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, SATURDAY, OCTOBER 24, 2020 No. 183 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 SATURDAY, OCTOBER 24, 2020

(Legislative day of Monday, October 19, 2020)

The Senate met at 12 noon, on the ex- Mr. GRASSLEY. Mr. President, I ask NOMINATION OF AMY CONEY BARRETT piration of the recess, and was called to to speak for 1 minute as in morning Mr. MCCONNELL. Mr. President, yes- order by the President pro tempore business. terday, the Senate took the first step (Mr. GRASSLEY). The PRESIDING OFFICER. Without toward concluding our consideration of objection, it is so ordered. f Judge Amy Coney Barrett’s nomina- IOWA HARVEST SEASON tion to the Supreme Court. The judge PRAYER Mr. GRASSLEY. Across Iowa this is one of the most brilliant, admired, The Chaplain, Dr. Barry C. Black, of- weekend, farmers will be in their fields and impressive nominees for any public fered the following prayer: as they continue the 2020 harvest sea- office in a generation. Tomorrow, we Let us pray. son. Iowa farmers have now harvested will vote on advancing her nomination O God, You are our God. We can stay all but about 10 percent of our soy- toward final confirmation on Monday. composed even in a storm because of beans and 30 percent of our corn. Because I am in Washington, DC, this Our recent debates have been heated, Your presence. We need You and stay but, curiously, talk of Judge Barrett’s thirsty for You, for Your power and weekend with the confirmation of Judge Barrett, I won’t be able to give actual credentials or qualifications has glory uplift us. Your steadfast love is my social media followers my weekly hardly featured in it. The Democratic our reason for being, and we will bless update on the 2020 hashtag leader summarized his view yesterday: Your Name for as long as we live. ‘‘CornWatch’’ or hashtag ‘‘It’s not about qualifications’’—his Lord, empower our Senators to run ‘‘SoybeanWatch’’ series from the words. toward life’s challenges and hardships, Grassley farm. The purpose of this knowing that they are never alone. Instead, our Democratic colleagues weekly series is to give people who Satisfy their souls with good things have tried to claim the Senate’s proc- have never stepped foot on a farm an and transform the mundane into the ess itself is not legitimate. These idea of the complexities that go into meaningful. Draw them close to You as claims are supposed to lay groundwork planning, growing, and harvesting a You purify their hearts and provide for radical, institution-wrecking bountiful crop. changes down the road. them with a spirit of hope. Between COVID–19 supply chain dis- We pray in Your loving Name. Amen. ruptions, drought, and a derecho, the But, of course, they are not true. We live in a constitutional Republic. The f 86,000 Iowa farm families have faced one of the most challenging years in legitimacy of an outcome does not de- PLEDGE OF ALLEGIANCE recent memory. Farmers are only 2 pend on the feelings it provokes in poli- The President pro tempore led the percent of the population, but they ticians. Let me say that again: The le- Pledge of Allegiance, as follows: provide food, fuel, and fiber for the gitimacy of an outcome does not de- pend on the feelings it provokes in poli- I pledge allegiance to the Flag of the other 98 percent. United States of America, and to the Repub- I want to send my best wishes to ticians. Legitimacy comes from prece- lic for which it stands, one nation under God, farmers and their families as we are dence, rules, and, ultimately, the Con- indivisible, with liberty and justice for all. nearing the final stretch of the harvest stitution. f season. Let’s restate a few facts for pos- I yield the floor. terity. No. 1, there is no inconsistency EXECUTIVE CALENDAR—Continued RECOGNITION OF THE MAJORITY LEADER between the Republican Senate’s deci- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The ma- sion in 2016 and our decision to confirm HOEVEN). The Senator from Iowa. jority leader is recognized. Judge Barrett this year.

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

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VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A24OC6.000 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6420 CONGRESSIONAL RECORD — SENATE October 24, 2020 Here is what I said in my very first preme Court Justices confirmed in De- degree, hypocritical turn he has made floor speech following the death of Jus- cember of election years. Senates have on Supreme Court nominations, but a tice Scalia: ‘‘The Senate has not filled even confirmed nominees for lameduck distorted, warped history lesson will a vacancy arising in an election year Presidents who just lost. That is an- not remove the stain. when there was divided government other nonissue. Only one thing will, Leader MCCON- since 1888, almost 130 years ago’’—not All of these false claims embarrass NELL: Withdraw the nomination of setting some new precedent, just stat- those who repeat them, but the most Amy Coney Barrett until after the ing a fact. important point is this: In this coun- election, plain and simple. Fifteen times in American history, try, legitimacy does not flow from the Now we meet here in a rare Saturday during a Presidential election year, whims of politicians. Legitimacy does session because there is nothing—noth- new Supreme Court vacancies have not depend on which political party ing—remotely normal about the Re- arisen and Presidents have made nomi- makes that decision. Legitimacy publicans’ drive to confirm Judge Bar- nations. Seven of those 15 times, voters comes from traditions, rules, and the rett to the Supreme Court only days had elected an opposite-party Senate Constitution. before a Presidential election. to check and balance the sitting Presi- Our Democratic colleagues have Four years ago, the entire Repub- dent. Not surprisingly, in those situa- spent months obsessively demanding lican Senate said it was a principle— tions, only two of the seven were con- that our President repeatedly acknowl- that was their word, ‘‘principle’’—that firmed, and none since 1888. The other edge that the election will be legiti- Supreme Court Justices should not be eight times, the same party controlled mate even if he loses. But here in the confirmed in Presidential election the Senate and the White House. Seven Senate, with this confirmation process, years. Leader MCCONNELL said: ‘‘The of those eight were confirmed—all but Democrats are flunking their own test. American people [deserve a choice] in one. The one exception unraveled in a Let me say that again. Democrats the selection of their next Supreme scandal. want President Trump to keep repeat- Court Justice.’’ That is the principle We followed precedent in 2016, and we ing that the election will be legitimate they insisted the Senate must follow, are following precedent this week. regardless of whether he wins, but here and they declared that this principle No. 2, it has been claimed that Chair- in the Senate, the very same people are bound the Senate not to consider the man GRAHAM broke the rules by report- saying our vote on Monday will only be nomination of Judge Garland even ing out Judge Barrett’s nomination— valid if they like the outcome. though it was 8 months before the not so. As the Parliamentarian con- Our Republic cannot abide any polit- Presidential election of 2016. firmed on Thursday, standing rule ical faction making ‘‘illegitimate’’ a Well, here we are today, just a few XXVI and Senate precedent are crystal sloppy synonym for ‘‘we are not days from another Presidential elec- clear. If a majority of a committee is happy.’’ Of course, they are not happy. tion. More than 50 million Americans physically present and votes in favor of That doesn’t make anything about this have already voted, and that number a nomination, reporting it to the floor illegitimate. will only increase between today and is a valid action, irrespective of what That kind of recklessness leads down Monday—the date of Judge Barrett’s committee rules may say. a road that none of us should want to confirmation vote. Americans are wait- Chairman GRAHAM didn’t even vio- travel. That is why I keep correcting ing in line now, patiently, at early vot- late the rules of his own committee. the record, even though it might seem ing locations around the country, to Past chairmen of both parties have silly. After all, if Republicans have the cast their ballots in Arizona and North done precisely what Chairman GRAHAM votes, why not ignore our colleagues Carolina, in Maine and Colorado, in did on Thursday morning. In 2014, for and their statements and move on? I Iowa and Kansas, in Georgia, Alaska, one example, Chairman LEAHY and the have chosen not to do that. It remains and Kentucky, in 26 States where early committee’s Democratic majority our duty to separate right from wrong, voting centers are open and in another voted multiple Federal judges to the fact from fiction, for the good of the 15 States where early votes can be floor without two members of the mi- Senate and for our country. nority present—just a few years ago. Judge Barrett’s confirmation process dropped off at election offices. Nothing remotely unprecedented took has followed every rule. It has followed In my home State of New York, place—not in committee, not on the the Constitution in every respect. We where today marks the first day of floor. have abided by the norms and tradi- early voting, it may look a little dif- No. 3, timing. Some colleagues kept tions dictated by our history, and we ferent this year. The lines are longer, repeating the absurd claim that this is are going to vote tomorrow. not just because of enthusiasm but also the most rushed confirmation process I suggest the absence of a quorum. because they are more socially distant. in history. Well, that is flatout false. The PRESIDING OFFICER. The Everyone should be wearing a mask. From the announcement of the nomi- clerk will call the roll. But as we speak, millions of Americans nation to the start of hearings, eight The senior assistant legislative clerk are using their voices to say who they Supreme Court nominations in the last proceeded to call the roll. want to have select Supreme Court 60 years moved more quickly than this Mr. SCHUMER. Mr. President, I ask Justices. one. Eight in the last 60 years moved unanimous consent that the order for At the same time, when the Repub- more quickly than this one. Then, from the quorum call be rescinded. lican majority in the Senate is ram- the end of the hearing to the com- The PRESIDING OFFICER. Without ming through the lifetime appointment mittee vote, half of all confirmations objection, it is so ordered. of a Justice who will make hugely since 1916 actually moved faster than RECOGNITION OF THE MINORITY LEADER impactful decisions about their lives this one. The Democratic leader is recognized. and freedom, Leader MCCONNELL has Justice John Paul Stevens was con- Mr. SCHUMER. Mr. President, I just the temerity to say there is no con- firmed in 19 days, from start to finish; heard the Republican leader say there tradiction between Merrick Garland Justice Sandra Day O’Connor, in about is no inconsistency between what the and how they treated him and Amy 4 weeks. In the past, Justices have been Republicans are doing now with Amy Coney Barrett and how they are treat- confirmed in 1 week; some in 1 day. Coney Barrett’s nomination and what ing her. Give me a break. Our col- There is no argument that Judge they did with Merrick Garland in 2016. leagues are saying to the American Barrett’s nomination has moved at a Who would believe that? The contradic- people: You get no say. You get no breakneck pace. Facts are facts. tion is glaring. The contradiction will choice. No. 4, contrary to what has been be a stain on the leader’s forehead and Four years ago, when a Democratic claimed, the Senate has absolutely on the entire Republican caucus if it President nominated a Justice, the Re- confirmed Supreme Court nominees continues. publicans professed to care about giv- later in Presidential election years We just heard another warped, dis- ing the American people a voice—not than this one. Multiple Justices were torted, and convoluted history lesson so now, not when a Republican-nomi- confirmed after elections had already from Leader MCCONNELL. We know how nated Justice is on the line, not when happened. We have had multiple Su- defensive he is about the blatant, 180- their own political power is at stake.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.178 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6421 What became of that high-minded prin- ing to undermine our elections. Are the All of that is in the Heroes bill. The ciple the Republican Senators em- Republicans doing anything about American people so much want us to braced so fervently in somber tones? that? No. They are too focused on im- pass it, but Leader MCCONNELL will not Just 4 years ago, Leader MCCONNELL plementing their deeply unpopular even put it on the floor for a debate. and they told the Nation that the Sen- agenda through the courts because If Leader MCCONNELL and his Repub- ate must heed the voices of the Amer- they know they could never get it lican majority had an ounce of concern ican people when they vote. Where on through the Senate. Most of them for average American families, they Earth did that principle go? What prin- wouldn’t even vote for it. would halt this sham Supreme Court ciples govern their current mad rush to Today, we are going to give the Re- process and join us in taking up the confirm another Trump Justice 8 days publican majority in the Senate the op- critical pieces of legislation which my before this Presidential election? portunity to consider critical legisla- colleagues and I will be putting on the If this process has revealed anything, tion that has, so far, languished in floor all afternoon. In each case, we are it is that the supposed Republican prin- Leader MCCONNELL’s legislative grave- not asking the Senate to pass it; we are ciple was a farce—no principle at all yard. Many bills that are just sitting simply asking to debate it. We are ask- and never was. It was a naked, oppor- here, awaiting action, that were passed ing them to overrule Leader MCCON- tunistic, transparent, cynical, last- in the House—many with bipartisan NELL and put these bills on the floor ditch grab for power. Of course, it is support—are waiting for Senate action. and let there be a debate and let there the continuation of their shameful, We should be doing that, not rushing be amendments. That is all we ask dur- lockstep subservience to President through this nomination while people ing the most desperate—desperate—of Trump—the most unprincipled Presi- are voting and wanting their choices to times. dent in American history. This will go be listened to, not the Republican Sen- All we ask is for the ability to debate down as the most partisan, most hypo- ate’s choice. something that really matters to the critical, and least legitimate Supreme So we are going to start with com- American people instead of rushing Court nomination in our Nation’s his- prehensive legislation that addresses through a judge, a Supreme Court tory. the most serious problems facing nominee, when the American people Once again, Leader MCCONNELL, when America right now, the Heroes Act, want the decision to be made by them, you talk about history—a distorted, which would deliver urgent and nec- not by Republican Senators, not when one-sided view, that is all you give—it essary relief to the