE October 25, 2020 But the expansion of civil rights under the President’s tweets and promises, I The East Troublesome Fire, which is the Warren and Burger Courts was a would like to ask her to pledge to the the Medicine Bow-Routt National For- whole new kettle of fish.’’ American people that whatever the est and Thunder Basin National Grass- What I am sharing with you here is Senate does, she will not take the oath land, has a Type 1 management team an amazing summary of Heather Cox of office until a new President is sworn already assigned. It is the No. 1 pri- Richardson. ‘‘Opponents of the new de- in. If it is a reelection of President ority of the U.S. Forest Service in the cisions insisted the court was engaging Trump, so be it. If it is Joe Biden, so be country right now because of the ag- in’’—hold on tight—‘‘’judicial activ- it. But if she will wait and absent her- gressive fire behavior, with spotting ism’’’ in trying to strike down dis- self from any election contest or de- that has threatened places like Estes crimination and bigotry—‘‘taking bate on the Affordable Care Act, it will Park. There are evacuations, road clo- away from voters the right to make start to remove this cloud of doubt, sures, trail closures, and has over 500 the decisions about how society should this orange cloud of doubt which is people, right now, assigned to this fire. work.’’ They said Justices were ‘‘legis- over her nomination. The Cameron Peak Fire has about lating from the bench.’’ I am going to stand up for the con- 1,100 personnel working on the fire Heard that before? stituents I have talked about today right now. We know about 470 struc- ‘‘They insisted the Constitution is and so many others whose futures hang tures have been lost. It is over 208,000 limited by the views of its framers, in the balance, and I will vote no on acres. that the government can do nothing Judge Amy Coney Barrett. The Calwood Fire in Boulder County not explicitly written in that 1787 doc- I yield the floor. has a Type 2 management team fight- ument. Faced with confusion over the The PRESIDING OFFICER. The Sen- ing the fire right now. Their evacu- ator from Colorado. exact meaning of the Constitution, ation is in effect. There are nearly 400 some revised their position in a few COLORADO WILDFIRES people fighting this fire. There were 28 ways. One was to rely on textualism or Mr. GARDNER. Mr. President, I look structures lost. originalism, the idea that a law says forward to coming to the floor and The Ice Fire—an ironic name—in the exactly what it says and nothing else. speaking about the nomination that is San Juan National Forest, near This is the foundation for today’s currently before the U.S. Senate, the Silverton, CO, we know that it is about ‘originalists’ like [Amy Coney] Bar- nomination of Judge Barrett to be 600 acres right now. rett.’’ placed on the U.S. Supreme Court, but There is the Williams Fork Fire, When you hear this debate, ‘‘I am at this point, I think it is important which has been burning for months in just following the Constitution. I am that we talk about what is happening Colorado and Grand County. In just following the text. I want to go to in Colorado as we speak because of the Arapahoe and Roosevelt National For- the original document. I don’t want to heroic men and women who continue to ests, we know that there have been sev- see judges who are activists,’’ it had its fight our Nation’s fires and certainly eral communities and energy infra- origin in the 1950s when two Justices the devastating and catastrophic fires structure threatened by all these fires. on the Supreme Court appointed by Re- that we are seeing right now in Colo- If you think about this entire town publicans stepped up and said: It is rado. being evacuated, in the Colorado-Big This year we have already seen two time for us to be serious about civil Thompson Project, which provides a of the largest fires in Colorado history rights in America. Some politicians great deal of water to the Front Range burning over 200,000 acres—wildfires of Colorado and through the South and those who support them have never that started out at 20,000 acres, 25,000 Platte River Valley, diversions were gotten over it, and we are still debat- acres, and then within hours grew 80-, stopped, energy production impacted, ing it today. 90-, 100,000 acres in a day. It is unheard Let me conclude. I see my colleagues and major utility transmission lines of growth for wildfires. waiting patiently. I am sorry it took a The picture that I am showing you have been lost. long time, but this is as serious as it here is Estes Park, CO. Most people And, of course, there is the loss to gets, as far as I am concerned. may be familiar with Estes Park. It is some of the most magnificent areas of Let me conclude by saying this: the gateway to Rocky Mountain Na- Rocky Mountain National Park, per- There are so many issues of critical im- tional Park. You can see Lake Estes haps an untold story that we will learn portance at risk in what we are about here and the town here. The town has about in the coming days. to do. The 6-to-3 conservative majority been evacuated. A town of thousands of This Congress and past Congresses in the Supreme Court will challenge people has been evacuated because of have not been idle in the work that we not only the future of the Affordable two fires that are now threatening the have done to protect our resources. In Care Act but voting rights and the out- area. fact, in this last Congress, we put an come of an election, the right of pri- One fire is the Cameron Peak Fire, end to a practice that was known as vacy and choice, civil rights, environ- which became the largest fire in the ‘‘fire borrowing,’’ which involved raid- mental protections, marriage equality, State’s history, only to be challenged ing accounts that were not meant to go worker protections, the fate of Dream- by another fire coming through Rocky to suppression of wildfires to pay for ers, gun safety laws, and so much Mountain National Park called the increasingly expensive firefighter sea- more. East Troublesome Fire. Both are im- sons. We asked Amy Coney Barrett repeat- pacting Rocky Mountain National The fix for fire borrowing was in- edly, many of us did: Because the Park. The city of Estes Park, the city cluded in the 2018 spending package. President has said he put you on the of Grand Lake, and the city of Granby, What that means is we will no longer Court with a mission, and you are de- overnight, they did receive a winter be cannibalizing funding for fuel reduc- nying that took place, will you at least storm. It is snowing now, and it is re- tion for mitigation that could have promise us that you will recuse your- ducing the fire activity. It will not put prevented a fire like this. Instead, we self from cases directly relating to the fire out. But my prayers and will be fully funding the firefighting ef- these issues? And she said she might, thoughts continue with the men and fort and allowing those mitigation dol- she might not; there was a process she women who are fighting this fire so lars and those fuel reduction dollars to might follow. valiantly and the people in these com- be continued to be used so we can pre- There is something else she could do. munities who are in harm’s way. vent this kind of fire from occurring. You see, if this Senate goes forward We know that homes have been lost. We have also passed legislation for and approves the nomination of Amy We don’t know how many, but we know water resilience projects and categor- Coney Barrett, she has one last deci- that homes have been lost, and we cer- ical exclusions to help with forest man- sion before she becomes a Supreme tainly acknowledge the loss of life that agement. We passed Healthy Forest Court Justice. She gets to choose the has already occurred. A couple in Restoration Act language that includes day when she is sworn in. I would like Grand Lake, who stayed in their home fire and fuel breaks. We have worked to suggest to her, for the integrity of when the fire came through—they were on 20-year stewardship contracts with the Court and to remove any possible together, but we pray for them and cottonwood reform. We have proceeded cloud over her nomination created by their families, and we mourn their loss. with reforms to fire hazard mapping

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.260 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6459 initiatives and to fuels management School. She finished first in her class. now at the Federal level is a giant for protection of electric transmission She clerked for two of the most distin- rogue beast. It enjoys power once only lines and Good Neighbor Authority to guished jurists in this country—the known by Kings and Queens. The ad- help make sure we continue to give late Justice Scalia and Judge Silber- ministrative state makes its own laws, tools to our land managers. man. She was a chaired professor at called rules; interprets its own laws; The 2018 farm bill built upon many of Notre Dame Law School. She is now a and enforces its own laws before judges the reforms that we passed in the 2014 member of the Seventh Circuit Court that the bureaucracy itself appoints. farm bill changes. We have worked to of Appeals. Any fairminded person who We in the U.S. Congress have allowed expand the Collaborative Forest Res- reads her legal writings and her opin- that. The judiciary has helped the ad- toration Program. We doubled its fund- ions would come away impressed. ministrative state gather that power as ing to help expand Good Neighbor Au- If you judged Judge Barrett solely on well. thorities to Tribes and to counties. All her integrity, her confirmation vote As you know, there is a rule called of these tools will help us deal with the should be unanimous. We all watched the Chevron doctrine. I won’t bore you wildfires, but, certainly, they are not her almost 30 hours of testimony. We with the details, but it basically says going to put this fire out today. all know now about her beautiful fam- that if the administrative state—the So I come to the floor just to thank ily. She has seven beautiful children, bureaucracy—interprets a rule or regu- the men and women who are fighting two of whom are adopted and two of lation or even a statute in a ‘‘reason- these fires. To the leaders in these whom happen to be children of color. able way,’’ whatever that is, the judici- communities, the county commis- She is a devout Christian. ary is going to defer to them. The U.S. sioners, the sheriffs, the law enforce- If you talk to her former students, to Congress has also ceded much of its ment personnel, first responders who her colleagues, and to her critics, who power to the judiciary, and we have have done a magnificent job in pro- know her well, they will all tell you had many Federal judges that greedily tecting structures, protecting their that she is a person of integrity. And if accepted it. communities, protecting their people, I you don’t want to believe any of those The reason that we will not have a unanimous vote for this eminently commend you, and know that you have people—I wish you could, and I know qualified nominated jurist is because of the support of everybody here in our ef- the Presiding Officer can—but I wish that. Some people in America and some forts to give you the tools you need to the American people could see her FBI of my colleagues like the fact that the do your jobs, to be safe, and to protect background check. The Presiding Offi- U.S. Supreme Court, for the last 60 our greatest resources and commu- cer and I know that when the FBI years, has not demonstrated judicial nities. checks your background, it is kind of a restraint. So, again, I look forward to coming combination between an endoscopy and Now, I am not going to stand here to the floor to speak about Judge Bar- a colonoscopy. They are pretty thor- and tell you that the U.S. Supreme rett and her nomination, but, for now, ough. There is not a hint of scandal. Court doesn’t make law. Of course it If Judge Barrett were being judged on I think it is important that we take makes law. It makes law in a par- the basis of her temperament, she this time to recognize the challenge ticular case—one side wins; one side would be a unanimous choice as well. that Colorado faces and the need for loses. Sometimes the U.S. Supreme We saw that in her 30 hours of testi- continued work in this Chamber to ad- Court makes law at the direction of mony. She listens well. She answers dress forest management and Healthy Congress and at the direction of our truthfully. She suffers fools gladly. I Forest Initiatives to make sure that we Founders. can prevent these fires. was just so impressed watching her. Our Constitution only prohibits un- These are some of the original beetle The reason that Judge Barrett will reasonable searches and seizures. We kill areas that came in 30, 40 years ago. not be a unanimous choice, at least look to Federal judges to the U.S. Su- It was an insect that deadened and within this body, has to do with a little preme Court to tell us what ‘‘reason- downed trees that we knew at some bit of history. This is one person’s able’’ and ‘‘unreasonable’’ means, but point could be a major challenge if point of view, but I think history will in all cases our Federal judges and the there was a fire, and that is exactly prove that I am correct. For the last 60 U.S. Supreme Court is supposed to what we are seeing. years in America, we have been moving demonstrate judicial restraint. When it I hope that all of my colleagues will from a representative government and is a close question, when it is a matter join me in prayers for our State and more to what I will call declarative of social—major social or economic States across the country that have government. We, as you know, are a de- policy, then the Federal judiciary is been affected by wildfires and know mocracy. We are not a pure democracy, supposed to show deference to the U.S. that we have more work to do to pre- unlike Athens, for example. When we Congress, but more and more it does vent the loss of some of our greatest have to make a decision on social or not. natural resources. economic policy, each of us doesn’t put Some Americans like that. Some of I yield the floor. on a fresh toga and go down to the my colleagues in this Chamber like The PRESIDING OFFICER. The Sen- forum or the public square and vote. that. They think that the U.S. Su- ator from Louisiana. We elect representatives to make those preme Court ought to be a mini-Con- NOMINATION OF AMY CONEY BARRETT decisions for us at the Federal level. gress. They think that the U.S. Su- Mr. KENNEDY. Mr. President, I They are called Members of Congress, preme Court should be a political body. would like to spend a few minutes talk- and they are accountable. The people They like the fact that if they can’t ing about the nomination of Judge have given their power to our rep- pass a law changing social and eco- Amy Coney Barrett to be an Associate resentatives, and if those representa- nomic policy through the U.S. Con- Justice of the U.S. Supreme Court. It is tives don’t exercise that power in mak- gress, they get a second bite at the horribly newsworthy to say that Judge ing social and economic policy, those apple and can go to the U.S. Supreme Barrett’s confirmation vote will not be representatives can be unelected. Court. I don’t believe that is constitu- unanimous. It should be. It won’t be. But in the last 60 years, in some tional nor does Judge Barrett, I have If you judged Judge Barrett solely on cases voluntarily and in some cases in- concluded after 30 hours of testimony, her intellect and her academic achieve- voluntarily, this body, the U.S. Con- and that is why her confirmation will ments, certainly her nomination gress, which under our Constitution is not be unanimous in this body. should be unanimous. Any fairminded supposed to make social and economic Let me tell you what I believe—and I person would have to be impressed. She policy as representatives of the people, will preface this by saying, after listen- is an honors graduate of St. Mary’s Do- has, as I said, in some cases voluntarily ing to Judge Barrett for 30 hours, this minican High School in New Orleans, and in some cases involuntarily, ceded is what I believe she believes: I believe one of the finest schools in this coun- our power—ceded it to the administra- that Madison and his colleagues got it try. She is an honors graduate of tive state and to the judiciary. right. I believe that we should have Rhodes College in Memphis, an ex- Let me talk for a moment about the three equal branches of government. I traordinary liberal arts school. She is administrative state. Some would call believe we should have checks and bal- an honors graduate of Notre Dame Law it the bureaucracy. The bureaucracy ances. I believe that just because those

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.242 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6460 CONGRESSIONAL RECORD — SENATE October 25, 2020 branches of government are equal, that for equality for millions of Americans. Judiciary Committee Republicans doesn’t mean they are the same. I I will not repeat those words today, ex- spent last week crying foul, com- think their Founders intended each of cept to say that Justice Ginsburg’s plaining that it is fearmongering to those branches to have their own spe- life’s work left our nation a more per- claim that they see this vacancy as an cial role, scope, and mission. fect union. We will forever be in her opportunity to overturn the ACA. But I also believe that our Founders felt debt. fear mongering implies that we’re not they were laying the foundation for a A day after we gathered in Statuary talking about the facts. So let’s review representative democracy, that Con- Hall, with the nation in mourning—and some basic facts. gress would make the important eco- days before Justice Ginsburg was laid It is the Republican Attorneys Gen- nomic and social policy in this coun- to rest with her husband in Arlington eral who are asking the Court to throw try; that when we talk about how soci- Cemetery—the President held a out the entire ACA. Not just part of eties meet our human needs, our Amer- celebratory ceremony to nominate her it—all of it. It is the Trump Justice De- icans meet their human needs in terms replacement. The masks were off at partment that has sided with the Re- of security, education, work, health, that Rose Garden ceremony, in more publican-led lawsuit. And it is this Re- and well-being, that those decisions ways than one. Republicans made it publican-led Senate, in a vote just would be made by the people, not by clear they would stop at nothing to weeks ago, that gave the green light to the judiciary or the bureaucracy. They confirm Justice Ginsburg’s replace- the Trump Justice Department to take would then be made by people through ment before a Presidential election this position—a position that, if suc- their elective representatives. just weeks away. Yes, the masks were cessful, would terminate health insur- I believe that our Founders intended off. ance for more than 20 million Ameri- Federal judges’ role to be to tell us From that moment, the confirmation cans, terminate the Medicaid expan- what the law is as enacted by Congress, process for Judge Amy Coney Barrett sion for 15 million more, and terminate not what the law ought to be. I believe has been a caricature of illegitimacy. I protections for 130 million Americans our Founders intended for Federal will not dispute that it is the responsi- with preexisting conditions. While dis- judges to call the balls and the bility of this body to consider Justice appointing, this Senate vote was hard- strikes—sometimes in doing so making Ginsburg’s replacement to the Supreme ly surprising. Republicans in Congress law in a particular case, but to call the Court. But this is not how we should do have now voted to repeal or gut the balls and the strikes, as Justice Rob- it. ACA at least 70 times—seventy, as in Not during such a polarizing time for erts put it. And in doing so, I don’t be- seven-zero. our country, just one week from a lieve our Founders intended for Federal As if Republicans could not be clear- Presidential election after more than judges to be able to draw their own er about their intentions, just days ago 57 million Americans have already strike zone. President Trump was asked on na- voted. Not at the expense of every I do not believe that our Founders in- tional television about the fate of the precedent and principle this institution tended for Federal judges to be politi- ACA before the Supreme Court. He once stood for. Not when doing so re- cians in robes. I do not believe that our said: ‘‘I hope that they end it. It’ll be quires that half of the United States Founders intended Federal judges— so good if they end it.’’ Senate go back on their word, contra- and, certainly, not members of the U.S. Like Captain Ahab of Herman dicting every argument they once Supreme Court—to be able to rewrite Melville’s Moby Dick, Republicans made about Supreme Court vacancies the U.S. Constitution to satisfy some have been single-mindedly obsessed during an election year. Not when this political or social agenda every other with killing the ACA—their great sprint to confirm Judge Barrett gave white whale—since the moment the Thursday that the American people the Judiciary Committee just 2 weeks law was enacted. Having failed thus far will not accept through their elected to prepare for her hearings, when the in both Congress and the courts, they Members of this body and the House of Committee has afforded itself three see Judge Barrett as the final harpoon Representatives. It is called judicial re- times as long to vet other modern to once and for all end the law. So straint. nominees to our nation’s highest court. Judge Barrett shares it. It is con- Not when records of Judge Barrett’s when Republicans plead innocent and troversial. It shouldn’t be. But that is undisclosed speeches and materials claim they have no intentions of tak- why, in my judgment, her confirmation have continued to pour in, even after ing away people’s health care protec- vote will not be unanimous. I will be her hearings, revealing what a slipshod tions, Americans will remember that voting for Judge Barrett. I will be process this has been from start to fin- their actions speak much louder than doing so enthusiastically. ish. And not when the Senate is doing their words. She is one of the finest legal minds I nothing—nothing—to pass a des- And Republicans have yet another have ever seen, and she understands perately needed COVID relief bill. horse in this race—that is, the actual the role of the U.S. Supreme Court Every Senator knows in their heart race for the White House and Congress. under our Constitution. this is wrong. Always one to say the quiet part out I yield the floor to the senior Senator Senator MCCONNELL ramming this loud, President Trump has repeatedly from Vermont. nomination through no matter the stated his expectation that his nomi- The PRESIDING OFFICER. The Sen- cost, while worrying about the politics nee will side with him in any election- ator from Vermont. of providing relief to millions of Amer- related dispute. Baselessly claiming Mr. LEAHY. Mr. President, just 4 icans suffering during this still-wors- that Democrats have ‘‘rigged’’ the elec- weeks ago, Members of the Senate ening pandemic—which has left 225,000 tion and falsely labeling mail-in bal- gathered just down the hallway in Americans dead—says everything one lots as a ‘‘scam,’’ President Trump Statuary Hall. We gathered to honor needs to know about the priorities of promises to challenge any election loss Justice Ruth Bader Ginsburg, the first today’s Republican Party. Yes, the in the courts. That’s why he says ‘‘it’s woman to lie in state at the U.S. Cap- masks are off. very important that we have nine jus- itol. Justice Ginsburg was a trail- It is far from a secret why President tices.’’ Another Republican on the Ju- blazer, a woman who may have stood Trump and Senate Republicans are diciary Committee has echoed the at just over five feet tall but was none- hell-bent on confirming Judge Barrett President, claiming that the ‘‘entire theless a giant of the law. The nation before Election Day. All you have to do reason’’ they need Judge Barrett con- grieved for her, not simply because she is look at the calendar: On November firmed now is to ensure that no elec- wasa a brilliant lawyer and Justice, 10, the Supreme Court will hear argu- tion-related dispute is deadlocked in a but because she was a fighter. And she ments in California v. Texas, the Re- 4 to 4 decision. Mind you, I do not re- fought for those who needed fighting publican-led lawsuit to strike down the call Republicans making this argument for most—Americans for whom the Affordable Care Act. And Republicans when they blocked Judge Merrick Gar- promise of America was still just a see a Justice Barrett as an insurance land from receiving a vote for 8 months promise. policy to ensure there will be a five- prior to the last presidential election. I have spoken at length about what vote majority to finally strike down Just this week, we have seen why Re- Justice Ginsburg meant to the struggle the law. publicans are all of a sudden so anxious

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.244 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6461 to have a ninth justice seated before would not state whether it is illegal to based on her testimony, I believe a Jus- Election Day. The Republican Party is intimidate voters at the polls, despite tice Barrett would set the clock back waging an all-out war on voting in the federal law explicitly making voter in- decades on all of the rights that Ameri- courts right now, with the goal of timidation a criminal offense. I’ve cans have fought so hard to achieve disenfranchising as many minority, never seen a self-described originalist and protect. poor, elderly, vulnerable, and young so hesitant to merely restate the plain I have said that Justice Ginsburg voters as possible. Knowing that voters text of our Constitution and laws. would have dissented from this process. are relying on mail-in ballots in the In fact, Judge Barrett refused to say The least I can do is join her. I will midst of the COVID–19 pandemic, Re- much of anything about pretty much vote no. publicans are unapologetically fighting everything. She refused to answer over I yield the floor. State and local attempts to make ab- 100 questions during her hearings and The PRESIDING OFFICER. The Sen- ator from Texas. sentee voting easier. over 150 written questions. She did so Mr. CORNYN. Mr. President, it is a And it’s clear that Republicans be- by spuriously invoking the so-called privilege to serve with the Senator lieve having Judge Barrett on the ‘‘Ginsburg rule,’’ which falsely pur- from Vermont on the Senate Judiciary Court will help them to suppress the ports that the late Justice Ginsburg Committee. He and I have been called, vote. Last week, deadlocked 4 to 4, the avoided answering any and all sub- maybe, the odd couple on a number of Supreme Court left in place a Pennsyl- stantive questions during her con- issues like Freedom of Information Act vania supreme court order requiring of- firmation hearings. reform and other matters. So we find Well, I participated in Justice Gins- ficials to count absentee ballots re- ourselves aligned on that important ceived within 3 days of the election. burg’s hearings. Justice Ginsburg gave issue, the importance of the public’s Yesterday, anticipating Judge detailed answers on a number of con- right to know. Barrett’s imminent confirmation may stitutional issues, including unequivo- But it won’t surprise anybody to tip the scale, the Pennsylvania Repub- cally affirming her belief that a wom- know—it certainly doesn’t surprise lican Party asked the Supreme Court an’s right to choose is central to her him to know—he and I have a different to review the case again—less than a dignity. In all, Justice Ginsburg took point of view on this nominee and on a week after losing the first time. clear positions on dozens and dozens of few other topics as well. Unfortunately, for her part, Judge cases during her hearings. In stark con- One of the ones I wanted to talk Barrett said nothing during her hear- trast, Judge Barrett wouldn’t even re- about briefly at the very beginning was ings last week to assuage the American state—not even comment on or discuss, the so-called Ginsburg rule. people that she would be anything but but just restate—black letter law. Senator LEAHY was there and Joe a green light for the deeply harmful, I have never seen such top-to-bottom Biden was the chairman of the Judici- unpopular objectives of President refusals to answer basic questions in ary Committee back in 1993 when Jus- Trump and Republicans. the 16 Supreme Court confirmation tice Ginsburg—then a lawyer—was First and foremost, Judge Barrett re- hearings I have participated in. But in nominated for the Supreme Court. Her peatedly declined to distance herself some ways, it was only fitting that a record as a litigator for the American from her litany of anti-ACA comments confirmation process that has been a Civil Liberties Union placed her far and writings. She also repeatedly de- caricature of illegitimacy concluded outside of the mainstream of American clined to confirm whether she would with such hearings-hearings in which law. follow Supreme Court precedent up- the nominee wouldn’t even acknowl- She argued for legalized prostitution, holding the ACA. edge that masks inhibit the spread of against separate prisons for men and Judge Barrett once wrote: ‘‘However COVID–19, or that climate change is women, and had speculated that there cagey a justice may be at the nomina- real, or that voter discrimination ex- could be a constitutional right to po- tion stage, her approach to the Con- ists. I fear for what this means for the lygamy—certainly outside of the main- stitution becomes evident in . . . future of the Judiciary Committee’s stream of American legal opinion. [what] she writes.’’ Using Judge confirmation process, now that Repub- But when she was pressed time and Barrett’s own standard, then, one can- licans have reduced our committee’s again before Republicans to talk about those views, she said she would not an- not escape the conclusion that she will role to a mindless rubberstamp of a swer those questions. She cited, appro- view the ACA as a Justice the same President’s nominees, just as they have priately, Canon 5 of the Model Code of way she has always viewed the ACA: diminished the Senate to a subordinate Judicial Conduct, which, among other unconstitutional and unsalvageable. arm of the executive branch. things, forbids Federal judges or judi- My concerns only grew when Judge The Republican argument for pro- cial candidates from indicating how Barrett refused to commit to recusing ceeding in this way, just 1 week from a they will likely vote on issues that herself from any election-related dis- Presidential election, boils down to may come before the courts or from putes. President Trump has put Judge this: We have the votes, so anything Barrett in an unenviable position by making any statement that would cre- goes. Yet, having the power to do ate the appearance that they were not making it impossible for Americans something does not make it right. The impartial. not to question her impartiality should damage that will be left in the wake of This rule is absolutely critical to an she vote in his favor in an election dis- this confirmation will stain this body independent judiciary because judges pute. If a Justice Barrett votes to for generations. When the word of a must remain open-minded and be able throw the election for President senator is rendered meaningless, when to decide an actual case without pre- Trump, I fear not just the Court but the words ‘‘Advice and Consent’’ are judging that matter before it comes be- our democracy itself would suffer an rendered meaningless, then this insti- fore them. Can you imagine what it existential blow to its legitimacy. tution will be rendered meaningless. would be like if you were a party to a My concerns grew into alarm when Justice Ginsburg left us with a more lawsuit and came before a judge who Judge Barrett refused to affirm even equal and more perfect union. She had made a statement committing to a the most basic tenets of our democ- stood up for the right to vote. She particular outcome during their judi- racy. She would not affirm to me that stood up for the environment, and for cial confirmation hearing? Well, the a president must comply with a court holding all those in power accountable. unfairness of that is obvious. order and the Supreme Court has the She stood up for the rights of women to So I think Judge Barrett did what final word. She would not state wheth- be free from discrimination, to control Justice Ginsburg did when she was be- er the President can unilaterally post- their own bodies, and to be equal to fore the Judiciary Committee, what we pone a Presidential election, despite men. expect all nominees to do, and that is the law clearly stating he cannot. She She stood up for the rights of minori- to not prejudge cases and to not give would not affirm to me whether our ties, the rights of the LGBTQ commu- any hint or prediction of outcomes or Constitution contemplates a peaceful nity, and the rights of all those who run on a platform or an agenda. transition of power, despite the 20th have been marginalized. My view is that, if you had a judge Amendment laying out the procedures Judge Barrett, if confirmed, will not. who did or a nominee who did come be- for precisely such a transition. And she Based on my review of her record and fore the Judiciary Committee and

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.158 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6462 CONGRESSIONAL RECORD — SENATE October 25, 2020 make those sorts of commitments, that Justice Roberts said during his con- and that is she went to her professor would be disqualifying in and of itself. firmation hearing, umpires calling and shared the weight she was car- That person ought to run for Congress. balls and strikes. We all understand rying—a weight Judge Barrett eagerly They ought to run for city council. the difference between an umpire and a picked up, saying to her: This is no They ought to run for the school board. player, and, simply said, judges aren’t longer your problem; this is my prob- They should not be a Federal judge. players; they just call balls and lem. That is not what Federal judges are strikes, and they make sure the rules Laura described the relief and grati- supposed to do. of the game are enforced. tude she felt for her professor’s kind- So I think Judge Barrett did exactly Judges should have no biases, no fa- ness and generosity, not only during what a judge should do when they are vorites, no preferred outcomes. But this interaction but in the years of sup- confirmed. We still got to ask her a lot somehow, in their anger about this port and encouragement that have fol- of questions, as Senator KENNEDY nominee and about the fact that she lowed. I found Laura’s testimony in- pointed out, over the 30-plus hours of will fill the vacancy left by the death credibly powerful and a shining exam- questioning, and she was extraor- of Ruth Bader Ginsburg, somehow our ple of the character that Judge Barrett dinary. friends across the aisle seem to have will bring to the Supreme Court. It is obvious she had great command forgotten what the most basic role of We have all come to appreciate Amy of the subject matter. There was a spe- judges is in America. Again, they Coney Barrett, the person—a woman of cial moment where I noticed she wasn’t pressed her, asking: How do you feel great integrity, humility, and compas- taking any notes or writing anything about climate change? How do you feel sion who will bring tremendous value down or referring to anything, and it about abortion? How do you feel about to the highest Court in the land. I am struck me how strange it was, what a every other hot-button issue that they confident that if our colleagues across contrast it was that each of us, as could think of, and she appropriately the aisle had any good argument ad- members of the committee, had a small invoked the Ginsburg rule and would dressing her qualifications or character army of staff around us, that they had not comment. Exactly what she should or integrity, we would hear about it. read every case, they had prepared big be doing. The only thing that I have heard three-ring notebooks of information for The other thing that I think is re- them say, which I cannot believe that us to get prepared to question the markable about this nominee is she is they believe, is that somehow this is judge—but the judge had nothing in obviously somebody who has soared to part of some great conspiracy to defeat front of her. the very heights of the legal profes- the Affordable Care Act. You know And I asked her to hold up what was sion—teaching, being a judge on the what our colleagues across the aisle sitting in front of her, and it was an Seventh Circuit, both of which qualify failed to mention? The merits of the empty legal pad—an empty notepad, her for this job. But she is also a per- Affordable Care Act is not even before excuse me—that bore the name ‘‘U.S. son of great integrity and character. the Supreme Court of the United Senate’’ on the ink pad but nothing It takes self-restraint, it takes self- States. It is a technical issue with re- that she had written down. discipline not to use the power that gard to severability. It is a doctrine So it, I think, spoke volumes about Federal judges have to impose your that says that if judges find part of a her command of the subject matter and own view or to choose a result. That statute unconstitutional—here, for ex- her fitness for this particular job. takes a lot of self-restraint and self- ample, the individual mandate, which We have all talked about the support discipline, and she has demonstrated thanks to the Tax Cuts and Jobs Act, she has from professors at Notre Dame, her commitment to that judicial phi- that penalty has been reduced to zero— where she has taught for a number of losophy and that approach. whether if, in fact, that portion of the years, highlighting her impressive in- During the final days of soon-to-be Affordable Care Act is unconstitu- tellect, her elegant legal analysis, and Judge Barrett’s confirmation hearing, tional, whether the whole act fails or her manifest judicial temperament. we heard from a number of witnesses not. But judges are told to presume the Eighty-one former law school class- about her, their experience working constitutionality of statutes—to pre- mates from diverse political and other with her. I believe one of the most sume them. And so the burden is on backgrounds shared their collective moving testimonials came from one of those who would prove the unconsti- view that she embodies the ideal quali- her former students, a young lawyer tutionality to prove it. The burden is ties of a Supreme Court Justice. named Laura Wolk. Since graduating on them. If they can save a portion of We have heard from Noah Feldman, from Notre Dame Law School, Laura the law by severing it—that is the doc- Harvard University law professor, who has earned some highly coveted clerk- trine of severability—they must do it. tends to be more liberal, and he points ships, including for the Court of Ap- I am pretty optimistic that the Su- out that Judge Barrett is a brilliant peals for the DC Circuit and the U.S. preme Court, no matter how con- and conscientious lawyer who will ana- Supreme Court, just like her former stituted, will do exactly that—will fol- lyze and decide cases in good faith, ap- professor. low the traditional canons of construc- plying the jurisprudential principles to There is one fact about Laura that tion and guidance that judges apply in which she has committed. made her climb to these incredible cases like this. And really, the sugges- So, in short, Judge Barrett has the heights as a young lawyer all the more tion we heard, including from my qualities we should all look for in a impressive, and that is that she is friend from Vermont just a moment judge. I think it is telling that our blind. Throughout her life, Laura has ago, that this is part of a conspiracy to Democratic colleagues, when it came overcome barriers that exist for indi- appoint the judge to the Court so she time last Thursday to vote on this viduals who are blind or visually im- will then hear a case and result in a nomination, decided to boycott the paired, becoming the first blind person particular outcome is specious. It is markup. None of them appeared. None to clerk at the U.S. Supreme Court. also an insult—an insult to the judge’s of them voted. So the vote, literally, Laura spoke about her arrival at integrity and character—because she was unanimous. All of the Senators Notre Dame and the technology fail- could not in good conscience take the there present voted to vote the nomi- ures that were causing her to fall far- oath of a judge if she were part of a nee out of the Judiciary Committee ther and farther behind her peers. Obvi- conspiracy to rule in a particular way and recommended that that nomina- ously, she needed that technology that on a case—any case—in the future. And tion be sent to the floor. would help her compete. she said, unequivocally, that is not the I suppose, if they thought it would Settling into law school is tough for role of a judge. make any difference or they really had any student, and I can’t imagine the But that is the argument, and maybe something to say or a reason to vote fear and frustration that Laura felt as that is the best thing they have going, no, they would have shown up, but they she struggled to keep pace, at no fault and so they are sticking with it. It just did not. of her own, because she lacked the as- doesn’t make any sense. It is totally Judge Barrett exemplifies the fact sistive technologies she needed to com- out of character with everything we that judges aren’t players on a red pete on a level playing field. Laura did know about Amy Barrett as a person, team or a blue team; they are, as Chief what any student would do, I presume, as a lawyer, and as a judge.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.245 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6463 Instead of talking about the Supreme able populations that need to be pro- Perhaps, nothing is more at risk Court, we seem to hear another com- tected, particularly people in nursing right now than healthcare—the mon theme, and that is to say that we homes, assisted living facilities, the el- healthcare that Americans depend on. could be working on a COVID–19 relief derly, and those with underlying Exactly one week after election day, bill. We did pretty well through the end chronic illness. This virus can be dead- the Supreme Court, as we know, will of March working together on COVID– ly, and that is why we need to take it hear arguments in the case that could 19 relief. We passed four pieces of legis- seriously, wear our masks, socially dis- very well overturn the Affordable Care lation, totaling $3.8 trillion. But it has tance, and do all the things that the Act in the middle of a pandemic—in been a while since March, and we need Centers for Disease Control and other the middle of a deadly pandemic. to pass another COVID–19 relief bill for experts have advised. Republicans in Congress have tried to the individuals who are still suffering, Our Democratic colleagues have not repeal the healthcare law for 10 years through no fault of their own, who done anything to lift a finger to help now—10 years. And each time, people don’t have a paycheck—the enhanced people who are still hurting; people across our country, people across unemployment insurance benefits, the who are still anxious; people who are Michigan, have spoken out. They have Paycheck Protection Program that still worried about their health, about demanded that Republicans protect was so important to keeping small their children going safely back to their healthcare. Healthcare is not po- businesses’ ability to maintain their school, about whether a vaccine will be litical in the eyes of Americans. It is payroll. We need more money for test- available. personal. They want us to strengthen ing. We need to make sure that the Time after time, they blocked legis- and improve healthcare, not rip it therapeutics that have now come on- lation we have introduced in the Sen- away from them. But, unfortunately, line are available to people who are in- ate, since we passed the CARES Act in Republicans have voted more than 100 fected with the virus. We need to make March, and they have simply refused to times in those 10 years—more than 100 sure that the vaccine, once it is ap- provide care that is desperately needed, different times—to repeal the Afford- proved by the FDA, is available for dis- relief desperately needed by the Amer- able Care Act, and more than 100 times tribution. ican people. they have failed. That is why Senator MCCONNELL has My constituents in Texas, like the So now President Trump has turned repeatedly brought legislation to the rest of America, have waited months the job over to the courts. He expects floor to bolster our fight against the for additional relief. I am ashamed of Judge Barrett to, in his words, termi- virus at this critical time. In par- the fact that we could not find a way to nate the healthcare law. That is the ticular, the first bill he offered them come together and produce a result. I word of the person who nominated was to supply another half a trillion am ashamed of the fact that our Judge Barrett. He wouldn’t have nomi- dollars to help small businesses keep friends on the other side of the aisle nated her to the Supreme Court if he their doors open and their employees have forced them to wait even longer. didn’t trust that she would do just that. on the payroll; to help schools keep I yield floor. Judge Barrett has already called the their students and teachers safe; to The PRESIDING OFFICER. The Sen- ator from Michigan. Court’s previous decision to uphold the strengthen testing and invest, as I said, ACA ‘‘illegitimate.’’ She publicly criti- in the continued success of Operation Ms. STABENOW. Mr. President, today, I rise as our country faces a cized Chief Justice Roberts for uphold- Warp Speed. ing the law. She said that if the Su- What did our Democratic colleagues monumental choice. It is a choice preme Court reads the statute like she do? They voted no. They wouldn’t even about who we want to be as Americans does, they have no choice but to, in her get on the bill and then offer amend- and the future we want to build as Americans. All across our country this words, invalidate it. ments to make it more to their liking. This is not a mystery here about how year, we have seen Americans standing So they just blocked it. she is going to vote. It is very, very up and speaking out for greater equal- I think this is consistent with what clear. That would be a disaster for ity and greater justice. Our choice is we heard from Speaker PELOSI when Michigan families, a disaster for people she said that ‘‘nothing is better than this: Does the highest Court in the land all across our country. Protections for something.’’ It always strikes me as stand with the people of America as we the over 130 million Americans with very odd because I have always be- strive to build a more perfect Union, or preexisting conditions—gone. That lieved that something is better than does the Court side with the most pow- number is going up every day because nothing, but apparently not in this erful interests and most extreme views of COVID–19. strange environment leading up to this that will take our country backward in Bans on yearly and lifetime caps on November 3 election, which, unfortu- our quest for justice and equality? cancer treatments and other critical nately, I think is what is preventing us Judge Amy Coney Barrett does not care—gone. Healthy Michigan, which from passing a bill. stand on the side of the American peo- has helped more than 880,000 Michigan Many of our colleagues believe that ple. She does not represent mainstream residents get healthcare—gone. The leaving people anxious and worried and values—certainly, mainstream values ability for young adults up to age 26 to fearful, not only about their health but that we cherish in Michigan. be covered by their family’s health in- also about their economic cir- Right now, we are in the middle of a surance—gone. cumstances, advantages them leading pandemic. Over 225,000 Americans have You can also say goodbye to guaran- into the election. That is what they do. already died, and we are nowhere near teed maternity care so you are going to They want to stoke fear and uncer- getting it under control—nowhere. pay extra if you want to have children tainty on the part of the American peo- Instead of providing help to families, and have maternity care, free preven- ple. communities, and businesses that are tive health screenings, and birth con- When we offer concrete pieces of leg- suffering, Republicans are rushing trol without copays. islation that would help relieve that through. Here we are on a Sunday, not Seniors would see their drug prices anxiety, fear, and the sense that they talking about how we help people, help go up. The ACA closed the Medicare are not receiving any income—how are our small businesses, help our commu- prescription drug—what we call the you going to pay the bills or provide nities, do what needs to be done to get doughnut hole, the gap in coverage, for your family—repeatedly, they have this pandemic under control. No, we and saved the average Michigan senior voted it down. I just find that abso- are seeing a rush to get a Supreme more than $1,300 just in 6 years be- lutely shameful. Court nominee on the Court that will tween 2010 and 2016—$1,300. So here we are in October with 8.5 have disastrous consequences for our Seniors would have additional reason million confirmed cases of the virus. Nation, both for today and for decades to worry. During her confirmation When we talk about cases, that is kind to come. hearing, Judge Barrett refused to say of interesting. They are positive tests. On behalf of the majority of the peo- whether she believes Medicare and So- We know the vast majority of individ- ple of Michigan, I am strongly opposing cial Security are even constitutional. uals will have little, if any symptoms. this nomination, and I urge my col- As is often the case, American But we do know that there are vulner- leagues to do the same. women would have the most to lose if