Nation and to the her views on key issues only represent doesn’t erase what you have done. It people who are suffering. The Heroes an extreme minority of the American stares the American people in the face. Act would have a comprehensive re- people. They know it. We know it. We all know gime for testing and tracing of $75 bil- Mr. President, in order to proceed to it, and history will know it. lion—the money that is needed but the consideration of H.R. 925, Heroes 2, It is a very dark moment for the Sen- that this administration never gave. In I ask unanimous consent that the Sen- ate, and I am ashamed that the Repub- fact, there is $9 billion sitting there ate proceed to legislative session. licans are going along with this. This, from what we approved months ago in The PRESIDING OFFICER. Is there again, will be the most partisan, most the CARES Act that they have not objection? hypocritical, and least legitimate Su- even given out yet, so incompetent are The majority whip. preme Court confirmation in our Na- they. Mr. THUNE. Mr. President, reserving tion’s history. I saw Donald Trump in the debate. the right to object, the minority leader He said: Oh, it will go away. He has UNANIMOUS CONSENT REQUEST—H.R. 925 is requesting to move to legislation been saying that since January. That Mr. President, now let’s look at the after having repeatedly, this week, re- is why people know he is an incom- status of our country. It is even less quested and asked for votes to adjourn petent President during the most dif- justified in light of that. multiple times—leave town. Now, all of ficult of times. Yet he still says it. We had a record number of COVID in- a sudden, he wants to legislate. We need that money. We need money fections yesterday. Let me repeat—a I think there is a serious question to open up our schools safely and record number. Are Senate Republicans about the sincerity of the minority soundly. That takes extra money. The doing anything about that? No. This is leader’s request here. And, frankly, to school districts can’t afford it. We need his point, the U.S. Senate has now not a regional crisis like before. These ventilation, more buses, PPE, often- twice—and most recently this week, on spikes are now widespread, across the times more teachers, hotspots so that whole country, putting all of our Na- people can get Wi-Fi when they don’t Tuesday—Tuesday this week—voted on tion at risk. In fact, in per capita have it in their own homes, and so legislation that would do all the things terms, I believe North and South Da- much more. that he says that he wants to do: Help kota have the highest in the Nation. I We need money to prevent people people who are unemployed; we voted read this morning that beds are run- from being evicted from their houses. on a bill that had unemployment insur- ning out, and we are not doing a thing. They have lost their jobs through no ance for people who are unemployed. In the past month, there has been a fault of their own, and they are getting Help small businesses; we had a bipar- 35-percent increase in the number of kicked out either as a renter or as a tisan agreement on the Paycheck Pro- Americans hospitalized with COVID. mortgagor. The Heroes Act deals with tection Program to provide assistance COVID is now the third leading cause that. to small businesses, and that was of death in the United States. In coun- We need money to help our small blocked by the Democrats earlier this tries like Germany and Japan and Aus- businesses—and not just a few. The res- week. It had money in there, resources tralia, COVID isn’t close to being in taurants, stages and venues, broad- on a bipartisan, agreed-upon objective, the top 10. Experts like Dr. Fauci are casters and newspapers, nonprofits and and that is more money, more re- predicting, unfortunately, or pro- rural hospitals—all left out of the Re- sources, for schools and universities to jecting that we could hit 400,000 Amer- publicans’ proposal—are in the Heroes open safely—$100 billion in there for ican deaths this year and that the bill. schools to open safely. They blocked it. darkest and worst days of this pan- There is money for unemployment. They objected. demic, unfortunately, are ahead of us, The $600 pandemic unemployment kept It had money in there for farmers, not behind us. 10 million people out of poverty. It has something that is important to the The next huge wave of this pandemic pumped money into the economy as Presiding Officer and to me as well. is not looming; it is here. We cannot af- well as given people who are not They blocked it. ford to wait, but are the Republicans wealthy at all an ability to get by. It had money in there for the Postal doing anything about it? No. There are That is in the Heroes bill, and there is Service, something that his side has tens of millions of Americans out of so much more. been saying repeatedly we need to ad- work, and businesses are failing every There is money to make sure our dress. They blocked it. We had that day. Are Senate Republicans doing elections are guarded and safe. There vote this week. anything about that? No. There are for- are provisions that allow for the census We have taken up legislation exactly eign powers, particularly Russia, try- to be counted in a fair way. along the lines of what the Democratic

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.179 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6422 CONGRESSIONAL RECORD — SENATE October 24, 2020 leader is asking for, and they have con- taken away from them? Amy Coney first off, the funding that was provided sistently blocked it. Barrett, in the past, has said she would in the Republican bill wasn’t incon- And then to say: Well, let’s adjourn; do that. sequential. It was $650 billion. we have had multiple votes on adjourn- Do the American people want to And to the Democratic leader’s point ing. This isn’t serious, and he knows it. make it even harder to form a union so about the people in this country want This is all about politics. This is a they might get some good pay? Amy what is now a $2.4 trillion bill—boy, I bogus issue to detract the Senate from Coney Barrett. How about gun safety? can tell you, I haven’t seen that any- the work at hand, which is to confirm She is to the right of Scalia. where, and maybe there is some polling a well-qualified judge to the Supreme The issue on Amy Coney Barrett is out there that indicates that. But I Court, who had a ‘‘well qualified’’ rec- twofold, and nothing they say changes think if you ask the question: Would ommendation from the American Bar it. No. 1, her views on the issues are so you want to spend $2.4 trillion dollars Association, which the Democratic far and so extreme that she does not if you knew you were borrowing it leader in the past has said is the gold represent even the views of the people from your children and grandchildren, standard—the gold standard when it in this body on the Republican side; you might get a different answer. comes to processing and considering ju- and, No. 2, if they feel that the Amer- And the truth of the matter is, we dicial nominations. So let’s see this for ican people want her, let them vote and have gone $3.5 trillion—all borrowed what it is, call it out for what it is. decide—the very same thing my friend money, all added to the debt—already And the bill he is calling up, by the from South Dakota and everyone else to address coronavirus relief. way, from the House of Representa- said with Merrick Garland. We know That being said, we did bring a bill tives, if you look at all the stuff it has hypocrisy when we see it. We know up that was another $650 billion, and in it—and this is the all-or-nothing ap- contradictions when we see them. the Democrats blocked it. Why? Be- proach that they are advocating right And on the bill—yes, let’s debate it. cause it didn’t spend enough, and they now—tax cuts for Manhattan million- But their bill is inadequate on testing, didn’t think it spent enough on the aires? They are always complaining inadequate on small business, inad- things that they thought it ought to about tax cuts for the rich. This is tax equate on schools. We went to school spend money on. Well, if that is the debate, let’s get cuts for millionaires in New York and administrators. No money for State on our bill. Let’s start at the $650 bil- California. Blue State bailouts for his and local governments, and I dare say lion base level, and they can offer State of New York. Think about that. to my friend from South Dakota, a po- Is that really what the American peo- amendments to increase funding. lice officer, a firefighter, someone who By the way, we did have funding in ple think we ought to be voting on picks up the garbage or drives the right now when they are unemployed, there for testing and vaccines—signifi- buses needs help in South Dakota, if it cant amounts of money negotiated by small businesses need help? is a red State, or New York, if it is a And that is the other thing. The bill LAMAR ALEXANDER, the chairman of blue State. It is despicable, when the he is calling up—trying to call up right the Health, Education, Labor, and Pen- bill goes for all States, to say: ‘‘It is now has no assistance in there for the sions Committee. But if that is what just for blue States.’’ That is the kind PPP program, the very program that they want to do, then let’s start there, of divisiveness that Donald Trump has everybody around the country has said and then they can have an opportunity created in this country. It is why so has provided enormous assistance to to debate it and offer amendments, but many people don’t like him, and what small businesses, kept them in busi- they have blocked even getting on the our Republican colleagues, unfortu- ness, and there are other businesses bill—not the bill itself, even debating nately, since he has become President, who need that help. He talked about it. have followed through on. wanting to help businesses that are So when he says: We want to have a Our bill is far more comprehensive. It going out of business. Well, that bill debate, we could have had a debate. All deals with the needs. Very little money that he is trying to call up right now they had to do was let us get on the for testing, very little money for State doesn’t include assistance for small bill, and then we could be offering up and local governments, no money to businesses. and debating and discussing these var- So, anyway, this is clearly an at- help restaurants or stages or non- ious amendments that they want to tempt to detract the Senate from the profits or rural hospitals, no money for offer. work at hand, which is to consider a hospitals, in general. But I would argue that all the things So the bottom line is very simple. very well-qualified nominee to the U.S. that our bill includes are things that Ours is a broad, comprehensive bill. Supreme Court—one of the Senate’s are important to the American people. Theirs is a narrow, skinny bill done to most important constitutional duties It was a targeted bill. It was a fiscally appease 20 Republican Senators who and responsibilities, and we intend to responsible bill. And, yes, it got 52 out wanted no money—no money. And they stay focused on that. of 53 Republicans to vote for it—not a And if the leader is genuinely inter- won’t even debate that either. single Democrat. Why? Because the ested, he could let us get on the bill So I say to my good friend from Democrats have an all-or-nothing ap- that we tried to call up earlier this South Dakota, and he is my friend, we proach, and they want to hold this week that deals with all the have one view. The American people process hostage to get a leftwing agen- coronavirus relief issues that he men- are for a $2 trillion bill, a recent poll da of items included in the legislation, tioned earlier, all of which are bipar- showed—60, 70 percent. They have a many of which—many of which have no tisan issues—every single one of them much narrower view, based on a hard- relationship whatsoever to the on that list. But that isn’t what this is right philosophy. coronavirus. Bring this bill to the floor, and let’s So the leader’s point—and, by the about. This is about politics. So, Mr. President, I object. debate it. It passed the House. It is the way, with respect to the judge, yes, The PRESIDING OFFICER. Objec- only thing that has a chance of getting Judge Barrett is, I think, everything tion is heard. done, and if you want to make amend- that the American people want to see The Democratic leader. ments to cut back on the money and in a Supreme Court Justice. And for Mr. SCHUMER. Mr. President, just a help we need, we welcome that debate, him to get up here and say that she few quick points. but don’t just block something that doesn’t have views that are supported No. 1, no one is—we are not talking has a real chance of becoming law as by the American people, I don’t under- about, and the American people are not opposed to the farcical exercise they stand exactly that argument because about qualifications. We are talking engaged in on Tuesday on a totally my understanding of what a judge is about views on issues. partisan bill that got not a single supposed to do is to take the facts of Do the American people want their Democratic vote. Let’s have a debate. the case, apply the law, apply the Con- healthcare taken away from them? I yield the floor. stitution in an impartial way, and Amy Coney Barrett has said that she The PRESIDING OFFICER. The Re- apply those as written—not to try and disagrees with the decision to keep it. publican whip. get some perceived outcome or result Do the American people—do Amer- Mr. THUNE. Mr. President, if I could or policy preference. That is not what ican women want the right to choose just make one quick observation here, judges do.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.181 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6423 What you heard him say is exactly Imagine trying to organize her sched- went right along. It was a very low mo- why we have a difference of opinion ule around seven kids, continue to be a ment. It is one we haven’t forgotten about the judiciary in this country be- professional, and do exceptional work. and I don’t believe the American peo- cause they view the judiciary as an She is highly qualified, a ‘‘towering ple have forgotten, because we have re- auxiliary legislature where you go to intellect,’’ she has been described by written the rules. Now when it comes get outcomes and results that you her colleagues. to a Republican President, Senator can’t get through the two political So that is what this is about. It is MCCONNELL says, why, of course he can branches of our Government. about trying to block a well-qualified fill the vacancy. He can even fill it Well, that is not what the judiciary Justice to the Supreme Court simply while votes are being cast in his reelec- is. The judiciary is supposed to be inde- because they don’t like the process. tion campaign. It is an enormous de- pendent. It is supposed to be a fair ar- And I understand that, but this is a parture from 4 years ago, and Senator biter—it calls balls and strikes and constitutional process. This is a va- MCCONNELL comes to the floor regu- doesn’t try and step on the scales or cancy. larly to try to explain it away, and it write the rules of the game. That is The Constitution doesn’t follow the just doesn’t work. He will keep trying. what a judge is supposed to be. political calendar when it comes to fill- He has no alternative. So they don’t like this Justice or this ing vacancies, and, as you heard Leader But if most Americans tuned in to judge, I should say—hopefully, soon to MCCONNELL point out earlier today, this session this morning and after- be Justice—because they think she is precedent on this issue, on confirming noon, I am not sure they would dwell going to rule a certain way on par- a nominee by a President to a vacancy on the rules of the Senate or the rules ticular cases, and they have no idea created in an election year, the prece- of the Senate Judiciary Committee. about that. dent falls all one way, if you go back They would probably be asking them- I mean, think about it. The same ar- throughout history. selves and members of their family a gument has been made against Repub- So just so people know, every time very basic question: What is wrong lican nominees to the Supreme Court, they get up and offer a unanimous con- with the Senate? Doesn’t the U.S. Sen- literally, for the last 30 or 40 years. sent request to call up a piece of legis- ate know what is going on across Every single time a Republican Presi- lation, it has nothing to do with the America? dent nominates an individual to the legislation, because they have already This morning’s New York Times Supreme Court, the Democrats and the moved to adjourn multiple times this front page: ‘‘New Peak for US Cases: left get up and say: They are going to week, meaning they want to get out of Over 82,000 in a Single Day. 13 States cut healthcare. They are going to de- town. They don’t want anything to do Endure Their Worst Week Yet—Warn- stroy healthcare. They were saying with this Supreme Court. So they are ings of a Cold-Weather Surge.’’ that about Justices on the Supreme going to get up and say Republicans The article—of course referring to Court that vote with their wing more are blocking this or that. As I pointed COVID–19—says: than anybody else. They said that out, the first one that was offered was The United States is in the midst of one of about Chief Justice Roberts. He was a bill to deal with the coronavirus and the most severe surges of the coronavirus to going to kill healthcare. He was going provide relief to people across this date, with more new cases reported across to destroy healthcare for millions of country, which, by the way, we just the country on Friday than on any other sin- Americans. voted on 2 days ago—3 days ago here in gle day since the pandemic began.’’ He cast the deciding vote to uphold the U.S. Senate. They blocked even We sit here arguing about the rules the Affordable Care Act, otherwise getting on the bill—not considering the of the committee and the rules of the known as ObamaCare. substance of it, which, by the way, as I Senate and who came first and who So they don’t know what a judge is said, includes a lot of bipartisan objec- shot whom. The American people going to do. But I know what she is tives and priorities; they blocked even would like us to focus on something going to do because she has proven it considering. that has real relevance to their lives. as a judge on the appellate circuit, the So that is what this is about, and I Listen to some of the things that Seventh Circuit, as an academic, in her expect that is what we are going to were reported this morning in this writings, that she believes the role of a hear today, tomorrow, and the next newspaper about what is going on judge is to take the facts of a case, day, but it is not going to deter us from across America when it comes to this apply the law, apply the Constitution, the important work we have at hand. coronavirus: as written, impartially, and to render a I yield the floor. On Thursday, the same day that decision. The PRESIDING OFFICER. The President Trump said the coronavirus That, to me, is what I think every Democratic whip. was ‘‘going away’’ and Joseph Biden American believes we ought to have in Mr. DURBIN. Mr. President, I lis- warned of a ‘‘dark winter ahead,’’ the a Supreme Court Justice. So, yes, this tened carefully to the Senator from United States recorded one of its high- may be fair game for them to come Kentucky in his statement on the floor est daily totals of new cases—75,064. By down here and offer up all these mo- this morning. It was a lengthy defense Friday evening, a new peak in the pan- tions that we are going to hear repet- of the procedure that is being followed demic had been reached when more itively today, none of which has any- in terms of the nomination of Amy than 82,000 cases in a single day were thing to do with the issues that they Coney Barrett to the Supreme Court. It reported nationwide, breaking the are going to say they want to talk is not the first time he has made this daily record set on July 16 by more about but everything to do with the historic defense, and clearly he is going than 3,000 cases. Thirteen States have fact that we are considering an incred- to continue. He obviously feels that he had more new infections in the past ibly well-qualified—not by my opinion is on the defense when it comes to ex- week than in any other 7-day stretch. but by everybody who has ever worked plaining. I think he is. I think every- Hotspots are emerging across the coun- with her, including the dean of the one remembers Merrick Garland and try. Officials in Kentucky—Kentucky— Notre Dame Law School who hired her, the pronouncement by Senator MCCON- announced more than 1,470 cases on the ABA—the American Bar Associa- NELL and all of the Republican Sen- Thursday, the biggest 1-day jump in tion—which passes judgment on all ators that Barack Obama did not have that State. More than 1,300 cases re- these nominees, her colleagues on the the authority in the last year in office ported in Colorado—another single day Seventh Circuit, staff, everybody this to fill a vacancy on the Supreme Court. record. In the State of Washington, person has ever interacted with, stellar We sent the name ‘‘Merrick Garland’’ Governor Jay Inslee tweeted that the recommendations. This is an incredibly to the Hill. Senator MCCONNELL let the State had passed the 100,000-case mark, qualified individual and somebody, by word go out that he would not even adding that ‘‘we all need to commit to the way, who I think can be relatable meet with the man in his office. He having fewer, shorter, safer inter- to the American people because she would not show him the respect of actions, especially as the weather deals with the same issues that all meeting with him. Two or three Repub- keeps us inside more often. Americans do, trying to raise seven lican Senators broke with that com- Mr. President, that is what is hap- kids. Imagine that. mand from Senator MCCONNELL. Most pening in America. It is not what is

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.183 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6424 CONGRESSIONAL RECORD — SENATE October 24, 2020 happening on the floor of the Senate. and you voted no. People, at the bot- this pandemic. Having lost 220,000 We are embroiled in a political con- tom line, say: Grow up and do some- American lives, my concern and the troversy over a Supreme Court nomi- thing to help America. concern of everyone is to keep our fam- nee instead of focusing on the deadly We know what it takes to reach an ilies safe. The first question we ask one situation that is going on across our agreement, as we found on March 26 another is, You do have health insur- Nation. when we passed the CARES Act. It ance, don’t you? It is the obvious ques- I have spoken to Governor Pritzker, passed in the Senate by a vote of 96 to tion. the Governor of Illinois, regularly nothing—a bipartisan, strong vote, not I remember a time in my own life, about his battle to try to find equip- a single dissenting vote—$3.3 trillion to newly married, law student, my wife ment and treatment for the people in address this pandemic and our econ- and I blessed with a little girl who our State. It is a lonely, unpopular bat- omy. We rose to the occasion. I went came pretty quickly, and she was pret- tle that he fights. This Governor in Il- home, and people were amazed. You ty sick, and we had no health insur- linois and Governors across the Nation mean you actually did something in ance—no health insurance. She was have to stand up—if they are respon- the Senate? Yes, we did. treated by local hospitals here in sible—have to stand up and say to the How did we reach that point? It Washington, where I was going to law people, the residents of their States, wasn’t through the regular order; it school, and they called me in one day some things they don’t want to hear. was through honest, serious negotia- and said: Well, since you don’t have I don’t like wearing these masks— tion that took place between the White any health insurance, you have three most people don’t—but it is a simple, House and the leaders in Congress. But options: You can declare bankruptcy effective way to dramatically decrease since then—since then—we have not with all these medical bills. the spread of this virus. I don’t like the seen that. There has been one group I said: That doesn’t sound right to notion of social distancing, and I cer- who has stayed away from all of the me. I haven’t even taken the bank- tainly don’t like the idea of being away negotiations around the table. The ruptcy course in law school. What else? from my grandkids and the rest of my White House is there. Secretary Well, you could file—we think you family, but if it means keeping them Mnuchin is there. Speaker PELOSI is qualify for welfare, Medicaid. alive, I will do it, as painful as it may there. CHUCK SCHUMER, the Democratic That doesn’t sound right either. I am be. These are the simple, basic things leader of the Senate, is there. The Re- training to be a lawyer. I am supposed that we are now debating from one end publicans have refused to sit down and to end up with a good paying job at of America to the other. negotiate at the table. some point in my life. Going on welfare This coronavirus situation has That is how it gets done around here. in law school? What is the other op- reached such a terrible state that yes- People sit down and work out their dif- tion? terday, when the director of public ferences and put a bill on the floor and Well, the only other option is, we will health for the State of Illinois gave her pass it 96 to nothing. But Senator total up all your bills, and you can pay daily briefing—Dr. Ezike is her name. MCCONNELL has steadfastly refused to them back to us over a period of years. She is a wonderful African-American attend these negotiating sessions. It took us 10 years—10 years to pay doctor who has just been steadfast KEVIN MCCARTHY, the House Repub- those bills because I had no health in- through this whole battle against the lican leader, joins him. So they boycott surance. Did I remember that moment? pandemic. In the middle of her presen- the sessions and come to the floor with I remembered it for the rest of my life, tation about what was facing our a take-it-or-leave-it, partisan amend- to be a father and a husband without State, she broke down crying. I would ment in order to cover some political health insurance and a sick baby, have too. She turned her back for a concerns back home. What a shame. thinking, my goodness, is this going to moment and tried to compose herself. What a waste. keep the good doctors away? Will she She could barely finish her press con- When Senator MCCONNELL announced get the treatment she needs to survive? ference. She begged the people of my just a few days ago to the White House, That is what we are up against now, State of Illinois: Please, if for no other stop negotiating; there will be no bill because the Affordable Care Act, which reason, for the sake of the healthcare before the election; there will be no I voted for 10 years ago on this floor, professionals who risk their lives to COVID relief before the election, peo- extended health insurance to 23 million treat these people, please help us put ple back in Illinois said to me: What is Americans—600,000 in the State of Illi- an end to this virus. he thinking? Doesn’t he understand the nois—and it changed health insurance Last Saturday, a week ago today, one reality of what is going on in States for everybody because now the health of my dear friends for years and years like Illinois, Wisconsin, Michigan, and insurance companies have lost some of was feeling sick. She called her daugh- across the Nation, the infection rate, their tricks of the trade. They can no ter and said: I think I need to go to the the death rate, hospitals being pushed longer put a lifetime limit on how hospital. Her daughter took her to the to the limit? No. Clearly that is not a much they pay out. They can no longer major hospital not far from their home priority for Senator MCCONNELL and discriminate against a person because for admission because of lung prob- Senate Republicans. The priority is not they happen to be a woman. They can lems. The hospital would not accept the millions who are at risk. The pri- no longer discriminate based on pre- her. All the rooms were full. She then ority is not the hundreds who are existing conditions. They have to pro- went to the second largest hospital in dying. The priority is one Supreme vide family health insurance, the op- the area, asking if she could be admit- Court nominee. So we are bound to tion to keep kids on the policy until ted and treated. They would not accept spend 5 straight days on that issue and they reach the age of 26. That affects her. All the rooms were full. She fi- not a minute of that time dealing with all policies. nally made it into the third hospital. COVID–19. How do you explain that to So what has been the approach of the She survived until Tuesday morning, the American people? I don’t believe Republicans, particularly this Presi- when she passed away. you can. dent? He wants to eliminate that. What In the United States of America, that I could go through the lengthy his- I have just described, he wants to someone who had health insurance, tory—I will put it in the record—of this eliminate. Don’t take my word for it; it was prepared to pay, could not even be Barrett nomination, but I will just has been filed in a case across the admitted to major hospitals because of state that when it comes right down to street, Texas v. California. A group of this coronavirus pandemic—and we are it, we cannot explain how we are going Republican attorneys general came for- sitting here on the floor arguing about to leave here Monday night voting on ward and said: We want to eliminate who was appointed by which President one nominee but empty-handed when it the Affordable Care Act. And the Presi- 100 years ago? Do you wonder why peo- comes to COVID–19. There is no ex- dent said: I am going to join you. Let’s ple look at the Senate and say: You are cuse—no excuse for that. That is where get rid of it. irrelevant. You are not even addressing we find ourselves. They tried to, on the Senate floor, in the issues we care about. I want to tell a story on why the 2017. It is one of those moments etched And the procedural play here means nomination of Amy Coney Barrett di- in my memory, sitting down there at nothing. Oh, I offered an amendment, rectly links up with my concern about that desk. I looked at that door over