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.246 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6464 CONGRESSIONAL RECORD — SENATE October 25, 2020 the ACA is overturned. Remember happening in our State. The climate nominated to the U.S. Supreme Court. when simply being a woman was con- crisis is already affecting Michigan ag- I want to talk about that. sidered a preexisting condition by in- riculture, our environment, our public I have something else to talk about surance companies, and we had to pay health, our Great Lakes. first because I think people know more? I do. Yet the threat of Justice A number of crucial cases dealing Judge Barrett by this time, but they Barrett goes far beyond insurance with the environment are likely to end may not know a couple of people they rates. The fundamental right for up at the Supreme Court in the next should know about. women to make basic choices about number of years, and the Court’s deci- Earlier this year, Aurash Zarkeshan our own healthcare, our own health, sions will have consequences that out- or ‘‘Zark.’’ Because of the complica- our own lives would be at risk. live any of us. Critically important to tions of his name, he is called that by Since Roe v. Wade was decided in all American citizens is what Justice most of his close friends. 1973, women in our country have had Barrett would mean for voting rights He was overjoyed. He had just grad- the right to make our own decisions and the results of the 2020 election. Let uated earlier this year from the Tulsa about reproductive choices that are me remind everyone that election day Police Academy and was sworn in as a best for our own health and our own isn’t November 3, it is every day up to police officer. That was his life’s ambi- family. It is among the rights that Jus- November 3. People are voting right tion. He was a guy who was so excited tice Ruth Bader Ginsburg spent her ca- now. If you have not voted, I hope you that he was taking that step. He was a reer defending, and it is not a right do and that you do it safely and do it shining example of everything that you that Judge Barrett respects. She has early, but voting ends on November 3. want in a new officer. He was bright, long aligned herself with organizations People are voting as we speak and engaged, committed to public service. devoted to eliminating a woman’s right whether or not those votes are counted He wanted to give back and make his to choose. She signed her name to a could very well depend on the U.S. Su- community a better place. That was letter calling for Roe v. Wade to be preme Court. him. overturned. Judge Barrett refused to say whether At the end of June, only 6 weeks on During her nomination hearing, she she believes voter discrimination ex- patrol, he pulled over a car for a rou- refused to say whether Roe v. Wade is ists. Voter discrimination. Given that tine traffic stop. As we all know, there Federal law. At its most basic, Roe v. 23 States have passed restrictive voting is no such thing as a routine law en- Wade is about undue government inter- laws since the Supreme Court’s Shelby forcement process. He and Sergeant ference. Think about that—undue gov- County v. Holder decision, it is pretty Craig Johnson pulled over a car, and ernment interference, which we hear a clear that voter discrimination exists. what happened next was horrifying and lot about from our friends on the other Judge Barrett has also refused to tragic. They were viciously shot in the side of the aisle. That is something recuse herself from rulings on cases re- head during that stop, despite many at- that Republicans deeply oppose, at lated to the outcome of the 2020 elec- tempts to deescalate the situation. least when it is corporations that need tion, even though President Trump is Tragically, Sergeant Johnson suc- defending from undue government in- rushing to make sure that she is there. cumbed to his injuries. While Zark re- terference. That is a clear conflict of interest if I mained in critical condition, Sergeant Reproductive rights are only one ever heard one. There is no right more Johnson left behind his wife Kristi and freedom, as critical as they are, as that fundamental than the right to vote—no sons, Connor and Clinton. That is him is, that are on the line right now. Over right more fundamental than the right here on the left—dashing young man. the past decade, we have made major to vote. Perhaps nobody knew that bet- In that moment of sorrow, the Tulsa progress in ensuring that our LGBTQ+ ter than our beloved colleague, the late community united in prayer and hope friends and neighbors aren’t discrimi- Congressman John Lewis. He once said for the recovery of Zark. Since the nated against simply for being them- this: shooting, Zark has undergone several selves. Yet Judge Barrett has openly My dear friends, your vote is precious, al- surgeries. He spent months recovering opposed this progress, including speak- most sacred. It is the most powerful non- in rehab. Throughout these months, ing out against the decision that made violent tool we have to create a more perfect Zark provided us with updates of his marriage equality the law of the land. union. recovery and the progress he has been She has even given numerous speeches A more perfect union; that is what making. He even called into a class of on behalf of the Alliance Defending we want, isn’t it? That is what we are new Tulsa Police Department recruits. Freedom, a rightwing organization working toward every day, I hope. That He also went in person to his squad that thinks being gay should be a is what Americans have been marching meeting and met with them. crime. for and speaking out for and bleeding His progress is truly remarkable. As Workers, too, could see their rights for and dying for as long as we have Tulsa Police Captain Kimberly Lee put evaporate under a Justice Barrett. Bar- been a nation. it, ‘‘He really is an example for all of rett would be just one more conserv- We face a crucial choice. I am choos- us.’’ That is exactly right. Zark is a ative Justice who will issue rulings ing to stand with the vast majority of hero. He persevered through extraor- that hurt the ability of workers to the American people on the side of jus- dinary pain and strife and is now mak- fight workplace mistreatment and dis- tice and equality. I urge a ‘‘no’’ vote on ing a speedy recovery. crimination, and to organize and col- Judge Barrett. The American people Last week, on October 15, Zark re- lectively bargain for wages, benefits, deserve much, much better. turned home from 3 months of rehab, and workplace protections. That is Mr. President, there is one other and he was met by friends and family what she did in her decision Wallace v. thing that I need to do before yielding and supporters who welcomed him with Grubhub Holdings in which she ruled the floor. I would yield my remaining open arms. Our mayor, G.T. Bynum, against workers who were denied over- postcloture time to the Democratic declared October 15 Officer Aurash time wages—against workers who were leader. Zarkeshan Day in the city of Tulsa and denied overtime wages that are pro- I yield the floor. proclaimed that Zark is ‘‘Tulsa’s tected by the Fair Labor Standards The PRESIDING OFFICER (Mr. Hope.’’ I couldn’t agree more. Zark em- Act. PORTMAN). The Senator has that right. bodies everything that makes Okla- If a Justice Barrett sides with the The Senator from Oklahoma. homa great. powerful against people, I think we all RECOGNIZING CRAIG JOHNSON AND AURASH Mr. President, I ask unanimous con- know what that means for the future of ZARKESHAN sent that proclamation be printed in our world. Mr. INHOFE. Mr. President, I actu- the RECORD at the conclusion of my re- During her confirmation hearing, ally listened to the comments that marks. Judge Barrett refused to say whether were made by my good friend from Zark wanted to give back to his com- or not she believes that climate change Michigan, but I have to say this, that munity, and he delivered. October 15 exists, saying she is not a scientist. she is talking about someone who is will hold a special place in the heart of You don’t need to be a scientist. Just considered by me and many others as the thousands of people who call Tulsa ask people in Michigan about what is arguably the most gifted jurist ever home.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.248 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6465 In August, I spoke on the Senate also looking forward to enjoying these was confirmed to the Seventh Circuit floor regarding the riots and anarchy simple things: his own bed, his dogs, by this body—and with Democratic happening around the country, but I his Whataburger—he has already been votes, I might add. Let me repeat that. was specifically referring to Portland, there twice—and the love and support She was confirmed on a bipartisan OR, and how these events and hateful of all Tulsans. basis only 3 years ago. But, today, lib- rhetoric aimed at law enforcement While there are many challenges and erals are recycling their same stale have endangered countless brave men hardships ahead for Tulsa and the Na- tactics in an attempt to tarnish an- and women who serve in law enforce- tion with this tragedy, this is a story other exceptional nominee without ment and how they have certainly de- of optimism and faith in our commu- having any basis in fact or truth. They pressed them. They talk about things nity and in our future. Both Zark and are attacking her Catholic faith. Some like peaceful protests. Yet, in that Sergeant Johnson are American he- operatives have even attacked her for case, they were throwing bricks at offi- roes, and they will always be American adopting children from Haiti. I am not cers. They sprayed officers, nearly heroes. So we say thanks to Zark. kidding. They are attacking her for blinding all three of them. This was ac- Thanks, Zark. You are great. that. It should go without saying that tually going on. There being no objection, the mate- Judge Barrett should be commended I highlight the contrast between the rial was ordered to be printed in the for this loving, selfless act, not dispar- violence happening in Oregon with how RECORD, as follows: aged for it. we appreciate our officers in my State THE HONORABLE GT BYNUM I personally know that adoption is of Oklahoma—what a contrast. Oklaho- PROCLAMATION one of God’s greatest gifts. I am the mans have great respect and admira- Whereas, on June 29, 2020, Officer Aurash proud grandfather of Zegita Marie. I tion for our men and women in blue. Zarkeshan placed himself in harms way to found her during a mission in Ethiopia, We know that law enforcement officers protect and serve the citizens of Tulsa and and my daughter and son-in-law adopt- are our neighbors, our friends, and our the men and women of the Tulsa Police De- ed her as a baby. She is in college now family. They have a dangerous job, and partment. and is one of my greatest blessings. they go beyond that job. I was talking Whereas, Officer Aurash Zarkeshan en- Yet, like clockwork, the Democrats to some of them the other day, and dif- dured more than three months of rehabilita- use bogus propaganda to try to scare ferent ones gave different messages. tion and multiple surgeries. His bravery and the American people into opposing a positive outlook throughout his journey are While they are on duty, defending Republican President’s Supreme Court rights, a lot of them teach young kids admirable and have been an inspiration to the city. nominee. Over the years, they have how to play baseball. They are really Whereas, Officer Aurash Zarkeshan’s made outrageous claims, like saying great citizens. strength and perseverance have set an exam- these nominees will take away Amer- In the speech that I gave in August, ple to the Tulsa Police Department and he ica’s healthcare. They have done it I highlighted the attack on Zark and has been a beacon of light for law enforce- time and again. They did it with An- Sergeant Johnson. These attacks are a ment officers around the county. thony Kennedy. They did it with David painful reminder of the sacrifices that Whereas, Officer Aurash Zarkeshan has Souter. They did it with John Roberts law enforcement make every day. been declared ‘‘Tulsa’s Hope’’ for his service, courage, and valor under fire. and, recently, with Brett Kavanaugh. ‘‘Defunding the police’’ rhetoric may Now they are doing it with Judge Bar- be politically appealing to some on the Whereas, Tulsans are excited on this day to welcome Officer Aurash Zarkeshan home. rett. Most Americans can see through left, but we must remember that law Now, therefore, I, Gt Bynum, Mayor of the this far-left hoax, but it is important enforcement is the first line of defense City of Tulsa, do hereby proclaim October to set the record right. Judge Barrett against threats like what we saw in 15th as ‘‘Officer Aurash Zarkeshan Day’’ in is not and has never advocated in favor Tulsa in June. the City of Tulsa. of taking away anyone’s healthcare— I had the opportunity to talk to Zark NOMINATION OF AMY CONEY BARRETT period. this morning. He told me what was Mr. INHOFE. Mr. President, I have Liberals have gone after Judge Bar- going through his mind while they already talked a couple of times about rett for her views on abortion. First of were being rushed to the hospital. He this great nominee whom we have in all, Judge Barrett has every right to said he was thinking: ‘‘I hope our story Amy Coney Barrett, and I am really enjoy her religious freedom. I think we reaches the Nation.’’ proud to speak in support of President all understand that. I am saddened to Your story, Zark, has reached the Trump’s outstanding nomination of Nation. It has reached the world. Right see the attacks that she has received Amy Coney Barrett to the U.S. Su- now, they know what happened. due to her Catholic faith. Nevertheless, preme Court. Zark wanted people to understand her record shows that she will thought- To say that Judge Barrett is quali- what police and law enforcement risk fully apply the Constitution to all fied to serve on the Supreme Court is every day—a sacrifice too many take cases while honoring Supreme Court for granted. He wanted people to know an understatement. Judge Barrett is precedent. At the same time, she has the stories of good, honorable police of- the definition of a leader. Her record of proven that she impartially and faith- ficers. While his tragedy in Tulsa is a accomplishments is second to none. Ev- fully exercises her duties as an appel- reminder of the threats our commu- erybody knows it. late judge. There is no reason to be- nities face, it is also a story of hope, of After we had a chance to really lieve that she would not continue to do Tulsa’s hope. evaluate and talk to her and know her so as a Justice. Jerad Lindsey, who is the chairman and visit with her, we found that she Now I want to speak about the prece- of Tulsa’s Fraternal Order of Police, was born in New Orleans. She went on dent for acting on today’s vacancy, said it best: ‘‘There’s not a lot of times to graduate from Rhodes College in which differs from the vacancy of 2016. you get to use the word ‘miracle’.’’ Memphis and also from Notre Dame The Democrats and liberal media have Zark’s recovery definitely fits that Law School. She graduated at the top called Senate Republicans hypocrites bill. of her class and always has been at the for opposing the confirmation of Presi- Perhaps, what is most telling and top of her class. That is worth pointing dent Obama’s Supreme Court nominee most inspiring is that Zark doesn’t lose out because, when confirmed, she will in 2016 but supporting the confirmation sight of what was lost on June 29. On be the only Justice on the bench who of the President’s nominee today. What his return to Tulsa on a day that was did not go to Harvard or Yale. Now, they fail to recognize is that we fol- proclaimed to recognize his heroism, that is a good thing. She clerked for lowed Senate precedent. We followed it he wore a shirt that honored Sergeant one of America’s finest Supreme Court in 2016, and we are following it again Johnson. It read: ‘‘Fallen but not for- Justices—the late Antonin Scalia. right now. gotten.’’ Even this morning, he talked Since 2002, she has taught law at Notre In 2016, we had a divided government. about Sergeant Craig Johnson and how Dame, where she has been selected What a divided government means is he had wanted him to return to Tulsa ‘‘Distinguished Professor of the Year’’ that we have different parties control- with him as he himself did last week. three different times. ling the White House and the con- Now that Zark is back in Tulsa, he is In 2017, after being attacked by the firming body, the U.S. Senate. In 2016, going to keep up his recovery, but he is Democrats about her strong faith, she we had that divided government, and

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.250 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6466 CONGRESSIONAL RECORD — SENATE October 25, 2020 they were controlled by different par- and this is going to be a great thing for colleagues at the Pine Bluff Police De- ties. The Senate Republicans followed America. partment, and community members. I the Biden rule then, which is that the I yield the floor. pray they will find comfort from the Senate does not confirm an election The PRESIDING OFFICER. The Sen- outpouring of support for this beloved year vacancy in which the White House ator from Arkansas. brother in blue. and the Senate are controlled by dif- HONORING DETECTIVE LIEUTENANT KEVIN Senator COTTON, I yield to you. ferent parties. Despite the Democrats’ COLLINS Mr. COTTON. Mr. President, the men insistence on confirming President Mr. BOOZMAN. Mr. President, it is and women of law enforcement in Ar- Obama’s nominee, Senate Republicans such an honor and such a pleasure to be kansas could have no greater champion followed precedent. with my fellow Senator from Arkansas, in the U.S. Senate than JOHN BOOZMAN. The reality is that, in the modern Mr. COTTON, as we rise to honor Pine It is always an honor to join him on era, the Senate has not confirmed a Su- Bluff Detective Kevin Collins, who died the floor, but today is a sad and solemn preme Court nominee under a divided while in the line of duty, on Monday, honor to be here to commemorate the government. It just hasn’t happened. October 5, as a result of injuries he sus- life of Detective Kevin Collins. Detective Collins of Pine Bluff had The last time the Senate confirmed a tained. known since he was the young age of 3 nominee under these circumstances Detective Collins was a passionate that he wanted to be a police officer. was in 1888. Today, we have a united person about law enforcement and His step-dad worked for the Jefferson government. The same party that has serving the citizens of Pine Bluff. He County Sheriff’s Department. His mom the Senate has the Presidency. The served his community not only as an was a teacher. So from an early age, officer of the law but also as a mentor voters elected President Trump in 2016. the role models in Kevin’s life inspired The Senate Republicans grew their ma- and a leader. him to serve others, and serve he did, It was reported that he had wanted to jority in 2018. In nearly every instance above and beyond the call of duty. in history in which there has been a be a police officer since he had been 3 For a time he worked as an emer- Supreme Court vacancy under a united years old. In an interview with the gency services dispatcher. Then he government, we have voted to confirm. Pine Bluff Commercial in 2018, he said: worked for the Arkansas Department In fact, the only time in history that ‘‘Ever since I was little, I saw law en- of Corrections. Five years ago, he real- the Senate did not confirm a nominee forcement as a service and something I ized his childhood dream by joining his under a united government was in 1968, could be proud of.’’ He worked his en- hometown police department to serve wherein there was bipartisan opposi- tire life to achieve that dream, and it the community he knew and loved. tion on ethical grounds. They all came true 5 years ago when he was Detective Collins was part of the vio- agreed that the nominee should be hired by the Pine Bluff Police Depart- lent crimes unit, which means he withdrawn, and he was withdrawn. ment on June 8, 2015. worked on some of Arkansas’ most It is simply false to state that Senate He was first assigned to the patrol di- dangerous cases. He had a special pas- Republicans are going against prece- vision, and he worked his way up to the sion for taking illegal guns off the dent. As a matter of political conven- violent crimes unit. Detective Collins streets and mentoring young people in ience, the Democrats have flip-flopped loved being a police officer, and he en- the community. from what they said in 2016 and are joyed building relationships with the His hard work was noticed and re- adamantly opposed to a vote during an men and women he worked alongside as warded. Just 2 years after joining the election year. It is not surprising that well as with the citizens whom he force, Detective Collins was named Of- the media has ignored their about-face. served. ficer of the Year after rushing into a I am proud of the efforts by Leader His colleagues appreciated his enthu- burning apartment building and res- MCCONNELL and our Republican major- siasm, his hard work, and dedication, cuing a 95-year-old woman trapped in- ity, who have confirmed dozens of which he demonstrated each and every side. President Trump’s exemplary judicial day both in and out of uniform. When he received that award, Detec- nominations. I think the number right Detective Collins was passionate tive Collins reflected on his lifelong now is somewhere around 212, and that about making a difference in the lives dream of becoming a police officer, may be a record, but those are a lot of of others. As a mentor to at-risk boys which he described as a ‘‘service’’ and nominations. during the department’s 2-week Youth something ‘‘I could be proud of.’’ Senate Republicans and President Empowerment Camp, he was a role You could say that Kevin Collins was Trump have followed through on our model for teens—encouraging good be- destined to be a police officer. Trag- promise to remake the judiciary with havior and reinforcing the importance ically, he was also destined to die as more judges who interpret the law as of making good decisions. one, much too soon. Earlier this month, Detective Collins written, not legislate from the bench. In his short time with the Pine Bluff was tracking a suspected murderer who We all know what we are talking about Police Department, he had a long list was holed up in a hotel. A gun battle there. With Judge Barrett, we have the of successes that include taking a large broke out. Detective Collins and his opportunity to confirm the President’s number of guns off the streets and fellow officer, Lieutenant Ralph Isaac, third Supreme Court nominee to the earning the department’s Officer of the were hit during this exchange and bench. Year for 2017 for his actions in saving a rushed to the hospital. Lieutenant Everyone knows Judge Barrett is 95-year-old resident while responding Isaac has begun to recover, but, sadly, hard-working, principled, and com- to an apartment fire. Detective Collins did not. He went mitted to serving her fellow Ameri- Detective Collins lived a faithful life home to be with the Lord at the age of cans. In a 2017 letter, a bipartisan devoted to Christ as a member of New 35, leaving his family, his community, group of law professors called her work Life Church Pine Bluff. and our State heartbroken over the ‘‘rigorous, fair-minded, respectful, and Pastor Matt Mosler says Detective loss. constructive.’’ I couldn’t agree more. I Collins had a great heart for service. Detective Collins’ death is a tragedy know she will serve our highest Court He took that heart for service and put and a stark warning and reminder of with honor and distinction, and I look his faith into action, taking the initia- the dangers police officers face every forward to voting to confirm the nomi- tive to make his community better. day. nation soon. She is, I really think, the We rely on law enforcement officers Detective Collins joins 231 of his fel- most gifted, talented jurist to be found like Detective Collins to keep commu- low officers who have died in the line of in America today. nities safe, to keep us safe. His death is duty in America just this year, but it My wife and I have been married for a tragic reminder of the risk law en- would be a mistake only to mark De- 60 years. We have 20 kids and forcement officers face each day when tective Collins’ death. We ought also to grandkids. They are the ones who are they put on their uniform and leave learn from his example in life. going to be the beneficiaries of the the comforts of their homes and their Kevin Collins was a guardian of Pine service of Judge Barrett. She is going loved ones to serve and to protect. Bluff, whether in his capacity as an of- to be confirmed as an Associate Justice Detective Collins was a true hero. ficer or off duty as a security guard at on our High Court in a matter of hours, Our hearts break for his family, his his local church.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.251 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6467 When he received the Officer of the would contain front page stories of of Justice John Paul Stevens, who was Year Award in 2017, Detective Collins gushing profiles, studded with words confirmed after just 19 days. It is only said that being a police officer was like ‘‘iconic’’ and ‘‘pathbreaking.’’ The 12 fewer days than the Senate delib- about extending a ‘‘life line to save media would practically carry her from erated on the nomination of Justice others.’’ We will never know how many the Judiciary Committee to this floor Ginsburg herself. And I would note lives Kevin Collins saved, but we do so we could vote to confirm her, and that we went through this with Judge know that his hometown is now safer then they would carry her across the Barrett barely 3 years ago. It had been and more peaceful because of his years street to her Supreme Court chambers. 5 years for then-Judge Stevens. It had of service. But, curiously, I have noticed that is been 13 years for then-Judge Ginsburg. Pine Bluff was blessed to have a not what the media is doing—not in There is not a lot of material for this guardian the likes of Kevin Collins. the least. Instead, the liberal media Senate to have reviewed; less than 3 Now his watch on Earth is over. He is has published lurid insinuations and years of activities by Judge Barrett, looking down on us from above. May he expose´s about everything from Judge fewer than 100 opinions—even a Sen- rest in peace. Barrett’s character to her Christian ator can probably get through those in a couple days. NOMINATION OF AMY CONEY BARRETT faith and even her adopted children. It Yet the Democrats have repeatedly Mr. President, tomorrow the Senate is the Brett Kavanaugh playbook all over again. asked for delay after delay, though will confirm Judge Amy Coney Barrett they haven’t identified any area in to the Supreme Court, filling the seat But, thankfully, the American people see through it, just as they did the last which they lacked adequate time to re- vacated by the late Justice Ginsburg view her nomination. They haven’t time. For the most part, Democrats on with a very worthy successor. identified any bit of information that the Judiciary Committee avoided these When President Trump nominated they don’t already have. In fact, some kinds of low, personal attacks. Perhaps Judge Barrett last month, some Ameri- of my Democratic colleagues an- they have seen the polling so they cans questioned whether the Senate nounced their opposition to her nomi- should confirm any nominee to the Su- know they are playing a very weak nation—or any nominee, for that mat- preme Court. But today, just weeks hand. ter—before she was even announced as later, a clear majority of Americans Instead, they focused on the supposed the nominee. support confirmation, including a ma- threat that Judge Barrett will over- So what do they want more time for, jority of Independents. turn ObamaCare and take away your exactly, except to stall? What happened? It is very simple. healthcare. In fact, they focused on Indeed, far from being rushed, Judge Americans met Judge Barrett; they ObamaCare so much during Judge Barrett’s nomination doesn’t come loved what they saw; and they decided Barrett’s confirmation hearing, when I close to setting the record for speed. she is the right woman for this job. turned on the TV, I thought I had I That distinction belongs to Justice Consider her achievements. She grad- tuned in to the Health Committee, not James Byrnes, who was nominated to uated No. 1 in her class from Notre the Judiciary Committee. the Supreme Court in 1941 by President Dame Law School, where she also edit- But Democrats’ attacks on this pol- Franklin Delano Roosevelt and con- ed the law review and later clerked for icy fall just as flat as the media’s firmed later that day. I guess we could two giants of our judiciary—Judge Sil- shameful stories on Judge Barrett’s have taken a page from the Democrats’ berman of the DC Circuit Court of Ap- character for the simple reason that playbook by confirming Judge Barrett peals and the late, great Justice Scalia. Judge Barrett, as a judge, does not last month on the day she was nomi- Years later, Judge Barrett returned make policy. She is not a Senator. She nated, but instead we took the same to her alma mater as a professor, where is not standing for elective office. I sus- careful, consistent, deliberative ap- she won the esteem of her students and pect she wouldn’t want to. proach that we took with Justice colleagues as a gifted teacher and an Her role as a judge is to interpret and Kavanaugh and Justice Gorsuch—no ‘‘absolutely brilliant legal scholar,’’ to apply the law fairly and faithfully, shortcuts, no corners cut, no steps quote the dean of Notre Dame Law. without regard to her own beliefs and skipped. Then, in 2017, the Senate confirmed convictions. So, finally, here we are on the cusp of Professor Barrett to be Judge Barrett Now, that may be a novel concept for Judge Barrett’s confirmation. As a re- on the Seventh Circuit Court of Ap- our Democratic friends who view the sult, the Democrats are threatening to peals. In the 3 years since then, she has judiciary as simply another means to pack the Court, but they were already established herself as one of America’s advance their leftwing agenda, irre- threatening to pack the Court. finest judges—unwaveringly com- spective of the law and facts, but it is The Democrats are threatening, mitted to the rule of law and equality central to Judge Barrett’s record on should we confirm Judge Barrett to the before the law. the court of appeals and her judicial Supreme Court, to riot in the streets. A Scalia protege, beloved professor, philosophy. Her opinions bear that out, Democrats have been rioting in the respected jurist—those titles alone and she has applied the law consist- streets for months. But as the sun sets warrant Amy Coney Barrett’s con- ently without fear or favor on the Fed- tomorrow, the Senate will gather, and firmation to the Supreme Court, but eral Bench, and, I suspect, reached a all of that bluster will once again prove they are not her only achievements or few outcomes on a personal level that ineffective because Judge Barrett has even the most important ones. she would have preferred not to, which earned the trust and confidence of the In addition to those things, she has a was always Justice Scalia’s gold stand- American people and the U.S. Senate. big and beautiful family, with a de- ard for an impartial and fair judge. For that reason, Judge Barrett will be voted husband and seven kids, includ- That leaves the Democrats with one confirmed tomorrow night. ing two adopted from Haiti. They are a final argument—nothing more than a I congratulate Judge Barrett on this high honor, and I thank her family— family knitted together by love and process argument. her beloved husband Jesse and her faith. They say that the Republicans are seven beautiful children—for sharing Any parent knows how difficult it moving too quickly; that we are some- her with America. For those seven kids must be for Judge Barrett to juggle the how ramming Judge Barrett through especially: I know that she will always demands of her work with her duties as the Senate, possibly, to prevent an ade- be mom to you, but I trust you won’t a parent and a wife. But like millions quate examination of her record. But, object if we know her as Justice. of working moms, she manages to do of course, this argument fails too. It I yield the floor. both with incredible skill, grace, and fails badly. I suggest the absence of a quorum. poise. Judge Barrett’s nomination has pro- The PRESIDING OFFICER. The I suspect I must confess that if Judge ceeded at a pace in line with other re- clerk will call the roll. Barrett had been nominated by a Presi- cent nominations. The senior assistant legislative clerk dent without an ‘‘R’’ behind his name, Exactly 30 days ago she was nomi- proceeded to call the roll. the media would laud her as a pioneer, nated, and tomorrow she will be con- Mr. PORTMAN. Mr. President, I ask an inspiration to young women all firmed. That is 11 more days than the unanimous consent that the order for across the country. Today’s newspapers Senate deliberated on the nomination the quorum call be rescinded.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.253 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6468 CONGRESSIONAL RECORD — SENATE October 25, 2020 The PRESIDING OFFICER. (Mr. system here. I think that is really im- every Democrat can support. In fact, I SCOTT of Florida). Without objection, portant. As I said to her in our meet- think there were some things that were it is so ordered. ing, I hope she will be an ambassador, in our bill that some Democrats might Mr. PORTMAN. Mr. President, we and I think she will. In fact, I think not love. But for the most part, there are in session here on a Sunday in she will be an extremely effective am- were bipartisan proposals that every- Washington for a rare Sunday session bassador—as the youngest member of body can support, and all we asked for in the U.S. Senate so that we can con- the Supreme Court and also as a was to be able to get on the bill to have firm a terrific woman to be the next former teacher—with regard to young a debate. Yet we had to have 60 votes Justice of the Supreme Court. people, to help them understand what to be able to do that. That is the super- There is an open seat right now that it means to have a judicial branch and majority that is required around here, needs to be filled, and Judge Barrett, how it is different from the legislative and those 60 votes could not be found, who is currently a judge on the circuit branch or the executive branch for that even though last Wednesday the $500 court, one level below the Supreme matter. Judges are not supposed to be billion package got a majority vote. Court, has really impressed me and the legislators. That is not what they are There was a majority vote for this American people with her performance. hired to do. Yet in some cases we have package but not the supermajority I had a chance to meet with her this gotten the sense that judges ought to needed. It was blocked by the other past week, and I was already impressed be deciding issues that are reserved for side. but even more so, having had a chance those who are elected by the people; If we had gotten on the legislation to spend some time with her. I had that is, the legislators. and had the debate about what the PPP been impressed with her performance Judges have an important role, and program ought to look like, how much at the hearing because I thought she that is to look at the laws and to look money should be used for testing, what showed great patience and calm in the at the Constitution and to determine we should do with regard to liability face of some really tough questions. To whether something is consistent with protections, Democrats would have had me, that is judicial temperament, and I those. That is what she will do, and I the opportunity to put their own ideas think that will serve her well in her think she will do it very fairly, with forward, to offer their own amend- new role as Justice of the Supreme compassion and with a great under- ments, and I would have strongly sup- Court. standing of the legal issues and prece- ported them in that process. I have also been impressed with her dent. Also, some of us had some additional qualifications. I don’t think anybody She explained before the committee amendments we would like to have can say she is not highly qualified. In that she was respectful of precedent. added and changes we would like to fact, the American Bar Association, She also told me that in our meeting. have seen. But, ultimately, if Demo- which does not always look favorably I think she has the proper under- crats or Republicans found that they at Republican appointees, was, in her standing of the role of the Court and didn’t like the final product that came last confirmation, convinced that she her role as a Justice. out of that discussion, that debate, was highly qualified, and again, in this I am looking for the opportunity to they would have had another chance one, they gave her their highest quali- finally vote. I guess we will do that to- because there would have been another fication. That is impressive. morrow night, sometime in the 60-vote hurdle to get over before pas- As has been talked about on the floor evening, and I hope it will be a strong sage of the legislation. tonight, she actually has been through vote. I hope it can be even a bipartisan I know this is sounding like a process this process before—and pretty re- vote, as it was last time she was con- issue, but it really is not. It is about cently. I think less than 3 years ago firmed by this same body. doing our jobs as Senators. Both Re- she was confirmed by this same body, CORONAVIRUS publicans and Democrats care about and it was a bipartisan vote, and it was Mr. President, while the Senate con- this issue, yet we just can’t seem to an opportunity for people to get to tinues to work through this important figure out how to get it unfrozen here know her. So this is not as though we process of the next Supreme Court and to be able to move forward. Having have brought somebody forward who nominee, I am also here on the floor blocked, again, even having a debate on isn’t already known, who isn’t already today to remind all of us that we are moving forward was very discouraging deemed to be very well qualified. In still in the middle of an unprecedented to me. fact, I don’t know anybody in this healthcare and economic crisis caused CORONAVIRUS Chamber who doesn’t think that she is by this ongoing coronavirus pandemic. Mr. President, the economy is still well qualified and that she has done a I am here to express my frustration struggling. As I said, we are not out of good job as a judge and a lawyer. that the sense of urgency and com- the woods yet, particularly in the areas She graduated first in her class at promise that we had for the first sev- of hospitality, travel, and entertain- Notre Dame Law School, and then she eral months of this coronavirus seem ment. We are not out of the woods on went back there and taught. She won to have disappeared as we have ap- the virus yet, either, with many States the Teacher of the Year Award three proached the election. seeing a third wave right now. That is times when she was at Notre Dame, The Democratic leader today raised what I would describe is happening in and, most importantly to me, she is the seriousness of the pandemic. Some- Ohio, my home State. I have watched just widely respected by her colleagues. thing said on the other side of the aisle the numbers every single day this These are professors. She is also widely was that we shouldn’t even be taking week. Not only are the number of cases respected by her former students. up a Supreme Court nominee because increasing, but the hospitalizations These professors and students, by the of the seriousness of the pandemic and went up this week. The number of peo- way, are representing the entire polit- the need to focus on that. ple in ICU went up and fatalities went ical spectrum from very liberal to very I don’t understand why then, on up. conservative. All of them say the same Wednesday, the same Democratic lead- It is critical that this Congress pro- thing about her, which is that she is a er and his colleagues blocked even tak- vide additional relief to help the Amer- legal scholar, that she is highly quali- ing action on the coronavirus or even ican people get through this healthcare fied, and that she is a good person. having a debate on whether to take ac- crisis and economic fallout we have In our meeting I got to see some of tion because, once again, they blocked seen. We have done it before. Five that. I saw in our meeting that she is a legislative initiative to have a dis- times Republicans and Democrats on a great listener. People talk about ac- cussion about this issue. this floor and over in the House and tive listening. She was really inter- By the way, it is a discussion about working with the White House have ested in what the topics were and had an issue that affects every single one of passed coronavirus legislation—five very thoughtful responses. our States. Again, we are not out of the times. In fact, most of the votes have She is also a legal scholar who under- woods, so we should be not just dis- been unanimous. It is unbelievable be- stands very clearly what the role of the cussing it but passing legislation on it. cause here we are in this partisan at- Supreme Court should be in our separa- The legislation that we have intro- mosphere, but most of the votes have tion of branches in our governmental duced might not be legislation that been unanimous.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.255 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6469 These laws have helped address both law. There is a good reason for that— believe. It was $300 per week Federal the healthcare crisis and the economic $3.5 trillion and, again, the items there supplement on top of the State unem- free fall that were caused by the virus that did not relate to the coronavirus ployment, and they blocked it, saying and the government-imposed shut- crisis. that wasn’t enough and we need to downs. And for some of my colleagues Since that time, Senate Republicans stick with $600. So, again, it is either who are concerned about the cost, I have provided some reasonable alter- $600 or nothing. would just say again—government-im- natives to this partisan proposal with I will say that the $600 benefit is posed shutdowns. Many of these busi- targeted coronavirus response legisla- pretty generous. The Congressional nesses in my home State that are tion—bills that help us directly address Budget Office has told us that 80 per- struggling, you know, they were told to the healthcare and the economic crisis cent of the people who are on unem- shut down, and they do need our help. by investing in bipartisan approaches ployment insurance going forward—if They deserve our help. The same gov- that we know work. we continued $600, 80 percent would be ernment that insisted that they not be The last legislation that was offered making more on unemployment insur- in business ought to help them now to here on Wednesday was about $500 bil- ance than they would be making at get back in business and stay in busi- lion. That used to be a lot of money. work. Talk to your businesses back ness. Again, Democrats probably objected to home, and what they will tell you is The biggest of these bills that this some specific elements of it, like liabil- that this has been a problem in getting body and the House and the White ity protection, but we should have had people back to work when they can House worked hard on and passed is the opportunity to debate that and make more—sometimes significantly called the CARES Act. A lot of people have a discussion. But on Wednesday, more—on unemployment insurance. have heard about it. It is a piece of leg- Democrats blocked it. But how about $300? How about a islation that was very important at the Their position has been very clear, as compromise? Some people will make time but needs to be extended, in es- I see it. They are going to stick with more. In fact, a lot of people will make sence, now. It was passed by a vote in Speaker PELOSI no matter what, and I more on unemployment insurance than this Chamber of 96 to nothing. understand that from a negotiating po- they do at work at $300 but not 80 per- Unfortunately, since May of this sition. They think she is the one nego- cent of the people. Some will make year, when the last of these bipartisan tiating with the White House; there- more; some will make less. bills was enacted, partisanship has pre- fore, they are not going to get in- Last week, I finally thought we had a vailed over good policy, and Wash- volved. I have talked to some of my breaking point because the Speaker of ington has been paralyzed, unable to colleagues on the other side of the aisle the House had Members of her own cau- repeat the coming together for the who have expressed the same frustra- cus calling her to work with the White good of all of us. tion I am expressing right now. Gosh, House to pass at that time what was a For months, Democrats insisted that why can’t we get together between Re- $1.8 trillion package, but my under- the only way forward was a bill called publicans and Democrats and support standing is, that wasn’t good enough. Let’s get back to the commonsense the $3.5 trillion Heroes Act, which something that is a compromise? But I ideas we can all agree on. By the way, passed the House of Representatives 4 think they have been told by their many of these are in this targeted leg- months ago along partisan lines. It in- leadership: No discussion; no debate; islation that the majority of Senators cluded things unrelated to COVID–19, we are going to stick with whatever voted on this past week, on Wednes- and you can argue about those things. the Speaker wants. day—again, a majority but not the The SALT—the State and local tax de- Again, coming up to the election, it supermajority needed to get it passed. is my sense that what the Speaker duction—is in there, as an example. First is on the healthcare response, wants is not to have a result. That is That has nothing to do with COVID–19. particularly on testing, and in Ohio, we It is a tax break, frankly, for wealthier my sense. You have heard the Presi- need it right now. We need more money individuals. Most of that tax break dent say very clearly he is willing to for testing. Republicans and Democrats would go to people who are wealthy, spend even more than the Speaker alike know that is critical to stopping and about half of it goes to people in wants to spend. I am not suggesting the spread of the disease and getting the top 1 percent. There are immigra- that is the position that every Senate people more comfortable going back to tion law changes in that legislation Republican has because many believe work, going back to school, and going that are very controversial. Should we we spent a lot of money and we need to back to their local businesses to buy have a debate separately? Of course, be very careful and be much more tar- things. We need the Federal help on but not in a COVID–19 bill. There are geted given the fiscal situation we testing. other policies in terms of election law talked about earlier. We also need help to continue invest- and how States would handle their Steven Mnuchin, Secretary of the ing in developing treatments, and, of elections that had nothing to do with Treasury, has been very interested in course, we need to invest in a vaccine COVID–19. getting a result and has, in good faith, to get a vaccine as quickly as possible. Also, it was $3.5 trillion. Now, we are been negotiating. But, again, we have The targeted bill that came to the facing this year not just the largest not been able to make any progress be- House this past week did just that— deficit in the history of our country cause the notion is that we are going provided $16 billion for increased test- but also a debt as a percentage of the to stick with the Speaker’s position no ing and contact tracing and an addi- economy, which is how most econo- matter what. So instead of a com- tional $31 billion for vaccine develop- mists look at our fiscal problems— promise, we have zero relief. Instead of ment. That is the kind of support we what is the debt as a percentage of the $3.5 trillion or $2.4 trillion—whatever need right now. economy? It is as high as it has ever the number is and whatever the Repub- Second, we agreed that Congress been, with the possible exception of lican number is—we have zero relief shouldn’t continue to have this situa- World War II—a year when we had huge that has been provided in the last sev- tion where small businesses are being military expenditures, but pretty eral months. There has been sort of an forced to close their doors. We all want quickly the economy grew, and we all-or-none attitude—either we do it to help small businesses. That was in didn’t have this big overhang of the en- her way, or we get nothing. the targeted bill also. titlement spending that already has us Three separate times on this floor, One way we have agreed across the in a structural debt. Democrats have even blocked proposals aisle is to have this PPP program—the So $3.5 trillion is a lot of money. to temporarily extend the Federal un- paycheck protection program—be in ef- When it passed the House, it was the employment insurance supplement fect, and the targeted legislation did most expensive legislation ever to pass that expired in August so that folks just that. It restarted the Paycheck the House of Representatives by far. who were relying on that money could Protection Program, which was in- When it did pass, by the way, POLIT- continue to make ends meet while we cluded in the CARES Act but expired ICO and others in the media accurately negotiated a long-term solution. This on August 8. So since August 8, we called it a messaging bill that they week, they blocked a reasonable ap- haven’t had it. This was a smart pro- thought had no chance of becoming proach on unemployment insurance, I gram that provided low-interest loans