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.184 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6425 there, and it opened at 1:30 a.m., and that she gets coverage even with that We sent our letter after the Supreme John McCain, Republican Senator from medical history. It also allows her 23- Court rejected President Trump’s ef- Arizona, walked through that door, year-old son to stay on the family plan. fort to end deportation protections for stood in the well. He could barely lift Here is what she says to me: Dreamers. In the opinion by Chief Jus- that right arm, which had been shat- Most of the time I feel driven. Making wine tice Roberts, here is what he said about tered when he was a prisoner of war. He and running a winery is more than just a job. the actions of the Trump administra- lifted it just enough to say ‘‘no.’’ That It’s my purpose. I am more scared than I pre- tion on DACA. Here is what he said: ar- tend to be, and that is how I make it bitrary and capricious. That was the ‘‘no’’ saved the Affordable Care Act through. I pretend that everything is OK. from being eliminated by the Senate. But this year, it is harder to pretend that ev- description. So where do they turn if they can’t erything is going to be OK. I am worried I joined with Senator Dick Lugar, a get it done in Congress? Off to the about the future. I am worried about money. Republican, years ago, asking for the courts. And why is that important in I am worried that I won’t be able to afford to President to create DACA. President terms of this nomination of Amy fight cancer. I am worried about taxes, Obama responded by creating it by Ex- Coney Barrett? Because they are bound health insurance changes, and being at the ecutive order. Sadly, President Trump and determined to fill that vacancy on mercy of insurance companies. eliminated it, and, literally, hundreds the Court before November 10. Why No- For Americans like Susan, with a of thousands of young people have vember 10? Because that is the day the family, a business, and preexisting con- their fate in doubt because of it. Court takes up the oral arguments on ditions, there is so much at stake with The same thing is true when it comes the future of the Affordable Care Act. this case pending before the Supreme to temporary protected status for peo- And if she is not in her black robe lis- Court and the judges and Justices who ple in the United States. tening to that argument, by tradition will vote on it. This administration has been a Susan, bless you—she just can’t af- she can’t vote on whether to eliminate scourge when it comes to the issue of ford for this Court to strike down the it or not. immigration, particularly inspired by She sent plenty of signals in the past Affordable Care Act. Where will she Stephen Miller, a person I could never, about what she feels about the Afford- turn? ever understand. They have decided to Oh, but you must conclude it. Dur- able Care Act. To my friend from be as mean as possible and cruel when bin, you are not telling us the whole South Dakota who says, ‘‘You don’t it comes to people who are in this story. Tell us about the Republican al- know how she is going to rule,’’ there country having left horrible cir- ternative to the Affordable Care Act. is some truth to that. She could change cumstances at home. Tell us about their substitute, the one Now is the time for us to take up this her mind. But I will tell you, if you that is going to save everybody so measure and to start the debate. It were a betting person, you would say much money and provide all the same isn’t as if we have so much else to do. the statements that she made criti- coverage—tell us about that. Well, I What we should be doing is to make cizing Chief Justice Roberts for saving sure would like to, but I can’t because sure that we do this. the Affordable Care Act and other it has never been written down on So, in order to proceed in consider- statements that she has made about paper, ever. There is no Republican al- ation of H.R. 6, the American Dream the law itself suggest that she will not ternative. They are bound and deter- and Promise Act, I ask unanimous con- be a friend when she has the oppor- mined to kill ObamaCare with no sub- sent the Senate proceed to legislative tunity to vote. stitute. That is why John McCain session. Do we take that seriously on behalf voted no. He said: We owe it to the The PRESIDING OFFICER (Mr. of 600,000 people in Illinois? You bet we American people to give them an alter- JOHNSON). Is there objection? do. It directly relates to this pandemic native. Sadly, sadly, unfortunately, The Senator from Indiana. and the opportunity for people across there is still no alternative. Mr. BRAUN. Mr. President, reserving this country to have the coverage they Senator SCHUMER, earlier today, the right to object, I have only been need. noted that there are a lot of other here a little under 2 years, and in the I am going to tell a quick story about things we should be taking up at this time that I have been here, it has been one of them. I have a photo of her here moment in time. I am going to men- disappointing that when it comes to that I want to share with people. It is tion a few here this morning. These are real attempts to make legislative a situation that she faces. I am sorry measures which passed the House of progress, so often I see that we are far that I don’t have that in front of me, Representatives sometimes months apart in terms of how we want to go but I am going to tell the story any- ago, sometimes over a year ago, and about it. way, as I remember it. sent to the desk of Senator MCCON- I came here from a State like Indi- Her last name is Danenberger. She is NELL. They were never taken up. They ana, where serving in our State legisla- from New Berlin, IL. She is an amazing have been sitting there while we have ture and running a business for 37 young woman. She is battling breast done little or nothing on the floor of years, we seemed to get things done. cancer. the Senate except entertain his judi- Even though we were divided, of Here it is. Thank you. cial nominations. course, like most legislative bodies are, When we cut corners when it comes The first one is personal to me—not we came together and did things that to the Affordable Care Act, Susan that it affects me personally or legally, made a difference for our constituents. Danenberger is one of the victims. She but it is related to a bill that I intro- In the time before the impeachment is a fifth-generation farmer and wine duced a long time ago. On June 4, 2019, saga came along, COVID, and civil un- maker. She has a great little vineyard the House of Representatives passed rest, I thought many of us were putting and a great little restaurant, and I H.R. 6, the American Dream and Prom- our shoulders to the grindstone—and I have been out there with my family. ise Act, with a strong bipartisan vote, am on committees like Health, Edu- She is also a two-time cancer fighter giving a path to citizenship to Dream- cation, Labor, and Pensions—wanting with stage IV metastatic breast cancer. ers. I introduced the first DREAM Act to weigh in on talking about some of She has been through the gauntlet of 19 years ago. I have been reintroducing things the Democrats have brought up medical procedures, treatments, and on this ever since. about healthcare. And, to me, again, I complications of recent years—a dou- These are young immigrants brought think it brings in front of us dif- ble mastectomy, radiation, IV, chemo, to the United States as toddlers, in- ferences in approach, certainly. pulmonary embolisms, lung infections, fants, and children. The Dream and I am a believer that rather than try- and more. Her oral chemo medications Promise Act has now been sitting on ing to get government even more in- alone have cost her thousands of dol- Senator MCCONNELL’s desk for more volved in certain things, that we might lars every single month, even with in- than a year—more than a year. On look at what actually works in the real surance. June 22, I sent a letter signed by all the world and works in many States, in- As a business owner, Susan offers in- Democratic Senators calling on Sen- cluding healthcare, which I agree is surance to her employees. She was re- ator MCCONNELL to finally bring it up probably the No. 1 issue we face in the lieved to learn, when opening her new for a vote, and, 4 months later, Senator country. It was the No. 1 issue when I health policy, that the ACA guarantees MCCONNELL has not even responded. was running a business.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.186 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6426 CONGRESSIONAL RECORD — SENATE October 24, 2020 I think there is so much com- ally brought bills to the floor. We al- tising requirements to online adver- monality, in the sense that we have a lowed amendments. Before that, of tisements, and it would close critical broken healthcare system. We some- course, the committee had done its loopholes in the law to further limit times, as conservatives, are slow to work. We allowed amendments on the political spending by foreign nationals maneuver and may not be interested in floor up or down, and we ended up de- and foreign governments to try to in- doing things that need to be done, but liberating and voting on measures. If fluence the outcome of a U.S. election. I think there is a time and a place for they passed here, we then had a con- Finally, the bill would prohibit de- that. I was pleased to see, I think, that ference, and, miraculously, at some ceptive practices about voting proce- 70 or 80 Senators weighed in on trying point, they became law. That has not dures to stop individuals from pro- to fix healthcare. But what interrupted happened here for a long, long time, viding false information about voting that progress was several months of an and I don’t think you have seen it. rules and qualifications for voting. impeachment saga that proved to go Maybe the Defense authorization bill is In light of these ongoing threats to nowhere, and then we have been con- as close as it gets, though we don’t both Presidential candidates, President fronted with the biggest health crisis, have active amendments there. Trump as well as Vice President certainly, in a century—other issues. In this circumstance, on this bill Biden—this is a bipartisan attack. But, in this case, I think, to me, try- which I brought before the Senate Ju- They are not just going after Demo- ing to cut to the chase, this is clearly diciary Committee 18 years ago—18 crats or Republicans; they are going a sequence of maneuvers that is trying years ago—it has passed the House of after all of us. Isn’t it about time we to interject in a process of getting one Representatives and is sitting on Sen- said that we are fed up with it, and it of the most qualified judges across the ator MCCONNELL’s desk for a year. It has to stop? That is all this bill does. It finish line to become a Supreme Court has been referred to the Senate Judici- is bipartisan. Justice. ary Committee, and I cochair the Im- In order to proceed to the consider- I think the American people are migration Subcommittee with your ation of this bill in time for it to affect watching, too. They see what goes on colleague, who is standing to your the outcome of this election, perhaps, here. They see that, year after year, we right, from Texas. We have met once in H.R. 4617, the SHIELD Act, I ask that seem not to deliver results. When it the last 2 years—once—and have never we proceed to consideration of it to comes to stuff that should be simple— taken this up. So for the sake of the prevent foreign interference in elec- when it is clear, based upon the creden- people affected by it, asking that it tions. I ask unanimous consent that tials, especially, of someone like Amy come to the floor is not an unreason- the Senate proceed to legislative ses- Coney Barrett, who comes from my able request. Their lives are tied up in sion. State, who has done such an out- it. The PRESIDING OFFICER. Is there standing job as an appellate judge, has So I would love to see regular order. objection? impeccable credentials, and to where We haven’t seen it in so long. Most peo- The Senator from Indiana. now this is being litigated not on the ple wouldn’t recognize it. But I under- Mr. BRAUN. Mr. President, reserving stand your objection. merits of who she is and how she will the right object, as I said earlier, the I have a series, but I am only going handle herself as a Supreme Court Jus- Senate is currently considering the to make one more unanimous consent tice—it has gotten so partisan. I think nomination of a highly qualified nomi- request because I see Members waiting nee to be an Associate of the Supreme that really does turn people off. to speak. This one is very relevant and I think this is more a sequence that Court. This request is another proce- very timely. maybe we are both guilty of, to where dural move just to belabor the process. UNANIMOUS CONSENT REQUEST—H.R. 4617 we do not roll up our sleeves and get to They voted to adjourn until after the Mr. President, we know that foreign the heart of the matter. I was happy to election four times this week, so, obvi- election interference continues to be a be the first Republican to come across ously, this bill, even though it may real threat in America. Just this week and acknowledge that climate is an have merits that we need to discuss, we learned of a foreign influence cam- issue. I formed the Climate Caucus and should not be done in this format. paign carried out by Iran in which got six other Republicans to do it. I Continuing to consider this highly fake, menacing emails were sent to think we have to be engaged in the key qualified nominee to the Supreme Democratic voters who were told to issues of the day. Again, as I said ear- Court is the utmost, most important vote for Trump or ‘‘we will come after thing that we should do here. There- lier, we sometimes are slow to come to you.’’ The origin, we are told by intel- the discussion, but in the time that I fore, I object to proceeding to legisla- ligence agencies, is Iran. tive session. am going to spend here, I would hope FBI Director Wray has said that Rus- The PRESIDING OFFICER. Objec- that we do legislation in the time that sia has been ‘‘very active in its efforts is there to do it and not try to interject tion is heard. to influence the election’’ and seeks to The Senator from Illinois. it into a process like this. ‘‘denigrate Democratic nominee Joe I am so happy that we have this in a Biden’’—two countries up to their el- UNANIMOUS CONSENT REQUEST—H.R. 4995, H.R. 4996, AND H.R. 1585 situation where we are going to get her bows in trying to make a mess of our Mr. DURBIN. Mr. President, H.R. 4995 voted in on Monday, and, in the mean- election campaign. time, I think that any of the attempts It is well past time to address this is one that passed the House from Rep- that are made by the other side to be- threat. We spend a time of lot talking resentative ENGEL to help address ma- labor the point just shows the Amer- about it. We could do it today by pass- ternal health gaps and disparities in ican public what is wrong with this in- ing the House-passed SHIELD Act. rural communities. The bill would pro- stitution. This is a bill passed in the House of vide grants at HHS to networks of So, that being said, I do think that Representatives that would establish a healthcare providers and academic she is a qualified nominee to the Su- duty to report election interference partners to expand obstetric capacity preme Court. It is of the utmost impor- from foreign entities so the FBI and and improve trainings in underserved tance that we do not belabor the proc- the Federal Election Commission are rural areas. ess, and I object to proceeding to legis- aware when foreign powers are offering The trainings would help to address lative session. unlawful—unlawful—election assist- implicit bias, which—more so than eco- The PRESIDING OFFICER. Objec- ance to campaigns and other political nomic status, health status, or edu- tion is heard. committees. cation level—can contribute to health The Senator from Illinois. This bill would restrict the exchange negative outcomes for moms and their Mr. DURBIN. Mr. President, I will of campaign information with foreign babies. say to the Senator from Indiana, I rec- entities by making it illegal to offer Due to lack of specialists and geo- ognize that he is new to this body, and nonpublic campaign material to for- graphic gaps, maternal health out- what he has seen in the Senate is not eign governments and those linked comes in rural Illinois are worse than the Senate that I was elected to. with foreign governments. in urban areas. So when it comes to re- There was a time—the Senator may The bill would improve transparency sponding to and tackling the urgent find it hard to believe—when we actu- by applying existing campaign adver- health challenges of the moment,