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.261 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6470 CONGRESSIONAL RECORD — SENATE October 25, 2020 to small businesses—loans that effec- called the healthy workplace tax cred- Fourth, we all agree we have to make tively became grants if they used them it. It is very simple. It helps businesses sure Americans have adequate access for certain purposes, like payroll to pay for protective equipment like to telehealth and telehealth medicine. keep people employed but also their plexiglass, hand sanitizer, and face cov- Most of us in this Chamber have prob- rent and their mortgages and utilities. erings. These are credits against pay- ably utilized telehealth services during At least 140,000 Ohio businesses in my roll tax that will help businesses rehire this pandemic, and we know that they State of Ohio—140,000 businesses— workers, reopen safely, and take these work. small businesses, have benefited from critical steps to let our economy re- Telehealth has been a lifeline for mil- the PPP, saving what we think are at cover. lions of Americans, particularly for least 1.9 million jobs. Wow. We all I will continue to push this in every those fighting addiction, for those who know we need to extend that program. coronavirus package. You know what, have behavioral health issues, mental I think everybody agrees on that. I it has total bipartisan appeal because health issues, who can’t currently re- don’t know a Senator in this Chamber, it is exactly what we ought to be ceive in-person care to help in their re- Republican or Democrat, who hasn’t doing—reopening, yes, but doing it covery. had the experience back home of a safely. Let’s give businesses the incen- I have worked with the Trump ad- small business saying: I couldn’t have tives to do that. ministration to expand telehealth and stayed open without this. I have had It is expensive to purchase PPE, par- delivery options for opioid treatment, that conversation dozens of times. A ticularly when you have tight reve- which, in some instances, has even al- lot of these businesses were able to use nues, which a lot of businesses do right lowed addiction specialists to reach this PPP loan to weather the storm. now. They want the help to be able to new patients. I love hearing that—that Some have seen their businesses now do it and do it right. in this dark cloud, one silver lining is pick back up, and they are hiring Third, of course, we agree we need to that telehealth has actually been suc- again, and that is great. invest in our schools and our State and cessful and helped people, including I recently had a virtual roundtable local governments. With colleges and mental health providers and drug with manufacturers all over Northeast K–12 education trying to reopen around treatment providers, to reach new peo- Ohio—the Cleveland area and the the country, it is critical that students ple whom they couldn’t reach pre- Akron area. They were hit hard by the don’t lose any more progress in the viously. early shutdowns. They put their busi- classroom. We need to make sure However, the reforms that we have in nesses at risk, but thanks to the PPP schools have these resources to reopen place now, based on the previous legis- loans they received, they were able to and to stay open with adequate protec- lation I talked about, are only tem- keep their employees on payroll and tive gear and social distancing policies porary. The bipartisan legislation we have introduced, along with my col- keep the doors open. Do you know what and, again, plexiglass and other things league SHELDON WHITEHOUSE, is to most of them did? They did something to make it safe. The $105 billion that was in this leg- make these telehealth options perma- related to helping. Some made ventila- islation on Wednesday that was voted nent. It is called the TREATS Act. tors. Some made masks. Some made down—$105 billion for ensuring that That should be in any coronavirus gowns. So they were able, during this schools are safe—is actually more than package, and it would be. slow time, to actually help to push was in the original House-passed He- Finally, we need to chart a path for- back against the coronavirus. Now roes Act. So, let’s find a compromise ward on the issue of expanded unem- they are back in business. Now they here, but you can’t say that helping ployment insurance. Unemployment is are able to employ people, to hire peo- the schools is a reason to vote no. down from the highest we saw in the ple, and to pay taxes and provide rev- State and local governments need spring, and it has been very encour- enue to the government. That is what support and more flexibility too. Ohio aging to see how many new jobs have we want. cities have been hit particularly hard come back. It exceeded all expecta- There are others, however, who des- because they rely on revenue from in- tions, everybody’s—OMB’s, CBO’s, out- perately need continued PPP just to come taxes more than other cities side projections. stay in business. I mentioned the hos- around the country, and that income But unemployment is still way too pitality industry earlier, the entertain- tax revenue has been lower than any of high. We are still at 8.9 percent in ment business, and the travel business. their projections. Ohio, and it is probably about 8 percent They have to have the PPP loans The targeted bill would have helped nationally. Think of this. We went now—now—or they may close. Some by extending the timeline in which from the lowest unemployment we have already closed because the pro- CARES funding could be spent beyond have seen in decades just before this gram has been shut down since August the end of this year. I have heard this virus, more like 3.5 percent—record 8 because we can’t seem to get our act repeatedly from our Governor in Ohio, lows for Blacks, Hispanics, disabled, together to provide the help. That was Mike DeWine, and also from local offi- women—and now we have about 8 per- in the targeted bill. cials in Ohio: Don’t make us spend all cent unemployment—more than double By the way, it makes PPP more tar- the money by yearend. We can spend it that. geted and more focused because we more effectively if you give us some I said earlier that Congress allowed don’t want to waste money; we want to flexibility on that. the original unemployment insurance focus it on companies that really need None of us should want to do that. supplement to expire without a re- it. That is bipartisan also. Let’s do it. We always complain about the Federal placement. When that happened, the Beyond PPP, Congress should help rule where you are telling an agency Trump administration stepped in and invest in businesses to reopen safely ‘‘You have to spend the money by year- used $44 billion from FEMA’s Disaster and effectively. Small business owners end; use it or lose it’’ because it en- Relief Fund, which had received fund- I have spoken to during this pandemic courages them to go ahead and spend ing from the CARES Act to tempo- and especially in recent weeks have it, even though they don’t need to, so rarily add a $300-per-week Federal sup- told me that they are eager to reopen they can have the same budget next plement called the Lost Wage Assist- but they want to open in a safe man- year. Let’s let them have the flexi- ance Program. This program funded 6 ner. That is the sweet spot here. We bility to spend the money as they need weeks of expanded unemployment in- don’t want to close down the economy, it. surance and also encouraged States to but we do want the economy to be re- We all know now that this virus isn’t provide their own match. opened and stay open safely. going away in calendar year 2020. It is What happened was that every State There are examples of how we can do going to be around in 2021. Let’s give but two took the government up on that that this Congress should pass on them that flexibility. that. They didn’t add their match, but a bipartisan basis. One is an expanded With this extended timeline, we they did take the 300 bucks, and a lot tax credit to incentivize new hiring should also provide flexibility so they of people who had lost their jobs through the work opportunity tax can be certain that they can spend the through no fault of their own were able credit and the employee retention tax money where they need it, including to be helped through this Executive ac- credit. We also have a new tax credit for public safety—police, fire, EMS. tion.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.262 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6471 Unfortunately, we are now at a point I yield back my time. ances, they did not envision a sham where this program has been tapped The PRESIDING OFFICER. The Sen- confirmation process for judicial nomi- out. Why? Because the $44 billion that ator from Delaware. nees. But as much as I hate to say it, was set aside in the Disaster Relief NOMINATION OF AMY CONEY BARRETT that is what this one has been, pure Fund is gone, leaving $25 billion to deal Mr. CARPER. Mr. President, I rise and simple. This entire process has be- with natural disasters, which is what this afternoon to share with you and come an exercise in raw political the Disaster Relief Fund is intended to our colleagues some of my thoughts power, not the deliberative, non- do. And they need that money. We concerning the nomination of Judge partisan process that our Founders en- shouldn’t use any more of that. So we Amy Coney Barrett to serve as an As- visioned. are back to square one. sociate Justice of the Supreme Court of Frankly, it has been a process that I People who have had unemployment these United States. could never have imagined 20 years ago insurance since the disaster began be- I believe it was Winston Churchill when I was first elected to serve with cause they might work in hospitality, who once said these words: ‘‘The fur- my colleagues here. Over those 20 entertainment, travel, some businesses ther back we look, the further forward years, I have risen on six previous oc- where they can’t go back—a lot of we see.’’ So let me begin today by look- casions to offer remarks regarding those folks now are seeing just a State ing back in time—way back in time. nominees to the Supreme Court as we benefit or no benefit. More than 230 years ago, during the considered the nominations of Chief The Republican proposal actually Constitutional Convention in Philadel- Justice Roberts, Justice Alito, Justice had a long-term solution by providing phia, just up the road from my family’s Sotomayor, Justice Kagan, Justice $300 per week through December 27— home in Wilmington, DE, our Founders Gorsuch, and Justice Kavanaugh. basically, through the end of the year. debated at great length on how to cre- One name not mentioned among the That was in the package that was just ate a different kind of government—an six I have just listed is that of Judge voted down. So Democrats, who say experiment, if you will, in which a na- Merrick Garland. After being nomi- they want $600, voted down $300 be- tion’s citizens would elect their own nated by President Clinton to serve on cause it wasn’t enough. Well, somebody leaders, and a system of checks and the DC Circuit Court of Appeals—that who is on unemployment is probably balances would ensure that country is the top appellate court in the coun- wondering: Why not just compromise would never—never—be led by a ty- try—and confirmed by a Republican-led and at least get me the $300 so that I rant. Senate with a bipartisan margin of can pay my rent, I can pay my car pay- Among the most contentious issues more than 3 to 1—76 to 23, in fact— ment, I can make ends meet, even they debated during that summer of Judge Garland has served with distinc- though I can’t go back to my job? 1787 in the City of Brotherly Love was tion on our top appellate court since So if nothing else comes out of these the creation of a Federal judiciary. Our 1997, including for many years as its coronavirus negotiations, let’s at least Founders disagreed, oftentimes strong- chief judge. provide more funding for the Disaster ly, about what our judicial system President Obama later nominated Relief Fund so that we can continue to should look like and how judges should him to serve on the Supreme Court 237 respond at the executive branch level. be selected: Who would nominate days before election day in 2016—237 If Congress can’t get its act together, them? Who would confirm them? Would days before election day. at least continue the $300 through the they serve one term, multiple terms, or By submitting the name of Judge way the administration was doing it would their appointments be lifetime Garland to the U.S. Senate for consid- for 6 weeks. We have proposed legisla- in nature? eration 4 years ago, President Obama, tion to do just that, replenishing the When the Framers appeared to be who was twice elected by clear margins Disaster Relief Fund so that this vital hopelessly deadlocked, members of the in both the popular vote and the elec- unemployment insurance supplement clergy were brought in to pray that toral college, nominated a man who can continue that the administration God would provide the leaders with the spent his entire 20-year career as a had in place. wisdom to break the impasse. judge working to build consensus and If we can’t pass a bigger package, In the end, it apparently worked, and find principled compromises. Yet we why can’t we just pass that? Why can’t our Founding Founders ended up never got a chance to consider Judge we just pass PPP? Why can’t we just adopting a compromise very similar to Garland’s nomination to serve on the pass something for testing? Why can’t one they had rejected just a few weeks Supreme Court on this Senate floor. we just pass something to ensure that earlier; namely, the President would Judge Garland wasn’t given a vote ei- we are helping right now during this nominate judges to serve lifetime ap- ther in committee or here in the U.S. crisis? pointments with the advice and con- Senate. Judge Garland wasn’t given a The bottom line is that there is still sent of the Senate. hearing. Most of our Republican col- a lot for Congress to do to help lead the Not surprisingly, almost 240 years leagues wouldn’t even meet with him, country through this coronavirus crisis later, we are still sparring over what even though many of them had voted we find ourselves in. Between bol- those words should mean. earlier to confirm him to, again, serve stering our healthcare response, pro- Having said that, the blueprint that on the top appellate Court of our land. moting a stronger and more equitable was drafted that year and later ratified Judge Garland’s nomination lan- economic recovery, getting the nec- by the 13 States would go on to become guished for 293 shameful days. A great essary funding to our schools, pro- the most enduring and replicated Con- many Americans believe that it is the viding that flexibility I talked about stitution in the history of the world. equivalent of stealing a Supreme Court earlier to governments, ensuring that Among our most important sworn seat. A good man—a very good man— our constituents can make ends meet duties here in the U.S. Senate is to act was treated badly and so, too, was our as they deal with sudden unemploy- as caretakers of that Constitution and Constitution. ment and other challenges, we have a the rights it provides for our citizens Still, many of our Republican col- lot of opportunities to help our country while protecting this unique system of leagues assured us that if the tables weather the storm of this pandemic. checks and balances that provide the were turned later on, they would hold I hope things will change soon. foundation on which our democracy is themselves to the same standard and Maybe it will change on the election. built. only allow the next President to fill Maybe after the election there will be a That brings us to the present. This the Supreme Court seat should a va- different attitude. I hope so. I hope past week, Republican Members of the cancy occur during an election year. that at least in the lameduck session of Senate Judiciary Committee voted to Then, on September 18, 2020, Justice Congress, if we can’t get our act to- advance Judge Barrett’s nomination to Ruth Bader Ginsburg passed away, 46 gether this week, we can figure out the floor of the Senate, but they have days before a Presidential election. how to recapture that spirit of biparti- done so, I fear, at great cost to this And with her death, most of our Repub- sanship we saw this spring, to nego- body and quite possibly to our democ- lican colleagues changed their tune al- tiate in good faith, come to an agree- racy. most overnight. ment—and fast. Our constituents need When our Founders carefully de- Today, with more than 220,000 Ameri- it. Let’s get it done. signed our system of checks and bal- cans dead and more than 8 million

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.263 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE October 25, 2020 Americans infected with the time together for prayer and reflection, The President should exercise restraint coronavirus—not to mention 13 million whether at Prayer Breakfast in the and not name a nominee until after the No- unemployed—we are in the midst of an Capitol or at one of several bipartisan vember election is completed. election, rushing to confirm a con- Bible study groups, including one led He went on to say: troversial nominee from President by our Senate Chaplain, Barry Black, President Lincoln is a good role model for Trump, who lost the popular vote by who previously served as Chief of Chap- this practice. The President should let the nearly 3 million votes and was subse- lains for the Navy and the Marine people decide. quently impeached by the House. Corps. I am glad Senator GRASSLEY men- Judge Barrett’s nomination was Oftentimes at these gatherings we tioned our Nation’s 16th President be- rushed out of committee just 12 days are reminded of the Golden Rule, one of cause I believe President Lincoln’s ex- before election day, in a process that the two greatest commandments: to ample will serve us well, especially at many believe was a clear violation of treat other people the way we want to this moment. Why do I say that? the rules of the Judiciary Committee. be treated. Well, after a Supreme Court vacancy Think about that—12 days. After serving here for 20 years, I re- occurred just 27 days before the 1864 Instead of keeping their word, a num- main convinced that our friendships Presidential election, what did Presi- ber of our Republican colleagues are and our ability to reach consensus on dent Lincoln do about it? Did he rush fast-tracking a nominee—and not a critical issues facing our Nation are to fill the vacancy? Did he call the Sen- consensus nominee from the judicial based in no small part on our faithful ate to push through a nominee in a mainstream like Judge Merrick Gar- adherence to that commandment, month’s time, largely because he land—as tens of millions of Americans which can be found in every major reli- could? No, he did not. are mailing their ballots in, dropping gion of the world, and we are at our In the midst of a Civil War that took off their ballots, and lining up to vote. best here in this body when we follow the lives of hundreds of thousands of This confirmation process is shame- it. Americans, Lincoln called for allowing ful. It is unprecedented. If you have I believe that true adherence to the the American people first to decide ever wondered what hypocrisy looks Golden Rule calls for fairness in the who would be President, and that per- like, this is it. way we discharge our constitutional son would then nominate a candidate I know that many Americans, includ- responsibilities for judicial nomina- for the vacant seat, with the advice ing many of our Republican colleagues, tions, too, including nominations to and consent of the Senate. see in Amy Coney Barrett a well-quali- the Supreme Court, regardless of which Nearly 150 years later, Lincoln’s fied judge and, in Donald Trump, a party occupies the White House or the words give us a clear roadmap for doing duly elected President, and they be- Presiding Officer’s chair. the right thing: Let the American peo- lieve a vote is necessary because, after We can’t have one set of rules for ple have their voices heard before fill- all, it is spelled out in the Constitu- Democratic Presidents and another set ing this vacancy, instead of rushing it tion. of rules for Republican Presidents. The through just days before an election. Well, let me be clear. There was no Golden Rule called for a vote for Judge As we all know, the Supreme Court precedent for the shameful blockade of Garland, and I believe that, today, the seat we are debating today was left va- consideration for Judge Merrick Gar- Golden Rule calls for hitting the pause cant by the death of Justice Ruth land, and there is no precedent for con- button on Judge Barrett’s nomination Bader Ginsburg, who served on the Su- firming Judge Barrett just 8 days be- until the President, who is elected in 9 preme Court since 1993. We continue to fore an election. days, is sworn into office. mourn her loss. We continue to pray As my colleagues know, I am not Why? Because the American people for her family and loved ones. given to hyperbole, but rushing to con- deserve to have their voices heard. But Justice Ginsburg may have been firm Judge Barrett has the potential of you don’t have to take my word for small in stature, but, in death, our Na- altering, perhaps forever, the way the this. Consider, if you will, the words of tion has lost a true giant. Ruth Bader American people view the Supreme our Republican leader, MITCH MCCON- Ginsburg made it her life’s work to Court and the U.S. Senate. NELL, from March 2, 2016, 14 days before challenge the laws and systems in this To our Republican friends, let me re- President Obama had even nominated country that limited opportunity for mind you that just because you can do Judge Merrick Garland to serve on the women solely on the basis of their gen- this and get away with it doesn’t make Supreme Court, following the death of der. She was a pioneer in her own it right. This is wrong, and in your Justice Scalia, and a whole 7 months— right, but perhaps even more impor- hearts you know it is wrong. Your ac- a whole 7 months—before an election. tantly, she paved the way for genera- Leader MCCONNELL said 4 years ago: tions stand our system of checks and tions of women and girls who would balances on its head—in the end, only The American people deserve to be heard come after her. on this matter. That’s the fairest and most Today, women can sign a mortgage serving to weaken our democracy, not reasonable approach today. strengthen it. on their own in no small part because He went on to say: To those Americans who want to see of Ruth Bader Ginsburg. Today, women an up-or-down vote on Judge Barrett, I Voters have already begun to choose the can open a bank account or apply for a next President who in turn will nominate understand that you may not share my the next Supreme Court Justice. . . . This is credit card without a male cosigner in views or my fears, which many other something the American people should de- no small part because of Ruth Bader people do share, but let me stop here cide. Ginsburg. And, today, pregnant women for a moment to share with you some- That is what he said 4 years ago. cannot be discriminated against at thing that isn’t widely known about Let’s also listen to what the current work in no small part because of Ruth most Republicans and most Democrats chairman of the Senate Judiciary Com- Bader Ginsburg. here in the U.S. Senate. mittee, Senator GRAHAM, told us March I am confident that her legacy will While you would never know it most 10, 2016. This is what he said: live on, especially in all the women and days by watching the news, most of us I want you to use my words against me. young girls she inspired throughout who serve in this body generally get Think of that. her remarkable life, but, unfortu- along. While a lot has changed since I want you to use my words against me. If nately, with her passing, the equality Senators PAT LEAHY and CHUCK GRASS- there’s a Republican President [elected] in that she spent her life fighting for is LEY came here a long time ago, bipar- 2016 and a vacancy occurs in the last year of now on the line. tisan friendships still endure, although the first term, you can say, ‘‘LINDSEY GRA- Many Americans believe in their they don’t flourish as they once did. HAM said, ‘Let’s let the next President, who- hearts that the threats posed by this Many of us agree at times in hearing ever it might be, make that nomination.’ ’’ nominee, the one before us at this mo- rooms and many of us disagree at And finally, here is the advice of my ment, are real. That is particularly times in hearing rooms and on the Sen- friend, then-chairman of the Senate true when it comes to access to afford- ate floor, but just about every week Judiciary Committee, Senator CHUCK able healthcare, to the rights of women that we are in session, a number of GRASSLEY, following the death of Jus- to make their own healthcare deci- Democrats and Republicans still find tice Scalia. He said: sions, to voting rights, and, perhaps

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.265 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6473 most importantly, to the future of our yond its plausible meaning to save the and dignity. It is a decision she must make planet. statute.’’ Judge Barrett said nothing for herself. When Government controls that The Affordable Care Act hangs in the during her confirmation hearing to dis- decision for her, she is being treated as less balance with this nomination. Think tance herself from these words. than a fully adult responsible for her own choices. about that for a moment. Right now, And what exactly could the con- our country is in the midst of a public sequences of overturning the ACA be? Justice Ginsburg did not deflect or health crisis the likes of which those of Well, for starters, those consequences refuse to answer the central question: us living have never seen. could mean that nearly 135 million Should women have the right to make Over 8 million of our fellow Ameri- Americans who have a preexisting con- their own healthcare decisions? Justice cans have been infected with this dition could be charged more for Ginsburg was forthright, and the Sen- coronavirus. Over 220,000 lives have healthcare, in many cases making ate confirmed her by a vote of 96 to 3— been lost to this deadly virus. That is their healthcare unaffordable. 96 to 3. more than the entire population of Des It could mean returning to a time Given Judge Barrett’s lack of clarity Moines, IA. We are consistently seeing when insurers could design plans that on this critical matter, I am left to 700 Americans die from the coronavirus excluded coverage for contraception consider her past record and state- every day. and family planning, as well as condi- ments. My hope is that Judge Barrett The front page of yesterday’s Wall tions like pregnancy, mental would uphold nearly 50 years of prece- Street Journal makes it clear. It is not healthcare, and substance abuse treat- dence and maintain this constitutional getting better; it is getting worse. ment. right for women. However, my fear is As it turns out, America has less Overturning the Affordable Care Act that Justice Barrett was nominated be- than 5 percent of the world’s popu- could threaten Medicaid expansion cause she meets Donald Trump’s stated lation, but our country accounts for that provides healthcare coverage to litmus test to overturn this constitu- more than 20 percent of the world’s over 15 million low-income Americans, tional right that an overwhelming ma- deaths from coronavirus. No other na- many of them living in some of the jority of Americans support. tion on Earth comes close to that. The most rural parts of America. Voting rights and the integrity of our numbers don’t lie. It would mean that young adults elections also hang in the balance with Mexico, our neighbor to our south, under the age of 26 may no longer be this nomination. Earlier this week, a has lost 88,000 people to the able to stay on their parents’ deadlocked Supreme Court barely—just coronavirus; we have lost 220,000. The healthcare plans. barely—upheld a Pennsylvania lower It would jeopardize the tax credit United Kingdom has lost 44,000; we court decision that allows mail-in bal- that over 9 million Americans receive have lost 220,000. France has lost 34,000, lots in Pennsylvania to be counted in to help cover their own healthcare Germany just over 10,000, and we have the upcoming election. The vote was costs. tied 4 to 4, which means the issue is not lost over 220,000. Canada, our neighbor And that is just to name a few settled permanently. It means that to the north, has lost just over 9,000; things—just a few. But make no mis- Judge Barrett may very well be the de- Japan, 1,700 deaths; Australia, 905 take, overturning the Affordable Care ciding vote on many disputes related to deaths; South Korea, just 457 deaths Act in the middle of the night, in the the upcoming election. from the coronavirus; and we have lost middle of the worst pandemic in a cen- How would a Justice Barrett have over 220,000. tury, will have devastating and far- ruled in the Pennsylvania case? While this carnage continues here reaching impacts on our healthcare During her confirmation hearing, and abroad, our friends in the other system and nearly every American, in- Judge Barrett refused to answer ques- party continue to press the Supreme cluding the more than 8 million Ameri- tions about the legality of poll taxes, Court to throw out—to throw out—the cans who will be left with a new pre- voter intimidation, voter discrimina- Affordable Care Act in its entirety, not existing condition: the coronavirus. next year, next month. Sadly, that is what our President and tion, and whether or not the President Meanwhile, nearly 13 million Ameri- many of our Republican colleagues are can unilaterally move election day. It cans are unemployed, and our unem- intent on doing as we battle COVID–19 strains credulity to believe that Judge ployment rate, at nearly 8 percent, is every day and in every State of our Barrett does not know that poll taxes more than double the rate from the be- country. Having failed nearly 100 times are unconstitutional, that voter in- ginning of this year. But rather than to repeal or chip away at the Afford- timidation is unconstitutional, that prioritize public health and long-over- able Care Act in Congress, Donald voter discrimination is unconstitu- due relief for the millions of Americans Trump and many of our Republican tional, and that the President cannot who are struggling to get by, our Re- colleagues are now counting on the Su- move election day. Why can’t he? Be- publican colleagues have instead de- preme Court to do their work for them, cause—you guessed it—it would be un- cided to fast-track a Supreme Court and they are within one vote—one constitutional, even if he tried. nominee just 8 or 9 days before a Presi- vote—of achieving their goal—one More than ever, we need Justices on dential election. vote. the Supreme Court, along with judges So why the rush? Well, to figure that A woman’s right to make her own on other Federal courts, who can be out, all you have to do is look at a cal- personal and intimate healthcare deci- counted on by the American people to endar. Just 7 days after election day on sions hangs in the balance with this uphold the integrity of the upcoming November 10, the Supreme Court will nomination. During her confirmation election and on future elections. hear oral arguments in a case known as hearing, Judge Barrett refused to say Based on her testimony before the California v. Texas. California v. much of anything on this critical wom- Senate Judiciary Committee earlier Texas—a case that was brought by 18 en’s rights issue, including whether this month, I am not sure that Judge Republican attorneys general and the Roe v. Wade was correctly decided in Barrett can be counted on by the rest Trump administration—seeks to over- 1973. of us to ensure that—win or lose— turn the Affordable Care Act in its en- Interestingly, though, she did cite President Trump stays within the tirety—in its entirety. Justice Ginsburg and the so-called boundaries of the law and abides by the If confirmed, Judge Barrett may well Ginsburg rule and asserted that it pre- will of the American voters on Novem- end up casting the deciding vote on vented the nominee—this nominee— ber 3. whether or not to strike down the Af- from indicating how she would rule as As it turns out, there is a lot more fordable Care Act, and we know from a Supreme Court Justice on these mat- than an election that may hang in the her own words that Judge Barrett does ters. But let’s actually look at what balance with this nomination, and that not agree with the decision written by Justice Ginsburg said about Roe v. includes the very future of our planet Chief Justice Roberts to uphold the Wade during her own confirmation and its inhabitants. constitutionality of the Affordable hearing in 1993, 27 years ago. Justice Over the course of her confirmation Care Act a few years ago. Ginsburg said: hearing, on three separate occasions— She wrote that the Chief Justice had The decision whether or not to bear a child three separate occasions—Judge Bar- ‘‘pushed the Affordable Care Act be- is central to a woman’s life, to her well-being rett refused to acknowledge the plain

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.266 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6474 CONGRESSIONAL RECORD — SENATE October 25, 2020 and indisputable facts that climate air we breathe and the water we Trump administration has been hell- change is real and that human activity drink—Judge Barrett refused to ac- bent to destroy. is the primary—not the only but the knowledge the simple fact that climate Just as the Supreme Court was de- primary—cause of our current climate change and global warming are real. signed by our Founders to remain crisis, which we see evidence of almost Instead, Judge Barrett asserted that above the political fray, our Supreme every single day. climate change is ‘‘a contentious mat- Court Justices should not fall prey to Hurricane-force winds pierced ter of debate’’—‘‘a contentious matter the blatant misinformation at the through America’s Heartland this sum- of debate.’’ heart of climate denial. Sadly, during mer, flattening one-third—one-third— Climate change is not ‘‘a contentious her confirmation hearing, Judge Bar- of Iowa’s crops in a matter of hours. matter of debate.’’ There is over- rett demonstrated that, on an issue so Our east coast and gulf coast are expe- whelming consensus among the global critical for the survival of our planet riencing one of the most active hurri- scientific community that our planet is as we know it, she does not appear to cane seasons ever recorded, with more warming, and that warming is caused be guided by science and is unlikely to tropical storms, more rainfall, and by carbon pollution, largely. Climate be guided by the facts when it comes to more rapid intensification. One of our change is real. We see it every day in global warming. colleagues from Louisiana told me last this country and every day on this That, my friends, should scare the month that his State is losing the planet. heck out of us. equivalent of one football field to the It is threatening the air we breathe These issues that Justice Ginsburg sea every 100 minutes. That is right— and the water we drink. The American fought so hard to protect over the not every week, not every month, not people, and the people of our planet, course of her life—healthcare, the every day. Every 100 minutes, the see the effects of climate change and rights of women to make their own equivalent of one football field is lost global warming every single day, and healthcare decisions, voting rights, and to the sea. these are indisputable and undeniable the future of our planet—hang in the Last summer, fueled by record heat, facts, not a matter of debate. balance with this nomination, and for long droughts and as many as 12,000 Judge Barrett’s views on climate these reasons, I will not be supporting lightning strikes in 36 hours—think change stand in stark contrast to the the nomination of Judge Barrett. about that, 12,000 lightning strikes in science and the views of the vast ma- Let me conclude, if I may, by noting 36 hours—wildfires destroyed parts of jority of the American people too. that Justice Ginsburg did some of her California the size of my State. This They also stand in stark contrast to most memorable work in dissent. Dur- past week Colorado has witnessed wild- the views of the late Justice Ruth ing her memorial service in the U.S. fire destruction that is almost as bad. Bader Ginsburg. Quite simply, Judge Capitol, Justice Ginsburg’s rabbi said: That is not all. This year, record- Barrett’s views are out of touch with Justice Ginsburg’s dissents were not cries breaking heat waves simmered the reality, and that poses a real threat to of defeat. They were blueprints for the fu- coldest places on Earth, from Antarc- public health, environmental quality, ture. tica to the Arctic Circle, where the and, I think, the very future of this Justice Ginsburg knew that just be- temperature reached 100 degrees Fahr- planet. cause you don’t have the votes doesn’t enheit for the first time ever. That is Let me echo, if I may, the words of mean you are any less right. Justice right—100 degrees Fahrenheit along the President Emmanuel Macron of Ginsburg knew that a great dissent Arctic Circle. Temperatures in Alaska France, who just down the hall here at will speak to the future and just might reached over 90 degrees Fahrenheit for the other end of the Capitol a couple of eventually become the majority view. the first time in that State’s history. years ago stood before a joint session Today, we may not have the votes to Temperatures in Death Valley reached of Congress, and he called for our coun- stop this process or vote down this over 134 degrees Fahrenheit—the hot- try, the United States, to once again nominee, but that doesn’t make our ef- test temperature ever recorded on this lead the world on climate change. He forts to fight for fairness any less planet. July was the hottest July ever reminded us, and he said: We have only right. I could be mistaken, but I be- recorded. September was the hottest one planet. lieve in my heart the American people September recorded. And, on the heels There is no planet B—no planet B. In will make their voices heard loud and of the hottest decade on Earth, this fact, I fear there has never been a more clear on what I believe is a sham of a year is on track to be one of the hot- dangerous time to confirm a climate confirmation process, and they will do test years ever recorded—this year. denier to a lifetime appointment on it on election day. And it is not getting better. It is get- the Supreme Court. Scientists warn Like Justice Ginsburg, the American ting worse. that we are on the brink of irreversible people are dissenting against this proc- Yet, when she was first asked, sim- planetary destruction if we do not ess and against this nominee, and I be- ply, if climate change was real, Judge begin to dramatically reduce global lieve they will be voting in record num- Barrett responded that she is ‘‘not a warming pollution. Over the next few bers. In fact, they already are. scientist.’’ decades, the Supreme Court will decide Judge Barrett may be confirmed, but I am not a scientist, either. I am, the fate of critical environmental let history show I tried hard, both to however, the senior Democrat on the issues—issues that will aid, or dras- follow the Golden Rule and the exam- Senate Environment and Public Works tically curtail, the abilities of future ple of Justice Ginsburg, and I refused Committee, and like millions of Ameri- Presidential administrations and Con- to join the majority opinion. cans, I recognize the simple fact that gresses to enact environmental policies With that, I dissent, but I don’t yield you don’t have to be a scientist to that are essential to our survival as a the floor. I yield my remaining trust scientists. You don’t have to be planet. postcloture time to the Democratic entrenched in the studies of science to By way of contrast, Judge Barrett’s leader. I yield my remaining know that it is gravity which is keep- predecessor, Justice Ginsburg, was a postcloture time to the Democratic ing our feet firmly on the ground. critical tie-breaking vote on one of the leader. And I yield to the Senator from When Judge Barrett was later asked most important climate change cases Washington State, my friend and col- by one of our colleagues whether in the Supreme Court’s history, called league. coronavirus is infectious, Judge Bar- Massachusetts v. EPA. The PRESIDING OFFICER. The Sen- rett said: ‘‘It’s an obvious fact, yes.’’ Recall with me, if you will, that Mas- ator from Washington. She was then asked if smoking sachusetts v. EPA affirmed the Envi- Ms. CANTWELL. Mr. President, I causes cancer, and Judge Barrett said: ronmental Protection Agency’s author- come to the floor to defend a woman’s ‘‘Yes, every package of cigarettes ity and duty to regulate tailpipe emis- right to choose. I am beyond frustrated warns that smoking causes cancer.’’ sions of greenhouse gases as a pollut- that this debate is even happening to- But then, when asked a third ques- ant under the Clean Air Act. night. According to statistics from the tion—whether or not the nominee be- It also provided the legal underpin- Rape, Abuse, and Incest National Net- lieved that climate change is hap- ning for numerous other Obama admin- work, there are over 433,000 victims of pening, and that it is threatening the istration climate regulations that the rape and sexual assault on average

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.267 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6475 each year in the United States of erwise they couldn’t support it because The nominee before us—I have lis- America. They have found that every it is so Richter scale on our side of the tened to many speeches today. She has 73 seconds an American is sexually as- aisle. tremendous intellect. She does have saulted. I will give my colleagues on the other tremendous intellect. Apparently, that When someone wants to chip away at side of the aisle—there are about 10 is a strong suit of the President of the the rights of American women to have States that basically have a population United States. He has strong intellect. access to healthcare, my State is going that only 40 percent or maybe even less Yet I have seen the most major assault to take it personally. My State has support a woman’s right to choose. I on the rule of law by anybody in an ad- codified Roe v. Wade into law. They get it. That is a hard State to come ministration in my time in the U.S. have fought for these rights in a vote and represent here if the courts have Senate—throwing out fact-based deci- by the people of our State in the 1990s. already determined that this is settled sions, not guaranteeing due process, So with a process today that is unfold- law. It might be hard for you. But the not making sure that we have freedom ing here in the Senate where someone majority of Americans and the major- of the press, corrupt government offi- wants to roll back those rights and ity of the States and the courts have cials whom they won’t even get rid of, propose a different way of life in the already decided this. not supporting civil rights that should United States of America, we women Yes, you are going to continue to be enforced at the Federal level. It is are going to fight back. pursue judicial nominees who are out not an issue to be left to the States. The truth is, the majority of Ameri- of the mainstream of the American The Attorney General of the United cans support a woman’s right to people, and you are doing so instead of States and the Members of this body choose. The majority of States support your day job—focusing on the economy should enforce the civil liberties of a woman’s right to choose, in what of the United States during a COVID Americans. It is not an issue to ignore, their public believes. It is a minority pandemic. and you certainly don’t call out the and a minority on this floor who does It wasn’t surprising that this sum- military when they want to express not support that and would love to mer, as we were on recess, the Seattle their opinion and concern about this have a judicial process that shortcuts Times said: What is happening? Wall issue. active debate about the issues that are Street is flourishing, but Main Street The President of the United States in the mainstream views of Americans. is struggling. has a long record. He has great intel- These statistics and these issues are al- Basically, they raised a question lect, but he has run over the rule of most 50 years of law about a healthcare while everyone was at home: What are law, and he has set a precedent for delivery system that allows a woman we going to come do about the eco- other people in his administration also to make this choice. It is from those nomic situation? We know we have had not to follow the rule of law. statistics I just read you. There are tremendous loss. Forty percent of res- What I find so challenging about darn good reasons they want to make taurants are at risk of remaining Judge Barrett’s record and the issues those choices. closed and remaining closed perma- before us is that women’s issues and The fact that people have been out nently. We know that one in five small these issues that we face that are so here characterizing this debate and businesses could be closed by 2021—a important for us to get done are about going back in history and talking devastating impact to our economy— a woman’s access to healthcare. I can’t about all of these things that have hap- and we know that 25 percent of those even imagine going back to Griswold v. pened to previous judicial nominees— businesses need additional resources to Connecticut—a time when we had to yes. Yes, there has been a lot of back- survive. fight just to have contraception. That and-forth. But the main point is, the All of those things were known, and is what the privacy rights were all other side of the aisle wants to nomi- they were known all summer long, and about. It was about a Court that de- nate people who are out of the main- nobody wanted to discuss them because cided and found in our Constitution stream view of America. the other side didn’t want to get seri- that in multiple places, there are a pe- Any of my colleagues who came here ous about a robust package. The pack- numbra of rights that give a privacy and tried to argue that Judge Barrett age they put on the floor so they could right to a woman to control her own and her views are in the mainstream, I go home and say a week before the body. Those privacy rights are about guarantee you, the judiciary process election ‘‘Here is what we tried to vote my constitutional rights. They are that we had with the Senate Judiciary on’’ did not take care of small busi- about what is guaranteed to me in the Committee definitely did not prove nesses that got left out. Constitution. It is about our finding that. In fact, the President’s words and It certainly didn’t talk about the mi- out whether a nominee is going to hold the actions of this body in nominating nority businesses that needed access to them up, particularly at a time when people whose views are out of the capital. The last bill did a decent job of we have had almost 50 years of laws mainstream—because this is 50 years of helping businesses that had a connec- that have protected those rights. settled law, and you are trying to over- tion to a banker, but if you didn’t have People want to have a rushed 30-day ride it by putting somebody on the Su- a connection to a banker, you didn’t session—beginning to end—speed-court preme Court who will say otherwise. get as much help. We should have sat nominating in the Mansfield Room in- Adding insult to injury to this whole down and fixed this. stead of hearing from groups and orga- process is the fact that we are not real- We should have sat down and made nizations about their concerns on this ly doing our day job. We are not deal- sure that we were fixing what needed nominee. That is just not good for our ing with the economic crisis that is to be fixed to help our economy in the overall system, it is not good for the facing America. I am a little tired of midst of a COVID pandemic, but, no, issues that we face moving forward, that too. I am a little tired of every true to form to the other side of the and it is certainly not good for women time we have a debate about our econ- aisle, it is way more important to go in the United States of America. omy—whether it was the fiscal cliff or after a woman’s right to choose. That I do not appreciate the rush to con- the big budget deal or last year’s budg- is way more important than these eco- firm Judge Barrett. Given my State— et deal or any budget deal—we never nomic issues. yes, my State codifying Roe v. Wade can deal with our economy because the I am going to tell you that we are not into statute in 1990 makes me a pretty other side of the aisle wants an amend- going to lower our voices on the impor- active person who wants to see a judi- ment to take away a woman’s right to tance of our economy or how impor- ciary that upholds that. I want to see choose and limit it. tant it is to help women. We are not and understand where this nominee is. I couldn’t even get language in the going to sit silently and talk about a But anyone who comes to the floor last COVID package to get Boeing minimal economic package to help and says that she is in the mainstream workers more training programs be- American businesses. We are going to views Americans when we know what cause the Republicans were so con- talk about what American businesses her views have been in opposition to cerned that the definition of a new need, and we are going to talk about Roe v. Wade and, as I said, having Gris- healthcare proposal had to have a Hyde how we can help protect a woman’s wold v. Connecticut be a correctly de- amendment attached to it because oth- right to choose. cided decision—even Justices Thomas,

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.268 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6476 CONGRESSIONAL RECORD — SENATE October 25, 2020 Alito, and Roberts have said it was cor- central to a woman’s life, to her well- balls and strikes. That is what those of rectly decided. Judge Barrett is out of being, to her dignity. It is a decision us on this side of the aisle want—Re- the mainstream by not saying that. she must make for herself, and when publicans, Conservatives, and Inde- She has been critical of the Afford- government controls that decision for pendents, who are there in the center. able Care Act and its issues that we her, she is being treated as less than a Do you know? That is what they see in want so much to cover preexisting con- full human who is responsible for her Judge Barrett. ditions. She refused to say whether own choices. I have found it so interesting, as we Medicare and Social Security were con- These women who have been the sub- have worked through this process, that stitutional; this issue of same-sex mar- ject of the most heinous acts—and all people, whether they are Democrat, riage, where two in three Americans women—deserve to make their own Independent, or Republican, have said: support this; and refusing to say healthcare choices. We in this body I was so impressed with her—the way whether she thinks the Lawrence v. should not be making this decision at she retained knowledge and informa- Texas decision, which struck down a this moment. We should be taking care tion, the way she represented her law criminalizing consensual gay sex, of our COVID problem, moving forward views, the way she talked about the was correctly decided. with solutions that will help the Amer- law and precedent, the way she talked These are issues about whether we ican people, and letting them respond about the Constitution, the way she are going to move forward as a nation to this issue. This issue will continue. talked about her relationship with Jus- with laws that people have come to ex- I just ask my colleagues to think tice Scalia. They also liked the way pect and that they planned their lives about what has already happened with her students and her professors and her around. the Affordable Care Act. Those States colleagues spoke of Amy Coney Bar- There are healthcare institutions all that didn’t want to support the Afford- rett. They like that because these are across the United States—even in able Care Act and didn’t support the people with whom she works. Her chil- States that don’t fully support a wom- Affordable Care Act later, after it dren are in school with them. They are an’s right to choose—that are deliv- passed, then implemented it. A few in church together. So they have come ering healthcare to women, and we are States, just recently, made the switch to know her through the many dif- going to start down a process of taking and covered more people under Med- ferent and varied facets of her life, and those away? icaid. they appreciate who she is and the life Then there are some people who rep- What you are really doing is holding that the Barrett family is leading and resent, on the other side of the aisle, your States back from having access to how that represents their thoughts and States that are at 50 percent or 60 per- healthcare. Eventually, as I said, the their beliefs. cent in support of a woman’s right to general public in the majority of There are a couple of things I would choose. They are going to rationalize States will support a woman’s right to like to discuss and points of clarity in their head that, oh, well, somehow I choose. Eventually, this will be settled, that deserve to be made in this debate. don’t know where exactly Judge Bar- with every State supporting this. The As we were in committee, our friends rett is going to be on these issues, or, question is, How long are you going to across the aisle chose to take much of I didn’t get a confirmation that she hold up the healthcare choices of peo- their time not to get to know Judge truly believes that they are settled ple in the United States? Barrett or to question her about opin- law, and I believe in the penumbra of I ask my colleagues to turn down ions that have been written, and she rights in the Constitution. this nomination. I ask my colleagues has written right at 100 opinions or has When you say you believe in the pe- to stop nominating people who are out writings that have been published. numbra of rights in the Constitution, of the mainstream of the American They chose to take their time to dis- you are saying you believe in my con- view on healthcare, which is so impor- cuss the Affordable Care Act and to stitutional right to privacy. You say tant to their daily lives. talk about individuals and the concern you believe that I have the right to I yield my remaining postcloture for losing healthcare. make my own healthcare decisions. time to the Democratic leader. With a few days before the election The PRESIDING OFFICER (Mrs. I think it is right that the American people know we would all like for every and a Supreme Court case in California LOEFFLER). The Senator from Ten- v. Texas, where the ACA and other nessee. American to have access to affordable healthcare decisions are going to be on Mrs. BLACKBURN. Madam Presi- healthcare. I think we can say that it the table, it is not good enough to not dent, I really appreciate the oppor- is a goal of ours. How we get there and understand the judicial philosophy of tunity to come to the floor and have what the system looks like is going to this nominee and whether that is in time to talk about this nomination. be something that is, really, quite dif- the mainstream views of people in the As a member of the Senate Judiciary ferent. They are very wedded to the Af- United States of America. Too much is Committee, I want to express my ap- fordable Care Act and would really like at risk—too much that we deserve to preciation to Chairman LINDSEY GRA- to push this all the way to govern- know the answers to. HAM for the great work that he has ment-run healthcare. That is their I am glad my colleague from Dela- done and to Leader MCCONNELL for the goal. ware brought up Justice Ginsburg’s way he has given us the opportunity to As many people watched the hear- quote because that says it all. Every- work through this process of com- ings, they asked: Why did they keep body keeps saying that she didn’t have pleting this confirmation. talking about the Affordable Care Act? to say anything, that she didn’t take As I have talked to Tennesseans from Of course, the case that is coming be- notes, that she is all good, that she one end of our State to another, I have fore the Supreme Court is a case on didn’t have to say anything. That is heard from them, time and again, how severability. It is not about the con- not what it is all about. That is not important they think it is to have a stitutionality of the ACA. So it was cu- what Judge Ginsburg said. Judge Gins- judge and a Supreme Court Justice who rious to them. burg told people exactly what she be- is not an activist. I would offer that the reason they lieved. She told people that she be- As we went through the hearings last probably continued to talk about it lieved in a woman’s right to choose. As week, I will tell you that I thought it was that our friends across the aisle, my colleague from Delaware said, she was so interesting. One of our col- those in the Democratic Party, are told people that these issues were too leagues said: Oh, we fear that you will very emboldened right now. They feel important to a woman. So I don’t un- usher in an era of conservative activ- as if they are going to do a clean sweep derstand, when Justice Ginsburg basi- ism. and that they are going to keep the cally clarified what she believed, why They fear that, but do you know House, take the Senate, and take the Judge Barrett wouldn’t clarify what what? Conservatives do not want activ- White House and that, when they do, her judicial philosophy is. ist judges of any stripe. They want con- they will have a very aggressive, 100- It is worth reading again. stitutionalists. They want judges to day agenda, and we have heard quite a Justice Ginsburg said that the deci- abide by the rule of law. They want Su- bit of conversation about this 100-day sion of whether or not to bear a child is preme Court Justices who will call agenda: statehood for DC and Puerto

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.270 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6477 Rico. They want to abolish the elec- for? Liberal activism. That is the kind is different from you. Don’t take the toral college. They want to begin im- of judge they are looking for, not a time to provide the common courtesy plementing the Green New Deal. They constitutionalist, not somebody who of listening to what someone may have are going to repeal the Trump tax cuts calls balls and strikes. They are look- to say. and implement a new corporate tax. ing for somebody who is going to do To my friends across the aisle, I The list goes on and on. The list in- their work for them so they don’t have know many of you, and some of you I cludes what they want to do with to pass something through Congress. served with when I was in the House, healthcare, which is to have a govern- They don’t have to deal with ‘‘we the and may I just offer a thought—that ment-run, government-controlled sys- people.’’ They want to just say: Well, you are better than that. This Chamber tem. according to the Supreme Court, this is is better than that. And individuals See, they don’t want anybody to tell the law of the land. who are nominated for judgeships, for them they can’t do this. They don’t So that is why they chose not to get Justices on the Supreme Court, they want constitutionalists on the Su- to know Judge Barrett, and I will tell deserve to be heard. preme Court who are going to stop you I found her to be one of the most So I would encourage my colleagues them from doing this. impressive women I have ever had the to think this through. Judge Barrett is When you look at the numbers and at opportunity to get to know. And she moving through this process. We are what the numbers tell us, you have made it very clear, yes, she is qualified going to confirm Judge Amy Coney right at 81⁄2 million people right now to sit on the Court. Her record really Barrett to the U.S. Supreme Court, and who are enrolled in the Affordable Care speaks for itself. as we do this, we know that she is Act—or the ObamaCare program—81⁄2 But as we saw, the judge didn’t rest going to take that seat as a capable, million. Yet here is the outlier in that: on her laurels. She was well prepared. competent, skilled jurist, and we know In order to reach their goal of govern- She was patient, thorough, respectful, that she is going to be someone who is ment-run healthcare, which is, basi- and she was a credit to her profession. going to sit on that Court, and, yes, she cally, a Medicaid program for all, what I wish I could say the same for my is going to call balls and strikes. you would have to do is strip away the Democratic colleagues about being Our friends need not worry about an health insurance from 153 million thorough and respectful, because I era of conservative activism. Let me Americans who have employer-profound it to be very disrespectful of the assure them, conservatives don’t want vided health insurance or who have process, of the institution, and of that any more than they want an era of purchased healthcare on the open mar- Judge Barrett that they chose not to liberal activism. ket. Those are 153 million Americans. show up for our hearing. They were not What they want is a constitutionalist Plus, you would have to take away the there. AWOL. Gone. Didn’t come. Court that is going to be fair to every- Medicare benefits from 57 million And you see, why did they do that? one and is focused on equality and jus- Americans who have paid into Medi- Judge Barrett, a highly qualified, high- tice for all. care with every paycheck they have ly skilled female, is just not the right I yield the floor. earned all of their working lives. kind of woman. She does not submit to I suggest the absence of a quorum. We have 66 million Americans who the leftist agenda so, therefore, they The PRESIDING OFFICER. The are currently in Medicaid. So think of don’t see her as the right kind of clerk will call the roll. what is going to happen if, on top of woman. The senior assistant legislative clerk the 66 million who are in the Medicaid And as we know from many of their proceeded to call the roll. delivery system, you take everybody antics, some from them and some from Mr. SCHUMER. Mr. President, I ask from Medicare—57 million—and they their echo chamber, the mainstream unanimous consent that the order for become part of that pool. Then you will media, they feel as if a woman who is the quorum call be rescinded. have taken health insurance away from pro-life, pro-family, pro-religion, pro- The PRESIDING OFFICER (Mr. 153 million Americans. That is where business—that kind of woman, in their BRAUN). Without objection, it is so or- they are headed. That is their goal. eyes, does not deserve a seat at the dered. Quite simply, when they were going table. Mr. SCHUMER. Mr. President, I yield through the process with the Afford- I find it so interesting. My colleagues 1 hour of my remaining postcloture able Care Act and you had President across the aisle speak often of how time to Senator MURPHY. Obama and Vice President Biden, what they value diversity, and I agree. Di- The PRESIDING OFFICER. The lead- we would hear many times from some versity is a strength, and we should er has that right. of the Democratic leaders was, ‘‘Well, seek to hear all voices. That should be Mr. SCHUMER. I yield the floor. ObamaCare is a stop along the road to a goal—to hear from everyone. But The PRESIDING OFFICER. The Sen- government-controlled healthcare.’’ when it comes to diversity of viewpoint ator from Hawaii. That is their goal, and how dare we and hearing from a conservative Ms. HIRONO. Mr. President, every have a Supreme Court that would get woman, an independent woman, a woman in this country owes a debt of in their way. right-of-center woman, this side of the gratitude to my friend, Congresswoman That is also why they continue to political spectrum—when it comes to Patsy Takemoto Mink. Americans talk about court-packing. While they diversity of viewpoint, what do they probably know Patsy best for her fiery are trying to redefine the meaning of do? They repeatedly choose intellec- advocacy to pass title IX into law. This the word ‘‘court-packing’’—oh, let’s tual isolation—intellectual isolation. landmark piece of gender equity legis- not have it be offensive—oh, no—they Their mind is made up. They are in lation, which now bears her name, has are wanting to expand the Court so total submission—total submission to benefited millions of women and girls they can get their way. the agenda of the left. across our country. As my friends across the aisle come So do not confuse them. Don’t con- But I would wager that very few peo- down and talk about this nomination, I fuse them with facts. Don’t confuse ple know about how Patsy changed the think it is important that we look at them with a counterpoint. Don’t look course of history for women’s equality the reason behind some of their work at them and say: How about being open and helped to enshrine the right of and their words and where they think minded? You know, what you are say- women to control our own bodies in the they are going, because they have not ing might be true, but what if this is Supreme Court. made this nomination about Judge true? Would that change the outcome? Let me tell you a story. In 1970, the Barrett. I find it so very sad that what they same year that Hawaii became the first They have not made it about the Su- have done is to choose intellectual iso- State in the country to decriminalize preme Court; they have made it about lation. I find it very sad that that is abortion, Patsy did something no one themselves. They have made it about what they are role-modeling for young had done before. She made women’s themselves, their wish list, their desire adults, college students, high school rights a key issue in a Supreme Court for activist judges. students. Don’t hear out somebody who nomination when she testified against How about that? They fear conserv- is different from you. Don’t show re- the nomination of Judge G. Harrold ative activism. What are they going spect or a listening ear to someone who Carswell.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.272 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6478 CONGRESSIONAL RECORD — SENATE October 25, 2020 In her testimony, Patsy brought up Act, overturn Roe v. Wade, and con- testifying that protections for people Judge Carswell’s decision in the case of tinue to decide cases like her conserv- with preexisting conditions were not at Ida Phillips, a woman denied a factory ative mentor, Justice Antonin Scalia. issue in the Trump administration’s job because she had preschool-aged This is neither an abstract nor a hypo- lawsuit. She ignored the fact that more children. Of course, no such rule ap- thetical choice. than 100 million people with pre- plied to fathers. President Trump repeatedly prom- existing conditions would be harmed if Judge Carswell, along with 10 of his ised to appoint a Justice who would the lawsuit succeeds. colleagues on the Fifth Circuit Court of eliminate the ACA and Roe v. Wade, Not an issue? Give me a break. Appeals, had refused to hear Ms. Phil- and he took only 3 days after Justice My Republican colleagues hope that lips’ case. Patsy told the Senate Judi- Ginsburg’s death to pick Judge Barrett the American people will accept these ciary Committee: ‘‘Judge Carswell to fulfill this promise. His selection weak attempts to divert our attention, demonstrated a total lack of under- was easy because Judge Barrett had al- but they can’t obscure the real human standing of the concept of equality. ready publicly signaled that she op- costs of striking down the ACA. It is . . . His vote represented a vote against posed the Affordable Care Act and re- why my Democratic colleagues and I the right of women to be treated equal- productive rights. have shared the stories of people Judge ly and fairly under the law.’’ Judge Barrett is on record criticizing Barrett would harm when she votes to When a Republican Senator tried to Chief Justice Roberts for, as she put it, strike down the ACA. defend Judge Carswell by pointing out ‘‘push[ing] the Affordable Care Act be- I want to share their stories again that 10 other judges had also voted to yond its plausible meaning to save the because their lives are what is at stake refuse to hear the case, Patsy re- statute’’ in a case upholding the ACA in this nomination fight. sponded: ‘‘But the other nine are not in 2012. Justice Scalia wrote the dis- Jordan Ota, an elementary school up for appointment to the Supreme sent in that case. teacher from Ewa Beach, has PNH—a Court.’’ She also signed a newspaper ad com- very rare blood condition. To treat it, Patsy understood the critical role mitting to ‘‘oppose abortion on demand she receives infusions of a medication the Supreme Court plays in the lives of and defend the right to life from fer- that costs around $500,000 per year every American. She pointed out to the tilization.’’ The same ad called for ‘‘an without insurance. If Judge Barrett committee that ‘‘the Supreme Court is end to the barbaric legacy of Roe v. strikes down the ACA, Jordan’s insur- the final guardian of our human rights. Wade.’’ ance company could put a lifetime cap We must rely totally upon its member- With Judge Barrett, President Trump on benefits, leaving her without cov- ship to sustain the basic values of our and Senate Republicans know exactly erage for her lifesaving medication. society.’’ the kind of vote they are getting on Jordan’s father Dean told me that Patsy’s testimony marked a turning the Supreme Court. That is why they ‘‘without the medicine, she will die.’’ point in Judge Carswell’s nomination, are rushing Judge Barrett onto the Kimberly Dickens from Raleigh, NC, which the Senate ultimately rejected. Court through this hypocritical, ille- couldn’t afford health insurance until Her courageous action paved the way gitimate process. the Affordable Care Act became law. for President Richard Nixon to appoint In a little over 2 weeks, the Supreme Kimberly used her new insurance to Justice Harry Blackmun to the Court. Court will hear oral arguments in Cali- get a checkup and a mammogram that Then, 3 years later, Justice Black- fornia v. Texas—a lawsuit where the found her breast cancer. With her mun wrote the landmark decision in Trump administration and 18 Repub- health insurance, Kimberly was able to Roe v. Wade, recognizing a woman’s lican State attorneys general are ask- get a mastectomy and has been cancer- constitutional right to control her own ing the Court to invalidate the Afford- free ever since. Kimberly said: body. Justice Blackmun, unlike Judge able Care Act, like Justice Scalia voted The ACA saved my life. . . . It scares me to Carswell, understood the right of to do in two earlier cases. think: If I didn’t have insurance, how far ad- women to be treated equally. Upon his My Republican colleagues know they vanced would the cancer have grown? retirement, he observed Roe was, ‘‘a can count on her to provide the deci- These powerful stories demonstrate step that had to be taken. . . . toward sive fifth vote on the Supreme Court to the real-world danger of Amy Barrett’s the full emancipation of women.’’ strike down the ACA, to help them win judicial philosophy if she is confirmed This story about Patsy is not very through the courts an outcome they to the Court. But their healthcare is well known, but it underscores how one tried and failed to achieve 70 times—70 not the only fundamental right at risk person can make a difference and how times—in Congress. for Americans. We know this because one vote on the Supreme Court can The consequences of Judge Barrett’s Judge Barrett has also aligned herself make a difference. vote to strike down the ACA would be with the conservative wing of the During his years on the Court, Jus- catastrophic. It would be catastrophic Court, long led by her mentor, Justice tice Blackmun became a reliable vote for the 20-plus million Americans who Scalia. for racial and gender equality, and his obtain health coverage under the ACA At her nomination ceremony, Judge decisions reflected an understanding of and the 100 million-plus Americans who Barrett announced that Justice how the Court’s decisions impact the would lose the law’s protections for Scalia’s ‘‘judicial philosophy is mine lives of millions of Americans. people living with preexisting condi- too.’’ Aligning herself so closely with If Judge Carswell had been confirmed tions. Justice Scalia has implications for a to the Supreme Court instead of Jus- These are the types of real-world con- whole host of rights and protections tice Blackmun, Roe v. Wade would not sequences Justice Ginsburg placed at the Court has granted over the years. exist as we know it, nor would a host of the core of her judicial philosophy and Justice Scalia, for example, wrote civil rights protections for students approach to the law, which her con- dissents in the landmark cases recog- and racial minorities. servative colleagues often ignored. nizing LGBTQ rights from Romer v. Our Nation finds itself at a similar We saw this time and again in Jus- Evans to Lawrence v. Texas, and judicial crossroads today as we debate tice Ginsburg’s classic dissents in cases United States v. Windsor. Most re- whether Judge Amy Coney Barrett like Shelby County v. Holder, cently, he wrote a dissent in Obergefell should replace Justice Ruth Bader Ledbetter v. Goodyear Tire, and Epic v. Hodges, sharply criticizing the ma- Ginsburg on the Supreme Court. The Systems v. Lewis. Judge Barrett sees jority for recognizing a right to same- choice we face as Senators is clear. It things much differently. sex marriage that in his originalist is the same choice Patsy Mink pre- When my Democratic colleagues and view was not in the Constitution. sented to the Senate 50 years ago. We I pressed her about how she would take Because Judge Barrett calls herself can choose to protect equality for the real-world impact of millions of an originalist and shares Justice women, healthcare for millions, and people losing access to healthcare into Scalia’s judicial philosophy, his deci- other basic values of our society, as account, she said those are ‘‘policy sions provide a preview of how she Patsy put it, or we can choose a Jus- consequences’’ for Congress to address. would have ruled in those cases. tice selected to do precisely the oppo- She also tried to parry our questions For example, although the Supreme site: strike down the Affordable Care by using terms like ‘‘severability’’ and Court has already affirmed marital

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.274 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6479 rights for LGBTQ Americans, Judge the right for LGBTQ couples to marry. an opening comes in the last year of Barrett’s radical views on precedent Yet, because Republicans fear they are President Trump’s term and the pri- put these rights at risk. Judge Barrett losing the election, they are erasing mary process has started, we’ll wait has argued that as part of her duty, a Judge Barrett’s nomination through a till the next election.’’ Justice should ‘‘enforce her best under- hypocritical and illegitimate process The obvious truth is Republicans standing of the Constitution rather to put her on the Court for life before broke their word. This process itself is than a precedent she thinks clearly in voters can make their voices fully broken. Their pattern of obstruction conflict with it.’’ heard. and abusive partisanship over the years Clearly, Judge Barrett’s confirma- But we have all seen the news cov- threatens the credibility of the Su- tion would put Obergefell at risk, and erage of thousands of voters standing preme Court and pushes Senate norms her would-be colleagues on the Court in line for hours on end in the cold and of fairness and accountability beyond have taken notice. rain to make sure their voices are the brink. During this nomination process, Jus- heard and their votes are counted. My decision, however, to oppose this tices Thomas and Alito—also Clearly, the voters understand what nomination rests not only on this un- originalists—released an alarming is at stake. They are doing their part. precedented use and abuse of power but statement in Davis v. Ermold, which Now it is time for the Senate to do also on the standard that I have ap- the Court declined to review. But these ours by rejecting Judge Barrett’s nomi- plied to nominees of the Supreme two Justices criticized Obergefell for nation to the Supreme Court. Court on numerous occasions. It is a ‘‘read[ing] a right to same-sex mar- By doing so, we can stand up for what simple test—one drawn from text, the riage into the 14th Amendment, even Patsy Mink called the ‘‘basic values of history, and the principles of the Con- though that right is found nowhere in society’’ and against Donald Trump stitution. the text.’’ and Senate Republicans’ assault on As I have said during previous con- In effect, these two Justices invited a healthcare, a woman’s right to control firmations, a nominee’s intellectual challenge to Obergefell by calling it ‘‘a her own body, and LGBTQ rights, gifts, experience, judgment, maturity, problem that only [the Court] can fix.’’ among so many others. and temperament are all important. This type of signaling is a dangerous This nomination fight is close to But these alone are not enough. and increasingly common practice being over, but the broader fight for In addition, a nominee to the Su- among the Court’s conservative wing. the future of our Nation continues. preme Court must live up to the spirit By making their views known in this I yield the floor. of the Constitution. A nominee must way, these Justices are inviting would- The PRESIDING OFFICER. The Sen- not only commit to enforcing the laws be litigants to bring challenges to the ator from Rhode Island. but to doing justice. A nominee must Court so the Court can then use those Mr. REED. Mr. President, I rise give life and meaning to the great prin- challenges to invalidate landmark today to express my strong opposition ciples of the Constitution: equality be- precedent, which is what happened in to the nomination of Amy Coney Bar- fore the law, due process, freedom of Janus v. AFSCME. rett to replace Justice Ruth Bader conscience, individual responsibility, As a member of the Seventh Circuit, Ginsburg as an Associate Justice of the and the expansion of opportunity. Judge Barrett has also demonstrated a U.S. Supreme Court. It is these principles that ensure full willingness to signal her views on The Senate has never confirmed a and fair and equal participation in the precedent that could have significant Supreme Court nominee while a Presi- civic and social life for all Americans. implications if she is confirmed to the dential election was already underway. A nominee to the Supreme Court must Supreme Court. Indeed, this is the situation before us make these constitutional principles One example came in Price v. City of with early voting taking place in mul- resonate in a rapidly changing world. Chicago, where Judge Barrett joined a tiple States and over 50 million ballots My colleagues on the Judiciary Com- decision that upheld the so-called abor- already cast. So while those in the far- mittee spent a great deal of time and tion clinic buffer zone law. The deci- right fringe might be cheering these effort questioning Judge Barrett and sion made clear that her circuit court lifetime appointments, the vast major- trying to elicit responses about her was forced to uphold this law under the ity of Americans are the ones who lose basic worldview and judicial philos- Supreme Court precedent, but it sig- out, and they do not get a fair say. ophy. Unfortunately, her answers were naled a strong disagreement with that Make no mistake. Today’s vote isn’t largely nonresponsive, and, at times, precedent. The decision, which she about one individual; it is about taking she demurred on issues on which she joined, criticized the precedent as ‘‘in- away healthcare from 20 million Amer- herself had already made public state- compatible’’ with the First Amend- icans in the midst of a pandemic. It is ments. ment and ‘‘impos[ing] serious bur- about eliminating protections for peo- Despite her lack of responsiveness, dens.’’ ple with preexisting conditions that Judge Barrett’s judicial record and Judge Barrett’s alignment with Jus- over 100 million Americans depend public statements suggest that she tice Scalia, her radical views on Su- upon. And that is what we fear hap- does not meet my test, and her place- preme Court precedent, and her dis- pening once this vote is cast, the life- ment on the Supreme Court will fur- regard for real-world impacts on her time appointment is given, and the ther tilt the Court away from these decision making as a judge show how case is heard after the election. constitutional principles. many rights and protections are at President Trump and his allies pur- In understanding how Judge Barrett risk: LGBTQ rights, voting rights, posely set the schedule that way. They would not meet my test, I am cog- women’s equality, healthcare—you didn’t want American voters to have nizant that she will follow in the mold name it. any recourse to take out their anger at of her mentor Justice Antonin Scalia, These rights didn’t just materialize those responsible for taking away their with whom she shares an originalist out of thin air. They came after hard- healthcare. approach to constitutional interpreta- fought battles and tremendous sac- My Republican colleagues should lis- tion. rifices from trailblazers like Patsy ten to their own words. Go back and In her article titled ‘‘Congressional Mink and Ruth Bader Ginsburg. look at what you said about Merrick Originalism,’’ Judge Barrett talks When Patsy called the Supreme Garland and apply it consistently. about the core principles underpinning Court ‘‘the final guardian of our human Our fidelity is to the Constitution, originalism. The first principle, she rights’’ that ‘‘sustains the basic values not a caucus, not to the Federalist So- writes, is that ‘‘the meaning of the of our society,’’ she deeply understood ciety, not to special interests. Every- constitutional text is fixed at the time what that meant—for women’s equal- one deserves equal justice under the of its ratification.’’ The second is that ity, for civil rights, and for so many law. The Supreme Court was not de- ‘‘the historical meaning of the text other rights. signed to become an extension of the ‘has legal significance and is authori- Republicans understand that clear Republician National Committee. tative in most circumstances.’ ’’ majorities of Americans support the The chairman of the Judiciary Com- The trouble is that the Founders and ACA, a woman’s right to choose, and mittee pledged, in his own words: ‘‘If Framers did not leave us a blueprint to

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.276 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6480 CONGRESSIONAL RECORD — SENATE October 25, 2020 answer every new question of law. Nor interpretation over precedent. Overall, precedent to consider this nominee did the delegates to the Constitutional when there is a tension between prece- with a week to go until the election. Convention demand that all future dent and jurisprudential commitment, This is their chance to repeal the ACA judges be ‘‘originalists.’’ The laws and Judge Barrett writes that she, in her once and for all. norms when the Constitution was rati- words, ‘‘tend[s] to agree with those In fact, President Trump has said fied would alienate and exclude many who say that a justice’s duty is to the many times over in the last several Americans today, particularly women Constitution and that it is thus more months that he hopes the ACA is over- and racial and other minority groups. legitimate for her to enforce her best turned by the Supreme Court, referring We have seen the devastating effects understanding of the Constitution specifically to this case. And don’t just of the originalist line of thinking in rather than a precedent she thinks is take his word for it. The Department of the Supreme Court’s recent history. A clearly in conflict with it.’’ Justice, under his leadership, has focus on this mode of interpretation She similarly casts doubt on the im- taken the extraordinary step of decid- has played a crucial role in undoing portance of reliance interests—which ing against defending the law of the labor rights, curtailing environmental are the interests of stakeholders that land, the ACA, and instead siding with regulations, and allowing unlimited depend on the continuity of an af- the plaintiffs in arguing that the ACA dark money to influence politics. In firmed law or right—stating that and its protections for people with pre- the end, a strict originalist approach ‘‘when precedent clearly exceeds the existing conditions, among other provi- tends to favor the executive over the bounds of statutory or constitutional sions, is unconstitutional. President individual, the employer over the em- text, reliance interests should figure Trump and congressional Republicans ployee, and the corporation over the far less prominently in a court’s over- are very clear about their intentions. consumer. ruling calculus.’’ They want to repeal the ACA. They Also relevant to whether Judge Bar- Judge Barrett’s views on originalism, have been saying it for a decade. rett passes my test is her criticism of textualism, and stare decisis could They failed to do it when they had stare decisis, a core concept in Su- bring about a seismic shift to the Su- complete control of the White House preme Court jurisdiction under which a preme Court, reshaping modern Amer- and Congress because of overwhelming court generally adheres to its prior de- ican life and weakening rights to which public opposition to their efforts and a cisions—absent a special justification many Americans have become accus- few brave votes. They are relying on more than a belief that the precedent tomed. Given that Judge Barrett’s ap- the Supreme Court to do their dirty was wrongly decided. proach is shared by several of her fu- work for them and get rid of the ACA. Part of the reason that maintaining ture colleagues, she will help move the They even petitioned to have the case precedent is so important is that it en- Court’s center of gravity to the far heard by the Supreme Court after the sures the rule of law and legitimacy of right. election, knowing that the American the judicial process. As Alexander I will now walk through issues in people would not be happy if the Court Hamilton explained in Federalist No. Judge Barrett’s judicial record that in- decided in their favor and struck down 78, there is a long tradition of being form how she, in conjunction with fel- the ACA. bound by precedent, in his words, ‘‘[t]o low conservative judges, could and It is not hard to follow the logic here. avoid an arbitrary discretion in the likely will rule on future cases. President Trump and congressional Re- I am deeply troubled about the impli- courts.’’ publicans have been working methodi- A practical reason for following cations of this nomination on the Af- cally to lead us to this moment for precedent is that—once it goes into ef- fordable Care Act, the ACA. The ACA years. fect, people then organize their lives has given individuals and families con- Now I will return to the nominee for based on the law and make decisions trol over their own healthcare and has a moment. President Trump has made with the assumption that that law will brought the uninsured rate to a his- it clear that he intends to have the stay in place. toric low. The ACA has been the law of The public expects judges to under- the land since 2010 and is now woven courts do his bidding for him and has stand this need for stability and to ap- into the fabric of our healthcare sys- committed to nominating judges who proach the law with the appropriate tem. will side with him. humility and respect for its authority. Despite consistent sabotage of the In her hearing, Judge Barrett refused They do not want judges to elevate ACA by the Trump administration, to discuss how she may handle a case their own views over the law or to premiums for health insurance plans on the ACA. However, in early 2017, she change the law simply because the on the individual marketplaces have authored an article criticizing the composition of the court changes. decreased for the second year in a row. ACA, specifically arguing that the 2012 That is why, in deciding to overrule Yet President Trump and my Repub- Supreme Court case, NFIB v. Sebelius, precedent, a court generally undergoes lican colleagues want to repeal the was wrongly decided when a 5-to-4 ma- a serious analysis of numerous factors, ACA in its entirety, taking with it pro- jority ruled that the ACA’s individual including its consistency with other tections for people with preexisting mandate was, in fact, constitutional. decisions, the reliance interests at conditions, bans on lifetime and annual In particular, Judge Barrett criticized stake, and historical developments limits on coverage, billions of dollars Chief Justice Roberts’ deciding vote in since the decision in question. in tax credits to make coverage more that case, claiming that he ‘‘pushed Therefore, I am troubled that Judge affordable, and efforts to close the the Affordable Care Act beyond its Barrett’s writings indicate that she is doughnut hole for seniors needing pre- plausible meaning to save the statute.’’ more likely to see opportunities to re- scription drugs, just to name a few key Instead, Judge Barrett has praised visit precedent than other judges. In an provisions. her mentor, the late Justice Scalia, in article titled ‘‘Precedent and Jurispru- The ACA is a relevant—indeed, crit- his criticism of the ACA, as displayed dential Disagreement,’’ Judge Barrett ical—aspect of the nomination because in his dissents in both the NFIB case as argues that there is a weaker presump- the Supreme Court will begin hearing well as the case of King v. Burwell, re- tion of stare decisis in constitutional oral arguments in the case of Cali- lated to the tax credits provided by the cases, which could make these cases fornia v. Texas on November 10, which ACA. more vulnerable to review. will decide the fate of the ACA. This is So while the nominee has not said In another article titled ‘‘Stare Deci- not a theoretical debate over how how she may rule in the case of Cali- sis and Due Process,’’ Judge Barrett ar- Judge Barrett may interpret a case in fornia v. Texas on whether the ACA is gues that the current standard of stare the future. This is a real case that constitutional, she didn’t have to. We decisis has become too rigid in modern could eliminate health insurance cov- already know that, had she been on the times and favors a more flexible stance erage for millions of Americans and in- Court in 2012 when NFIB v. Sebelius on reexamining precedent. crease costs for everyone in the next was decided or in 2015 when King v. In particular, I take seriously that year. Burwell was decided, she likely would Judge Barrett indicates that she is It is no surprise that my Republican have voted to invalidate key elements more willing to elevate her originalist colleagues are breaking with their own or all of the ACA.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.278 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6481 Between her public writings and majority could create stricter stand- opinion, it is conceivable that a 6–3 President Trump’s commitment to ap- ards of scrutiny for Second Amend- conservative Court could chip away at pointing judges who are hostile to the ment cases. equality were these rights to be reliti- ACA, I don’t think it is a stretch to It is important to note that Justice gated. imagine how a future Justice Barrett Ginsburg joined other Justices in de- A conservative Court may also act as may vote in California v. Texas. The clining opportunities to revisit Heller’s a bulwark against further expanding stakes for millions of Americans are application. That includes the denial of privacy protections in family life. For just too high to support this nomina- ten certiorari petitions this past term example, a case is set to come before tion to the Supreme Court. that called for the Court to review, and the Court this term, Fulton v. Phila- I am also concerned by Judge possibly invalidate, challenges to State delphia, in which private agencies that Barrett’s extreme views on the Second gun safety laws, including State con- receive taxpayer funding to provide Amendment and the constitutionality cealed-carry laws, gun permit require- government services, such as foster of limits on gun possession. To under- ments, and assault weapons bans. care agencies, could be determined to stand her position, one must first un- Given that only four votes are needed have a constitutional right to deny derstand the test set in District of Co- to grant certiorari review, Judge Bar- services to persons on the basis of sex- lumbia v. Heller. This case involved a rett could play an important role in de- ual orientation. challenge to the District of Columbia ciding whether the Supreme Court adds The next area of concern is how laws that generally made it unlawful Second Amendment cases to its docket. Judge Barrett’s record will impact to possess an operable firearm in the This could generally put commonsense workers’ rights. Unfortunately, Judge home. gun safety laws, even those that have Barrett has a record of voting in favor Justice Scalia authored the major- been upheld for years, at an increased of business interests. Judge Barrett ity’s opinion and was joined by Justice risk of being overturned. voted to reject an en banc review in Roberts and Justices Thomas, Ken- Furthermore, as part of a conserv- Equal Employment Opportunity Com- nedy, and Alito. ative majority, Judge Barrett could mission v. AutoZone, regarding an em- In Heller, the Supreme Court struck initiate major rollbacks of privacy ployer’s policy of assigning Black and those laws down and affirmed the right rights in one’s own home life. During Latino employees to stores in neigh- to keep guns in the home for self-de- her confirmation hearings, Judge Bar- borhoods with people predominantly of fense, while making clear that rights rett declined to say whether the Su- their same race—creating a ‘‘Black secured under the Second Amendment preme Court cases—Griswold v. Con- store’’ and a ‘‘Hispanic store.’’ Judge are not unlimited. The Court provided necticut, Lawrence v. Texas, and Barrett’s colleague who dissented a nonexhaustive list of gun restriction Obergefell v. Hodges—were correctly called this a ‘‘separate but equal ar- rangement’’—a type of unlawful dis- laws that were presumptively lawful, decided. The Griswold case from 1965, crimination, which was well settled by including prohibitions on firearms pos- in particular, is a foundational case in this arena. Griswold, holding that mar- Brown v. Board of Education. sessed by felons and the mentally ill. During her confirmation hearings, However, in the case Kanter v. Barr, ital privacy extends to the right to buy she agreed that Brown was correctly Judge Barrett filed a dissent laying out and use contraception, led to cases ex- decided and beyond overruling. How- a rationale that could lead to the strik- tending privacy in other reproductive ever, Judge Barrett’s decision in ing down of even commonsense gun re- decisions. In her refusal, Judge Barrett AutoZone indicates she is willing to ac- took a departure from past nominees strictions. In this case, the plaintiff cept racially segregated actions by an was convicted of felony mail fraud and who have affirmed that Griswold is set- employer, even when they would be dif- was subsequently prohibited from pos- tled law, including Chief Justice Rob- ficult to reconcile with the core hold- sessing a firearm under both Federal erts and Justices Alito, Kavanaugh, ings of Brown. and State law. and Kagan. Instead of giving a In another discrimination-related When he challenged these laws as straightforward answer, Judge Barrett case, Kleber v. CareFusion, Judge Bar- violating the Second Amendment, the contended that it is unlikely that a re- rett joined the en banc decision allow- majority concluded that Federal and lated case would come before the Court ing an employer to post a job applica- State governments were entitled to bar and tried to frame this issue as well tion with maximum years of experi- firearms possession by people con- settled. However, in Little Sisters of ence, essentially barring applicants victed of felonies. Judge Barrett dis- the Poor V. Pennsylvania, it is notable older in age. The majority took a nar- agreed and concluded that barring non- that the Supreme Court has very re- row view that the ambiguous language violent felons from possessing firearms cently allowed Trump administration of the Age Discrimination in Employ- is not allowed under the Second rules to go into effect, allowing vir- ment Act did not apply in this case, Amendment. She reasoned that, in her tually any employer to deny contracep- reasoning that it applied only to cur- words, ‘‘History does not support the tive coverage based on religious and rent employees and not to job appli- proposition that felons lose their Sec- moral objections. Therefore, it is clear cants. ond Amendment rights solely because that this issue is not beyond dispute In both AutoZone and Kleber, Judge of their status as felons. But it does and could come back before the Court. Barrett has opened the door for em- support the proposition that the state Obergefell and Lawrence were land- ployers to run afoul of our country’s can take the right to bear arms away mark cases that established privacy civil rights laws. This is particularly from a category of people that it deems rights around marriage and intimate concerning because the Supreme Court dangerous.’’ relations between consenting adults, will likely take up cases deciding who Her position lies outside the widely regardless of their genders. While it is protected from workplace discrimi- accepted view that gun restrictions for may be unthinkable that these and nation. For example, the Court could public safety are constitutional under similar rights, which are integral to a face legal challenges in the wake of the Second Amendment. Her opinion person’s ability to construct their per- Bostock v. Clayton County, which con- puts her to the right of Justice Scalia, sonal and family lives, could be under- firmed that title VII of the Civil Rights who delivered the majority opinion in mined, there are worrying indications Act prohibits employers from discrimi- Heller. that they may come again before the nating against LGBTQ people. The ma- Her vote in Kanter makes it more Court. jority’s opinion, however, warned that likely that Judge Barrett would vote Just this month, Justices Thomas future cases will determine whether to strike down similar restrictions on and Alito wrote that they see businesses could use religious freedom firearm possession, even by individuals Obergefell—which granted the right to claims to ‘‘supersede Title VII’s com- with serious criminal histories. This same-sex marriage—as something the mands.’’ outcome alone is concerning. Court needs to fix and that the decision Judge Barrett had additionally ruled Beyond that, her views, coupled with has had ‘‘ruinous consequences for reli- against employees and gig workers by the originalist approach to the Second gious liberty.’’ limiting their ability to hold employ- Amendment endorsed by several sitting Given that Justice Ginsburg was a ers accountable through collective ar- Justices, portend that a conservative crucial vote in the Obergefell 5-to-4 bitration in the cases, Herrington v.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.279 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6482 CONGRESSIONAL RECORD — SENATE October 25, 2020 Waterstone Mortgage and Wallace v. framed the right to vote as a lesser vidual mandate is constitutional. The Grubhub Holdings. Given that disputes right and argued for States’ ability to Court, however, created a new limita- around the rights of gig economy work- limit civic participation. As I ex- tion on Congress’s authority to act ers and the prevalence of forced arbi- plained earlier, in the Kanter case, she under the Commerce Clause. Using an tration agreements are only increas- disagreed with the majority’s opinion originalist approach, the Court found ing, related cases are likely to come that found that all individuals with fel- that Congress can regulate commercial before the Supreme Court. It is nota- ony convictions could be legally re- activity but rejected the idea it could ble, in coming to her conclusion in stricted from possessing a firearm. The compel an individual to engage in it. Grubhub, Judge Barrett cited Epic Sys- majority reasoned that Second Amend- The majority did uphold the Congress’s tems v. Lewis, in which the Supreme ment protections belong to virtuous power to do so under its article I pow- Court held that arbitration agreements citizens, meaning that persons who ers to levy taxes. Alarmingly, four dis- in which an employee agrees to arbi- commit serious crimes may forfeit senting Justices—Justices Scalia, trate any claims against an employer those rights. Judge Barrett used this Thomas, Kennedy, and Alito—ex- on an individual basis—rather than as opportunity to elevate the importance pressed the view that neither the Com- a class—are enforceable. In that case, of Second Amendment rights in con- merce Clause nor Congress’s taxing Justice Ginsburg took the rare step of trast with voting rights. After evalu- powers supported the individual man- reading a particularly strong dissent ating the historical record, she con- date. I will note that, had Judge Bar- from the bench, saying that the Court’s cluded that ‘‘while scholars have not rett been on the Court, she likely ruling was ‘‘egregiously wrong’’ and identified eighteenth or nineteenth or would have joined the dissenting Jus- ‘‘holds enforceable these arm-twisted, century laws’’—and it is interesting to tices, and this case might have gone take-it-or-leave-it contracts—including note that we are being guided by 18th the other way. the provisions requiring employees to and 19th century laws under Judge The implications of this case are sig- litigate wage and hours claims only Barrett’s legal theories. ‘‘While schol- nificant. Taken together, Chief Justice one-by-one.’’ Were a similar case to ars have not identified eighteenth or Roberts’ opinion and the dissent are come before the Supreme Court again, nineteenth century laws depriving fel- centered around the idea that the use it is likely that Judge Barrett and a ons of the right to bear arms, history of a Commerce Clause and/or conservative majority would take a does show that felons could be disquali- Congress’s taxing power under the ACA sharp turn away from Justice Gins- fied from exercising certain rights— was a major legislative overreach. It burg’s legal position and make it hard- like the rights to vote and serve on ju- signals that the Court increasingly er for workers to get their day in ries—because these rights belong only sees these and potentially other con- court. to virtuous citizens.’’ gressional authorities as having more I am further concerned that a 6–3 She explained that, in her view, gun limits. So in the future, when Congress conservative majority Court could rights are individual rights conferred tries to use its power for a novel pur- have a drastic impact in limiting vot- by the Second Amendment, and exclu- pose, it may be susceptible to chal- ing rights. Voter suppression has a sions on nonvirtuous citizens do not lenges in the courts. If the Court con- long history in this country, with apply to individual rights. Judge Bar- tinues to shift in this direction, it will Black voters being subjected to violent rett then distinguished the right to have consequences for Federal legisla- intimidation and legally sanctioned vote and sit on juries as belonging in a tion beyond the ACA. As a result, disenfranchisement. In recognition of different category called ‘‘civic Congress’s authority to robustly ad- this history and after decades of activ- rights.’’ She upheld the ability of dress climate change, civil rights, new ism on the part of many, President States to limit this class of rights technology, and other national chal- Lyndon B. Johnson signed the Voting based on virtue exclusions. In doing so, lenges through legislation could be sty- Rights Act, which in part required ju- she cited a history of State laws going mied or diminished over time. risdictions with a history of discrimi- back to 1820 that excluded felons from And with Judge Barrett’s fascination nation to get approval before changing voting. Judge Barrett, however, failed with the exact meaning of the original its voting rules. This process, known as to include in her analysis the very his- writers of the Constitution, I wonder preclearance, was intended to prevent tory of voter discrimination that led to what their thoughts were about nu- voter discrimination before it oc- the passage of the Voting Rights Act clear energy, satellites in space, a U.S. curred. This law had an immediate and and which would have given important Air Force, which was not specifically positive impact in increasing Black context to the laws that she cited, authorized in the Constitution. I think voter registration and turnout in the which sought to disenfranchise individ- we will find ourselves in a very dif- decades after it passed. uals with criminal records. ficult position where when we face the However, in Shelby County v. Holder, I am also concerned because Judge challenges of climate change, cyber the Supreme Court’s conservative Barrett refused to answer several ques- warfare, that a Court that looks back members argued in a 5-to-4 ruling that tions on voting and elections during will not grant Congress the authority the preclearance formula was no longer her confirmation hearings. Even when to protect the American people. necessary and outdated, exactly be- asked to confirm voter protections al- Also limiting the authority of the cause it was successful. In her dissent, ready enshrined in Federal law, she Federal Government, a 6-to-3 conserv- Justice Ginsburg famously pointed out was not able to give a straightforward ative majority could take on a more the absurdity of the majority’s rea- answer. These exchanges gave me aggressive judicial review of agency ac- soning. She wrote that ‘‘throwing out pause that Judge Barrett has not dis- tions. Several members of the Supreme preclearance when it has worked and is played an appreciation for the norms Court have already called for the re- continuing to work to stop discrimina- that make our democratic and elec- consideration of the Chevron decision. tory changes is like throwing away toral institutions function. This is a legal doctrine that instructs your umbrella in a rainstorm because I would next like to focus on Judge the Federal judiciary to defer to a Fed- you are not getting wet.’’ Predictably, Barrett’s potential in limiting the au- eral agency’s reasonable interpretation the ruling in Shelby opened the flood- thority of the Federal and, indeed, of an ambiguous or unclear statute gates for States to enact restrictive State governments. If confirmed to the that it administers. and insidious voting laws, including Supreme Court, Judge Barrett’s judi- If the Supreme Court overturns the strict voter identification, excessive cial philosophy of originalism is poised Chevron deference, it could strike down voter purging, and gerrymandering. In to diminish the role of Congress as ef- agency rules that do not comport with the wake of Shelby, the awesome power fective policymakers. This method of the Court’s interpretation of the stat- of the Supreme Court to restore or fur- interpretation could disregard the com- ute. This could make toothless envi- ther damage voting rights has become monsense application and spirit of Fed- ronmental, food and drug safety, labor, apparent. eral laws. An example of this is the and a host of other regulations enacted That is why it is troubling that in case I discussed earlier, NFIB v. for the benefit of the workers and con- her dissent in Kanter—which I have al- Sebelius, where the Court decided with sumers. It would also shift the Court’s ready referred to—Judge Barrett a 5–4 majority that the ACA’s indi- decisions in favor of the corporate and