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.187 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6427 alongside addressing the COVID–19 NOMINATION OF AMY CONEY BARRETT Barrett would overturn every single pandemic, these bills can help close the Mr. CORNYN. Mr. President, on one of those precedents. There is cer- disparities and gaps that exist in Thursday, the Senate Judiciary Com- tainly no evidence of that. Nothing in health care in America. mittee advanced the nomination of the record would suggest it. With her H.R. 4996, sponsored by Congress- Judge Amy Coney Barrett unani- fidelity to the law, do you think she woman ROBIN KELLY from Illinois, mously. It was unanimous because our would be so reckless? Well, of course passed the House in September. It Democratic colleagues sought to boy- not. There is just no evidence to sup- closely mirrors a provision in legisla- cott the meeting. But what they basi- port it. tion I have introduced in the Senate, cally did was expedite consideration of But we know that because they the MOMMA Act. This critical legisla- her nomination. couldn’t attack her on the merits, they tion addresses our Nation’s uncon- It was really kind of puzzling to see decided to use fearmongering instead. scionable disparities in maternal and the chairs that were set aside for our Through innuendo, misinformation, infant mortality by ensuring mothers Democratic colleagues filled with and intellectually dishonest argu- can maintain access to care and pre- large, blown-up pictures, and I will sort ments, they have been trying to stoke vent pregnancy-related complications. of get to that in a moment, the false fears about how she may rule on a case The U.S. is 1 of only 13 countries in narrative that we have seen here be- she has not even heard yet. This is sort the world where the maternal mor- cause our colleagues cannot success- of a sky-is-falling argument, a Chicken tality rate is worse now than it was 25 fully attack the character or the quali- Little argument. years ago. Nationwide more than 700 fications of this incredible nominee to It really has more to do with the way women die every year as a result of this seat on the Supreme Court. our Democratic colleagues view the ju- their pregnancy, and more than 70,000 Judge Barrett discussed everything dicial branch. They view it as another others suffer severe, near-fatal com- from the separation of powers to the political branch, as opposed to an apo- plications. Across the country, women free expression clause of the First litical branch that is supposed to inter- of color are four times more likely to Amendment. Many of us marveled at pret the law and the facts and decide die from pregnancy-related complica- her knowledge and her ability to recall cases on their own merits. tions than white women. The COVID–19 facts and legal decisions without so Instead of addressing her judicial phi- pandemic has magnified these racial much as even a note in front of her. losophy, our Democratic colleagues ea- and ethnic health disparities that al- It is no surprise that the American gerly shared their plan, should she be ready existed. These gaps in our health Bar Association, which the minority confirmed, to pack the Supreme Court system are unacceptable. leader has called the gold standard, with additional Justices to give them Medicaid covers half of the births in gave her their highest rating. the political results they cannot Illinois. This policy would help thou- The chair of the Standing Committee achieve with the current composition sands of mothers in Illinois and nation- on the Judiciary said: ‘‘[I]n interviews of the Court. wide by enabling Medicaid to provide with individuals in the legal profession This is something that Ruth Bader coverage for low-income mothers for and community who know Judge Bar- Ginsburg explicitly condemned, saying up to 1 year, compared to the current rett, whether for a few years or dec- that this would turn the Supreme limit of 60 days. It is time we turn the ades, not one person uttered a negative Court into just another political body. page on this unacceptable inequity in word about her character.’’ You can imagine if Democrats, when our healthcare system and address a That assessment is in line with the they are in power, decide to add addi- real need across America. glowing letters of support we have seen tional judges who may decide cases in H.R. 1585, the Violence Against from her former colleagues and stu- the way they would like to see them Women Act was signed into law 26 dents whose political philosophies and decided, the temptation would be great years ago, and it must be reauthorized. beliefs fall across the entire political for the other side of the aisle to add This law has been a lifeline for sur- spectrum. judges to the Supreme Court. It would vivors of domestic violence and sexual What we have repeatedly heard is completely destroy what has been assault in my State of Illinois and about Judge Barrett’s brilliance, her rightly called the crown jewels of our across the country. Over a year ago, strong character, her great tempera- Constitution, and that is our inde- the House voted to reauthorize and ment, and her impressive humility. pendent judiciary. strengthen VAWA. But the Republican- Judge Barrett, I am convinced, will For many Americans, the idea of mu- controlled Senate has refused to bring serve our Nation well in the Supreme tating our only apolitical branch of this bill to the floor for a vote. Court. government is absolutely terrifying. For many Americans, home is not al- It is clear that the mountains of evi- So, not surprisingly, our colleagues ways a safe place, and the COVID–19 dence stand in sharp contrast to the across the aisle have tried to rebrand pandemic has presented particular portrait our colleagues across the aisle and call this rebalancing the Court. challenges for people facing abusive have attempted to paint of this nomi- Back home, this is what we call put- situations and domestic violence. It is nee. Democrats have tried to claim ting lipstick on a pig. shameful that Leader MCCONNELL has that she is somehow ‘‘too radical,’’ de- Using words like ‘‘rebalance’’ is a refused to call this critical reauthor- spite the fact that in her 3 years on the way to obscure, really, what their goal ization to the Senate floor for a vote. Seventh Circuit Court of Appeals, she is. They want to seize what they view It is long past time for the Senate to has agreed with her colleagues 95 per- as an unaccountable body and use it to renew and strengthen VAWA. In order to proceed to the consider- cent of the time in the 600 cases they secure wins they can’t win in the rough ation H.R. 4995, the Maternal Health have decided. and tumble of the legislative process. If Back in 2017, when she was nomi- Quality Improvement Act of 2020; H.R. you can’t win an election, if you can’t nated to the Seventh Circuit, she was 4996, the Helping MOMS Act of 2020; win a vote in Congress, well, get the attacked explicitly because of her and H.R. 1585, the Violence Against Supreme Court, get the judiciary to Catholic faith, even though our col- Women Reauthorization Act, I ask bail you out. That is not the appro- leagues know that under the Constitu- unanimous consent that the Senate priate role of judges or the judiciary tion, no religious test is permissible, proceed to legislative session. under our Constitution. The PRESIDING OFFICER. Is there really suggesting that because of her Our Democratic colleagues seem ab- objection? faith, she couldn’t follow her oath to solutely fearful about judges who will The Senator from Indiana. decide cases on the facts and the law actually apply the law as written. They Mr. BRAUN. Mr. President, I object that come before her—truly insulting want somebody to impose a result that to proceeding to everything en bloc. and completely out of character with they wish were required. The PRESIDING OFFICER. Objec- the person we saw in Judge Barrett in They want judges to evaluate cases tion is heard. front of the Judiciary Committee. not by the letter of the law but Mr. DURBIN. I yield the floor. Our colleagues even went so far as to through the same lens of personal and The PRESIDING OFFICER. The Sen- hold up a chart with more than 100 political biases. In short, they don’t ator from Texas. cases listed and claimed that Judge really want a fair and impartial judge

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.189 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6428 CONGRESSIONAL RECORD — SENATE October 24, 2020 like Judge Barrett. They want a guar- fill up their gas tanks, or hop on an Now that we have reached, really, anteed result. airplane without ever thinking about what you could call energy self-suffi- Our Democratic colleagues repeat- the men and women who made that ciency, our Democratic colleagues are edly pushed Judge Barrett to say how seemingly simple task possible. eager to impose policies that would she would rule on future cases. They Now we are seeing our Democratic send us right back to the 1970s and that asked her to share her personal views colleagues fighting to leave these en- Orwellian energy crisis and wreak eco- on controversial issues. They de- ergy sources in the dust. They are talk- nomic havoc in the process. manded a commitment from her to ing about switching to renewables, as if Really, I think Vice President Biden recuse herself from specific cases. But, it were as simple as turning on a light has succeeded in alienating all sides on once again, Judge Barrett proved why switch. this topic because he has been flipping she is the right person for this job. She In Texas, we literally believe in an and flopping back and forth about followed the precedent set by former ‘‘all of the above’’ energy policy. We fracking bans, whether it would apply and current Justices and respectfully produce more electricity from wind en- across the board or just to Federal refrained from answering those sorts of ergy, from wind turbines, than any lands. But KAMALA HARRIS, his running provocative questions. other State in the Nation. But we know mate, has been abundantly clear and Contrary to what our Democratic what the reality of the kind of transi- completely consistent. She said last colleagues believe, Supreme Court Jus- tion that Vice President Biden has year: ‘‘There’s no question I am in tices are not life-tenured superlegisla- talked about would mean. We got a favor of banning fracking.’’ tors. They are obligated to apply the taste of how disastrous it would be ear- But whether Democrats are talking law as written—no favors, no biases, no lier this year. about a transition, a fracking ban, or predetermined outcomes. That is what When the coronavirus pandemic hit, the Green New Deal, these proposals Judge Ginsburg said when she was con- the need for Texas’s greatest natural will kill the goose that laid the golden firmed, and that is why it is so impor- resource plummeted. With fewer cars egg—our oil and gas industry—and tant to confirm Amy Coney Barrett. on the road and fewer planes in the send the economy into a tailspin. They She has artfully demonstrated her sky, oil and gas producers were left would bankrupt my State, with the understanding of the role of the judici- with a lot of supply and not much de- best economy in the country. ary and shown she has the tempera- mand, and that is when the layoffs A study by the U.S. Chamber of Com- ment, the intellect, and the experience began. merce estimates that a fracking ban to serve on the Nation’s highest Court. A new report by Deloitte found that, would cost our State nearly 3.2 million She won’t impose her personal be- between March and August of this jobs by 2025. The annual cost of living liefs. She said that time and again. And year, about 107,000 energy workers were would go up more than $7,000. Unem- to suggest that she would somehow laid off, and that doesn’t include the ployment would skyrocket, tax rev- violate her judicial oath in a future countless workers who had their pay enue would plummet, and the case is inconsistent with everything we cut or who were temporarily fur- prepandemic economy that made us have come to know about Amy Coney loughed. the envy of the world might never re- Barrett. To make matters worse, the study cover. She won’t impose her personal be- The only thing this so-called transi- found that as many as 70 percent of liefs. She won’t try to favor one side or tion would lead to is a dire economic those jobs might not even come back the other, and she won’t legislate from picture for Texas—and I believe the by the end of 2021, and that is if we con- the bench. That is exactly the kind of rest of the country as well—and tinue business as usual. nominee that Republicans and Demo- unaffordable or unreliable energy re- If the Vice President’s plan to de- crats should want on the High Court. sources. So I look forward to supporting stroy our energy industry were en- I want to be clear; I support efforts Judge Barrett’s nomination on Mon- acted, these workers would have no to drive down emissions. That is why day, when we finally vote to confirm jobs to come back to, and it would be this shale gas revolution has been so her. only the beginning of the cascading good for the environment, by reducing negative economic consequences. PRESIDENTIAL DEBATE emissions dramatically. Mr. President, briefly, on another Many Americans aren’t old enough to The U.S. energy-related emissions matter, in Thursday’s Presidential de- remember the 1970s energy crisis, dropped by almost 3 percent last year, bate, former Vice President Joe Biden which put our energy dependence in largely due to the increased use of nat- said he wants to transition the United this country in the spotlight. The situ- ural gas for power generation. States from the oil industry. Actually, ation was so bad that gas stations were I also support renewable energy. As I Governor Abbott appropriately said: serving customers by appointment said, Texas is the No. 1 producer of No, Joe Biden wants to transition hun- only. Some States banned neon signs electricity from wind. But even the dreds of thousands of Texans from to cut down on energy use. A number of strongest supporters of renewable their paychecks. towns asked their citizens not to even sources of energy can tell you right What Joe Biden is sending is a not put up Christmas lights. now renewables are not capable of pro- too subtly coded message that he It was a cold, hard dose of reality viding the energy that our Nation wants to end our energy industry as we that brought America’s energy depend- needs. As we all know, the Sun does know it. This is an industry that, ac- ence to light and underscored the need not always shine, and the wind does cording to one study, directly or indi- to increase our domestic resources and not always blow. So wind turbines and rectly supports one out of every six wean ourselves off of the dependency solar panels can’t fill the need, particu- jobs in my State and is a pillar of our on foreign oil. And that is exactly what larly with about 270-plus million cars State’s economy. we did. We placed a ban on the export on the road and an airline industry— Through tax revenue, high-paying of crude oil at that time to grow our not to mention our national defense— jobs, and downstream economic gains, reserves here at home. that depends on fossil fuels to run their communities across Texas reap sub- With the shale revolution and tech- engines. stantial benefits from our thriving oil nological advancements in the energy Last year, renewables accounted for and gas industry every day, and those sector, in recent years, though, produc- only 17.5 percent of our total elec- benefits reach beyond our borders or tion has skyrocketed. Then it became tricity generation. For comparison, the borders of any other energy-pro- abundantly clear it was time to lift the natural gas alone accounts for more ducing State. export ban, which we did. than double that. While the develop- That is because of the hard-working Almost 5 years ago, I voted here in ment and expansion of renewable men and women on rigs, in fields, and the Senate to lift that 40-year-old ex- sources is important and something in refineries. Because of their work, port ban, and until COVID–19 hit, we that I support, we simply can’t cut our the American people have access to re- were seeing major gains. Last Novem- nose off to spite our face by denying liable and affordable energy. ber, for the first time on record, the ourselves access to, really, what is a In places like California and New United States exported more crude oil gift, which is our natural resources and York, folks can’t turn on their lights, and fuel than we imported. fossil fuels.