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.282 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6483 special interests that tend to challenge The senior assistant legislative clerk whelming bipartisan confirmation of a these agency regulations in the first proceeded to call the roll. qualified nominee and a bipartisan place. Mr. BENNET. Mr. President, I ask ratification of the independence of the One of reasons that the agencies were unanimous consent that the order for judiciary into an entirely partisan ex- given the authority to implement our the quorum call be rescinded. ercise that has destroyed the Senate’s laws—given by Congress to the agen- The PRESIDING OFFICER. Without constitutional responsibility to advise cies—was their expertise, an expertise objection, it is so ordered. and consent and is now at risk of de- that in most cases far exceeds that of COLORADO WILDFIRES stroying the credibility of the Supreme the U.S. Supreme Court. Mr. BENNET. Mr. President, before I Court and the lower courts as well. Now, I intend to vote against the begin my remarks about the nomina- This may not matter much, I sup- nomination of Judge Amy Coney Bar- tion, I want to acknowledge that to- pose, to the Senators on this floor. It rett to be an Associate Justice of the night, as we are here, there are fires in matters to the American people who U.S. Supreme Court because I am con- many places across the State of Colo- have not consented to the destruction vinced that she will not guard core rado. There are people who are out of of their constitutional right to an inde- constitutional principles, that she will their homes and out of their commu- pendent judiciary free from the par- not interpret the law to protect the nities, who have had to evacuate their tisan insanity of elected politicians. rights of the vulnerable, and that she towns, and there are first responders on In this confirmation proceeding, the will read the law with a backward- the ground in Colorado who are fight- majority renounced its duty to advise looking perspective, not consistent ing these fires bravely every single and consent by giving their consent be- with the realities of our time and the day. fore the President ever chose the nomi- growing dangers that we face in the fu- They have been stretched all summer nee. I don’t believe that has ever hap- ture. through a fire season that has lasted pened in the history of America. As my Republican colleagues accel- into the fall because of our inability to Ours is a Senate where words have erate this nomination at a breakneck deal with our forests and because of cli- lost their meaning. Party advantage pace, it speaks to the deeply misplaced mate change. My hope tonight, as we dictates every action. Shameless hy- priorities of this body. We simply are here, is that the snow that has fall- pocrisy is the stuff of proud triumph. should be not be undertaking a Su- en is going to be more of a benefit than Deliberation is no longer necessary be- preme Court nomination at this time, a curse to everybody who is out there. cause conclusions are all foregone, and especially when it should rightfully So, with that, I thank the Presiding a decision like that affirming Judge take place during the next Presidential Officer for recognizing me, and I will Barrett to a lifetime appointment to term after the voters have made their now give my remarks about this con- the most powerful Court in the Nation decision. firmation. is anything you have the power to The Senate’s foremost priority right NOMINATION OF AMY CONEY BARRETT cram down the throats of your political now should be to provide additional Mr. President, when I was in law opponents. pandemic relief. My colleagues have school, which wasn’t really that long The truth is, this confirmation proc- displayed a profound lack of urgency to ago, the confirmation of a Supreme ess has never been a debate about what address the many challenges Ameri- Court Justice was a chance for the the Senate should do, what the Senate cans face due to the pandemic. This is American people to learn about our ought to do, and what the right thing despite the repeated warnings from system of checks and balances, our to do for this Senate is. It has always public health experts and economists commitment to the rule of law, and, in been a demonstration of what the ma- about what will happen if we do not particular, the independence of judges. jority can get away with and of how enact additional fiscal aid. And whenever the Senate confirmed a they can exercise their power in order However, my Republican colleagues Justice with an overwhelming bipar- to entrench their power. continue to turn a blind eye, even as tisan vote, as it did almost every time, I have no expectation that my words COVID–19 cases spike, businesses close, it reaffirmed that independence and re- are going to change the result tomor- unemployment remains high, and assured the American people that our row. My hope is that we can mark this States consider deeper budget cuts. courts were protected from political in- as the moment that the American peo- Under these extraordinary cir- fluence and that they stood apart from ple said ‘‘Enough’’ and began to re- cumstances, I cannot support Judge the partisanship of the other two claim their exercise in self-government Barrett’s nomination to the Supreme branches of government. from those who have worked relent- the Court of the United States. As we meet here tonight, after 20 lessly to deprive them of it. I urge my Republican colleagues to years of descending into intensifying To do that, we have to be very clear stop this shortsighted rush. Let’s put partisanship in the confirmation of about what this moment means and the best interests of the country first. judges, the Senate is now about to drag what it calls on each of us to do in the Let’s wait a few more days and let the the Supreme Court down to its own days, months, and years ahead. The American people have a say. Let’s decadent level by turning it into just truth is, this confirmation is the latest focus on the COVID–19 crisis, which de- another politicized body that is dis- victory for an unpatriotic project that mands our immediate attention. Just trusted, for good reason, by the people traces back to the earliest days of our because you can do something doesn’t it is meant to serve. country. mean you are doing the right thing. I It is common these days to observe Since our founding, there have al- strongly believe my Republican col- that our institutions are failing. I have ways been factions working toward an leagues are making a major mistake said it myself. But institutions don’t insidious purpose: to so degrade and that will be doing lasting damage to fail on their own. They can’t destroy discredit our national exercise in self- both this institution and the Supreme themselves. It takes people to destroy government that when the American Court, and I urge them to reconsider. them. It particularly takes leaders who people finally throw up their hands in Instead of pushing forward with this have no inclusive, long-range vision for disgust, these factions can distort it ill-suited nominee, let’s get to the busi- our country or our democracy; leaders into an instrument for their interests ness at hand: addressing the great chal- who can’t or won’t think beyond nar- instead of the public interest. lenges we face due to the pandemic and row, short-term interests; and leaders, Today, the Senate majority leader, beyond, as well as working together to I am sorry to say, like Leader MCCON- MITCH MCCONNELL, represents one such fix the Senate so that we no longer NELL. faction, joined by the Freedom Caucus break faith with the people who sent us He may imagine, as he claims, that in the House of Representatives, Presi- here, the people we represent. he is simply restoring the judicial cal- dent Trump, and the legion of deep- With that, I yield the floor. endar to a prefilibuster era. That is pocketed donors and PACs assembled Mr. BENNET. Mr. President, I sug- what he tells his colleagues here when behind them. Because factions like this gest the absence of a quorum. he recounts the story. The majority one have a tough time winning broad The PRESIDING OFFICER (Mr. leader, more than any other actor, has support from the American people for LANKFORD). The clerk will call the roll. transformed what used to be the over- their agenda, they seek other less

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.284 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6484 CONGRESSIONAL RECORD — SENATE October 25, 2020 democratic means to secure their cific aims of these factions have partisan gerrymandering corrupting power—gerrymandering, voter suppres- changed over time, their project has re- our democracy. sion, and, in this case, cramming a mained the same: to protect their Finally, I worry that she will cast nominee onto the Supreme Court dur- power and call it freedom—freedom to the deciding vote to destroy the Afford- ing the fleeting days of a failing, un- enslave, freedom to segregate, freedom able Care Act and strip healthcare popular administration. to pay workers less than they can live from millions of people in Colorado and Over the years, earlier versions of on, to work them to death, to fire them across the country for whom this is lit- these factions have obscured their because of what they believe or whom erally a matter of life and death. project with terms like ‘‘States’ they love, to redline our neighbor- Justice Barrett’s confirmation will rights,’’ ‘‘originalism,’’ ‘‘freedom,’’ and hoods, poison our skies, defund our cement a 6-to-3 majority on the Court with dubious claims like ‘‘separate but schools, and buy our elections. that will allow the powerful to do what equal,’’ essentially turning American At all times, though, their goal has they want, while standing against the words against the American people. been to preserve, as Professor Jefferson American people’s efforts to protect We saw it in the 1890s, when the Su- Cowie puts it, the freedom to dominate one another, to support one another, preme Court invoked freedom to strike others—not only to cement their power and to invest in each other through our down laws that would have let workers but to demolish the economic oppor- democracy. That is where we are. That unionize, establish a minimum wage, tunity and civil rights that would oth- is where we are. prohibit child labor, and create a pro- erwise empower their fellow Ameri- As dispiriting as this moment may gressive income tax. We saw it most in- cans. be, we have been here before as a coun- famously in Plessy v. Ferguson, when Why would they do this? Because, in try. We are not the first generation of the same Court hid behind equality to truth, the original promise of Amer- Americans to face the Senate or a Su- justify segregation. ica—that it would be a society in which preme Court that will stand with the We saw it in 1905, when the Supreme all people would be created equal and powerful against the people. We are not Court perverted the 14th Amendment, endowed with equal rights—terrifies the first citizens to run into a wall of the amendment meant to guarantee them. obstruction as we work to make this the protection of the law for those The consequences for our country country more democratic, more fair, most vulnerable in our society, to in- and for its citizens who do not benefit and more free. vent a ‘‘liberty to contract’’ so that from this project are plain. It batters We have to learn from the examples bakeries could freely force people to our political and economic equity, se- of those who came before us, those who work more than 60 hours a week. Just curity, and opportunity. It degrades answered slavery with emancipation a few years after that ruling, 145 work- our democracy. It robs from future and reconstruction; a Gilded Age with ers were burned alive at the Triangle American generations by hoarding a Progressive Era; a Great Depression Shirtwaist Factory after their em- wealth today. This confirmation is with a New Deal; Jim Crow with civil ployer took the liberty of locking them their latest ill-gotten victory. rights. As it was for them, so it is for inside. Judge Barrett’s nomination comes to us to meet the challenges of our time. We saw it in the 1930s, when the Su- this floor on a path cleared by the And unlike the forces that have preme Court rewrote the commerce same deep-pocketed donors and cor- brought us to this low point, we have a clause in a failed attempt to eviscerate porations that have worked for decades much harder job because we have a far the New Deal, FDR’s historic effort to to protect their power, regardless of greater purpose. build an economy that lifted everyone the cost to the American people and Theirs has been to grind our democ- up, not just those at the very top. their security, well-being, and civil racy into rubble; ours is to build a We see it in our time, in Citizens rights. And based on everything I have strong foundation for the American United, Shelby, and other rulings when learned about Judge Barrett’s record, I people and the next generation. the Supreme Court has asserted the fear she will become one more predict- The American people need us to right of billionaires and other privi- able vote for that agenda. begin building that foundation now. leged interests to corrupt our democ- In her tenure on the Seventh Circuit, They have already paid enough for a racy, while denying the American peo- Judge Barrett sided with corporations government that fails to fight on their ple’s right to defend it. in 85 percent of her business-related behalf—50 years, when 90 percent of And we see it in Judge Barrett’s ad- cases. She sided with employers ac- families haven’t had a pay raise; the herence to originalism, the spurious cused of discriminating by race. She worst income inequality since 1928; legal doctrine that has been knocking sided with employers accused of dis- people working harder and harder than around in the Federalist Society and criminating by age. She sided with ever before but whose families are slid- other circles of far-right lawyers since debt collectors over consumers. She ing farther away from the middle class, the 1970s. By claiming to stick to an voted to block compensation for vic- and now—and now—a national govern- 18th century understanding of the Con- tims of a compensation fund. She voted ment paralyzed by ineptitude, incom- stitution, originalism deceptively im- against workers’ fight for overtime. petence, indifference, and basic sci- plicates Madison, Hamilton, and the The pattern is clear: When consumers entific ignorance that has led to thou- rest of the Framers in any number of and workers sought the protection of sands of needless deaths of our fellow legal arguments, as if they intended the law or the government, she stood citizens and pushed millions of families the Second Amendment to permit in the way. I worry that, once con- and businesses over the brink. bump stocks or the interstate com- firmed, she will continue that pattern We must end this era and replace it merce clause to forbid environmental with rulings to destroy hard-won pro- with more honorable commitment to protections while foreclosing on legis- tections for the American people—rul- competent and imaginative self-gov- lative innovation here and now in the ings to cripple agencies to keep our air ernment responsive to the American present because the men who gathered and water clean, our food and drugs people’s needs. in Philadelphia to draft the Constitu- safe, and our families protected from Their wishes are more than fair. tion, who could not recognize that scammers trying to rip them off; rul- They want a wage they can live on, a slavery should be outlawed or that ings to make it harder for Americans healthcare system that no longer rou- women should have the right to vote, to choose how and when to raise a fam- tinely reduces families to tears, with could also not foresee the need to pro- ily or marry the person they love; rul- options they can actually afford and hibit child labor or require food labels ings to make it easier for felons to buy count on when they need them, schools to tell the truth. guns and harder for us to hold that create possibility and opportunity It is no surprise to me that the gunmakers accountable when their and colleges that leave students with originalists and the tea party-right weapons kill and maim our children in more than just crippling debt; the have embraced shared hagiographies. their schools and on our streets; rul- chance to care for a new child or a sick They are stealing the authority of the ings to block any effort by the Amer- family member without having to quit Founders in an effort to conceal their ican people to fight the voter suppres- a job or lose their pay, safe commu- reactionary project. And while the spe- sion, to fight the dark money, and the nities where parents no longer have to

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.285 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6485 worry about their kids being shot, that Americans will fight for them to achieved yet today but that we work criminal justice and law enforcement make a real difference in their lives. toward, we strive toward, generation and immigration systems that don’t As always, our march won’t begin in after generation, knowing that, in our treat people differently because of the the Chamber of the Senate. But when hearts, that is what we wish to color of their skin, roads and bridges Dr. King, John Lewis, and the many achieve—a nation where everyone is and airports that weren’t built by their who joined them, crossed their genera- created equal, in which everyone is af- grandparents, broadband that works at tion’s bridge, the Senate eventually forded the same rights and privileges, home so kids don’t have to go to school followed and broke the segregationist they are all treated equally, have the in Walmart parking lots in this coun- stranglehold on this body. full measure of opportunity to pursue try tonight, an urgent and durable an- Rather than turn his back on what their life ambitions. swer for climate change so the next was obviously right, the Republican Today, this evening, we are consid- generation doesn’t inherit a planet leader, joined his Democratic counter- ering, in this final 30 hours of debate, a hurtling toward incineration. part, Mike Mansfield, to lock arms in nomination for the U.S. Supreme Court None of this is unreasonable; all of it support of the Voting Rights Act of for a person who will wear one of those is achievable; and we can start with 1965. The segregationist filibuster with- nine black robes and sit in that Su- the coming elections. But that is only ered in the face of noble, bipartisan preme Court Chamber across the plaza the beginning of the fight. majorities. from where we now stand, a person who I can assure you that the same fac- When our time comes once again in will sit in a Chamber behind the doors tion that was willing to enlist every the Senate to cross the Edmund Pettus with ‘‘Equal Justice Under Law’’ in- parliamentary gimmick or deploy any Bridge, we will have to muster the dis- scribed. oratorical sleight of hand or commit cipline to stand behind an agenda that But instead of making a stride to- any act of institutional arson in serv- will endure, one sturdy enough for a ward that vision of ‘‘equal justice ice of someone like Donald Trump will project of our own. And if we do our under law,’’ instead of making a stride continue to do whatever they can get job, my hope is that 50 years from now, toward that vision of government of, away with in this body. our kids and grandkids will look back by, and for the people, this nomination They are not going to stop. They with gratitude that we built on this imperils that vision. This nominee, if have spent decades and billions in dark foundation a house that they and their confirmed, will damage that vision. money, exercising their power to en- children love to live in—an America We have a decades-long scheme by a trench their power. that is more democratic, more fair, and powerful and privileged minority to de- They will not abandon this project in more free. stroy the ‘‘we the people’’ vision of a single election. And we are going to I yield the floor. equality and opportunity in our Con- have to overcome that, just as we are I suggest the absence of a quorum. stitution, to erode the foundation of going to have to overcome the Supreme The PRESIDING OFFICER. The our institutions so that they can rig Court. It won’t be easy. It won’t be clerk will call the roll. the system in their favor. easy, but anyone who studied the his- The senior assistant legislative clerk This has always been a dynamic of tory of our country, our democracy, proceeded to call the roll. republics—those who love that vision knows how hard it is to make progress. Mr. MERKLEY. Mr. President, I ask of a government ‘‘of, by, and for the It is never easy. unanimous consent that the order for Time and again, Americans have people’’ and those who fear that vision the quorum call be rescinded. breached the ramparts of undemocratic of government ‘‘of, by, and for the peo- The PRESIDING OFFICER. Without power. It happened in 1848 in Seneca ple’’ because they want to rig the rules objection, it is so ordered. Falls, when 100 people—mostly in their favor. They want to rig the The Senator from Oregon. women—signed the Declaration of Sen- rules with a vision that would never Mr. MERKLEY. Mr. President, two timents. It happened outside the have a chance at the ballot box, that powerful phrases we often hear in Stonewall Inn in 1969, when thousands would never be embraced by the major- America: one is ‘‘We the People,’’ an- stood up to police abuse of the city’s ity. They want to pull the levers of other is ‘‘equal justice under law.’’ LGBT citizens. It happened when Cesar power from behind the scenes in their ‘‘We the People,’’ the first three Chavez lifted the plight of America’s own favor, to accentuate income in- words of the Constitution, written in farmworkers and Corky Gonzalez gave equality, to accentuate wealth inequal- supersized script so that everyone voice to the history and stifled pride of ity, to prevent those people from vot- could have no doubt that that is what a people. It happened in 1965, when 2,500 ing who disagree with them with every that Constitution—our Constitution— citizens crossed the Edmund Pettus type of contrivance to suppress and in- Bridge on the way to the Alabama cap- was all about. You can see those words timidate voters. ital city of Montgomery. from across the room. They echo so If there is anything in which freedom Each time a few brave citizens have often, how can we possibly forget the of speech has meaning, isn’t it that advanced upon the work of despotism, soul of our Constitution is, as Presi- speech that you make when you mark their fellow Americans joining them, dent Lincoln described, ‘‘of, by, and for your ballot for whom you wish to be because they, too, longed for a better the people’’—‘‘of, by, and for the peo- your representative—perhaps the most country. ple.’’ powerful moment of expression in a re- Perhaps this summer we crossed this That second phrase, ‘‘equal justice public. generation’s Edmund Pettus Bridge, under law’’—a phrase so important to Judge Amy Coney Barrett, the nomi- when fatigued by still unending our system that it is carved above the nee, is certainly not the architect of months of disease, ashamed by Donald doors of the Supreme Court. Just the this scheme, but she is certainly a full- Trump’s embrace of White supremacy across the hallway here from the fledged partner, enthusiastically em- and his failing efforts to make the Chamber in which I now stand, the bracing The Federalist Society and its United States look like a police state, Senate Chamber, you can go into the mission to thwart the will of the people forced to reckon again with the brutal Johnson Room. It served, when John- of the United States of America. and systemic racism of our justice and son was the majority leader of this She doesn’t read those first three law enforcement system, Americans Chamber, as his office. And you look words of the Constitution—‘‘We the decided they could no longer stand a out the window, you can see the Su- People’’—as meaning government of, country on such terrible terms, or per- preme Court Building with that phrase by, and for the people; she reads it as haps this generation’s Edmund Pettus carved into it: ‘‘Equal Justice Under we, the powerful, will decide what is Bridge is still before us, unknown but Law’’—two powerful phrases that, best for ourselves and everyone else; there for those who will do their part taken together, lay out the foundation thank you very much. Boy, talk about to bend the moral arc of the universe. for our democratic Republic. a philosophy that undermines the in- But we must cross this bridge I hope They also represent a vision that is tegrity of our Constitution. That is it. sooner rather than later. aspirational—one that we had not And she is just one of a stream of ju- Like our forebearers, we will cross it achieved when our Constitution was rists rushed through in the last 4 years, only by pursuing ideas so compelling first written, one that we have not organized by the Federalist Society, to

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.287 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6486 CONGRESSIONAL RECORD — SENATE October 25, 2020 further undermine the rights of the occurred 10 months before the election governments, certainly not because worker, to undermine the civil rights and this year it occurred just a few there is a precedent for this action. of Americans, to undermine healthcare weeks before the election. Oh, wait. I was standing here the rights, to undermine environmental We all recognize that, if one was real- other day, and I heard a Member say: laws. It is an agenda that is the exact ly disturbed that this was a conflict, We stand on precedent. opposite of the vision of our Constitu- that disturbance would be much great- Well, we are under our 45th Presi- tion. er this year when there is no time, so dent, although some say it is the 44th And here we have the Members of the little time—just weeks. In fact, it is because Cleveland was elected twice— majority of this Chamber, facilitating not really weeks before the election be- in 1884 and then out of office and back this scheme. They stand determined to cause the election is underway. Fifty in 1892. But anyway, we are under—we shatter any norm, to destroy any million Americans have already voted. say it is our 45th President—President precedent, to break any rule that So it is not just a year of an election; Trump. stands in the way, to abandon any prin- it is during an election. Under our first 43 Presidents, this ciple they so recently passionately pro- I would love to see an outbreak of in- Senate never once—never once—not a claimed in their single-minded grab for tegrity in this Chamber, an outbreak of single time, refused to debate and vote power, this single-minded mission of principle in defense of our Constitu- on a nominee from the President of the stacking the court with extreme right- tion. It is so often that we admire char- United States for the Supreme Court— wing jurists for the powerful over the acter. We admire it when someone says not once. But 4 years ago, under our people—jurists who, rather than stand- ‘‘That person is as good as their word.’’ 44th President, the Republican major- ing firm in defense of the Constitution, I would like to be able to say that, ity said: We are breaking that prece- will use those black robes for the dark, when I heard my colleagues say they dent, and for the first time in U.S. his- dark deed of destroying any pretense of had a passionately, deeply held prin- tory, we are refusing to debate and government of, by, and for the people. ciple 4 years ago that there should be vote. Just 4 years ago the majority of this no debate in an election year, they Now, I would have had some respect Chamber, the same majority, the Re- were as good as their word. for saying that we will debate and we That is what we admire: character, publican majority, said they had dis- will vote, because that is our responsi- principle. We all have heard the quote: covered a new principle that they felt bility under the Constitution. In fact, ‘‘I disapprove of what you say, but I with all their hearts was the right many times in our history we have de- will defend to the death your right to thing to do; that never, under any con- bated here in the Senate, and we have say it.’’ It is a quote attributed to Vol- dition, under any set of circumstances voted, and we have struck down the taire by Beatrice Evelyn Hall. It was should this Chamber ever debate or nominee. vote on a nominee for the Supreme actually more a description of I was surprised to see that almost a Court during an election year. Voltaire’s character, that he believed quarter of the time—almost one out of They made that argument though in a principle so firmly that, even when four nominees has been turned down by the election was far away. The vacancy it disadvantaged him, to his point of this Chamber for the Supreme Court. occurred early in the year. The nomi- death, he would defend it. That would have involved actually nee was named by the President, Presi- Who in this Chamber argued 4 years being here on the floor and making ar- dent Obama, in March. But that dis- ago that during an election year there guments. That would involve actually tant election on the horizon, we have should be no debate or vote on a nomi- taking a vote so you could be evalu- to protect it, and we should hear from nee and has that Voltairean character ated, so your position could be evalu- the people before we decide to debate to defend it when it is inconvenient ated by your constituents. That would and vote. today—not even inconvenient to the You know, it is disturbing to see a point of death, just inconvenient be- have involved fulfilling your respon- so-called deeply held principle vaporize cause of some pressure you might re- sibilities and having the accountability like light rain on hot summer asphalt. ceive politically? Who will stand up that goes with fulfillment of those re- It is disturbing to see a so-called deep- and be that voice of character in this sponsibilities. ly held principle be so easily acquired Chamber? But there was no fulfillment of re- when it violates the precedents of this We all await to see just a few people sponsibilities 4 years ago. There was no Nation and so easily abandoned when it stand up and be a voice of principle in accountability because there was no is convenient to do so. this Chamber. We all stand here and vote taken—the first time in U.S. his- There is just one principle here. It is wait for just a few people to be a voice tory. So don’t tell me—don’t tell me, the principle of power. It is the prin- of integrity in this Chamber. The coun- colleagues—that you stand on prece- ciple of ‘‘we will because we can.’’ It is try waits for a position that can be ad- dent. the principle that we have no principle; mired, of principle, of character, and of Or we can look back in history to a we will toss our integrity to the winds; integrity. Republican President, President Lin- we will trash our arguments of yester- It is not just that passionate argu- coln. President Lincoln was concerned year; we will forget the speeches in ment 4 years ago; it is also about about filling a Supreme Court position which we so passionately proclaimed breaking the rules. Just the other day, during an election, so what did Presi- our positions because we have a mo- the chairman of the Judiciary Com- dent Lincoln do? He delayed the nomi- ment of opportunity to advance power mittee broke the committee rule that nation until after the election. How for the powerful, and we will seize it. at least 2 members of the minority about that precedent? How about the What is different between this year needed to be present for a quorum to Republican majority follow the prece- and 4 years ago when the majority said advance Judge Barrett’s nomination. dent from President Lincoln? there should never, under any cir- And he broke another rule to close de- And then there is the McConnell cumstances, ever be a debate on a Pres- bate that says there has to be a minor- precedent. What is the McConnell idential nominee during an election ity member present. precedent that he put forward 4 years year? What is different? Well, why don’t you just stand up and ago? We never vote or debate a nomi- Well, 4 years ago there was a va- tear up the rules of the committee? nee during an election year. How about cancy. This year there is a vacancy. The Parliamentarian of this body said that precedent? Four years ago it was an election year, that is OK—that is OK. So apparently So precedent after precedent after a Presidential election year. This year there are no real rules to what happens precedent: The historical, centuries- it is a Presidential election year. here under this majority. long precedent of never failing to de- It is the same choice of whether to What is the end goal of this effort to bate and vote—broken. The Lincoln debate or whether to hear from the break the norms, break the rules, precedent of not asking the Senate to voice of the people before deciding how break the passionate principles pro- do a nominee’s hearing, debate, and to fill this vacancy. It is the same nounced 4 years ago? Certainly not to vote during an election—broken. The choice, with one difference. That dif- ensure equal justice under law, cer- McConnell precedent put forward with ference is that 4 years ago the vacancy tainly not to embody ‘‘We the People’’ great passion 4 years ago—broken.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.289 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6487 The goal is to transform the Supreme tives in the Chamber down the hall, the all the restrictions, regulations—the Court into a supermajority, a super- House of Representatives, political sci- freedom to pollute—even though they legislature for the superelite—a 6-to-3 entists estimate that it creates a 15- to know the people of this country really supermajority and a nine-member 20-seat bias in favor of the Repub- value clean air and clean water. So superlegislature operating for the licans—15 to 20 seats. That is a big deal control the courts so they can strike superelite. in the House of Representatives. down those rules to protect our air and That whole vision in our Constitu- It certainly, in terms of equal rep- our water. tion of having a Supreme Court that resentation, is simply wrong because it There are many challenges involved defends the rights of Americans from is unequal representation. But the Su- in the revenue to support our country. the excesses of law written by Congress preme Court decided it was OK. They I mention this because it is another or the excesses of the executive branch decided it was all right. reason the superelite want a super- not following the laws, that is gone. Or we can talk about the Voting majority in the nine-member super- This is not about nine referees in black Rights Act, designed specifically to legislature. It is because the rich don’t robes. This is about having a super- stop tactics to suppress voting or to in- want to pay for the infrastructure of majority in Republican robes for the timidate voters, because isn’t voting this country. superelite of this country. the foundation of our electoral system? Leona Helmsley once said that only Why is that such an important strat- Isn’t it the foundation of our demo- the little people pay taxes. President egy for my Republican colleagues? Be- cratic republic? Trump has said things very close to cause the superelite understands some- But in 2013, in a 5-to-4 decision, the that. Very wealthy people have a lot of thing fundamental, which is that some- five Justices in red robes gutted the enterprises going on. Corporations times the people of the United States Voting Rights Act to unleash voting have a lot of enterprises going on. They have a grassroots movement, and they, suppression and intimidation across are using our legal system continu- holding the Constitution near and dear our country, and we see the results in ously, but they don’t want to pay for in their heart, holding their freedoms county after county after county. it. They are using our transportation near and dear to their heart, rise up We see it in State after State after system continuously, but they don’t against this manipulation by the State. Here is the thing: Before the Su- want to pay for it. They are benefiting superelite, and they pass laws to pro- preme Court struck down the protec- by hiring the products of our education tect civil rights. They put forward a vi- tion of the integrity of voting, we had system, but they don’t want to pay for sion of protecting the environment. a bipartisan majority—a large, exten- it. They say workers have to be treated sive, huge bipartisan majority—in de- Leona Helmsley said it well: For the fairly—a fair day’s wage for a fair day’s fense of election integrity in this superelite, only the little people pay work. And the superelite doesn’t like Chamber. But once the Court struck it taxes. That is the philosophy supported that. down and it massively favored one in this effort to control the courts. But do you know what? If they can party over the other, the Republicans Big banks like this. They want to turn the Supreme Court into a super- abandoned their principles on this and make sure that there is not an uprising legislature they control, they don’t have blocked every effort to restore in the people that says you have to have to worry about it because they protection of voting integrity in our shut down that Wall Street casino that can have the laws written by that nine- Nation. prevents us from putting the entire member Court. They can pull the le- We can look at the impact of money American economy at risk. They want vers of power through the Court. And from corporations on elections. In Citi- to keep that casino in place. Compa- the Court doesn’t have to stand for zens United, 10 years ago, the Court de- nies that are trying to maximize prof- election ever—lifetime. It is done. It is cided that we need to give the ultimate its and stock values certainly don’t locked in. That is the strategy, the source of massive power, ultimate in- like laws that protect workers’ rights very successful strategy, to undermine fluence on elections by freeing them up and protections. the vision of our Constitution. to put as much money into campaigns There are many ways the superelite That superelite, with their super- as they should like. So if a corpora- can pull the levers of power from be- majority of the nine-member super- tion—if I offend them, and I offend hind the scene. Hundreds of lawyers— legislature, they can stand in the way them all the time—chooses that they that is very valuable. Hundreds of lob- of efforts to save our planet from cli- can put $100 million into campaigning byists work on Capitol Hill. There are mate chaos. They can stand in the way against me in my State, it is like a sta- far more lobbyists for the drug indus- of tackling rampant economic inequal- dium sound system designed to drown try up here than there are Members of ity. They can stand in the way of tak- out the voice of the people. Congress. Media campaigns to influ- ing on systemic racism and oppor- Imagine you are at a ball game. You ence public opinion cost a lot of tunity for everyone, regardless of the are there in the stadium, with all your money; that is another power. Think color of their skin. They can stand in community members, and you are try- tanks generate ideas that can move the the way of equality of opportunity for ing to make your voice heard. Every- conversation in their direction. Of LGBTQ communities. They can stand one should get a fair chance to have course, the money in elections is abso- in the way of security and integrity for their voice heard. But the big speakers lutely key. But the courts—the courts our elections. above you drown you out. That is Citi- are the final defense against the peo- They can tear down the work done. zens United. It doesn’t facilitate speech ple. If you can control the courts—who When these two Chambers, the House in the town square; it suppresses aren’t elected, who are invulnerable to and the Senate, are mobilized to fight speech in the town square. It drowns the people—that is your final defense. for the vision of our Constitution—pur- out speech in the town square. At the heart of this court strategy is suit of happiness, fair opportunity— It is as if our Founders had said: We the Federalist Society, organized in they can strike it down. They can want everyone to have a chance to the 1980s. They put high ideals on their strike down healthcare. They can stand up and take their position, make website, saying they are ‘‘founded on strike down reproductive rights. it known in the town square, before the the principles that the state exists to Perhaps the most diabolical part is election is held for the mayor but preserve freedom, that the separation their effort to destroy the integrity of thought it would be OK if a corporation of governmental powers is central to our election system. Now, one form of bought the town square and prevented our Constitution.’’ assault on the integrity is gerry- anyone else from speaking. That is It sounds pretty good. ‘‘Preserve free- mandering, where States draw the lines Citizens United. That is the grotesque dom.’’ It is innocuous. But it is not in order to favor a particular party. violation of free speech in America about preserving freedom. That is the This has been done in States controlled done by five jurists in red robes for the media strategy. It is about crushing by Democrats as well as States con- superelite. the freedom of ordinary people to par- trolled by Republicans. That is a pretty good deal for the fos- ticipate in our elections. It is about When the analysis is done across the sil fuel megapolluters. Our entire plan- crushing the ability of ordinary people country, when it comes to Representa- et is at risk. They want to eliminate to get a fair day’s pay. It is not about