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.190 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6429 Right now, we have hope that, once tiveness of the prescriptions they ap- House chief of staff objected to provi- daily commutes and nonessential trav- prove when we purchase 3.8 billion pre- sions that would push approval past el resume, more Texas energy workers scriptions a year. Let me say that Election Day.’’ That was the New York will be back on the job and our econ- again. We take the word of the FDA ca- Times. omy will rebound. But if our country reer scientists every day when we pur- And FOX News said: ‘‘Trump admin- were to implement the policies advo- chase 3.8 billion prescriptions each istration to block FDA guidelines that cated by leading Democrats, particu- year. could delay coronavirus vaccine.’’ That larly their Presidential and Vice Presi- I asked Dr. Stephen Hahn, the FDA is FOX News. ‘‘The FDA proposed dential nominee, that hope would alto- Commissioner, on September 23, about stricter guidance last month that could gether disappear. the safety of a potential COVID–19 vac- prolong the timeline for a vaccine,’’ This is not the time, if ever there was cine. He was testifying on COVID–19 in FOX News said. a time, to implement heavy-handed, front of the Health Committee, which I There were many stories to this ef- short-sighted government policies like chair and of which the Senator from fect. I could barely leave my office that. Our energy industry is still reel- Indiana is a valued member. I asked without some reporter asking me if I ing from the impact of the coronavirus, him: was concerned about this, about the and our Democratic colleagues’ disas- Dr. Hahn, who makes decisions about safe- politicization of the vaccine review trous policies would not make that bet- ty and efficacy at the FDA? Do you do it? Do process. ter; it would make it worse. career scientists do it? Or does the White So I telephoned White House Chief of I yield the floor. House do it? Staff Mark Meadows, and I asked him The PRESIDING OFFICER. The Sen- Dr. Hahn replied: about it. I said to him: ‘‘Please do not ator from Tennessee. Career scientists at the FDA do it. That’s interfere with the standards set by the Mr. ALEXANDER. Mr. President, I very clear. I’m briefed on all major medical career scientists at FDA for the ap- am glad I was here to hear the wise product decisions. Overruling a center’s deci- proval of a COVID–19 vaccine.’’ The words of the Senator from Texas. I sion is a very rare event. I have expressed on White House did exactly what I urged look at our region, in the Tennessee multiple occasions my intention, and have the White House to do. The White Valley, compared to California. Cali- done so during this COVID–19 pandemic, to House respected the decisions of the ca- fornia is moving ahead with a policy a make sure that those decisions are made by career scientists in the centers. reer scientists. They did not change lot like Vice President Biden’s. They one word of the standards set by the I followed up by asking Dr. Hahn’s have got a high goal for powering that career scientists for the approval of confidence in taking a COVID–19 vac- whole State on wind and solar and clos- COVID–19 vaccines. ing their nuclear plants. cine himself. I said: So I would suggest that the Gov- What is happening in California? You referred to this, but once FDA ap- ernors of New York and California do Rates are going through the roof, and proves a vaccine, and as we’ve said today, the same. They should show the same we’re going to have tens of millions of doses they are having rolling blackouts. ready, none can be distributed until FDA ap- respect to the FDA career scientists What is happening in Tennessee and proves it. Will you be willing to take that that the White House did. Undermining the Tennessee Valley? The TVA has vaccine for you and for your family? the FDA’s gold standard of safety and very wisely expanded nuclear power so He replied: efficacy by setting up State review that it is more than 40 percent of our Absolutely. Yes. Mr. Chairman, I have panels could delay approval, discourage electricity. complete and absolute faith in the expertise Americans from taking the vaccine, Of course, nuclear power is totally of the scientists who are terrific at FDA. If and cost lives. emission-free—no carbon, zero carbon— they were to make a determination that a There is a reason why we Americans it is reliable, and it is, by far, most of vaccine would be safe and effective, I would rely on the Federal Government’s Food the carbon-free electricity we produce do that. And I would encourage my family to and Drug Administration for the safety in this country. The combination of take the vaccine. and efficacy of vaccines. In 1902, Con- that nuclear power, hydropower, and Those are the words of the man gress decided, when it passed the Bio- natural gas in Tennessee has given us whose job it is to finally approve any logics Control Act, that the Federal one of the cleanest areas. In the East COVID–19 vaccine. Government should regulate vaccines Tennessee area where I live, I can see But then, at the beginning of this after tragic incidents of children dying the mountains clearly now because pol- month, as FDA was preparing to issue from contaminated diphtheria anti- lution control is on all the coal plants. additional guidance on the data needed toxin and smallpox vaccines. So we need a realistic energy policy, from vaccine developers to dem- This law charged the Federal labora- not a fanciful one. We don’t want roll- onstrate safety and efficacy for an tory that would later become the Na- ing blackouts throughout the country emergency use authorization, there tional Institutes of Health in 1930 with like California has because they have were serious questions about whether ensuring the ‘‘safety, purity, and po- adopted exactly the policy that Vice the White House was politicizing the tency’’ of biologic products such as President Biden is advocating. FDA’s approval of vaccines for COVID– vaccines. VACCINE SAFETY 19. Then, in 1972, the regulation of vac- Mr. President, I come to the floor to The FDA had submitted its guidance. cines moved to the Food and Drug Ad- speak on another subject. I want to That guidance was written by career ministration, to what is now called the talk about science and vaccines. scientists. Those scientists had decades Center for Biologics Evaluation and The Governors of New York and Cali- of experience, and what they wrote Research. fornia have announced they are cre- were the standards that were going to FDA, therefore, has had almost 50 ating their own State review panels to be used for the approval of vaccines years of experience to refine the proc- review COVID–19 vaccine data as it be- against COVID–19. ess for reviewing safety and efficacy comes available. New York Gov. An- Then news reports of White House in- for vaccines, including what data to drew Cuomo said: ‘‘Frankly, I’m not terference came out which suggested look at and how to design clinical going to trust the Federal Govern- the White House was going to change trials to prove that the vaccines work ment’s opinion.’’ the FDA guidance or that the White and that the vaccines are safe. In California, Gov. Gavin Newsom House was not going to allow the FDA Earlier this week, the FDA convened has Stated the vaccine won’t be dis- to release its own guidance. Many were independent scientific and medical ex- tributed in California until it is re- concerned about that, including me. perts to discuss this. They talked viewed by a State panel of experts. The The New York Times, on October 5, about the development, authorization, Governor of California said on October had a big headline: ‘‘White House and approval of vaccines for COVID–19. 20: ‘‘Of course, we won’t take anyone’s Blocks New Coronavirus Vaccine This is not a new process for assessing word for it.’’ Guidelines.’’ And it went on to say, vaccines. The FDA routinely convenes Every day, Americans take the word ‘‘The F.D.A. proposed stricter guide- these type of independent panels to of Food and Drug Administration’s ca- lines for emergency approval of a help inform its review. Dr. Peter reer scientists on the safety and effec- coronavirus vaccine, but the White Marks, head of the Center for Biologics

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.192 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6430 CONGRESSIONAL RECORD — SENATE October 24, 2020 Evaluation and Research, at FDA, has been at FDA since 1996. The Vac- more perfect Union, it would shore up wrote this about the vaccine advisory cine Division of the Center for Bio- our elections from threats from abroad. committee’s role on FDA’s website: logics Evaluation and Research is led That is something we have just re- The committee will hear presentations by Dr. Marion Gruber, who has over 20 cently read more and more about. Why from experts in COVID–19 disease and vac- years of experience in regulatory re- aren’t we doing more on that? cine development, as well as from career view and approval of vaccines and bio- In fact, when Senator VAN HOLLEN, a FDA scientists. Topics will include studies logics. The Deputy Director of the Vac- few days ago, put on the floor a UC of needed to support authorization or approval, cine Division, Dr. Philip Krause, has 10 an act that would say Russia should post-marketing safety studies needed fol- years of experience at FDA working on have sanctions imposed on it if they lowing an approval, and what would be nec- essary for ongoing safety monitoring fol- vaccines. FDA will also have the advice interfere with our elections, the other lowing issuance of an emergency use author- of independent advisory committees. side blocked it. I hope they are not fol- ization for COVID–19 vaccine. California and New York—no State lowing Donald Trump’s obeisance to Dr. Marks continued: will be able to assemble a scientific Russia and his view that Putin is just panel of experts with the same high OK. There will also be a part of the meeting It would also dismantle systematic during which members of the public will level of knowledge and experience re- have an opportunity to speak and provide viewing safety and efficacy informa- hurdles that discourage voter partici- input, and this will be followed by a thor- tion as exists at the Food and Drug Ad- pation. One of the worst things the Su- ough discussion of the issues by the com- ministration. Democratic Governors in preme Court has done—and there are mittee members. The members of this com- those two States should not both be quite a few under this conservative ma- mittee are external scientific and public telling President Trump that he ought jority—is the Shelby decision, where health experts from around the country, spe- to follow the advice of scientists like Justice Roberts, leading the charge, cializing in fields such as immunology, virol- Dr. Fauci, which he should do, but at said: We can dismantle the toughest ogy, infectious diseases, pediatrics, vaccine protections under the Voting Rights development, and vaccine safety. the same time undermine the review and the work of similar career sci- Act. He said: States aren’t going to dis- This meeting, and any other FDA ad- entists at the Food and Drug Adminis- criminate anymore. visory committee meeting, can be tration. And within a year, 20 States passed viewed by the public. At the Senate Vaccines save lives. We have heard laws making it harder to vote. That is Health Committee hearing on Sep- testimony in our Health Committee despicable. That is an awful case. tember 23, where FDA Commissioner demonstrating that. Undermining pub- It would help beat back decades of Stephen Hahn testified, I reviewed the lic confidence in vaccine risks not only loose finance rules that empowered three steps that have to happen before our ability to combat COVID–19 but ac- special interests at the expense of the FDA will approve a vaccine: No. 1, ceptance of other vaccines as well. American people. We all know about independent experts overseeing clinical If California and New York can over- the dark money that is cascading into trials determine whether there is ride the FDA on vaccines, what would our system. In fact, SHELDON WHITE- enough data available for the FDA to prevent Republican Governors from HOUSE yesterday asked to make that review. banning RU–486, the abortion drug, in public, to disclose those kinds of con- No. 2, after demonstrating safety and their States? If that were to happen, I tributions when it came to the Su- efficacy based on clinical trials, the am sure my Democratic colleagues preme Court, where rightwing money vaccine manufacturer submits an ap- would cry politics and suggest that if pours in to make sure that rightwing plication to the FDA. FDA has reviewed and approved a drug nominees get on the Court and move to And No. 3, FDA experts conduct their and said it is safe and effective, then, pull the American agenda so much fur- review and make the final determina- States should not be able to say that it ther to the right than the American tion whether or not it is safe and that is unsafe. people ever would. it works. FDA is the right agency to review Well, in general, there is too much In other words, no one knows when and approve vaccines and drugs and dark money, too much special interest the