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.290 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6488 CONGRESSIONAL RECORD — SENATE October 25, 2020 the separation of powers. They want gether and say: I can accept that. We But Hamilton read that as allowing the majority in the Senate to work to will argue later over what it meant. something that is relevant and useful create a majority in the Court, closely This originalist philosophy is saying: to facilitate an enumerated power. It connected to each other in this web of Well, here is the secret. There were a would serve the purpose of that enu- the powerful pulling the levers behind bunch of people who had different merated power. And Madison and Jef- the scenes—the opposite of separation views at the time it was written, but I ferson said: No, no, no, it only means of powers. will choose the one meaning that bene- something can be done if it is abso- As described in the book, ‘‘The Lie fits the powerful in America, that fits lutely essential—not that it is rel- that Binds,’’ the Federalist Society the ‘‘we the powerful’’ vision of our evant, not that it is useful, but it is ab- sprang up to implement an anti-demo- Constitution, not the ‘‘We the People.’’ solutely essential to implement the cratic policy agenda and political phi- That is pretty clever—pretty clever enumerated power. losophy—a court system impervious to and pretty diabolical if, in your heart, So one is a very expansive view of the will of the voters. That superelite— you care about this Nation, you care what is allowed by the Constitution, they realized long ago the powers and about the beautiful, extraordinary vi- and one is a very constricted view. All initiatives they wanted were not going sion that we will be a government not these men were involved in writing the to be popular—and thus this strategy, dedicated to those who are the elite, Constitution, all to my point about the this strategy relevant to this confirma- like the kingdoms of Europe, but will differing views that were held about tion. draw its power from the opinion of the each clause of the Constitution. The Federalist Society has been people. That is the view I hold. That is funded by that same group and ex- the view our Founders aspired to. That We have the greatest minds of the panded into a behemoth, with some is the view that is being undermined age, including two who had worked to- 70,000 attorneys. It started in no small day in and day out by the Federalist gether to not only write the Constitu- part by a grant received from the Olin Society. tion but also the Federalist Papers Foundation, a conservative grant-mak- Madison wrote: ‘‘No language is so that had completely different interpre- ing foundation that was the force be- copious as to supply words and phrases tations. hind business friendly law and econom- for every complex idea, or so correct as It takes a lot of chutzpah to say: I ics at law schools throughout the coun- to not include many equivocally denot- know exactly what the universal view try. ing different ideas.’’ was of a clause in the Constitution and I have heard people say: Do you know He is speaking directly to my point: to do so to get the end result you want, what? I joined because they had the The Founders had many different ideas which is government for the powerful. money to buy us dinner, and I was a about what each clause of the Con- That is a powerfully corruptive assault poor law student. stitution meant and what it would on the core vision of our Constitution. According to the New York Observer, mean to be applied. the Olin Foundation gave out hundreds He went on to write: ‘‘All new laws, Let’s take a look at another piece of of millions of dollars in grants ‘‘to con- though penned with the greatest tech- the so-called Federalist pro-business servative think tanks and intellec- nical skill . . . are considered as more viewpoint, which is that corporations tuals—the architects of today’s sprawl- or less obscure and equivocal, until are people, and they have full freedom ing right-wing movement—for a quar- their meaning be liquidated and of speech. The originalists say: Isn’t ter century.’’ ascertained by a series of particular that obvious from the Constitution? The crown jewel of the Olin Founda- discussions.’’ Well, no, actually, it is not at all obvi- tion’s work? The Federalist Society. The words are ‘‘more or less obscure ous because corporations in their cur- The Olin Foundation wrote to its trust- and equivocal, until their meaning be rent form did not exist when the Con- ees in 2003: ‘‘All in all, the Federalist . . . ascertained by a series of par- stitution was written. So it is not only Society has been one of the best invest- ticular discussions’’—again, noting not obvious; it is completely wrong. ments the foundation ever made.’’ that the right philosophy is to seek to Corporations were created for very spe- Since its founding, the Federalist So- understand the motivation, the prin- cific purposes in our early years. ciety has put forward extreme, right- ciple in which those ideas were infused, Professor Brian Murphy, a history wing legal theories. And as their influ- not to cherry-pick one of the many professor at Baruch College in New ence and power have grown, they have conflicting positions in order to sus- York, wrote the following: ‘‘Americans worked hard to bring those theories tain power by the powerful. inherited the legal form of the corpora- into the mainstream—mainstream ar- We can see this in one of the early tion from Britain, where it was be- guments, like originalism, which Judge fights in the history of our United stowed as a royal privilege on certain Barrett, the late Justice Antonin States, of our Constitution. The year institutions . . . used to organize mu- Scalia, Justices Kavanaugh and was 1791, just 4 years after the Con- nicipal governments.’’ Gorsuch all claim to hold. stitution was written. Treasury Sec- This is how Judge Barrett explained retary Alexander Hamilton was work- Well, that is quite different from the her philosophy during her confirmation ing on his financial plan to build up the corporations we have. Americans won- hearings: ‘‘I interpret the Constitution country’s credit, and he wanted Con- dered if they should abolish them en- as a law, that I interpret its text as gress to charter a national bank. Ham- tirely or find a way to democratize text, and I understand it to have the ilton had that goal in position. Madi- them and make them compatible with meaning that it had at the time people son and Jefferson did not like the idea the spirit of independence. They chose ratified it. So that meaning doesn’t of a national bank. They argued about the latter, so the first American cor- change over time.’’ the Constitution. porations ended up being cities and It is a great cover story. It is a great Hamilton said that as long as the schools and charitable organizations. cover story, but it is a cover story. It Constitution didn’t specifically say We don’t really begin to see economic is a cover story for the superelite to that the government couldn’t do some- enterprises chartered as corporations manipulate America. And it dissolves thing, it then could do something. And until the 1790s. upon any detailed examination. We the opposite position held by Jefferson The work being done on our current know, if we bother to read history, that and Madison was, no, the Constitution Constitution was being done when we virtually every clause of the Constitu- only allows something to be done if it were under the Articles of Confed- tion had Founders who disagreed on is absolutely necessary to implement eration. They were in place from 1781 what it meant. Yes, you had a pretty the enumerated power. to 1787, a 6-year period. And during homogenous group—39 White, edu- This argument is over a clause of the that period, corporations were not eco- cated, wealthy men, signing that piece Constitution called the Necessary and nomic enterprises. As the professor of parchment in Philadelphia, but they Proper Clause. It says that government points out, they became economic en- had multitudinous views of the clauses. has the ability to enact laws for the terprises in the 1790s. Yet, somehow, There is a lot of ambiguity in those necessary and proper fulfillment of the these Justices of the Supreme Court clauses that enabled them to come to- enumerated responsibilities. and their red robes of the superelite

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.291 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6489 say that the Constitution makes it ab- from a single anonymous donor. It gave How about tax credits to enable mid- solutely clear that these massive busi- $3 million to two other groups, one of dle-class Americans to be able to buy ness corporations have the same free- which, America Engaged, passed on $1 healthcare? No, no, no. We like that. dom of speech and the ability to par- million of that money to the lobbying How about comparing policies on the ticipate in elections as if they are peo- arm of the NRA that went on to carry website so you can pick a policy that is ple, because they are people. But they on a $1 million ad campaign in sup- right for your family? No, no, no. That are not people. And these economic en- porting Neil Gorsuch. This is vast is a step forward. terprises did not exist when our Con- money in a vast web being deployed to But the Federalist Society, the Presi- stitution was written. influence Americans in every possible dent, and the Republicans in this If you want a single example of the way because these folks hate the vision Chamber have decided that they are complete corruption of the basic argu- of government of, by, and for the peo- going to tear down healthcare for 20 ment made by the Federalists, this is ple. million Americans. So it is hardly a certainly an example to put forward. The Federalists don’t just carry out scare tactic because there are very Murphy continues: public relations campaigns. They don’t powerful forces at work on that mis- The Founders did not confuse Boston’s just recruit law students. They proceed sion. Sons of Liberty with the British East India to be in the very center of things pre- One of the healthcare bill of rights Company. They could distinguish among dif- senting oral arguments. They pre- that people really love in my State, ferent varieties of association—and they un- sented every oral argument on every and actually in all States across this derstood that corporate personhood was a single abortion case that has come be- country, is the protection to get a pol- legal fiction that was limited to a court- fore the Supreme Court since 1992. icy at the same price, even if you have room. They are involved in issue after issue a preexisting condition. Corporations could not vote. Cor- after issue. They have been invested in I was at a fundraiser—a walkathon porations could not hold office. Early litigation efforts against the ACA, the for multiple sclerosis, for MS, when a Americans had a far, more comprehen- Affordable Care Act, by trying to woman came up to me, and she said: sive understanding of corporations strike down healthcare for millions of Things are so much different this year. than the Court gives credit for. Americans well before the act was even I said: What do you mean? The Well, this is indeed the challenge signed into law and before there was weather is different? The turnout is that we have because we have a power- even anything to litigate against. A different? ful elite that has created a system Federalist Society member, Randy She said: No, no, no. A year ago, if completely alien to the core philos- Barnett, coauthored a 16-page legal someone was diagnosed with MS, we ophy of our Constitution of govern- memo against the law, which became a knew they would have a very hard ment of, by, and for the people. They source of talking points during con- time, if they didn’t have good have the money to create those hun- gressional debate and laid the frame- healthcare, getting the help they need- dreds of lawyers working day and night work for subsequent court challenges. ed and then they might face lifetime for their vision. They have the money Is it any wonder that so many of us limits or annual limits that would pre- to create the hundreds of lobbyists up across the Nation are terrified of Judge vent them from actually getting care, here on Capitol Hill working for their Barrett’s confirmation and what it even though they had insurance. But vision. They have the money to create could mean for the health of our citi- now we can get the care we need. the media campaigns that flood the zens? I was interested to hear a col- So that is the goal. That is the goal airwaves for their vision. They have league on this floor—a Republican col- of the Federalist Society: tear down the money to create the Federalist So- league say these are scare tactics. healthcare for millions of Americans. ciety chapters to recruit people when These are scare tactics to say that the You may wonder if when I noted that they first start law school and indoc- Court might strike down healthcare. the Court was against the foundation trinate them in this particular vision, These are scare tactics. of our democracy—the former five Jus- promising them great support and re- Does that colleague not believe the tices, soon to be six Justices in red ward in their careers to support this President of the United States when he robes want to tear down the basic foun- mission of government by and for the said he will nominate someone who dation of our democratic Republic. powerful. will strike down the ACA and its Well, let’s look a little more closely at The network is extensive in ways healthcare bill of rights? It is not a that. that need to be completely understood scare tactic to say the individual who Perhaps I can persuade you because across the country, a network of affili- chose the nominee said he intended to the Court decided that corporations are ated groups. Take the case of the Free- strike down Roe v. Wade and pick people and that they can spend their dom and Opportunity Fund, a nonprofit somebody who would strike down the unlimited concentrated assets in cam- that Mr. Leo, who was very involved in Affordable Care Act. paigns—the case, Citizens United. And the Federalist Society, launched in Now, the Affordable Care Act, in my why do we call it dark money? Well, 2016. For over 2 years, the Freedom and home State, has meant 400,000 people because corporations can give their Opportunity Fund gave $4 million to gained access to Medicaid under the ex- money to a 501(c)(4), so-called non- another group, the Independent Wom- pansion of Medicaid. One of the ironies profit, and the nonprofit gives their en’s Voice. In fact, about half of that is, the largest percentage of bene- money to a super PAC, which runs an group’s revenue came in that manner. ficiaries are in the reddest parts of the independent campaign, and the super In an indepth report from the Wash- State, and the biggest beneficiaries in PAC discloses the nonprofit as the ington Post, when Kavanaugh’s con- terms of providing healthcare are rural donor but not the original donor, so it firmation was running into trouble, hospitals and rural clinics because the is laundered. Nobody knows who fund- leaders from the Independent Women’s people who previously came couldn’t ed that super PAC that is attacking Voice sprang into action, mobilized to pay the bill, so they didn’t have the re- you with millions of dollars of ads. speak at rallies, wrote online com- sources to expand their operation, but So that certainly is the Court weigh- mentaries, and appeared on FOX News. now they do. ing in for the absolute suppression of They went to extraordinary lengths to When I do my townhalls and people the voice of the people and a voice make sure the Federalist Society’s say: ‘‘I just don’t like this ACA’’ be- drowned out by unlimited corporations nominee did not get the full examina- cause they have been hearing that from from the largest, most powerful finan- tion by the people of this country. the rightwing media, I say: Well, let’s cial organizations that exist in the Now, Mr. Leo is listed as president of have a vote of everyone here. You can world. three other groups: The BH Fund, Free- step forward or step backward. Do you Let’s take a closer look at Shelby dom and Opportunity Fund, and Amer- like the idea of children being on your County. Shelby County, which gutted ica Engaged. These aren’t groups that policy until age 26 because that is in the Voting Rights Act, protecting the have employees. They don’t have office the bill of rights—the healthcare bill of foundations for the citizens to fully space. They don’t have a website. And rights of the ACA. No, no, no. We like participate, but the Court strikes it yet the BH Fund received $24 million that. Overwhelmingly, we like that. down—strikes it down. And, last year,

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.292 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6490 CONGRESSIONAL RECORD — SENATE October 25, 2020 in Rucho v. Common Cause, the Court Oral arguments in California v. ing out of pocket for his care would said that gerrymandering is just fine. Texas, the legal challenge brought by likely lead to medical bankruptcy, and They knew that it violates the very Republican-led States with the Trump that burden weighs heavily on him premise of equal representation, and administration’s support are on the every day as he thinks of his wife and they decided that unequal representa- Court’s docket November 10. We know children’s future, as well as his own. tion was just fine. Instead of defending full well that a 6-to-3 conservative ma- Finally, I want to share the story of the vision of our Constitution, they jority of the Supreme Court is likely to Daria Caldwell of Flemington, NJ, be- supported it being struck down. overturn it or maybe just gut the ACA cause her situation really speaks to the And we know the courts have a huge so deeply it will effectively be dead, as challenges that so many of our con- ability to legislate from the bench for if that is somehow any better. stituents across the Nation are going the powerful. We see it time and time At least 20 million people are at risk through right now. Daria lost her job and time again. And, by the way, on of losing their healthcare coverage, and and her health insurance as a result of that decision, Elena Kagan and Gins- 135 million may lose protections for the economic fallout of this pandemic, burg and Breyer and Sotomayor noted: preexisting conditions. The fact that and this happened at the very time she ‘‘[T]he most fundamental of . . . con- you are even willing to roll the dice was diagnosed with multiple myeloma, stitutional rights: the rights to partici- with their healthcare in the middle of a treatable but incurable type of blood pate equally in the political process, to a global pandemic that has already af- cancer. join with others to advance political fected more than 8 million Americans Daria is 62 years old. She is not old beliefs, and to choose their political and killed over 224,000 of your country- enough to enroll in Medicare. She is representatives,’’ is assaulted by this men is reckless and cruel. Don’t you paying for COBRA right now, but it decision. see you are playing with fire? And you will soon run out, and she will need to Colleagues, we are in dark and dan- don’t seem to care that hundreds of find new coverage. Before the Afford- gerous, tumultuous times. It is exactly millions of Americans, Americans you able Care Act, someone like Daria, those times that require us to stand on represent, are going to get burned. It is with expensive preexisting conditions, principle, with integrity, to defend our not as if you aren’t hearing from peo- would basically be blacklisted from the institutions. This process, which has ple in your States who fear a future individual health insurance market. An violated precedent after precedent without access to healthcare; it is that insurer would take one look at her after precedent—a 200-year precedent you are not listening. medical history, and the fact that some in which always a nominee is debated Yesterday, I spent some time with of her cancer drugs, like Revlimid, cost and voted on, violated 4 years ago to New Jerseyans for whom the Afford- hundreds of thousands dollars a month, steal a Supreme Court seat; the Lin- able Care Act—in their words, not and they would simply turn her away. coln precedent of not putting forward a mine—is a matter of life or death. For She said: nominee during election; the McCon- several of them, going without quality Dissolving the ACA would cost me my life. nell precedent of saying we never de- healthcare coverage is, in their words, bate and vote in an election year enun- She says: a death sentence. That sounds dramatic because it is. I don’t ciated just 4 years ago; and the rules I wonder how many of you would broken in the Judiciary Committee— want to die, but I feel like a price tag has have the courage to listen to their sto- been put on my head and the constant threat all of this about one position, and that ries, look them in the eye, and tell is beyond anything I thought I would ever one position is power but not power for them you have no plan to protect their have to endure. It’s nearly as devastating as the vision of government of, by, and for care. I suspect not many. So I am going the diagnosis itself. the people but power for the powerful to share just a few of their stories. Now, I am not telling this body these to undermine the ability of the people Stephanie Vigario is a 31-year-old es- stories just to pull at your to have government of, by, and for the sential worker, a pharmacy technician heartstrings, though, believe me, lis- people. from Newark, NJ, who caught COVID– tening to these men and women as I did Let us honor our oath to the Con- yesterday moved me beyond tears. I am stitution; let us defend the integrity of 19. She spent 2 months—2 months— sharing their stories, their incredibly the Court; and let us strike down this fighting for her life in a hospital, in- personal struggles, to remind my col- nominee to defend the integrity of the cluding 35 days on a ventilator. By the leagues on both sides of the aisle that Court. grace of God, she survived, but her life I yield the floor. may never be the same. Even after all to the American people this is not ideo- The PRESIDING OFFICER. The Sen- the intensive rehabilitation she went logical. This is not abstract. It is per- ator from New Jersey. through, she is still working on her re- sonal. These are matters of life and Mr. MENENDEZ. Mr. President, I covery. death. rise to speak in opposition to the con- There are hundreds of thousands of Of course, the Affordable Care Act firmation of Judge Barrett to the Su- COVID–19 survivors like her grappling isn’t the only issue at stake here. The preme Court. We should not be holding with the long-term health con- very reason we are here considering a this vote. sequences of a disease we don’t yet Supreme Court nominee in the final We are in the eleventh hour of a fully understand—organ tissue damage, days of a Presidential election is, I be- Presidential election, and 56 million weakness and fatigue, chronic short- lieve, because my Republican col- Americans have already voted. The ness of breath. These Americans now leagues fear the will of the American American people are sending a mes- have a preexisting condition. Without people. sage, and we ought to hear what they the Affordable Care Act, health insur- The number of Americans who sup- have to say. ance companies could once again begin port the most far-right positions of the Instead, what is happening in the pricing them out of coverage or deny- Republican Party is shrinking, and so Senate is an obscene power grab by my ing it altogether. stacking the Supreme Court is their Republican colleagues to bypass de- I also had the privilege of speaking only path to advancing their unpopular mocracy and force the least popular with Scott Chesney of Verona, NJ. agenda, and they know it. and most extreme views of their party Scott is a married father of two who at They know that most Americans— onto the American people with no re- the tender age of 15 was paralyzed from nearly 80 percent according to the last gard for the life-and-death con- the waist down. He faces a lifetime of decade of Gallup polling—oppose crim- sequences of their actions. expensive medical needs. To quote him: inalizing abortion. The overwhelming So, my friends in the majority, you Aging with a disability—a preexisting con- majority believe in the right of a had a decade to create an alternative dition—is tough. Your body breaks down. woman to decide when she has chil- to the Affordable Care Act. You still Thankfully, my wife has health insurance dren, and they know it is none of the have no viable plan. And after failing because if I don’t get the medications and government’s damn business. to repeal it in 2017 and suffering an un- therapy I need, I don’t live. They know that most Americans sup- precedented electoral rebuke in 2018, But without the Affordable Care Act, port action on climate change and lim- you are relying on the Supreme Court Scott will likely face annual caps and its on how much poisonous pollutants to do your dirty work. lifetime limits on his healthcare. Pay- companies can pump into the air.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.294 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6491 They know that most Americans, in- have twisted and distorted every rule One of the reasons we shouldn’t be cluding responsible gun owners, sup- and broken every norm to get your way here is that the Judiciary Committee port lifesaving background checks and just because you currently have the broke its own rules in order to vote tougher gun safety laws. power to do so. That does not make it this nomination out. Here is rule 1 And they know that most Americans right. under ‘‘Quorums,’’ section III, of the believe that their LGBTQ sons and You are poisoning the well of the Judiciary Committee rules: ‘‘Seven daughters and friends and neighbors Senate and flooding our Nation with Members of the Committee, actually should be able to marry the people bad blood, and you have revealed your- present, shall constitute a quorum for they love and live their lives free of selves to be so fearful of the demo- the purpose of discussing business. discrimination. cratic will of the American people that Nine Members of the Committee, in- My colleagues seem to have forgotten you will confirm a Justice to the Su- cluding at least two Members of the that as elected representatives of the preme Court whose views are far out- minority, shall constitute a quorum for American people, they are supposed to side the mainstream just days before the purpose of transacting business.’’ reflect the will of the American people. the conclusion of the Presidential elec- What an inconvenient rule. But I And guess what. The will of the people tion. have to presume that that rule, which changes. This isn’t the 1950s anymore. I urge you not to go through with has been there for years, was put there But rather than adjust your sails to this vote. This is a craven abuse of for a reason: in order to preserve the the winds of change, rather than meet power that will ultimately inflict great tradition of comity and respect for the the American people where they are on harm on the American people. His- minority that this body has often stood issues of life and death, you would in- tory—history—is not going to forget it. for. stead prefer to sink the whole ship. And I think someday—probably sooner ‘‘Nine Members of the Committee, in- Those of my colleagues who know me than you think—you are likely to re- cluding at least two Members of the know that I try to see the best of my gret it. minority, shall constitute a quorum for colleagues on the other side of the With that, I yield the floor. the purpose of transacting business.’’ aisle. I really do. I pride myself on my The PRESIDING OFFICER. The Sen- That quorum wasn’t there when this working relationships with so many of ator from Maine. nomination was reported out. you, and some of you, I even consider Mr. KING. Mr. President, ‘‘The So we have trampled precedent. We dear friends. But I was stunned—just American people should have a voice in have trampled history. We have even stunned—by the hypocrisy. Where are the selection of their next Supreme trampled the rules. your principles? Court Justice. Therefore, this vacancy And I know that my colleagues say: When you blocked Merrick Garland’s should not be filled until we have a new But it is in good cause. We need to get nomination, you didn’t say it was be- President’’—Senator MITCH MCCON- this conservative Justice on the Court. cause President Obama was a Demo- NELL, February 13, 2016. I don’t always It is for a good cause. crat and the Senate was held by Repub- agree with Senator MCCONNELL, but I I am reminded of that wonderful licans. You said very clearly at the agree with him on that one. This is a play: ‘‘A Man for All Seasons,’’ about time it was because a Supreme Court violation of our rules, of our history. the ends justifying the means. Roper vacancy should not—not—be filled dur- There have been 13 vacancies within says: ‘‘So now you’d give the Devil ben- ing a Presidential election year. You the last 10 months of a Presidential efit of law’’—the rules? said the American people should have a election year in American history. Sir Thomas More said: ‘‘Yes. What voice. Now, it is clear you didn’t even Nine of them were before July 1. Of would you do? Cut a great road the law believe the words you were saying at those nine, seven were confirmed by to get after the Devil?’’ that time. the Senate, two were not: one under Roper said: ‘‘I’d cut down every law You were determined to deprive a President John Tyler and the other in England to do that!’’ democratically elected two-term Presi- was Merrick Garland. Then here is the point. This is what dent of his constitutional prerogative There have been only four vacancies More responds: in order to fundamentally alter the in the Supreme Court that have oc- Oh? And, when the last law was down, and makeup of the Supreme Court. You did curred after July 1 of an election year; the Devil turned around on you—where it in order to tip the scales of justice zero of them have been confirmed: would you hide, Roper, the laws all being three in three cases, including Abra- flat? This country’s planted thick with laws against women, workers, voters, for coast to coast—man’s laws, not God’s— LGBTQ Americans, patients, con- ham Lincoln. They weren’t even nomi- and, if you cut them down—and you’re just sumers, and immigrants for genera- nees; the President waited until after the man to do it—d’you really think you tions to come. the election. In one, there was a nomi- could stand upright with the winds that Judge Barrett is the culmination of a nee; the Senate tabled the nomination. would blow then? Yes, I’d give the Devil the 30-year fever dreamed up and cooked up So all of this talk that we have had benefit of the law, for my own safety’s sake. by the Federalist Society and its cor- about history and precedent, those are That is why we have rules, for all of porate benefit factors. They will fi- the facts: 13 in the last 10 months, 9 of our safety’s sake. But we are going to nally have enough Justices to do their them before July 1—all were confirmed violate those rules. We are in the proc- bidding, and the American people are except one 150 years ago and Merrick ess of violating those rules. the ones who will have to deal with the Garland. I have heard a great deal of pearl real-world consequences of this shame- I agree with MITCH MCCONNELL on clutching around here about packing less hypocrisy. the 13th of February 2016: ‘‘The Amer- the Court. Oh, no, somebody is talking We have to remember what this is all ican people should have a voice in the about breaking the rules and packing about. This is about the right of an selection of their next Supreme Court the Court. Well, of course, article III of LGBTQ American to be by the bedside Justice. Therefore this vacancy should the Constitution doesn’t establish how of their loved one as they take their not be filled until we have a new Presi- many members of the Supreme Court last breath. This is about the ability of dent.’’ He said that 8 months before the there should be. The number of the Su- a rape or incest survivor to terminate election. preme Court has been changed seven an unwanted pregnancy without gov- This confirmation, if it takes place times in our history. It has ranged ernment intrusion. This is about the tomorrow, will be 8 days before the from 4 to 10. ability of a cancer patient to afford her election. It doesn’t pass the straight- I don’t want to pack the Court. I treatment and a baby with a heart de- face test. If there is a concern about don’t want to change the number. I fect to get treated without a lifetime the will of the American people, about don’t want to have to do that, but if all limit within weeks of being born. one-third of the voters have already of this rule-breaking is taking place, So I am urging you—no, I am plead- voted. This election is already one- what does the majority expect? What ing with you—to think long and hard third over, and yet we are barrelling do they expect? They expect that they about the consequences of your actions forward with this nomination. We are going to be able to break the rules for both the American future and for shouldn’t even be here. We shouldn’t with impunity, and when the shoe, the future comity of this body. You even be having this discussion. maybe, is on the other foot, nothing is

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.296 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6492 CONGRESSIONAL RECORD — SENATE October 25, 2020 going to happen, that the people over a lifetime appointment to the Court— izes the Congress to raise and support here are just going to say: Oh, well, we and in the middle of one of your dates, an Army and a Navy. What about the can’t change these rules? you say: Well, I really like to travel. Air Force? What about the Air Force? One of the things that has amazed me Do you like traveling? And she says: It doesn’t say Armed Services; it says since I have come here is how people Well, I don’t know. I can’t tell you Army and Navy. feel that they can do things to one an- until after we are married. I am not So we look to the text, Army, Navy— other and never have it have any con- sure. I couldn’t give you a definitive doesn’t mention the Air Force—so let’s sequences, never have it come back on answer to that. look at the intent. Do we think that them. The shoe may be on the other And then you say: Well, I love opera. those guys in Philadelphia looked foot. We don’t know what is going to Now, my favorite thing is to go to ahead 115 years to the Wright brothers? happen next week. opera. How about you? Of course not. The other piece of this nomination Well, I can’t answer that question. I That is ridiculous. That is a ridicu- that bothers me in this process is that can’t tell you because that is hypo- lous interpretation. Well, so how do there has been all this talk about thetical, and I will tell you when you you decide that the Air Force and, qualifications. I would argue that invite me to an opera after we are mar- more recently, the Space Force is con- qualifications isn’t the question; it is ried. stitutional? Well, you do a reasonable what kind of judge they will be. There Then you say: Well, how about kids? interpretation. What was the broad in- are thousands of people in this country I really want to have a big family. tent? To protect the country. And, who are qualified to be a judge. There No, I am sorry. I can’t answer that therefore, the Air Force and the Space are 1,700 Federal judges—almost 2,000. question. Force are constitutional. There are 30,000 State judges. There are That is exactly what is going on in But by an originalist’s standard, nei- lots of people who are qualified, who these hearings. ther one passed the test—not in the have been to law school, who have been Judge Barrett didn’t answer much of text, not in the intent. That is sup- judges, who are smart, who can write anything. ‘‘I can’t answer that.’’ I posed to be the test. It is nonsense. It opinions. That is not the issue here. think that is nonsense. is a nonsense theory. The issue is, what kind of judge will She can say: Here is how I think The provision of the Air Force is this person make? That is what is im- about that issue now, but I reserve my pretty easy. The President has to be 35. portant. What is their philosophy? This right to change my mind in a par- That is easy. There are two Senators is a lifetime appointment. How are ticular case with particular facts after from every State—not three, not one— they going to decide important cases? I have read the briefs and heard the ar- two. Those are easy. These are important decisions. gument, but here is how I think about But what about a term like ‘‘due One week after the election, on No- that now. process’’? What about due process and vember 10, we are going to have an ar- But no. These hearings are a waste of the Fifth Amendment? What does that gument in the Supreme Court about time. We learned whether or not she mean in a real case? Can you be thrown the future of the Affordable Care Act. did her laundry, but we didn’t learn in jail for life and not have access to a Literally, tens of millions of people’s anything about how she is going to de- lawyer? Is that due process? It was for insurances depend upon that, not to cide these cases for the next 30 years. about 150 years. It wasn’t until the six- mention the requirement in the Afford- This isn’t something abstract. This is ties that right to counsel in the Gideon able Care Act, which is the only legal going to affect individual Americans’ case became a constitutional right. requirement in the country to protect lives; yet we are not allowed to find Did the courts invent that? No. They people with preexisting conditions. out what she really believes. were trying to put some life into this I am tired of people around here say- But do you know what? For these concept of due process. There is no way ing, ‘‘I am for protecting preexisting last three nominees, the dark money to determine exactly what a broad conditions,’’ when they voted to gut folks have spent about $250 million to term like ‘‘due process’’ meant in 1787 the Affordable Care Act 35, 40, 50 times. put them over the finish line; a quarter or in 1868 or in 2021. It takes a court to The President of the United States of $1 billion have been spent by peo- think about it and to apply some signs an Executive order saying, ‘‘We ple—we don’t know who they are—to growth in morality, ethics, law, poli- are going to protect preexisting condi- push these nominations. These folks tics, culture, to put life into a provi- tions.’’ It means nothing. It is not aren’t investing that money on spec. sion like that. worth the paper it is printed on. They know what they are getting. We There are other ones. Let’s see: Due The only way you can protect people may not know what they are getting, process, equal protection of the laws. It with preexisting conditions is to pass a but they damn well know what they took about 100 years to get from the law that you can do that, and we did it are getting. 14th Amendment to Brown v. Board of with the Affordable Care Act. If that They didn’t spend a quarter of $1 bil- Education. So the fact that segregated law is struck down, 130 million Ameri- lion in the hopes that they knew what schools were a violation of equal pro- cans are at risk. They are at risk. So I the results were going to be; they tection of the law wasn’t very obvious want to know what kind of decisions is know. They know, but we don’t. They in 1868. It took 100 years for us to get this person going to make? are investing; they are not contrib- to the place where, yes, everybody real- The Affordable Care Act is on the uting. izes that that was wrong. chopping block. A woman’s right to We do have some indication of what This is one of the fallacies in the choose is on the chopping block. The her philosophy is in the abstract of she originalist theory, and Judge Barrett scope of government action, what can won’t answer questions about par- was asked about this: What about we do here in this body, in this Con- ticular cases, but in the abstract, we Brown v. Board of Education? What gress, in this government, that is on know that she says she is an about Loving v. Virginia? I was in law the chopping block. Election disputes originalist. She says Antonin Scalia school when Loving was decided. It was are on the chopping block. I am going was her mentor. She was his clerk, so illegal in Virginia to have an inter- to talk a little about that later. she is an originalist. racial marriage. It was illegal in a lot But we have this bizarre current What does that mean? Well, it means of States. I venture to say it was prob- practice, where we have a so-called if you have a provision of the Constitu- ably illegal everywhere in 1868. hearing and there are all these question, in order to interpret what it But the Court, in 1967, decided that tions, and the witness, the prospective means, you look at two places: You marriage was a fundamental right, Justice, says: Well, I can’t answer that look at the text, what does it say, and that it was part of the equal protection because that might come up when I am then you look at the intent, the under- of the laws, and that it was wrong to on the Court. I can’t tell you what I standing of the text of those 55 men in tell people of different races that they think about any of these things. Philadelphia in 1787. That is it, period. couldn’t marry one another. It is as if you were courting someone, That is the analysis. So how does the originalist handle you are thinking about getting mar- Well, there are a couple of problems that case? They don’t dare say that ried—a lifetime commitment, just like with that. Article I, section 8, author- Brown was wrongly decided or Loving

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.297 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6493 was wrongly decided. Do you know Listen to this. He concludes this: We create a Constitution to give what they say? Do you know what she We might as well require a man to wear power to people over our lives, and said? It is a superprecedent. Well, come still the coat which fitted him as a boy as then how do we control them from on. That is a label. It doesn’t mean civilized society to remain ever under the abusing us? History tells us it will al- anything. That is a dodge. That is in- regimen of their barbarous ancestors. ways happen. Lord Acton, in the 19th tellectual dishonesty. Now, I don’t think our ancestors, the century, said power corrupts and abso- If your theory works, it works. If you Framers, were barbarous, but they lute power corrupts absolutely. Power have to say that Brown or Loving or hadn’t really thought about things like corrupts. Absolute power corrupts ab- dozens of other cases—Miranda, Gid- right to counsel, right to be aware of solutely. eon—are all superprecedents, it doesn’t what your rights were under the Con- And the Framers knew this. They speak very well for your theory. It is a stitution as a criminal defendant. They were geniuses in terms of under- copout. certainly weren’t aware of the awful, standing human nature, so they cre- Now, if Antonin Scalia were here— awful impacts of racial segregation and ated this elaborate Rube Goldberg whom I knew in law school, by the racial segregation in the schools. They scheme to make it hard to make laws. way. I knew him as Nino. If he were weren’t aware of those things. And, boy, did they succeed, as we well here, he would say: Well, Angus, if the Jefferson is right. We have to be able know. But even after they created this Constitution needs amending and to allow our institutions to change as scheme with two houses and vetoes and changing, you don’t do it by the courts; we become more developed, more en- conference committees and two-thirds you do it through the amendment proc- lightened. As new discoveries are made, and treaties and all of this complex in- ess. That is why they wrote it. new truths disclosed, and manners and stitution to make laws, they were still Well, the problem with that is we opinions change, with the change of scared. They were still afraid of the would be amending the Constitution circumstances, institutions must ad- powers of a rampant majority. They about every 2 weeks around here. Can vance also to keep pace with the times. were still afraid of what their govern- Now, I understand the problem with you imagine, if we had to do an amendment would do to them. judicial legislation. I don’t want to ment to the Constitution, going So they passed the Bill of Rights— convert the Supreme Court into an through Congress by two-thirds and the Bill of Rights. I have always unelected third branch of the Congress three-quarters of the States to legalize thought of the Bill of Rights as a kind that has lifetime tenure. I get that. the Air Force or to say that due proc- of force field around us as individuals, The Supreme Court, in its interpreta- ess means that you don’t have to give things that they can’t do to us. They tion of the Constitution, can’t be to- evidence against yourself; that you can’t take away our freedom of reli- tally unmoored from the text of the have a right to a lawyer; that you have gion. They can’t take away our free- a right to be told what your rights are, Constitution or the intent of the Fram- ers, but it has got to take a broader dom of speech. They can’t go after the as is the case in the Miranda decision? press. The government can’t do these The Space Force. We passed the view of what these vague terms like ‘‘due process,’’ ‘‘equal protection of the things. Space Force last year. We would have The originalists have a narrow view laws,’’ ‘‘privilege and immunities’’— had to also do a constitutional amend- of what the Federal Government can do what those things meant and what ment. No. If that were the case, if we to help us, but they have a broad view had to do a constitutional amendment they mean today as we have grown and learned—as we have grown and learned. of what the States can do to trample every time there is a change in some- on those individual rights. They want thing in the Constitution, in the mean- The other piece of this originalist philosophy and the one that I think to throw us back to a time when every ing of a term in the Constitution, the State has its own rules on these funda- Constitution would be as long as the may have the greatest effect as it takes root on the current Supreme mental rights. United States Code. It just doesn’t I don’t think individual Americans’ make sense. Court is not necessarily in the cases that we are talking about like Roe v. rights should depend on geography. The real problem with the originalist They shouldn’t depend on where they theory—and this is Judge Barrett, and Wade. It is more cases like the Afford- able Care Act or the Environmental live. Fundamental human rights that I know she is intelligent, capable, law are in the jurisprudence of the U.S. Su- professor, judge—for only 3 years, by Protection Agency or the FDA or any effort whatsoever around here to do preme Court over the last 150, 200 years the way, but 3 years. The real problem should not be kicked back to the is, the originalist theory to which she something about climate change. This is a straightjacket for the pow- States to be compromised or mini- subscribes—and she says she subscribes mized. to it—allows no room for moral or eth- ers of the Federal Government. That is really what it is all about. That is why Finally, what is going on here is an ical growth. Everything is frozen in those guys invested $250 million. They undermining of confidence. We take 1787—or 1868 if you are talking about want to cripple, strangle, and squeeze this whole thing for granted—these the 14th Amendment. magnificent halls, the marble columns, Jefferson got this. Jefferson wasn’t the Federal Government so that it can’t act on behalf of the American the speeches, the votes. It has always one of the Framers. He was in France happened; therefore, it always will. at the time the Constitution was writ- people. That is what is going on here. They don’t like the regulatory state. No. We are an experiment. We are an ten, but he certainly is one of the experiment that has been going on for Founders of the country, the author of They want to repeal the new deal. Some originalists even question So- a little over 200 years. In human his- the Declaration of Independence, and a cial Security and Medicare, beyond the tory, we are a blip. We are an anomaly. successful President. powers of the Federal Government. Democracy is very unusual and very He wrote an interesting letter in 1816 That is what is going on here. hard, and it depends on trust. If you on exactly this point, exactly this Yet, they have a narrow, crabbed stop and think about it, it depends on point. Here is what Jefferson said: view of the powers of the Federal Gov- trust. I am certainly not an advocate for frequent ernment, but these originalist folks When my town clerk in Brunswick, and untried changes in laws and constitu- ME, says ‘‘Here are the votes—Trump tions. have a broad view of the powers of the State government to impose on your 87, Biden 104,’’ I trust that those are That is the way I feel. personal rights. the right numbers. I trust. If I don’t, But . . . laws and institutions must go I have always thought of the Con- then that way lies chaos. hand in hand with the progress of the human mind. As that becomes more developed, more stitution as being an elaborate What this Senate is doing right now enlightened, as new discoveries are made, Vegematic which slices up power so is one more drip in the undermining of new truths discovered and manners and opin- that it isn’t concentrated in any one confidence in this institution. It is no ions change, with the change of cir- place. That is what the Constitution is secret that confidence in Congress has cumstances, institutions— all about. The fundamental issue of all plummeted over the last 25 or 30 years, That means us. political science is quis custodes ipsos and we are doing it. We are adding one —must advance also to keep pace with the custodiet, an ancient Roman question: more brick to that wall of lack of con- times. Who will guard the guardians? fidence in this process by violating our

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.299 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6494 CONGRESSIONAL RECORD — SENATE October 25, 2020 history and our rules to barrel through these circumstances, who we are pretty Justice Ginsburg made justice cool to a confirmation that I think is incon- sure is going to take positions anti- because Justice Ginsburg understood sistent with the rules and principles of thetical to those of the majority of that justice is supposed to be about this body and our own personal obliga- Americans and could take positions people, and it is supposed to be about tions. that will be profoundly damaging to a the Constitution. She started when no This is a blow to the Senate. What majority of Americans is an abdication one gave her a chance, going to law this process says is that anything goes of our responsibility. school when there were hardly any as long as you have the votes. We don’t I understand that the majority has girls going to law school. In fact, they care about the rules of the Judiciary the votes. I deeply hope that, tonight told her not to, and she ends up grad- Committee. We don’t care about the or tomorrow morning, some Members uating first in her class. She then history and traditions of the Senate. If of the majority will wake up and have comes up with landmark theories on you have the votes, ram it through. an attack of conscience and say: I can’t equal protection, and she is told maybe This body is built on some restraint, do this. It is not right. It is not right. a man should argue these cases because on some rules of comity and restraint I can’t sacrifice the reputation of the they are so important and a man would and responsibility and thinking of Senate, compromise the reputation of have a better chance of winning them. what happens next. the Supreme Court, undermine the pro- She said: No, I will do them myself. You are going to win this. You have cedures and history of this body. I And she wins five out of six cases. She the votes. You are going to put this can’t do it. ends up on the Supreme Court, writing judge through—but at the cost of just I hope four Members of the majority landmark opinions and infamous dis- pulling one more support out from un- will find it in their hearts and minds to sents. derneath the edifice of this magnifi- take that position. I am not optimistic, At her memorial in the Capitol, it cent government. It is not only a blow but I think we all need to go into this was the rabbi—and I was so honored to to this institution; it is a blow to the decision, and I think all those who vote be there, a moment I will never for- Court. It is a blow to the Court, and tomorrow have to understand what get—and the rabbi said: You know, here is why. they are doing and what it means and those dissents, those weren’t cries for Of all the things that Judge Barrett what it will mean to the people of this defeat, they were blueprints for the fu- said and didn’t say in her hearing, the country. ture. one that disturbed me the most was We could have done better. We should That is how I must think of this mo- her failure to commit to recusing her- have done better. We owe it to the ment in time, as we are in the middle self if a matter comes before the Court American people to do better than this. of voting, as over 50 million Americans shortly after her confirmation involv- I yield the floor. have already cast their ballots, making ing this election of her patron, Donald The PRESIDING OFFICER (Mrs. their voices heard, that you can’t take J. Trump. HYDE-SMITH). The Senator from Min- away the fact that this nomination was That is a gimme. Do you know why? nesota. plopped down in the middle of an elec- Because all the Court has is its credi- Ms. KLOBUCHAR. Madam President, tion, which is what I have argued from bility. The Court doesn’t have an army. I come to the floor today following my the beginning. It doesn’t have the power of the purse. friend, the Senator from Maine, at a This will not be a cry of defeat for All it has is its integrity, its reputa- critical moment for our country and the people of this country who care tion for fairness. If you go out that for the United States. Americans, as about Justice Ginsburg’s legacy—her door and look up, it says ‘‘Equal Jus- we know, are facing an unprecedented legacy on protecting women’s rights, tice Under Law.’’ That is what it is all health and economic crisis that has her legacy on voting rights, her legacy about. gripped our country for over 9 months. on so many other fundamental issues The judicial canons speak to this But, sadly, that is not what brings us to the people of this country. issue very directly. Often in our lives to the Senate floor today. It is not why We know what her last fervent wish we all want to avoid impropriety, but the Republican leader has called the was. Those were her words, ‘‘fervent the judicial canons go even further: 2A Senate into session. wish.’’ Only Justice Ginsburg would of the judicial canon says that a judge Is it to pass the legislation that we use those words at the end of her life, must avoid the appearance of impro- need to pass, to carry on the work of but she did. She said that her last fer- priety. What could appear to be more the CARES Act, to help people out in vent wish was that the next Presi- improper than a judge appointed by a our country right now when nearly dent—the President who wins this elec- President of the United States, and 10 every State is starting to see increases tion—should be able to pick the person days later she votes on a matter that in this virus again? That is not why we to take her place. will involve his election? are here. On this rainy, cold Sunday in That is what she asked for. That is He has already told us he wants this October, instead of meeting to debate what so many Americans—the major- election to go to the Supreme Court, and vote on a comprehensive bill to ity of Americans—think should happen and he has already told us he wants his provide relief to the American people there. But that is not what is hap- Justice there. That is corruption in during this soul-crunching pandemic, pening. We are not doing what we realtime. That is impropriety right in we are instead here today because our should be doing, and people are watch- front of our eyes. That answer alone Republican colleagues insist on rushing ing. should have disqualified her if she through the nomination of Judge Amy More than 220,000 Americans have didn’t have the integrity to say: Of Coney Barrett to be an Associate Jus- lost their lives. So many families have course I won’t vote on an election mat- tice on the U.S. Supreme Court, to fill lost loved ones. Millions more have ter involving this President. Of course the vacancy left by Justice Ruth Bader gotten sick or no longer have jobs. Peo- I won’t. Ginsburg. ple are scared for themselves and their But she didn’t. As far as I’m con- Let me start with Justice Ginsburg families. Moms are trying to balance cerned, that is a disqualification. Now, because that is really where it all their toddlers on their knees and their I am not a Supreme Court Justice. I starts. Justice Ginsburg was an icon. laptops on their desks. They are having wasn’t on the law review. I am an old She was celebrated well into her to teach first graders how to use the country lawyer from Brunswick, ME. eighties by people young and old. I will mute button. But instead of working to But I know impropriety when I see it, never forget my own daughter when we pass a relief package—something that and this is it. This is it. were at an event and got a photo with 74 percent of the people want us to be The Constitution is a wonderful doc- Justice Ginsburg. My daughter was doing right now—that is right, when ument. It has served this country well. just in college. We had that nice photo they were asked, Do you think we The evolution of jurisprudence through of the three of us, and she said to me: should be pushing through a judge or the U.S. Supreme Court, with fits and Mom, I am going to cut you out of this working on pandemic relief, 74 percent starts, has generally served this coun- because I want to put it on Facebook, of the people said: You should be work- try well. But to put a Justice on this and the ‘‘Notorious RBG’’ is just so ing on pandemic relief. But instead, we Court under these procedures, under cool. are here, not in a rush to justice but a

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.301 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6495 rush to put in a Justice on the U.S. Su- mom or dad or grandparent with them Senator McCain, actually whispered to preme Court. at the table, with them at the table me what he was going to do before he The President has made his intent this Thanksgiving—if the President did it. But he came in, and he put a big clear. In fact, he, in his inimitable way, had done what we needed to get testing thumbs down while he himself strug- sent out a tweet on his intent. He said: in place, to do contact tracing, to lis- gled—struggled—with his own life. If I win the Presidency, my judicial ap- ten to the experts. What did the Affordable Care Act pointments will do the right thing, un- And, no, it is not just the Big Ten mean to people? Millions of people got like Bush’s appointee, John Roberts, football, as much as we love Big Ten coverage and millions of people who on ObamaCare. football in Minnesota. It is not just weren’t able to get coverage before— This is no surprise, I guess. The Af- those players who should be able to and then for everyone, even people who fordable Care Act is something my Re- have that testing. It is not just the had coverage before, they got some- publican colleagues have been trying people in the White House who should thing that they so badly needed, and to repeal for 10 years. Just 1 week after be able to have that testing. There are that is, protection from being kicked election day, the Court will hear a consequences of this failed leadership. off your health insurance for pre- challenge to the law coming out of the The American people who are dealing existing conditions. State of Texas that millions of people with this pandemic are not concerned What else did it mean? Young people are depending on for healthcare—espe- about the false claims in the Presi- can stay on their parents’ insurance cially during this pandemic, after we dent’s 3 a.m. rants or his attempts to until the age of 26. What a difference learn more and more about people who relitigate the 2016 election right now. that makes. It makes a difference for have gotten COVID, who then end up They are just trying to make it people like Evelyn and Maraya, iden- struggling later. Of course, what would through the day. They need help. But tical twins from Cambridge, MN, honor that be called? That would be called a instead of giving them that help, here roll students and star athletes. They preexisting condition. Yet this is what we are, once again, jamming through a play basketball, and they also play this President and my Republican col- nominee. softball. One is a pitcher and one is a leagues are focused on. In fact, according to reports, Senator catcher. One of them was born and The American people—Democrats, MCCONNELL is actively telling the early on got severe diabetes when she Republicans, and Independents—are White House not to negotiate on a bi- was very young. Does it matter which continuing to face reality—not this re- partisan package, just so the Senate one, the pitcher or the catcher? They ality in this Chamber tonight, but the would do this. They have broken prom- both deserve good healthcare, espe- reality in their lives—once again, mis- ise after promise. They have blown cially now when they both know they placed priorities in a rush to do what every precedent. They have ignored all have diabetes. But early on, did it mat- the President wants. logic and taken on every risk, just to ter which one? They both deserve good The coronavirus is, in fact, still rag- push this nomination through. healthcare. ing across our country because of the Why the rush? Well, I can give you There are people like Steve, a senior President’s failed leadership. That is some ideas. One, as I mentioned, just 1 from Tower, MN, who has a heart con- true. His lies, his refusal to listen to week after the election, just 2 weeks dition and relies on his prescription science—cases have been up, as I noted, from now, the Supreme Court will con- medication to stay alive; like Elijah in about two-thirds of the States in sider the future of the Affordable Care from St. Paul, who was born with cere- just the last few weeks. Act. We also know—and this is coming bral palsy, and because of the Afford- The President was first told about directly from the President, via able Care Act, is now 16 and a proud the potential for this virus in January. tweet—that he wants the Justices to Boy Scout; or Christie, a mom from He was telling people he knew, behind potentially count the ballots—those Bloomington whose daughter had a closed doors, that it was airborne and are his words, not mine—and that he tumor; like Casie, whose brother lives it was deadly. He knew that back in wants nine Justices on that Court. in Alexandria and has chronic kidney February. He said it would go away, No, I will not concede that this elec- failure and needs a transplant. Without though. To the public, he said: This tion will end up in Court, not the way the ACA, her brother will die waiting will go away by Easter. He said: People people are voting, not the numbers we for a transplant. And then, like Emily, will be back in church by Easter. are seeing out there, not the reality from Minneapolis, whose mom was di- There are people who went to church that people are facing, but that is what agnosed with breast cancer; or around that time in Minnesota who he wants in place. Burnette from the suburbs of St. Paul, died. He said it would go away with Everything is on the ballot, but whose daughter has multiple sclerosis warmer weather. We all know that many of these things end up in Court. and depends on the ACA; or Janet from these things did not happen. We know that. And during the Judici- Rochester, whose brother has a mental For me, this is personal, like it is for ary hearing, many of my colleagues illness; or Liliana from Fridley, who so many Americans. My husband got would act like the Supreme Court was has a 21-year-old son with autism and sick with coronavirus. He got really some far away, distant ivory tower in- needs her children to be able to stay on sick. He ended up with pneumonia in stitution, debating things and talking her insurance until they are 26; or the hospital, on oxygen, for over a about things, and in their words, like Melanie, a senior from Duluth, who is week. Why is this so personal for me, the Dormant Commerce Clause. That is treated for ovarian cancer and needs what the President says about this? Be- true, they decide cases on the Dormant access to healthcare. cause back then, we were just cleaning Commerce Clause. Repeal after repeal after repeal at- off every surface in our house, which, What else do they decide? They de- tempt, that is what has been happening of course, is still important now. But cide who you can marry. They decide here. And none of that worked. So what we thought, oh, that is good. We will where you can go to school. They de- happened? A case was brought in just clean off everything, wash every- cide if you can use contraception. They Texas, and the administration is now thing. But the President, we now decide all kinds of things. They decide before the Supreme Court arguing that know—we found out about a month or if you can vote. They decide if you can the entire Affordable Care Act, not just two ago—back in March, he knew it have healthcare. All those things are one provision, they are arguing—and was airborne, but he said he didn’t decided in the Supreme Court. let me be clear about this—that the en- want to tell the American people be- What is on the ballot when it comes tire Affordable Care Act, all those pro- cause—well, he thought it might panic to healthcare? What is before us with visions and all the coverage I just men- people. He didn’t tell you the truth. this Justice? The Affordable Care Act. tioned, should be thrown out. Now, we know that at least 130,000 What is this about? During Judge Barrett’s hearing, American lives could have been saved I still remember the day that we there was a lot of talk from my col- if the President had taken real action passed the bill. I was here early in the leagues on the other side about the early on. That comes out of a new morning on Christmas Eve. And I also doctrine of severability, which the Su- study from Columbia. That is 130,000 remember the day when our colleagues preme Court has said includes the pre- families who would still have their tried to repeal the bill, and my friend, sumption in favor of throwing out part

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.302 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6496 CONGRESSIONAL RECORD — SENATE October 25, 2020 of a statute in order to save the rest. wrote for the University of Minnesota she instead called it, well, it is a mat- Their point, I suppose, was that the Law School journal called ‘‘Constitu- ter of policy. When I asked her, she American people shouldn’t actually be tional Commentary,’’ in 2017—the same would not say that voter intimidation worried about the case pending before year that she became a judge this was is illegal, even though in Minnesota, an the Supreme Court. It is OK. published—she wrote that Chief Justice outside contractor was recruiting poll So I asked Judge Barrett whether the Roberts—these are her words—‘‘pushed watchers with Special Forces experi- brief that was filed by the Trump Jus- the Affordable Care Act beyond its ence during the judge’s hearing. That tice Department, which argued that plausible meaning to save the statute.’’ is clear voter intimidation. I was not the entire Affordable Care Act must That was a case called NFIB v. asking her about an ongoing case. I fall, represented the President’s posi- Sebelius that she was writing about— was actually asking her just if it is tion before the Supreme Court. She ‘‘pushed the Affordable Care Act be- against the law. It is. It violates 18 confirmed, as a former clerk of the Su- yond its plausible meaning to save the U.S.C. section 549. preme Court to Justice Scalia—she statute.’’ That is direct criticism of the And while in the case of Minnesota, confirmed that it did, and she con- Chief Justice’s decision to allow the the company has now agreed to cancel firmed that if the President believed Affordable Care Act to stand. its plans after Minnesota Attorney that the Court should throw out just And in a 2015 NPR interview on King General Ellison opened an investiga- part of the Affordable Care Act and v. Burwell—this is a different case, but tion, we are seeing threats to the right save the rest, well, he could direct the it involves the Affordable Care Act; an- to vote in States across the country. Justice Department to withdraw the other case where Chief Justice Roberts And when I asked, Judge Barrett even brief. That has not happened. That is cited in favor of the Affordable Care refused to acknowledge that the Con- not the position of this administration. Act—there, Judge Barrett acknowl- stitution empowers Congress to protect They have told the Court that they edged that the majority’s holding is the right to vote. want to throw the whole thing out, and good because millions of people won’t So the inescapable conclusion from now they are rushing to confirm the lose their healthcare subsidies. Yet she these tracks is that Judge Barrett, President’s nominee with the hope that praised the dissent by Justice Scalia again, would be very different than she will cast a deciding vote to strike saying it had the better of the legal ar- Justice Ginsburg. Justice Ginsburg was down the ACA. gument. a champion of voting rights. For me, as I noted at the hearing, it Now, remember, she spent all her When a 5-to-4 Court gutted a key pro- is about following the tracks. No, the time in the hearing saying: Whatever vision of the Voting Rights Act in nominee didn’t give us a sense of pend- the policies are don’t matter. What Shelby County v. Holder, Justice Gins- ing cases. We know that. But she didn’t matters is the legal argument. What burg wrote in her famous dissent that even give a sense of what she thought matters is the law. And her position, the Constitution uses the words ‘‘right about existing laws that are on the which I don’t agree with, but her posi- to vote’’ in five separate places, and in book or about certain fundamental tion was that Justice Scalia had the each place, it reaffirms—these are her rights that other nominees have dis- better of the legal argument. That is words, Justice Ginsburg—‘‘Congress cussed. So I followed the tracks, just one big track to see where she is com- holds the lead rein in making the right like we do when we go hiking. to vote equally real for all U.S. citi- When we would go hiking in North- ing down. When she accepted the President’s zens.’’ Justice Ginsburg understood ern Minnesota when I was growing up, nomination at the White House, she that voting—you don’t just say it is a my mom would always say: OK. That is made clear that she considers Justice fundamental right. It is how you pro- a deer track or that is an elk or, if we tect it. were really lucky, that is a bear. And Scalia, one of the most conservative How do we do that? By standing up to you would follow those tracks down judges in our Nation’s history, as a voter intimidation and voter suppres- the trail or down the road, and then mentor. Those are our tracks. But it is not just on healthcare. What sion, by protecting our democracy from you would get to the corner and maybe other tracks do we have to follow? a President who tries to undermine you would see that deer. Every so free and fair elections, by protecting often, you did. We would follow the Well, she signed her name to a public the millions of people who are going to tracks. statement featured in an ad calling for So that is what we must do—ordinary an end to what the ad called the ‘‘bar- the polls right now during this pan- citizens and U.S. Senators—to try to baric legacy’’ of Roe v. Wade, which demic, some risking their lives to cast figure out where this Justice is going ran on the anniversary of the 1973 Su- a ballot. And during her hearing, Judge to be on these fundamental cases that preme Court decision. There is your Barrett did not make these simple are in front of the Court. You have got track. commitments. to follow the tracks. She wrote her own dissent dis- So I am very concerned about this So what do we have? Well, we have agreeing with longstanding Court rul- fundamental issue of voting rights. The got the fact that President Trump ings on gun safety, expressing her legal stakes have never been higher than promised that his judicial appoint- opinions that some felons should get they are right now. Look at what is ments would do the right thing and guns. happening. In Texas, they are trying to overturn the Affordable Care Act. He She once discussed the dissent in the force each county to have only one bal- tweeted that it would be a big win if marriage equality case of Obergefell v. lot drop box, including Harris County, the Supreme Court strikes down the Hodges, asking whether it was really which has 4.7 million people, one box. A healthcare law. And if that wasn’t the Supreme Court’s job to make that judge stepped in and said: No, this is clear, he just went on ‘‘60 Minutes’’—he decision. wrong, and then three Trump-ap- released the tape himself on Thursday, Those are the tracks that lead all of pointed judges on the Fifth Circuit va- and then it was on tonight—and he said us down that path to the point where cated the district court’s order. No it will be so good if the Supreme Court you go around the curve, and you real- matter what the size of your county, overturns the Affordable Care Act. OK. ize at least one thing for sure, and that you just get one box. So this isn’t something from 3 years is that Judge Coney Barrett’s judicial In Tennessee, Republicans have tried ago. No, no, no. This is something that philosophy is the polar opposite of Jus- to prevent ballot drop boxes, and they we all saw tonight. tice Ginsburg’s. have argued in court that COVID–19 is Then, on September 18, when the Na- Voting rights. Here is another exam- not a valid excuse to vote by mail. tion was mourning the loss of a judicial ple. Given the timing of this nomina- In South Carolina, the U.S. Supreme giant, President Trump saw his motion and the fact that we are just over Court earlier this month reinstated a ment, and on September 26, at what be- 1 week from election day, when I asked South Carolina requirement that mail- came a superspreader party at the Judge Barrett would she say that mail- in ballots must have a witness signa- White House, he announced his nomi- in voting is essential right now, even ture, so voters in South Carolina are nee. though the coronavirus continues to going to be forced to go out in the mid- So here is what we know as we follow spread and people are having to choose dle of a pandemic and find someone to the tracks. In an article Judge Barrett between their health and their vote, witness their ballot.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.304 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6497 And as we saw last Monday, in a case employees to just 48. His guest res- ahead with a corrupt and illegitimate that went to the Supreme Court from taurants closed entirely and revenue process to fill her seat on the Supreme Pennsylvania, Judge Amy Coney Bar- from catering is down 90 percent. In his Court. Just 8 days—8 days—before the rett could in fact be the swing vote on words, the business, which he has been election, when tens of millions of a case like this. This is a case where running with his sisters, aunts, nieces, Americans have already cast their bal- last week the Supreme Court issued a and a few remaining staff, was his lots and just 15 days before the Su- split 4-to-4 decision that let stand the ‘‘whole life . . . and it [has] come to a preme Court will hear a case that could Pennsylvania Supreme Court’s ruling standstill.’’ overturn the Affordable Care Act, Don- allowing election officials to count This is happening all over the coun- ald Trump, MITCH MCCONNELL, and mail-in ballots received within 3 days try. On October 6, Federal Reserve their Republican buddies are shoving of the election even if they are not Chair Jerome Powell made clear that it aside the wishes of the American peo- postmarked. would be tragic if Congress fails to pass ple in order to steal the Supreme Court And just last Wednesday, the Su- an economic relief package. We have seat. preme Court blocked curbside voting in startups that were already in a slump MITCH MCCONNELL and the Senate Alabama, which was intended to help before this and numbers are plum- Republicans violated the long-estab- whom? Voters with disabilities. In dis- meting more. Small businesses are lished rules of the Judiciary Com- sent, Justice Sotomayor quoted How- closing. A conservative Supreme Court mittee to rush their nominee through, ard Porter, Jr., a Black man in his sev- that has done nothing when it comes to giving each other a wink and a nod be- enties with asthma and Parkinson’s, antitrust—nothing—yet Justice Gins- fore they turned a blind eye to their who said this: burg, she always dissented. She made own rulebreaking. They even violated So many of my [ancestors] even died to the cases for those small businesses. the rule MITCH MCCONNELL made up in vote. And while I don’t mind dying to vote, But the Trump Justices, they have order to keep one of President Obama’s I think we’re past that—we’re past that gone the opposite way. nominees off the Court long before any- time. I want to end with this. America, you one was voting: no confirmations of That is how I feel a lot about what deserve better. You deserve leaders Justices in an election year. So they this judge who is before us now, her who will put you first. You deserve made up the rules, then they broke views on originalism, her views on not leaders who will protect your jobs, those same rules. They cheated. changing with the times, like so many your families, and your healthcare. Why? Why was it so important that other Justices interpret the Constitu- You deserve a Supreme Court nominee they were willing to turn their backs tion to mean, so that it matters to ev- who will speak truth to power or at on the very rules that they had put in eryday people—but not this judge. least acknowledge when basic prece- place? Why rush through this nomina- Some of my Republican colleagues, dent exists, even if it is inconvenient tion? as I noted, think that this is something to the President who nominated her. Why? Because the Republican Party distant and far away. As I noted, we There may be nothing we can do any is scared that they can’t win through cannot divorce this nominee and her longer to stop this confirmation, but the democratic process, scared that views from the election we are in now. there is one thing you can do to deter- they can’t win by playing by the rules, The last time we had a vacancy so mine the future of this Nation—those that they can’t win when the American close to a Presidential election was in blueprints for the future that Justice people decide the outcome, that they 1864. Then President Abraham Lincoln Ginsburg would refer to—you can vote. can’t win when elections matter. did the wise thing, the right thing, and And when you cast your ballot, remem- What we are seeing today is the last he waited until after the election to fill ber where those tracks lead. gasp of a desperate party—a party the vacancy. There is another way other than this working to undermine our democracy And in 2016, when Justice Scalia died administration and this hypocrisy we so that they can keep pushing their ex- about 9 months before the election, are seeing and this gridlock that has tremist agenda just a little longer, a Senator MCCONNELL said this: taken over this U.S. Senate. It is party that doesn’t reflect the views of The American people should have a voice spelled out right there in the first a majority of Americans or the values in the selection of their next Supreme Court three words of the Constitution. We that we hold dear. Justice. Therefore, this vacancy should not can be a nation in which ‘‘We the Peo- This is a party beholden to billion- be filled until we have a new President. ple’’ truly means all the people—a na- aires and extremists that is desperate That is what we are talking about tion in which the people have a say and to keep its grasp on power and willing with the unfairness of this, with the in which the people determine the fu- to break any rule, any precedent, or sham of this proceeding, and I laid out ture. any principle to hold on to that power for you tonight the reasons I believe Remember, this isn’t Donald Trump’s just a little longer. The Republican that this has become such a high pri- country. It is yours. This shouldn’t be Senators bat down every concern. ority instead of passing pandemic re- Donald Trump’s Justice. It should be No Supreme Court nominee has been lief. yours. confirmed this close to a Presidential During the week of Judge Barrett’s The PRESIDING OFFICER. The Sen- election. They say: No problem. Repub- hearing, more than 220,000 more people ator from Massachusetts. lican Senators plunge ahead with an il- got COVID–19. At least 2,700 more peo- Ms. WARREN. Madam President, a legitimate nomination made by a mor- ple died from it. Nearly 800,000 people little over a month ago I came to the ally bankrupt President. filed for unemployment. More small floor to honor the late Justice Ruth The Rose Garden ceremony to cele- businesses closed too. According to one Bader Ginsburg, a trailblazer, an icon, brate the nomination turns into a study, actually, recently, around 800 and a friend. I shared what she meant coronavirus superspreader event. Re- small businesses are closing every day. as a personal hero for me and as a role publican Senators brush it off. Repub- In my home State, one in five small model to millions of other women. I lican Senators will press ahead with businesses say they will be forced to discussed her groundbreaking work and hearings while members of the Judici- close if we don’t do something about it. how much of what she fought for is now ary Committee are in quarantine, and Let me give you an example. Jose on the line. some of them refused to get tested. Frias from St. Paul is one of them. He I talked about the message Ruth left Hundreds of thousands of Americans is a third-generation business owner before she died, stating her ‘‘most fer- are dead and millions are waiting for who owns Boca Chica Mexican family vent wish’’ that her replacement not be the Federal Government to finally restaurant, which includes a fast-food named ‘‘until a new President is in- show up and fight this pandemic. Re- taco house, restaurant, and catering stalled.’’ publican Senators say: Sorry, no time. service. He started as a manager at 20 It has been 37 days since Ruth died. I Senate Republicans have better things years old and worked his way up, tak- miss her. America misses her. It has to do than pass a relief package— ing over 2 years ago—his dream. The also been 37 days since MITCH MCCON- things like steal a Supreme Court seat. future looked bright, but then the NELL declared he would disregard Here is the ugly truth: Donald Trump virus hit. Jose was forced to go from 98 Ruth’s ‘‘most fervent’’ wish and move and his Republican buddies know that

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.305 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6498 CONGRESSIONAL RECORD — SENATE October 25, 2020 confirming Amy Coney Barrett to the state it plainly, Barrett believes Trump wants a Supreme Court Jus- Nation’s highest Court is their path to women cannot be trusted to make deci- tice who will help undermine our de- advance an extremist agenda long after sions about their own bodies. She is a mocracy. We know this because Trump the country is fed up and disgusted clear and present danger to Roe. already told us his game plan to do it. with their failures. In the middle of an When it comes to the Affordable Care Trump and his Republican enablers are election, in the depths of a pandemic, Act, again, listen to Trump himself. He working to make voting as difficult, their extremist agenda is all that mat- said he would only nominate judges confusing, and scary as possible, and ters, and that is why they are so des- who will end the ACA law, judges who they are using every tool in order to do perate to ram her nomination through would take away healthcare coverage it. the Senate. from millions of Americans. He picked Trump has lied repeatedly about The confirmation hearings were a Barrett. mail-in voting. He has falsely claimed sham. The conclusion was foregone, Barrett’s record indicates that is ex- it is a source of rampant fraud. and the nominee spent days ducking actly what she will do—work to gut Trump’s lawyers have sued States that and dodging legitimate questions about key provisions that protect millions of have taken action to try to help Amer- where she stands on issues of crucial Americans. She criticized Chief Justice icans vote safely during this pandemic importance to the American people. It Roberts’ opinion in 2012 upholding a by expanding vote-by-mail. And at the was little more than a PR stunt. critical part of the ACA, saying that he same time, Trump and his cronies are But what the nominee refused to say ‘‘pushed the Affordable Care Act be- working to dismantle the U.S. Postal was actually very informative. She re- yond its plausible meaning to save the Service, slowing down mail delivery fused to say whether the ruling uphold- statute.’’ and creating even more barriers to the ing the right to contraception was cor- In a media interview in 2015, she said ballot at a critical moment in this rect. She refused to say whether the that in another Supreme Court deci- election. government can criminalize a same-sex sion that upheld the ACA, the dis- We have all seen the President’s relationship. She refused to say wheth- senting Justices who wanted to over- reckless, dangerous statements over er it is wrong to separate children from turn the ACA had the ‘‘better of the the past few months casting down on their parents in order to deter immi- legal argument.’’ the election itself, peddling the fact- gration. She even refused to say wheth- While claiming just to follow the free claim that this election will be er climate change is happening and text of the law, Barrett’s record shows ‘‘the most rigged’’ in American history whether it poses a threat to human that her purported ‘‘textualist’’ ap- and that he is ‘‘not sure’’ that the elec- beings. proach is nothing but a facade, merely tion results will be accurate. This was no hearing. This was a a cover for her to reach a result that Most alarming of all, Trump has re- farce. will further the interests of those with peatedly refused to commit to a peace- Their attempt to remain silent on money and power. ful transfer of power, and he said that key issues spoke volumes. It shows Barrett’s record isn’t just he would not accept the election re- that she believes these critical rights, cringeworthy; it is downright alarm- sults if he doesn’t win. protections, and values are debatable, ing. On November 10, just 1 week after And as her confirmation hearing up for grabs. And Barrett’s refusal to election day, the Supreme Court will shows, Barrett is just the Justice Don- embrace these commonsense values hear a case that will determine the fate ald Trump is looking for. In her hear- shows just how out of step, how ex- of the Affordable Care Act. And right ing, Barrett refused to recuse herself in treme, Barrett is and will continue to now, 17 cases that could undermine the a case that might decide the outcome be if she is confirmed. right to abortion care are one step of the election, and she refused to say Let’s be real. We already know what away from the Supreme Court. Twen- whether she believes that a President Barrett is all about. We know why cor- ty-one States are ready to go. They should commit to the peaceful transfer porate interests and rightwing zealots have already drafted laws they can of power. are so excited about her, why so many pass immediately—laws that could be She also refused to say whether voter Republicans will vote to confirm her, used to restrict abortion in case Roe is intimidation is illegal, which it is; and why Trump, who has handed the overturned. whether the President can unilaterally judiciary over to the Federalist Soci- And it is not just reproductive rights delay an election, which he cannot; and ety, has nominated her. It is because and access to healthcare that are on whether the Constitution empowers she will advance their extremist, con- the line. Trump and his Republican Congress to protect the right to vote, servative agenda. enablers want a Justice who will which it does. So her question-dodging isn’t a prob- rubberstamp Trump’s racist and The stakes have never been higher lem for them. It is part of their strat- xenophobic attacks on immigrants, for our democracy. On one issue after egy to get her onto the Court. from ripping away protections for our another, on one right after another, They know where she stands, and so Dreamers to rewriting the census. Once Trump and his Republican enablers do the American people. We already again, this is exactly what Donald have made it clear that they want a know because her record is clear. Trump told us he would do after he lost Court that will bend over backward Take reproductive rights. President earlier court cases. even further for the wealthy and well- Trump pledged to nominate Supreme Trump and his Republican enablers connected while running roughshod Court Justices who would overturn also want a Justice who will turn back over everyone else. They want a Court Roe. Listen to him. He said he would the clock even more on workers’ that will keep them in power, even only appoint someone who would over- rights. Trump wants a Justice who will when voters have had enough of their turn Roe, and then he picked Barrett. erode workers’ ability to join together fearmongering and division and graft, In 2006, Barrett signed a newspaper ad and fight for fair pay and working con- and Barrett is their choice to do just calling for the end of Roe and describ- ditions and to push back against em- that. That is why this vote is so crit- ing Roe as ‘‘barbaric.’’ She was a mem- ployment discrimination. We know this ical. ber of an anti-choice group while on is what they want because those are A vote for Barrett is a vote to strip the University of Notre Dame faculty. the policies the Trump administration healthcare from millions of people. It And how would she overturn Roe? has pursued and what Barrett’s anti- is a vote to turn back the clock on re- After all, Roe is the current law of the worker record tells us that she will do. productive freedom, to endanger land. But Barrett has that all worked There is another thing about Dreamers and immigrants, to let cli- out. She holds a dangerously radical Barrett’s record that deserves special mate change rampage unchecked, to view on legal precedent. attention just 8 days before the elec- imperil efforts to address systemic rac- In a 2013 Law Review article, she sug- tion. Trump and his Republican ism, to support workers’ rights, voting gested that the Supreme Court is not enablers want a Justice who will strip rights, LGBTQ rights, gun violence strictly bound by precedent and that away voting rights, especially from prevention—all at risk. public debate about Roe leaves open communities of color and marginalized Ultimately, it is also a vote to the possibility of overruling it. To communities. rubberstamp an illegitimate process

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.307 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6499 carried out against the wishes of much sions led to progress toward equity, with the ConnectorCare, she couldn’t pay her of the Nation and against the backdrop gap with insurance coverage rate for Black rent and bring food to the table for her of a deadly crisis that Senate Repub- and white adults dropping by 4 percentage kids. licans have ignored as Americans have points and the difference between Hispanic You know, the Affordable Care Act and white adults falling by 9.4 points. In- died. stead of building on these important steps, helped Massachusetts expand Medicaid Let’s be very clear: If Trump and Re- overturning the ACA would further exacer- and more affordable insurance plans publicans succeed in ramming this bate inequities in access to health care. like the ones Marleny uses. But if nomination through, the American The elimination of the ACA would also be Trump’s Supreme Court nominee over- people will expect us to use every tool devastating for people with specific health turns the ACA, Massachusetts could we have to undo the damage and re- care needs, including 1.8 million people liv- lose $2.4 billion in Federal funding. store the Court’s integrity. ing with substance use disorders and mental Over 375,000 people like Marleny and I am under no illusions here. Demo- illness. Protections would also be stripped her children could lose their coverage. away from 135 million people who have pre- crats have fought tooth and nail, but existing conditions like diabetes, cancer, Deb from Greenfield knows what it is the Republicans control the Senate. asthma, and those now who have had COVID– like not to be able to pay for The reason the Republicans are willing 19. Insurance companies could once again healthcare. She told me: ‘‘I was an to break every rule to jam through an charge women 50 percent more than men for American whom ObamaCare saved at illegitimate nomination 8 days before coverage and impose lifetime caps on bene- the very moment I lost my career and the election is that they have realized fits. It would strip a popular feature for fam- my health.’’ She writes: ‘‘You must a truth that shakes them down to their ilies: coverage for those up to age 26 who step in and take action. We cannot sit core: The American people are not on have sought coverage on their parents’ plans idly by while our access to affordable at a time when youth unemployment has their side. doubled due to the COVID–19 pandemic. healthcare hangs in the balance.’’ People all over this country are In Massachusetts, where our state’s health Deb is right, and there are millions of fighting to reclaim our democracy. reform law served as a model for the ACA, people across this country who have They are registering to vote, and they many falsely believe we would be protected lost their jobs during this pandemic are voting. They are voting like never if the ACA were struck down. This is not the and economic crisis and could be in the before. They are speaking out and tell- case. Thanks to the ACA, a number of new exact same position that Deb was in. ing their stories. They are fighting for protections were implemented in the Com- And, finally, I checked back in with monwealth: the provision allowing young a democracy that works for all of us, my friend Charlie and her mom, Re- people to stay on their parents’ plan and the becca, who live in Revere. Charlie and not just for the privileged few. And reduction of prescription drug costs for sen- they will continue to fight until they iors caught in the Medicare ‘‘donut-hole.’’ I fought side by side at the Capitol dur- have taken our democracy back from These protections could be gone overnight if ing the healthcare fights in 2017. those who have worked around the the ACA were invalidated. Her mom reminded me: ‘‘Due to se- clock to undermine it. In addition, an ACA repeal would impact vere preeclampsia, Charlie was deliv- Now, I want to spend some time drill- access to health coverage and healthcare for ered at 26 weeks gestation and weighed ing down on what is at stake with this hundreds of thousands of Massachusetts con- 790 [grams]—about 1 pound 12 ounces. sumers. The state’s health insurance cov- vote, starting with the impact that dis- She was in the NICU for 3 months. erage expansions were only possible with the Without the ACA, she would have ex- mantling the Affordable Care Act will partnership and funding from the federal have on my constituents in Massachu- government. This is especially true for the ceeded a lifetime cap before ever com- setts. expansion of MassHealth, our Medicaid pro- ing home from the hospital. Addition- I will start with an op-ed that I wrote gram, as well as the availability of afford- ally, she would have been uninsurable with Amy Rosenthal, the executive di- able coverage through ConnectorCare. Over because her birth was a preexisting rector of Health Care for All, and Kate 375,000 Massachusetts residents could lose condition. With access to health care, Walsh. She is the president and CEO of their health coverage and the state stands to Charlie was able to thrive despite some lose up to $2.4 billion in federal funds. These Boston Medical Center. It was pub- pretty significant diagnoses. Now, at immense cuts would create a funding gap the age of 8, Charlie lives a very much lished in the Boston Globe, and it was that would be impossible to fill even during entitled ‘‘The Affordable Care Act and normal times. The challenge is even greater typical life.’’ coverage for Massachusetts residents is now: According to some estimates, Massa- Repealing the Affordable Care Act at risk.’’ chusetts may face a deficit of up to $6 billion now would be devastating for Rebecca Here is what we wrote: as a result of the pandemic. These funding and Charlie. They can’t go back to life- shortfalls could have devastating implica- Dave was laid off from his hotel job in time caps or sky-high rates and denied tions for the health care safety net in Massa- March due to the coronavirus pandemic, and coverage because of preexisting condi- chusetts. he lost his health insurance too. A week tions. None of these families can. Taking coverage away from people during later, he was rushed to the emergency room And, like so many policies, Black and the worst pandemic we have experienced in with a lung problem. With support from an Brown communities will be dispropor- the last century is simply despicable, and we enrollment assister, he was able to enroll in should all be outraged. Massachusetts de- tionately affected if the ACA is de- MassHealth coverage that was made possible serves more from its President and from its stroyed. because of the Affordable Care Act, better government. All of us must speak up, speak I want to read another op-ed I wrote known as ObamaCare. He is just one of the out, and make it abundantly clear that the recently that was published in hundreds of thousands of Massachusetts resi- ACA cannot be repealed. dents given a lifeline by the ACA. Shondaland. It discusses the harm of Yet, the multi-year effort to repeal the law Speaking up includes speaking up stripping away healthcare for commu- is coming to a head at the worst possible about how the ACA has transformed nities of color, and here is what it says: time. Just days after the November election, people’s lives. So many folks in Massa- Over ten years ago, President Barack the US Supreme Court will hear oral argu- chusetts reached out to my office to Obama signed the Patient Protection and Af- ments in a case seeking to overturn the share their stories and how they would fordable Care Act (ACA) into law. Since ACA. And Supreme Court nominee Amy be harmed if healthcare were ripped then, we’ve made progress. Millions of Amer- Coney Barrett has a clear record on the away, so I want to introduce you to a icans now have high-quality, affordable issue. She has openly questioned the con- health insurance. We no longer have to stitutionality of the ACA, arguing the Su- few of those people: Marleny, Deb, and worry about being denied coverage because preme Court’s ruling upholding the ACA’s in- Charlie. of preexisting conditions. Millions of young dividual mandate was ‘‘illegitimate.’’ If she Marleny is a single mom from Fra- adults can stay on their parents’ plans until is confirmed to the court, she may provide mingham. She receives her healthcare age 26. States were given the option to ex- the decisive vote to strike it down. For peo- through ConnectorCare, the plans we pand Medicaid eligibility—providing cov- ple like Dave, and more than 23 million oth- have in Massachusetts for low-income erage to more than 12 million low-income ers nationwide, access to health care hangs families who don’t qualify for any Americans. in the balance. But now, the ACA is at risk because Re- The need for health care coverage has other program. Her children use publicans are trying to ram through Amy never been more dire than during the MassHealth Family Assistance, which Coney Barrett’s nomination to serve as the COVID–19 pandemic. It has laid bare dev- is our CHIP program. next Associate Justice of the Supreme Court. astating racial disparities in health care ac- She says that, without the help she They are trying to push her confirmation cess and outcomes. The ACA coverage expan- gets from MassHealth and from through at breakneck speed because just one

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.309 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6500 CONGRESSIONAL RECORD — SENATE October 25, 2020 week after the November elections, a case to son to uphold the legislation. [Justice Gins- are clear: She believes women cannot be overturn the ACA will be in front of the Su- burg] was right. Health care is a basic trusted to make decisions about their own preme Court, and Republicans want Barrett human right. We fight for basic human bodies. to have their back, cast the deciding vote, rights. We fight against this nomination. If Barrett’s nomination makes you scared and deliver a deathblow to the law. And we fight any attempt to rip away and angry, you are right to be: 17 abortion- Republicans have railed against the ACA healthcare from families. We do this to- related cases are already one step away from from the day it was passed, making its re- gether. the Supreme Court. Twenty-one States have peal a tenet of their platform in every presi- It is not just healthcare for tens of laws that could be used to restrict abortion dential and congressional race. They’ve tried in the case that Roe is overturned. And if dozens and dozens of times to tear it down millions of people that is on the line. A Barrett’s confirmation is rammed through piece by piece—all while ignoring the pleth- woman’s right to make her own quickly, she’ll have the opportunity—on No- ora of data that demonstrates the good it has healthcare decisions is also in jeop- vember 10—to hear a case about overturning done for the American people. Among the ardy. Roe v. Wade is a landmark case the Affordable Care Act and a lifetime on the chorus of ACA detractors is Judge Barrett. that protects a woman’s right to abor- nation’s highest court to undermine the While she tried to claim during her Supreme tion care. A few weeks ago, I published rights and the values we hold dear. Court hearing that she is ‘‘not hostile to the an op-ed in The Cut that discusses Access to birth control has changed the economic futures of millions of women, and ACA,’’ her record says otherwise. She criti- what this nomination means for the cized Chief Justice Roberts’ vote in 2012 to access to safe abortion care is an economic uphold the ACA and wrote reviews ques- right to abortion care, and I want to issue, too. For a young couple with modest tioning the law’s constitutionality. Her nom- read it now for you. This is what I wages and piles of student loan debt, the de- ination is just the latest Republican attack wrote: cision to start or expand a family is a power- on the ACA—and if she is confirmed, MITCH The decision whether or not to bear a child ful economic [one]. For a woman working MCCONNELL and Donald Trump might get ‘‘is central to a woman’s life, to her dignity. two jobs with two kids already in day care, their wish and succeed in ripping healthcare It is a decision she must make for herself. an unplanned pregnancy can upend budgets away from tens of millions of people during When government controls that decision for already stretched too far. For a student still a global pandemic. her, she is being treated as less than a fully in high school or working toward a college Here’s what that would mean: In the mid- adult human responsible for her own degree, it can derail the most careful plans dle of the Covid-19 crisis, insurance compa- choices.’’ for financial independence. Indeed, one of the nies would instantly be able to enforce caps Justice Ruth Bader Ginsburg said that 30 most common reasons that women decide to on coverage or deny coverage to the 133 mil- years ago, at her Supreme Court confirma- have an abortion is because they cannot af- lion Americans with preexisting conditions tion hearing. She understood that reproduc- ford to raise a child. like asthma, diabetes, and even pregnancy. tive freedom is foundational to equality and And let’s be explicitly clear: If these at- Covid-19 itself could be considered a pre- critical to women’s health and to their eco- tacks succeed, they will have disproportion- existing condition for the millions of Ameri- nomic security. Without access to high-qual- ately negative consequences for women of cans who have survived the virus. The 12 mil- ity reproductive healthcare—including con- color who are already facing some of the lion low-income Americans now covered by traception and safe, legal abortion—we can- most insurmountable barriers to abortion Medicaid expansions would lose their cov- not have true equality. care. erage, including more than 850,000 Americans But President Trump, Senate Republicans, Rich women will still have access to struggling with opioid use disorder, [people and their extremist allies just don’t care. abortion and reproductive care, but it who] rely on Medicaid for life-saving medica- They’ve spent almost 4 years of the Trump will be Black and Brown women— tion assisted treatment and counseling serv- administration—and . . . many years before women with low incomes, women who ices. Millions of young adults would be [that]—undermining health care and turning can’t afford to take time off from thrown off of their parents’ insurance, forc- back the clock on reproductive rights. That’s work, and young women who were ing them to pay out of their own pockets why they nominated Amy Coney Barrett to raped or molested by a family mem- even as many struggle under a mountain of sit on the Supreme Court. She’s the ticket ber—who will be the most vulnerable. student loan debt, stagnant wages, and high for a desperate, right-wing party that wants This is not a moment to back down. unemployment rates due to the pandemic. to hold onto power a little longer in order to And the damage won’t stop there. Repeal impose its extremist agenda on the entire Already, it is inspiring to see so many of the ACA would have devastating con- country. women and friends of women coming sequences for Black and brown communities President Trump and his Republican off the sidelines in this fight, and we that disproportionately benefit from its cov- enablers have tried to deny this obvious fact. must continue to speak up. Call your erage. The ACA helped narrow disparities in The President recently said that he ‘‘didn’t Senators and make sure this conversa- access to healthcare in the United States know’’ how Barrett would rule on reproduction is grounded in our real experi- and provided millions of Black and brown tive rights, and Republicans in the Senate ences. Men must speak up, too, because families affordable options for care. Without have fallen in line. The Republican Party reproductive freedom affects us all. the ACA, one in every five Black Americans, knows the large majority of Americans do Voting is already underway across and one in three Hispanic Americans would not support overturning Roe v. Wade. They be uninsured. If the ACA is dismantled, benefit when we stay on the sidelines—and the country, and there are only 26 days Black and brown communities that benefit they want us to sit back and stay quiet while before the election is completed. And from Medicaid expansions would be kicked our fundamental freedoms are on the line. the data shows that most Americans off their insurance. In the midst of a mater- But we see right through their radical want to wait until after the election nal mortality crisis that disproportionately play. for a new Justice to be confirmed. Jus- impacts mothers of color, moms across this President Trump picked Barrett as his Su- tice Ginsburg gave us our marching or- country could lose access to the well woman preme Court nominee to take us back in ders: Do not fill this Supreme Court time. Roe v. Wade established the constitu- visits and the maternity coverage currently seat until after the election when the required by the ACA. tional right to safe and legal abortion and So let’s call out the Supreme Court nomi- has been the law of the land for over 47 next President is installed. We will nation for what it is—Donald Trump and the years. But over, and over, and over again, fight hard together to honor her wish. entire Republican Party’s big chance to com- President Trump has bragged about his plans There are countless powerful stories plete a decade-long partisan attack on the to appoint justices who would ‘‘automati- that demonstrate why abortion rights ACA and on Americans’ rights to health cally’’ overturn Roe. The Affordable Care are so important. I am going to read a care. It’s the big chance for a desperate Act expanded access to reproductive health few of them. The first is from my party to impose its extreme views on the care—like no-co-pay birth control—for mil- friend and colleague from Michigan, lions [of people]. But President Trump has people of this country because they couldn’t Senator PETERS, who became the first actually get it done through Congress. promised to overturn the Affordable Care sitting U.S. Senator to share his abor- The majority of Americans want the Sen- Act in its entirety, and sent his Justice De- ate to wait until after the election to choose partment to ask the Supreme Court to do ex- tion story. I will just read an excerpt of a new justice. It’s because this is a life or actly that. that powerful piece that was published death situation for their friends, their fami- Barrett is Trump’s ideal candidate to ac- in Elle magazine. lies, and for tens of millions of their fellow complish his plans. In 2006, she signed a In the late 1980s in Detroit, Peters and his Americans. newspaper ad calling for the end of Roe and then wife, Heidi, were pregnant with their In 2012, after yet another attack on the describing the decision as ‘‘barbaric.’’ She second child, a baby they very much wanted. ACA was defeated in the Supreme Court, was a member of an anti-choice group while Heidi was four months along when her water Justice Ginsburg wrote that ‘‘the crisis cre- on the University of Notre Dame faculty. broke, leaving the fetus without amniotic ated by the large number of U.S. residents She’s also been critical of the Affordable fluid—a condition it could not possibly sur- who lack health insurance is one of national Care Act and the Supreme Court’s past deci- vive. The doctor told the Peters to go home dimension’’ and cited the ‘‘inevitable yet un- sion to uphold the law in court. Her position and wait for a miscarriage to happen natu- predictable need for medical care’’ as a rea- on abortion and other reproductive rights rally.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.310 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6501 But it didn’t happen. They went back to tant. A late bloomer, I barely dated until I I met Dr. Hern and his excellent team with the hospital the next day, and the doctor de- was in my 20s, then quickly met and married great relief. They explained the procedure. tected a faint heartbeat. He recommended an my wonderful husband. Our birth control al- My third trimester abortion was humane, abortion because the fetus still had no ways worked perfectly. Anyway, we are both gentle, safe—safer, even in the 36th week, chance of survival, but it wasn’t an option family-minded, and dreamed of building our than full term live birth. We laid my daugh- due to a hospital policy banning the proce- family big with lots of kids. ter to rest in my womb that first day, a dure. So he sent the couple home again to My husband and I had one daughter, Tuesday. Friday morning, after brief labor, I wait for a miscarriage. ‘‘The mental anguish planned and loved. But the second child was delivered her whole and still, into the hands someone goes through is intense,’’ Peters not so easy. I suffered three miscarriages in of my savior. He brought her to me after. says, ‘‘trying to have a miscarriage for a two years before a baby finally stuck. Preg- She was still warm, but not quite warm child that was wanted.’’ nancy brought months of crushing nausea. enough. As they waited, Heidi’s health deterio- But the sicker I felt the better, the doctors Dr. Hern saved my daughter from immeas- rated. When she returned to the hospital on said, things must be going [well]. Healthy, urable suffering. He saved my family from the third day, after another night without a healthy, healthy, they told me, time after having to go against our deepest held values. natural miscarriage, the doctor told her the time. Dr. Hern saved me from my own desperation. situation was dire. She could lose her uterus By late may, the end was in sight. Big and And every step of the way, he saved my dig- in a matter of hours if she wasn’t able to ripe and swollen, I bundled myself into the nity. have an abortion, and if she became septic hospital for an ultrasound. I brought a tiny I want to share one more story. This from the uterine infection, she could die. sweater to knit while I waited. After an hour one is from Wendy in Greenfield, MA. I The doctor appealed to the hospital’s board of examination, a doctor entered the dark will just read a part of what Wendy for an exception to their anti-abortion policy room. She saw the sweater and asked, ‘‘Is it wrote. She said: and was denied. ‘‘I still vividly remember he for the baby?’’ I nodded proudly and showed left a message on the answering machine her how all the pieces would line up, just so, I know firsthand that overturning Roe— saying, ‘They refused to give me permission, to fit my newborn daughter. A month was whether overtly or by chipping away at ac- not based on good medical practice, simply plenty long to finish such a small project. cess to abortion until Roe becomes meaning- based on politics. I recommend you imme- ‘‘It’s beautiful’’. She told me, her eyes filling less—will not stop women from seeking abor- diately find another physician who can do with tears. tions. It will, however, deny women access to this procedure quickly,’ ’’ Peters recalls. Then she turned the monitor toward me so safe abortions. Abortion has been with us The Peters were able to get into another that I could see the big, black fluid-filled since women have been getting pregnant, hospital right away because they were holes in my baby’s brain. and will continue to be with us no matter friends with its chief administrator. Heidi There was so little that I knew that day. I what the politicians and judges decide. In was rushed into an emergency abortion that didn’t know about Dandy Walker Malforma- 1961, I was 17 and abortion was not yet legal, saved her uterus and possibly her life. The tion or Agenesis of the corpus callosum. I but I was pregnant and did not want to be. I whole experience was ‘‘painful and trau- knew love. I knew fear. I knew my values. was fortunate because I was able to tell my matic,’’ Heidi shared in a statement. ‘‘If it And I knew that I was in Boston, medical parents, and they helped me find a doctor— weren’t for urgent and critical medical care, mecca, hub of the universe. but finding a safe, compassionate doctor I could have lost my life.’’ I learned more about brains in general and turned out to be a different story. We knew an illegal abortion could be ex- Reflecting on the experience now, my baby’s brain in particular. MRI revealed poor prognosis. My daughter would not like- pensive and my parents didn’t have much Senator PETERS says it ‘‘enacted an in- ly ever walk, talk, support the weight of her money, so we made a plan together that I credible emotional toll.’’ So why go own head, or swallow. I learned that infant would go by myself in the hopes that he public with it? ‘‘Well, it’s important hospice was out of the question, and that I would take mercy on me and charge me less. I know there were many heroic doctors for folks to understand that these could not refuse a feeding tube for my baby. Dumbfounded, I asked the neurologist, who helped women back then at great risk to things happen to folks every day,’’ he themselves, but this doctor, who I’m sure explains. ‘‘I’ve always considered my- ‘‘What does a baby like mine do? Just . . . sleep all day?’’ He winced. ‘‘Babies like had seen other young women who were alone self pro-choice and believe women and without support, thought he could take yours,’’ he explained, ‘‘are not often com- should be able to make these decisions advantage instead. I remember finding the fortable enough to sleep.’’ I knew what I somewhat rundown building and walking up themselves, but when you live it in real needed to do. 35 weeks pregnant, and I was a dark flight of stairs to his office. There was life, you realize the significant impact afraid, even, to tell my husband, my mother, nobody else there, just the two of us, the of- it can have on a family.’’ my doctor, my genetic counselor, but I fice was untidy and dimly lit with the win- PETERS decided to share his story at talked to my family, and I called the hos- dow blinds down. And the doctor himself ap- pital. It was a Friday afternoon. My doctor this moment because the right to make peared unkempt and unprofessional. His was busy delivering triplets. I left a message. such decisions as a family, free of poli- clothes were rumpled, he sat too close to me tics, has never been more at stake. He ‘‘I want to know all my options,’’ I said. ‘‘All and put his hand on my knee and said ‘‘we is alarmed by the threat of Donald of them.’’ don’t have to use the word abortion, dear.’’ She called me back at 6:30 p.m. and talked Trump’s Supreme Court nominee, Amy I knew immediately that I did not want fast. She gave me the number of an adoption this man to touch me, let alone perform an Coney Barrett—the threat she poses to agency in upstate New York that specializes women’s reproductive rights. The very abortion, so I did what many young women in medically complex children. in my situation back then weren’t able to do: ‘‘I’m so sorry,’’ she said. ‘‘But if you want conservative nominee once signed her I walked out. I went back down that flight of an abortion, you have to decide right away. name onto a newspaper ad calling Roe stairs and out into the light of the street. I v. Wade, the landmark decision that le- You have to call before the end of the work felt—and still feel—it was a narrow escape. galized abortion, ‘‘barbaric.’’ If Repub- day, mountain time. You have to be on an So we found a second doctor—and in fact airplane on Monday, you have to show up this time it was my younger sister who had licans successfully confirm her to fill Tuesday with $25,000 up front. I’m so sorry,’’ Ruth Bader Ginsburg’s seat, she could a guitar teacher who knew someone, because she said again. I did not have $25,000. I didn’t that’s how it worked back then—and this reverse legal abortion in America or know if the number led to a safe, legal doc- time my mother came with me. We had to go significantly curtail it. ‘‘It’s important tor, or if it led to some back-alley quack. I at night to the back door, and though there for folks who are willing to tell these knew only my desperation. I called the num- was no nurse or assistant, this office was stories to tell them, especially now,’’ ber right away. The woman on the phone was clean and it looked like a real medical office, PETERS says. ‘‘The new Supreme Court very kind. She, too, apologized. ‘‘But Dr. and the doctor looked like a real doctor. But nominee could make a decision that Hern does not practice after 36 weeks, and he was not a compassionate man. As I lay you’ll be 36 weeks on the last day of your will have major ramifications for re- there on the exam table with my mother in procedure.’’ ‘‘Yes,’’ of course, I said. ‘‘Of the next room, the doctor lectured me the productive health for women for dec- course. I understand. We’ll be there. We’ll whole time, telling me I was a sinner, that ades to come. This is a pivotal moment find the money.’’ the abortion was the ‘‘wages of sin,’’ that he for reproductive freedom.’’ And we did. There wasn’t one day of open hoped I would learn my lesson, and he Senator PETERS is right: This is a banking before our trip, so a loan was out of threatened that if I made any noise, he pivotal moment for reproductive free- the question. We had to rely on my family. would stop the procedure, I would have to dom. I have heard from so many of my They were able to increase their credit while have the baby, and everyone would ‘‘know constituents about the importance of we flew across the country and withdraw my shame.’’ funds from their retirement account to cover Roe and reproductive freedom. I am Although my experience was scary and the bill later in the month. Without them, I humiliating, my story is not as horrific as just going to share two of their stories. don’t know what would have happened. I many from that time—I survived, without The first is from Kate, who lives in know, now, about the abortion funds. But injury, as many women did not—but that’s Medford, MA. Here is what Kate wrote: just as I didn’t risk asking if what I was because I was lucky. I was lucky to have sup- Most of my life, my strong support for doing was safe and legal, I didn’t want to ask portive parents, I was lucky they could af- abortion was as impersonal as it was impor- for financial help. Everything felt so fragile. ford to pay, I was lucky to have a precocious

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.312 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6502 CONGRESSIONAL RECORD — SENATE October 25, 2020 sister, and I was lucky her guitar teacher Prior to Justice Ruth Bader Gins- House Amendment to S. 178 with had contacts, and lucky he knew of a medi- burg’s death, I stated that, should a va- Amendment No. 2652; a bill to condemn cally competent doctor. But nobody should cancy on the Supreme Court arise, the gross human rights violations of ethnic have to depend on luck to get a safe abor- Senate should follow the precedent set Turkic Muslims in Xinjiang, and call- tion. Although that doctor tried to shame me, I 4 years ago and not vote on a nominee ing for an end to arbitrary detention, am not ashamed. I don’t think abortion is prior to the Presidential election. torture, and harassment of these com- shameful and I have never had a moment’s Since her passing, I have reiterated munities inside and outside China. regret. My abortion allowed me to live the that in fairness to the American peo- I was necessarily absent but had I life I wanted and to become a parent when I ple—who will either be reelecting the been present would have voted no on was able to raise a child properly and respon- President or selecting a new one—the rollcall vote 208, on the Motion to sibly. This was good for me and my life, but decision on the nominee to fill the Su- Table the Appealing of the Ruling of it is also a social and public health good. preme Court vacancy should be made the Chair; nomination or Michael Jay Abortion is a necessary part of family plan- Newman, of Ohio, to be United States ning and women’s healthcare and denying or by whoever is elected on November 3. restricting access to it means that women Because this vote is occurring prior District Judge for the Southern Dis- can not safely control their reproduction and to the election, I will vote against the trict of Ohio. therefore can’t really control their lives, nomination of Judge Amy Coney Bar- I was necessarily absent but had I which means they can’t participate fully and rett. To be clear, my vote does not re- been present would have voted no on equally in society. It is bad social policy to flect any conclusion that I have rollcall vote 209, on the Motion to hobble half of the population. reached about Judge Barrett’s quali- Table the Appealing of the Ruling of Women of my generation already know the Chair; nomination of Michael Jay what pain and hardship results from abor- fications to serve on the Supreme Court. What I have concentrated on is Newman, of Ohio, to be United States tion bans, but younger women have grown up District Judge for the Southern Dis- taking abortion access for granted as a right, being fair and consistent, and I do not and I urge them to speak out and tell their think it is fair nor consistent to have a trict of Ohio. I was necessarily absent but had I stories. And not only women, but men, and Senate confirmation vote prior to the been present would have voted yes on other family members and friends who have election. been involved and who have been affected. rollcall vote 210, on the motion to pro- f Bring up your experiences in conversation, ceed to legislative session. contact your legislators and tell them. They VOTE EXPLANATION I was necessarily absent but had I are the ones in immediate danger and whose Ms. SINEMA. Mr. President, I was been present would have voted yes on lives and whose families’ lives will be af- rollcall vote 211, on the motion to infected. necessarily absent but had I been present would have voted yes on roll- voke cloture on the nomination Mi- Senator PETERS’ story, Kate’s story, call vote 201 on the Motion to Proceed chael Jay Newman to be U.S. District Wendy’s story are just about how gut- Judge for the Southern District of to H.J. Res. 90, a joint resolution pro- wrenching these decisions are. These Ohio. viding for congressional disapproval are personal decisions that women I was necessarily absent but had I under chapter 8 of title 5, United should make for themselves. been present would have voted no on The Senate has no business taking up States Code, of the rule submitted by rollcall vote 212, on the Decision of the a vote on a Supreme Court Justice who the Office of the Comptroller of the Chair; Shall the Decision of the Chair is already committed to taking away Currency relating to ‘‘Community Re- Stand as the Judgment of the Senate. healthcare from millions of people and investment Act Regulations’’. I was necessarily absent but had I I was necessarily absent but had I to take away Roe v. Wade and this pro- been present would have voted yes on been present would have voted no on tection from millions of women. rollcall vote 213, on the Confirmation We may not have the votes to stop rollcall vote 202, on the Motion to of Michael Jay Newman, of Ohio, to be them, but that does not change the Table the Appealing of the Ruling of U.S. District Judge for the Southern fact that what the Senate Republicans the Chair; a bill to condemn gross District of Ohio. are doing is wrong. We will continue to human rights violations of ethnic I was necessarily absent but had I fight it. We will fight it now in the Turkic Muslims in Xinjiang, and call- been present would have voted no on Senate, and we will fight it come elec- ing for an end to arbitrary detention, rollcall vote 214, on the motion to re- tion day November 3. torture, and harassment of these com- cess. I yield the floor. munities inside and outside China I was necessarily absent but had I I was necessarily absent but had I f been present would have voted no on been present would have voted no on rollcall vote 215, on the motion to pro- MORNING BUSINESS rollcall vote 203, on the Motion to ceed to legislative session. Table McConnell Amdt. No. 2680; to im- I was necessarily absent but had I prove the small business programs. been present would have voted no on NOMINATION OF AMY CONEY I was necessarily absent but had I rollcall vote 217, on the motion to pro- BARRETT been present would have voted yes on ceed to executive session to Consider Ms. COLLINS. Mr. President, when rollcall vote 204, on the Motion to the Nomination of Amy Coney Barrett the Senate considers nominees to the Table the Motion to Proceed to S. 4675; to be an Associate Justice of the Su- U.S. Supreme Court, it is particularly a bill to amend the Health Insurance preme Court of the United States. important that we act fairly and con- Portability and Accountability Act. I was necessarily absent but had I sistently, using the same set of rules, I was necessarily absent but had I been present would have voted no on no matter which political party is in been present would have voted no on rollcall vote 218, on the Motion to power. rollcall vote 205, on the Motion to Pro- Table the Motion to Indefinitely Post- When President Obama nominated ceed to Executive Session to Consider pone the Barrett Nomination. Judge Garland 8 months before the 2016 Michael Newman to be U.S. District I was necessarily absent but had I Presidential election, I met with him Judge for the Southern District of been present would have voted no on and maintained that he was entitled to Ohio. rollcall vote 219, on the On the Motion a hearing. Others argued that the win- I was necessarily absent but had I to Table the Motion to Recommit the ner of that year’s Presidential election been present would have voted no on Barrett Nomination to the Committee should be allowed to choose the nomi- rollcall vote 206, on the Motion to on the Judiciary. nee, and that is what happened. My Table the Appealing of the Ruling of I was necessarily absent but had I views did not prevail, and the standard the Chair; nomination of Michael New- been present would have voted no on was established that a nominee to the man to be U.S. District Judge for the rollcall vote 220, on the Motion to Court would not be voted on prior to Southern District of Ohio. Table the Appealing of the Ruling of the election in a Presidential election I was necessarily absent but had I the Chair; nomination of Coney Bar- year. This year, a vacancy has also oc- been present would have no on rollcall rett, of Indiana, to be an Associate Jus- curred, notably much closer to the vote 207, on the Motion to Invoke Clo- tice of the Supreme Court of the election. ture on the Motion to Concur in the United States.

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.314 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 25, 2020 CONGRESSIONAL RECORD — SENATE S6503 I was necessarily absent but had I safety and health of American con- Environmental Protection Agency, transmit- been present would have voted no on sumers. ting, pursuant to law, the report of a rule en- rollcall vote 221, on the Motion to Re- At a time when so many question the titled ‘‘Pesticides; Agricultural Worker Pro- ability of the government and public tection Standard; Revision of the Applica- cess. tion Exclusion Zone Requirements’’ (FRL f advocacy to improve the quality of life No. 10016–03–OCSPP) received in the Office of for our citizens, Ellen’s work stands as REMEMBERING ELLEN M. BLOOM the President of the Senate on October 22, an antidote to cynicism. She recog- 2020; to the Committee on Agriculture, Nu- Mr. VAN HOLLEN. Mr. President, nized that the work of democracy is trition, and Forestry. earlier this year we lost one of our Sen- hard but always had faith that we EC–5760. A communication from the Sec- ate alumnae—a constituent and a per- could make progress. retary of the Commodity Futures Trading sonal friend—Ellen Michelle Bloom. Her legacy of good works is a testa- Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Registration She was a devoted mother and wife, ment to that conviction and an inspira- with Alternative Compliance for Non-U.S. who dedicated her career to public tion for all. She was also an example of Derivatives Clearing Organizations’’ service and advocating for consumers. how to face adversity with courage and (RIN3038–AE87) received in the Office of the While she was not a household name, fortitude. President of the Senate on October 21, 2020; her 40–year career has benefited the While her professional accomplish- to the Committee on Agriculture, Nutrition, lives of millions of Americans. ments were many, her greatest pride and Forestry. was her family: her husband David EC–5761. A communication from the Chair- Ellen began her extraordinary career man and President of the Export-Import while a student at the University of Bushnell and their children Michael Bank, transmitting, pursuant to law, a re- Maryland, interning for Senator John and Jenna Bushnell, her many nieces port relative to transactions involving U.S. Tunney before joining the staff of a and nephews, her brother and sister-in- exports to various countries; to the Com- newly elected Senator, Howard Metzen- law, her cousins spread across the mittee on Banking, Housing, and Urban Af- baum. Her first job was in the mail- country. Her life was too short—way fairs. EC–5762. A communication from the Chair- room, answering constituent mail, too—short; but it was full of love and rich in the ways that gave it depth, man, Securities and Exchange Commission, learning about the concerns of Ohioans transmitting, pursuant to law, the 2019 An- and figuring out how to navigate the joy, and consequence. nual Report of the Securities Investor Pro- bureaucracy. We were lucky to have such a dedi- tection Corporation (SIPC); to the Com- Over the ensuing 18 years on Senator cated and passionate public servant. I mittee on Banking, Housing, and Urban Af- Metzenbaum’s staff, Ellen rose through was fortunate to count Ellen as a dear fairs. friend. She made our country a better, EC–5763. A communication from the Direc- the ranks, at a time when female aides tor of Legislative Affairs, Federal Deposit were a distinct minority, to become his safer place. She may be gone, but her many accomplishments live on and will Insurance Corporation, transmitting, pursu- legislative director and an expert in ant to law, the report of a rule entitled consumer protection. As her many continue to protect and benefit Ameri- ‘‘Final Rule—Regulatory Capital Rule: Tem- friends and colleagues have written in cans for generations to come. We need porary Changes to and Transition for the the months since her passing at age 65, many more Ellen Blooms, but she was Community Bank Leverage Ratio Frame- Ellen was not interested in attention; one of a kind. work’’ (RIN3064–AE47) received in the Office f of the President of the Senate on October 21, she was only interested in results. A 2020; to the Committee on Banking, Housing, long-time friend and colleague wrote of EXECUTIVE AND OTHER and Urban Affairs. Ellen, ‘‘It’s amazing how much you can COMMUNICATIONS EC–5764. A communication from the Acting get done when you don’t care who gets Deputy Director of Legislative Affairs, Fed- The following communications were eral Deposit Insurance Corporation, trans- the credit.’’ That was Ellen. laid before the Senate, together with From provisions in the 1984 Cable Act mitting, pursuant to law, the report of a rule accompanying papers, reports, and doc- entitled ‘‘Final Rule—Real Estate Apprais- mandating Equal Employment Oppor- uments, and were referred as indicated: als’’ (RIN3064–AF48) received in the Office of tunity standards, to promoting chil- EC–5755. A communication from the Direc- the President of the Senate on October 21, dren’s television legislation, to regula- tor of the Regulatory Management Division, 2020; to the Committee on Banking, Housing, tions requiring lavatories on commuter Environmental Protection Agency, transmit- and Urban Affairs. airplanes, to warning labels on large ting, pursuant to law, the report of a rule en- EC–5765. A communication from the Acting Deputy Director of Legislative Affairs, Fed- buckets designed to protect small chil- titled ‘‘Clofentezine; Pesticide Tolerances’’ eral Deposit Insurance Corporation, trans- (FRL No. 10015–25–OCSPP) received in the Of- dren from drowning, Ellen’s work was mitting, pursuant to law, the report of a rule fice of the President of the Senate on Octo- far-reaching. She advocated for the use entitled ‘‘Final Rule—Regulatory Capital ber 22, 2020; to the Committee on Agri- of car seats and bicycle helmets and Rule and Total Loss-Absorbing Capacity culture, Nutrition, and Forestry. Rule: Eligible Retained Income’’ (RIN3064– was among a small group who sought EC–5756. A communication from the Direc- AF40) received in the Office of the President to bridge the ‘‘digital divide’’ long be- tor of the Regulatory Management Division, of the Senate on October 21, 2020; to the Com- fore it became a popular phrase. She Environmental Protection Agency, transmit- believed in equality and fairness and mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a rule en- fairs. sought ways to incorporate these prin- titled ‘‘Dipropylene Glycol and Triethylene EC–5766. A communication from the Acting ciples into public policy. Glycol; Exemption from the Requirement of Deputy Director of Legislative Affairs, Fed- When Senator Metzenbaum retired, a Tolerance’’ (FRL No. 10015–39–OCSPP) re- eral Deposit Insurance Corporation, trans- Ellen was recruited to join the Clinton ceived in the Office of the President of the mitting, pursuant to law, the report of a rule administration, first at the National Senate on October 22, 2020; to the Committee entitled ‘‘Final Rule—Regulatory Capital on Agriculture, Nutrition, and Forestry. Telecommunications and Information Rule: Revised Transition of the Current Ex- EC–5757. A communication from the Direc- pected Credit Losses Methodology for Allow- Administration, then as the Commerce tor of the Regulatory Management Division, ances’’ (RIN3064–AF42) received in the Office Department’s Deputy Assistant Sec- Environmental Protection Agency, transmit- of the President of the Senate on October 21, retary for Legislative Affairs, and last- ting, pursuant to law, the report of a rule en- 2020; to the Committee on Banking, Housing, ly as Deputy Chief of Staff for Com- titled ‘‘Indoxacarb; Pesticide Tolerances’’ and Urban Affairs. merce Secretary William Daley, where (FRL No. 10012–78–OCSPP) received in the Of- EC–5767. A communication from the Direc- her responsibilities included the 2000 fice of the President of the Senate on Octo- tor of the Regulatory Management Division, ber 22, 2020; to the Committee on Agri- Environmental Protection Agency, transmit- Census. culture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- Following her public service career, EC–5758. A communication from the Direc- titled ‘‘Fuels Regulatory Streamlining’’ Ellen joined the Washington staff of tor of the Regulatory Management Division, (FRL No. 10014–97–OAR) received in the Of- Consumer Reports. As Director of Fed- Environmental Protection Agency, transmit- fice of the President of the Senate on Octo- eral Policy and head of the D.C. office, ting, pursuant to law, the report of a rule en- ber 22, 2020; to the Committee on Environ- she led the organization’s advocacy in titled ‘‘Mefenoxam; Pesticide Tolerances’’ ment and Public Works. support of the Affordable Care Act, (FRL No. 10012–87–OCSPP) received in the Of- EC–5768. A communication from the Direc- tor of the Regulatory Management Division, fought for stricter vehicle emission fice of the President of the Senate on Octo- ber 22, 2020; to the Committee on Agri- Environmental Protection Agency, transmit- standards, promoted expanded con- culture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- sumer product labeling, and worked on EC–5759. A communication from the Direc- titled ‘‘Hazardous and Solid Waste Manage- many other issues that protected the tor of the Regulatory Management Division, ment System: Disposal of CCR; A Holistic

VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.171 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6504 CONGRESSIONAL RECORD — SENATE October 25, 2020 Approach to Closure Part B: Alternate Dem- Michigan urging the United States Congress and essential tool in providing a means for onstration for Unlined Surface Impound- to repeal the federal ban on Pell Grants for Americans to connect with work, school, and ments’’ (FRL No. 10015–88–OLEM) received in prison-based education; to the Committee on health care. Ensuring that all Americans the Office of the President of the Senate on Health, Education, Labor, and Pensions. have access to broadband services at speeds October 22, 2020; to the Committee on Envi- HOUSE RESOLUTION NO. 234 they need to fully participate in our society is imperative; and ronment and Public Works. Whereas, The federal Pell Grant Program Whereas, Multiple states have established EC–5769. A communication from the Direc- provides need-based grants to low-income tor of the Legal Processing Division, Inter- broadband expansion block grant programs undergraduate and certain to distribute funds to internet service pro- nal Revenue Service, Department of the postbaccalaureate students to promote ac- Treasury, transmitting, pursuant to law, the viders for the purpose of building out cess to postsecondary education. Pell grants broadband infrastructure in rural and under- report of a rule entitled ‘‘Meals and Enter- have been helping millions of low-income tainment Expenses Under Section 274’’ served areas of their states. This includes students across the country access postsec- Michigan’s Connecting Michigan Commu- (RIN1545–BP23) received in the Office of the ondary education for 45 years; and President of the Senate on October 21, 2020; nities grant program; and Whereas, The federal Violent Crime Con- Whereas, Congress can assist states work- to the Committee on Finance. trol and Law Enforcement Act denied all in- EC–5770. A communication from the Direc- ing to increase broadband availability to carcerated individuals’ eligibility for federal homes, business, and other entities by mak- tor of the Legal Processing Division, Inter- financial aid in 1994, making prisoners ineli- nal Revenue Service, Department of the ing funds available to improve and continue gible to receive Pell grants and therefore expanding broadband infrastructure; now, Treasury, transmitting, pursuant to law, the less likely to obtain a postsecondary degree report of a rule entitled ‘‘Computation and therefore, be it while incarcerated. Until 1992, Pell grants Resolved by the House of Representatives, Reporting of Reserves for Life Insurance were available to incarcerated individuals. That we urge the Congress of the United Companies’’ (RIN1545–BO13) received in the As a result, education programs expanded States to allocate funding for states that Office of the President of the Senate on Oc- throughout the prison system, and by 1990, have established broadband expansion block tober 21, 2020; to the Committee on Finance. there were 772 prison college programs in grant programs; and be it further EC–5771. A communication from the Direc- more than 1,000 correctional facilities; and Resolved, That copies of this resolution be tor of the Legal Processing Division, Inter- Whereas, Postsecondary courses and train- transmitted to the President of the United nal Revenue Service, Department of the ing for incarcerated people will make them States Senate, the Speaker of the United Treasury, transmitting, pursuant to law, the more likely to secure jobs and succeed eco- States House of Representatives, and the report of a rule entitled ‘‘Treasure Decision nomically upon release. While currently only members of the Michigan congressional dele- (TD): Base Erosion and Anti-Abuse Tax’’ 24 percent of people in federal prison have gation. ((RIN1545–BP36) (TD 9910)) received in the Of- had access to some postsecondary education, fice of the President of the Senate on Octo- 65 percent of all new jobs nationwide now re- POM–246. A resolution adopted by the City ber 21, 2020; to the Committee on Finance. quire a postsecondary degree; and Council of Atlanta, Georgia urging the EC–5772. A communication from the Archi- Whereas, Postsecondary education and United States Senate to appropriate funds to vist of the United States, National Archives training programs lead to lower recidivism sustain the U.S. Postal Service, and to en- and Records Administration, transmitting, rates, less crime, and improved public safety. sure the Postal Service continues to function pursuant to law, a report relative to the Ad- Incarcerated people who participate in post- as a universal public service; to the Com- ministration’s fiscal year 2020 Commercial secondary education and training programs mittee on Homeland Security and Govern- Activities Inventory and Inherently Govern- are 43 percent less likely to recidivate than mental Affairs. mental Activities Inventory and the Uniform those who do not participate; and POM–247. A resolution adopted by the Bay Resource Locator (URL) for the report; to Whereas, Prison education reduces vio- County, Florida Board of Commissioners, the Committee on Homeland Security and lence within the prison system. Prisons with strongly urging the President of the United Governmental Affairs. college programs have fewer violent inci- States and the United States Congress to EC–5773. A communication from the Chair- dents, which allows corrections officials to provide the financial assistance required to man of the Council of the District of Colum- do their jobs in a safer environment; and aid states and local units of government as bia, transmitting, pursuant to law, a report Whereas, Prison-based education is cost-ef- they continue to deal with the economic on D.C. Act 23–418, ‘‘Office for the Deaf, fective. Every dollar invested in prison-based long term effects of Covid-19; to the Com- Deafblind, and Hard of Hearing Establish- education yields $4.00 to $5.00 in taxpayer mittee on Finance. ment Amendment Act of 2020’’; to the Com- savings in reduced long-term incarceration f mittee on Homeland Security and Govern- costs; and mental Affairs. Whereas, Removing the federal ban on Pell ADDITIONAL COSPONSORS EC–5774. A communication from the Chair- grants for prison education would expand ac- S. 2074 man of the Council of the District of Colum- cess to postsecondary education for people in At the request of Ms. HASSAN, the bia, transmitting, pursuant to law, a report Michigan’s prisons; and name of the Senator from Mississippi on D.C. Act 22–419, ‘‘Standby Guardian Whereas, Should the surplus for the Pell Amendment Act of 2020’’; to the Committee grant program run low and there is a need to (Mrs. HYDE-SMITH) was added as a co- on Homeland Security and Governmental Af- prioritize the awarding of Pell grants, non- sponsor of S. 2074, a bill to amend sec- fairs. prisoner applicants should have priority over tion 303(g) of the Controlled Substances EC–5775. A communication from the Asso- prisoner applicants; now, therefore, be it Act (21 U.S.C. 823(g)) to eliminate the ciate Bureau Chief, Wireline Competition Resolved by the House of Representatives, separate registration requirement for Bureau, Federal Communications Commis- That we memorialize the Congress of the dispensing narcotic drugs in schedule sion, transmitting, pursuant to law, the re- United States to repeal the federal ban on III, IV, or V, such as buprenorphine, for port of a rule entitled ‘‘Call Authentication Pell grants for prison-based education; and maintenance or detoxification treat- Trust Anchor’’ ((FCC 20–136) (WC Docket No. be it further 17–97)) received in the Office of the President Resolved, That copies of this resolution be ment, and for other purposes. of the Senate on October 22, 2020; to the Com- transmitted to President of the United S. 3595 mittee on Commerce, Science, and Transpor- States Senate, the Speaker of the United At the request of Ms. ROSEN, the tation. States House of Representatives, and the name of the Senator from Connecticut EC–5776. A communication from the Dep- members of the Michigan congressional dele- (Mr. MURPHY) was added as a cosponsor uty Branch Chief, Wireline Competition Bu- gation. of S. 3595, a bill to require a longitu- reau, Federal Communications Commission, dinal study on the impact of COVID–19. transmitting, pursuant to law, the report of POM–245. A resolution adopted by the S. 4349 a rule entitled ‘‘8YY Access Change Reform’’ House of Representatives of the State of ((FCC 20–143) (WC Docket No. 18–156)) re- Michigan urging the United States Congress At the request of Mr. KAINE, the ceived in the Office of the President of the to allocate funding for states that have es- name of the Senator from Michigan Senate on October 22, 2020; to the Committee tablished broadband expansion block grant (Mr. PETERS) was added as a cosponsor on Commerce, Science, and Transportation. programs; to the Committee on Commerce, of S. 4349, a bill to address behavioral Science, and Transportation. f health and well-being among health HOUSE RESOLUTION NO. 283 care professionals. PETITIONS AND MEMORIALS Whereas, Broadband internet is a critically S. 4791 The following petitions and memo- important communications method Ameri- At the request of Mr. VAN HOLLEN, rials were laid before the Senate and cans use to connect with one another. Busi- the name of the Senator from Ohio nesses, consumers, workers, and students use were referred or ordered to lie on the the internet for a variety of purposes, mak- (Mr. BROWN) was added as a cosponsor table as indicated: ing it indispensable in today’s society; and of S. 4791, a bill to provide for a Com- POM–244. A resolution adopted by the Whereas, During the COVID–19 crisis, the munity-Based Emergency and Non- House of Representatives of the State of internet has become an even more important Emergency Response Grant Program.

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N O T I C E Incomplete record of Senate proceedings. Today’s Senate proceedings will be continued in Book II.

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