vaccine will be ready to distribute. medical devices. I would urge the Gov- money. This would undo it. As election No one knows that, even Dr. Hahn. And ernors of California and New York not interference remains an urgent threat, why does he not know it? Because to set up their State review panels but as efforts to disenfranchise voters—es- there is this elaborate, independent, instead focus their time and resources pecially voters of color, young voters, public process established by career on planning to distribute the vaccine and low-income voters—persist, and as scientists, with not a word changed by and improving testing and contract powerful special interests continue to the White House, that will review the tracing, using the resources that Con- exercise outside influence in our elec- data and then make a decision. Be- gress has given to States, rather than tions, the need for this legislation cause of the work of Congress and the second-guessing the efforts of sci- couldn’t be more clear. administration, tens of millions of entists at the Food and Drug Adminis- Unfortunately, the Republican leader doses are being manufactured. So when tration. has other priorities. Rather than that approval comes—whether it is No- I yield the floor. strengthen our democracy, rather than vember, December, or January—there I suggest the absence of a quorum. protecting our right to vote, rather will be tens of millions of doses of vac- The PRESIDING OFFICER. The than fighting big money or tackling cine ready to distribute to the Amer- clerk will call the roll. corruption, rather than addressing any ican people. But that approval won’t The bill clerk called the roll. of the myriad of problems in our de- come until the career scientists’ rules Mr. SCHUMER. Mr. President, I ask mocracy that this country faces, Lead- are followed. unanimous consent that the order for er MCCONNELL is undoing democracy by The FDA is considered the gold the quorum call be rescinded. rushing through a lifetime appoint- standard in the world, in part because The PRESIDING OFFICER. Without ment to the Supreme Court mere days it is one of the few regulatory agencies objection, it is so ordered. before an election. in the world that looks at detailed clin- UNANIMOUS CONSENT REQUEST—H.R. 1 You couldn’t find a more different set ical trial data as part of its review, Mr. SCHUMER. Mr. President, well, of priorities from that of everyday rather than summaries of clinical trial for more than year and a half, Leader Americans if you tried. I urge Leader data. MCCONNELL and Senate Republicans MCCONNELL to stop this unprecedented The FDA Division making the deci- have refused to take action on the and nakedly partisan process and in- sion to approve or authorize a vaccine House-passed For the People Act at a stead put this important legislation on for COVID–19 is led by experts with time when our democracy is under the Senate floor for a vote now. Let’s decades of experience, including Dr. siege in so many ways. The For the discuss it. Let’s debate it. Let’s not Peter Marks, whom I mentioned, the People Act is a bold proposal that will just reject it at a time when we need to head of the Center for Biologics Eval- restore people’s trust in our demo- do so much of this. uation and Research. He has been at cratic system, a trust that is fading. It In order to proceed to the consider- the center since 2012. Dr. Celia Witten is for the people. In order to make a ation of H.R. 1, For the People Act, I

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.194 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6431 ask unanimous consent that the Sen- We should not be rushing into some- gency Department Act of 2020; and H.R. ate proceed to legislative session. thing like this that is that comprehen- 4585, the Campaign to Prevent Suicide The PRESIDING OFFICER. Is there sive. We should be paying attention to Act, I ask unanimous consent that the objection? the process of getting a bona fide judge Senate proceed to legislative session. The Senator from Indiana. across the finish line, which I think The PRESIDING OFFICER. Is there Mr. BRAUN. Mr. President, reserving most of us intend to do. objection? the right to object, I want to go Therefore, I object to this bill and to The Senator from Wisconsin. through just a few—and it is really moving to legislative session. Mr. JOHNSON. Reserving the right more than a few; it is a lot—of what is The PRESIDING OFFICER (Mr. ROM- to object, when the COVID crisis first embedded in this bill. I would call it NEY). Objection is heard. hit, this body, all of Congress, recog- the ‘‘Democratic Politician Protection The Democratic leader. nized how serious the situation was, Act.’’ Let’s listen to a few of these UNANIMOUS CONSENT REQUEST—H.R. 5619, H.R. and we acted. We acted in a very bipar- things. 5572, H.R. 4861, AND H.R. 4585 tisan fashion. We acted in a massive The Constitution vests primary re- Mr. SCHUMER. Mr. President, I have fashion, as a matter of fact. sponsibility in the States to set time, another request. We understood that the American place, and manner of elections. States As Americans face job loss, health people, through no fault of their own— and localities have determined how to crises, isolation, and enormous daily businesses were shutting down, people conduct elections for a long, long time. stress during the pandemic, the risk of were unemployed—and we needed to H.R. 1, through a top-down, Federal ap- suicide has tragically gone up. The provide a massive level of relief, and proach, completely reverses this long- CDC found that since the pandemic we did that in a bipartisan, almost standing tradition. Rather than began, twice as many Americans report unanimous fashion. All the needs have not been met. Re- strengthening the election process, it serious consideration of suicide. The publicans completely understand that, paves the way for rampant, I think, rate of suicide risk is especially high which is why we spent the August re- fraud, abuse, and litigation that dimin- among young Americans, minorities, cess in daily calls, talking amongst ishes the value of a legitimate vote, by essential workers, and caregivers. ourselves, trying to focus and target doing these rushed reforms. Unfortunately, this is hitting our Let’s look at the 2018 midterm elec- where the relief is best directed. Armed Forces, as well. The Army’s tions. Polling showed that 92 percent of What we understood when we passed Chief of Staff, General McConville, voters found their experience very easy the more than $3 trillion of COVID re- stated that he sees a correlation be- or somewhat easy. Why fix it if it isn’t lief in the early parts of this pandemic tween COVID and a rise in military broken? It imposes a DC-style election was that our efforts were going to be suicides. My office recently received a process on the States, requiring all far from perfect, but they needed relief note, a tragically sad note, from a vet- State agencies and Federal agencies, and, again, we supported it. including colleges and universities, to erans group in Rochester, NY, about a One of the things we were trying to automatically register voters, includ- veteran in their region, 50 years of age, focus on, when we are already $27 tril- ing those who are 16 and 17 years old. It unemployed, and struggling during the lion in debt, was recognizing the fact preempts State registration deadlines pandemic. When he stopped receiving that we don’t have an unlimited credit and requires same-day registration the $600 unemployment assistance, he card; that we had to really take the without verification safeguards. It ex- was unable to make his mortgage pay- time and hone the next relief package. pands the number of agencies that ments and, unfortunately and sadly, We did that over the August recess, must contribute voter records, even to very recently committed suicide. and we came together with a very tar- those who have no experience or exper- I have no doubt that there are more geted, very appropriate, and still a tise in voter enrollment, forcing States American veterans out there who are very expensive package, over $600 bil- to accept a sworn statement as proof of going through the same struggle. Each lion when you add up the plus-up for identity, instead of photo identifica- one is a separate and heartbreaking unemployment benefits, $300 per week, tion, and to record the vote as a reg- tragedy. These men and women who a level that is sufficient but not so ular ballot. It expands absentee ballot risked their lives for us are taking high that it actually provides incentive availability and requires States to pro- their own lives. It is incumbent upon for people to stay on the sidelines and vide prepaid postage for all mail-in bal- us to do something about it. not enter the workforce. lots. Congress can implement suicide pre- In my State of Wisconsin, one of the It does so many things that are dif- vention initiatives. We may be able to biggest problems employers have is ferent from what we currently have in make a difference. The House has they simply don’t have the ability to a system that in most places is work- passed a number of bills to get suicide track people off the sidelines when you ing fine. It does not include provisions prevention funding and new resources have a $600 plus-up. We provided addi- that require or encourage States to re- out to communities. tional funding for PPP, particularly for move inaccurate voter information. It I am going to ask that we go into leg- small businesses that have been dev- reduces the integrity of voter rolls by islative session to consider four of astated. Owners have seen their life restricting the State ability to main- those House-passed bills. This pan- savings wiped out. That additional over tain voter rolls and records that ensure demic has taken so many lives, and we $200 plus-up in relief for small busi- voter identity accuracy. sometimes forget that it is not just nesses would be targeted, would be ap- There are no penalties for anyone those who contracted COVID, but those propriate, and it is necessary. who is falsely registered. It prohibits who are pushed to unimaginable stress There is over $100 billion for schools, States from being able to continue rou- and devastation because of what tens of billions of dollars for additional tine maintenance on their own voter COVID has done to our economy, our testing and vaccines, billions of dollars lists. It also creates numerous private friends, and our way of life. The Senate for childcare and agriculture. In total, rights of action that pave the way for should be passing these bills and help- on top of $3 trillion, which is 14 percent trial lawyers to sue when the results of ing out those who may be hiding in the of our GDP—by the way, a fair amount an election are not to their liking. shadows but crying out for help. of that is still unspent and unobli- It makes the Federal Election Com- There are four bills. I think I will ask gated. We took a little bit of that mission a partisan body. It politicizes for consideration on the four of them which was unspent and unobligated and the FEC by changing the neutral, even- en bloc; is that permitted? repurposed it for this new targeted ly divided, six-member body into a The PRESIDING OFFICER. It is by package. five-member panel. It makes a new par- consent. Fifty-two Republican Senators voted tisan FEC. It changes the latitude to Mr. SCHUMER. In order to proceed for that bill twice. Rather than take determine and interpret the subjective to the consideration of H.R. 5619, Sui- yes for an answer, rather than saying: enforcement test established by this cide Prevention Act; H.R. 5572, Family Thank you, we will support this level bill. It, in essence, takes what is work- Support Services for Addiction Act of of relief for the American people, our ing and complicates it with a top-down 2020; H.R. 4861, Effective Suicide colleagues on the other side of the aisle Federal system. Screening and Assessment in the Emer- just said no.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.195 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6432 CONGRESSIONAL RECORD — SENATE October 24, 2020 An analogy I have been using would with suicide. Of course, the answer is tion that she was asked by members of be, Mr. President, if I said: Mr. Presi- no again. It is sad and unfortunate. the Judiciary Committee. dent, give me $200. The Presiding Offi- Fortunately, the American people will Judge Barrett has an impressive cer would look at me in shock, but be- be able to have a real say, not on the command and, of course, the respect cause he is a generous individual, he Supreme Court Justice they are rush- for the law and the Constitution. Clear- would say: Maybe not $200, but I will ing through but on who will be the next ly, from her testimony, she respects give you $100. But just because the Pre- administration and who will do more. precedent, and she practices judicial siding Officer didn’t give me the full We will see what their answer is. restraint. In her words: ‘‘A judge who $200, I would go stomping off, and I Mr. BROWN. Will the Democratic approaches a case as an opportunity for don’t even take the $100. That is, in ef- leader yield? an exercise of will has . . . betrayed fect, what the Senators on the other Mr. SCHUMER. I would be happy to her judicial duty.’’ side of the aisle are doing. yield. She went on to explain to the com- We are offering and we supported $600 Mr. BROWN. I hear Senator JOHNSON mittee her legal method, how she con- billion on top of $3 trillion in relief— talk about employers can’t find work- siders statutes and the Constitution necessary relief, needed relief for un- ers. There are 600,000 in my State who and how she interprets and applies the employment benefits, for small busi- lost their unemployment insurance statutes and the Constitution. Her ju- nesses, for vaccines, for testing, for just like that at the end of July. Six dicial method is rigorous and exacting education, for childcare. It is there for hundred thousand people lost $600 a but fair. She testified that she would the taking. All they have to do is say week. listen to both sides in every case. She yes. Yet they say no because they I go back to March, when we passed said: ‘‘We want judges to approach would rather have an issue rather than this bill that was so important it cases thoughtfully and with an open result. passed unanimously. There was one mind.’’ Are they serious about helping the amendment Republicans wanted for When pressed on how she might rule American public or do they just want this $2.5 trillion bill. It was to strip out in a particular case, Judge Barrett to play politics? I think the answer is unemployment insurance so that those promptly applied what we all know as quite obvious. workers didn’t get the $600 a week. the Ginsburg rule, and she did it just I object. What are they to live on? Six hundred like every other recent nominee to the The PRESIDING OFFICER. Objec- thousand people in my State can’t find Supreme Court for the last 30 years tion is heard. work, 100,000 in Wisconsin, even more when Ginsburg first told the Judiciary The Democratic leader. in New York, tens of thousands in Iowa Committee that there would be no Mr. SCHUMER. The emaciated bill and Utah. What are they to do? hints, no previews, or forecasts, and filled with poison pills that the Sen- We know there is going to be a wave Judge Barrett demonstrated her inde- ator from Wisconsin talks about was of evictions and foreclosures as people pendence by often repeating the Jus- never intended to pass. In fact, the Re- are thrown out of their apartments and tice Ginsburg rule. publican majority leader waited 5 their homes. I specifically asked Judge Barrett if months before doing anything while This Congress continues to—the Sen- she had made any promises or guaran- people were suffering. The bill does not ate just won’t do its job. Do your job. tees to anyone about how she might contain close to what is needed. If Senator MCCONNELL would do his rule on a case. She responded this way Basically, his analogy is incorrect. job, we could do our job and get this to my question: The analogy would be saying: You have economy back on track. The answer is no. . . . No one ever talked a series of serious illnesses; let’s treat Thank you. about any case with me. . . . I can’t make one because we don’t want to pay for Mr. SCHUMER. I would add one final any pre-commitments to this body either. It the others—even though we were will- thing. The bill that the Senator from would be inconsistent with judicial inde- ing to increase the deficit by close to $2 Wisconsin talks about was totally par- pendence. trillion by giving a tax break to the tisan, which they know can’t pass. To quote further: wealthy. Then, when Leader MCCONNELL put it I’m not willing to make a deal—not with So this cry about deficit, when it on the floor, he filled the tree so it the committee, not with the president, not comes to helping middle-class people, couldn’t even be amended. with anyone. I am independent. hurting people, unemployed people, I yield the floor. That quote or similar words were people who can’t feed their kids, no, it The PRESIDING OFFICER. The Sen- spoken by Judge Barrett to almost is the deficit. When it comes to giving ator from Iowa. every suspicious Judiciary member a big tax break to wealthy corpora- NOMINATION OF AMY CONEY BARRETT about whom she might have made some tions and wealthy people, that is fine. Mr. GRASSLEY. Mr. President, the deal ahead of time to get on the Su- As much as I respect my colleague Senate will soon vote on the confirma- preme Court. from Wisconsin, I don’t really take his tion of Judge Barrett to become Asso- Contrary to critics’ claims about her words very seriously. Our Republican ciate Justice of the U.S. Supreme being biased, Judge Barrett is even- friends put this emaciated bill on the Court. I will be voting in favor of her handed and has ruled for both plaintiffs floor at the last minute because they nomination, and I urge my colleagues and defendants in all kinds of cases. got such pressure for doing nothing. to do just the same. She believes in justice for all, in ac- They know it can’t pass the House. As was made clear to millions of cordance with the law and the Con- They know it is totally inadequate. Americans who watched her hearing, stitution, just like we would expect ev- This is the greatest economic crisis Judge Barrett has the temperament, erybody to say who is a lifetime ap- since the Great Depression, the great- the modesty, and the humility that we pointee to the Judiciary, but we don’t est healthcare crisis for 100 years since should all expect in a judge. She ap- see all of them following that practice. the Spanish pandemic flu, and our col- proaches cases without bias or personal She went on to tell the committee: ‘‘I leagues do next to nothing in terms of agenda. She made that very clear to al- am fully committed to equal justice the crisis. This is loaded with poison most every question asked to her by under the law for all persons.’’ pills so they know it can’t pass. They every member of the Judiciary Com- When asked if she will follow the law know it can’t pass the House, and they mittee. wherever it leads, she said: ‘‘Yes.’’ waited 5 months. Most importantly, Judge Barrett un- Then she said: ‘‘I have an agenda to The American people know it. When derstands the proper role of members stick to the rule of law and decide they are asked: Who wants to solve of the Judiciary and our constitutional cases as they come.’’ Yet that wasn’t this problem, they know that it is the system of separated powers. That is, a good enough for our Democratic col- Democrats in the Senate and House judge should interpret—not make—the leagues and their leftist allies. who want to and the Republicans have law. Making law is, under the Constitu- However, throughout the hearings, resisted. There is no question about it. tion, the responsibility of the Congress, the Democrats and many in the media The bills I just asked for are small not the Supreme Court. She also made deliberately misrepresented Judge bills, not very expensive, that deal that very clear in almost every ques- Barrett’s views on the Affordable Care

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.196 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6433 Act. They claimed her critique of Chief Monday. Maybe our Democratic col- issue after issue. I mean, that is the Justice Roberts’ reasoning in the 2012 leagues will finally show up for work, way this place works. That is the cor- ACA case will dictate how she will vote do their job, and give Judge Barrett an ruption of this place. The President of in some upcoming cases. They obvi- up-or-down vote on the merits because the United States has said: I want her ously didn’t listen to her when she had I think the public knows now, if it were confirmed now because I want her no preconceived notions about any case listening in to the Judiciary Com- there to decide the election that I am and had made no promises to anybody. mittee as it was voting her out, that going to be involved in, and I want her The Democrats even pushed the story the Democrats boycotted the commit- there now so she can overturn the Af- line that Judge Barrett signaled to tee’s deliberation. Let’s not forget fordable Care Act. President Trump that she would sup- that, just 4 years ago, the same Senate Of course, Judge Barrett said to the port invalidating the ACA if she were Democrats declared that the Court committee: Well, I have made no prom- confirmed to the Supreme Court. That needed nine to function properly. ises. I have made no commitments. I is nonsense. Judge Barrett made it Judge Barrett is that ninth. Only 4 have not cut deals with anybody. Of clear that she didn’t have an agenda. years later, they don’t seem to think course, she says that, but the fact is She testified: ‘‘I have no hostility to so. that this is why the President nomi- the ACA.’’ Judge Barrett is a jurist of honor, of nated her. We know that. Legal scholars critique court deci- integrity, and of great principle. The As a result, in my State, I know what sions all the time even when they don’t Judiciary Committee received a num- the Affordable Care Act has done for disagree with the outcome. For in- ber of letters in support of her nomina- the last decade. There are 900,000 peo- stance, Ruth Bader Ginsburg, before tion. They all praised her intellect, her ple who have insurance who didn’t have her nomination, criticized the Court’s judgment, her collegiality, and her insurance before the Affordable Care reasoning in Roe v. Wade, but no one kindness. We all saw that kindness as Act. More than 100,000 people under the claimed that Ginsburg didn’t support she testified over a 3-day period of age of 26 have been able to get health the outcome of Roe v. Wade. time. insurance because they have been able Judge Barrett’s critique of Roberts’ Judge Barrett won’t be a politician to stay on their parents’ healthcare reasoning was shared by many legal on the Bench. She will make decisions plans. There are a million seniors in commentators across the political as they should be decided—in an impar- Ohio who have gotten free preventive spectrum, including by ones on the tial manner and in accordance with the care—screenings for osteoporosis, other side of the aisle. Even President law and the Constitution. I am pleased physicals. More than 100,000 Ohio sen- Obama rejected the notion that the Af- to vote in favor of Judge Barrett’s con- iors have saved an average of $1,100 on fordable Care Act was a tax instead of firmation to be an Associate Justice of their prescription drugs because of the a penalty. The question of its being a the Supreme Court, and I urge my col- Affordable Care Act. Maybe, most im- tax or a penalty and the constitu- leagues to support her as well. portantly, 5 million Ohioans have pre- tionality or the unconstitutionality of The PRESIDING OFFICER. The Sen- existing conditions. This was before the ACA was what they were critiquing ator from Ohio. the coronavirus. Now that number is based on Roberts’ decision to uphold Mr. BROWN. Mr. President, that higher. There are 5 million Ohioans the constitutionality of the ACA, for it sounded really good. who have had their preexisting condi- could be constitutional under the tax- Senator GRASSLEY knows, of course, tions covered over the last decade. ing powers of the Congress. Even Rob- she was a good witness. Of course, she Why? Because of the Affordable Care erts didn’t pay any attention to that didn’t take positions. Of course, she Act, those people with preexisting con- fact. We even had Democrats saying said she made no promises. Of course, ditions have been protected. Insurance that the penalty for the individual Judge Barrett said she was open- companies can’t raise their rates be- mandate was a penalty and that it minded. Cut through it all. I am not a cause of preexisting conditions, and wasn’t a tax. Moreover, Judge lawyer, and I don’t serve on the Judici- they can’t cancel their insurance be- Barrett’s critique of Justice Roberts’ ary Committee. I don’t think Senator cause of their preexisting conditions. reasoning dealt with an interpretation GRASSLEY is a lawyer, but I am not Those will be gone. The protections for or a provision that is no longer in ef- really sure. Maybe he is. I might be preexisting conditions will be gone if fect because we did away with the indi- mistaken, and I apologize if he is. the Affordable Care Act is gone. Pro- vidual mandate. Yet we all know why she was nomi- tections for people under 26—their The question before the Supreme nated. President Trump said why she staying on their parents’ plans—will be Court this fall, then, will be entirely was nominated. President Trump has gone if the Affordable Care Act is over- separate, and it is pointless to specu- been very explicit in saying that he turned by the Supreme Court. late. Yet the Democrats wasted much wants a judge who will overturn the Now, they couldn’t do it democrat- time on that type of speculation—ques- Affordable Care Act and that he wants ically. They couldn’t do it because the tion after question, Democrat after her there quickly because the Afford- citizens of this country didn’t want it Democrat, on that side—when they able Care Act hearings begin soon after repealed. So President Trump has gone were questioning her. the election. He wants a judge who will to the courts to legislate so they can Senate Democrats want to portray undermine women’s rights to make overturn it. We know all of that. Judge Barrett as a threat to their own decisions about their own That is why the comments of my healthcare. They want to distract from healthcare. He is putting her on be- friend from Iowa are just disingenuous. the fact that they recently filibustered cause he knows she will oppose work- He knows that. Of course, she didn’t sit a COVID relief bill that would have ers’ rights. He is putting her on be- in front of the committee and say: Yes, protected preexisting conditions. This cause he knows she will oppose mar- I made a deal. Of course, she didn’t sit all is just a Democratic election year riage equality. He also wants her on in front of those on the committee and scare tactic, and they are using it al- quickly because he said: I want her say: I have strong feelings about the most totally as a reason to vote there when the election is contested Affordable Care Act and gay rights and against Judge Barrett. after the election. women’s health. She is not going to It happens, though, that the voters So, of course, Senator MCCONNELL al- say that. I am not a lawyer, but I know aren’t buying it, that the public is not ways does the bidding. Senator MCCON- enough to know that she is not going buying it. A recent Politico poll shows NELL comes out of his office. I assume to go to the committee and say that. a majority of Americans wants the he gets many of his marching orders We know what it is about. It is about Senate to confirm Judge Barrett, and a from the President of the United repealing the Affordable Care Act. It is recent Huffington Post poll says: ‘‘Vot- States. He comes down here, and 51 about taking rights away from LGBTQ ers favor the confirmation of the Su- spineless Senators—and then there is citizens in this country. It is about preme Court nominee Amy Coney Bar- the Senator sitting in the Presiding Of- taking rights away from women. rett by a 9-point margin.’’ ficer’s chair, and I appreciate his cour- Maybe it is also about fixing the elec- She will be confirmed. That is what age—do whatever the President tells tion. Deep down, the President and we are going to do on Sunday into MCCONNELL to tell them on issue after Senator MCCONNELL know they are not

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.198 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6434 CONGRESSIONAL RECORD — SENATE October 24, 2020 going to win the election this year, so Imagine, instead, if the President had his own business, was employing other they want that ninth vote in the Court worn a mask and stood up and treated Clevelanders. Now the office building is just in case the President brings a law- us like adults and said to the American empty. The food court is closed. His suit. If it ends up in the Supreme public: You know, this is really seri- sales have dropped from $700 a day to Court, he and the Republicans will ous. This could turn from an epidemic just $200 a day. He is looking at impos- have appointed six of the nine Justices. into a pandemic. We have to fight sible choices unless the government That is the game in town. That is what back. I am wearing a mask. I ask every helps. we know is rigged. American to wear a mask, just like we We know we can. We did it in the So many millions of Americans are ask people to wear seat belts and stop spring when we passed payroll protec- frustrated and angry with the way the at stop signs. I want every American to tion. There were all kinds of implemen- President has failed the country during wear a mask. I want people to socially tation problems. The Secretary of the this pandemic. We know we have 4 per- distance so we can get this—but he Treasury and the President seemed cent of the world’s population but that didn’t do any of that. Of course he more interested in the big guys than 22 percent of the deaths in the world didn’t do any of that. the little guys. Too many businesses are of Americans. It is not because we And he also came up with no national went to the front of the line, but de- don’t have good doctors in Utah or in testing, contact tracing strategy. He spite all that, we hear from businesses Wisconsin or in Ohio; it is because of didn’t invoke the Defense Production that are open today only because of terrible Presidential leadership. Act so that we could make cotton PPP. President Trump and Senator swabs and gloves and masks and gowns I heard from Spangler Candy in MCCONNELL have essentially left the and all the things we needed to do to Bryan, OH, a family-owned union com- country to fend for itself during this stay safe. He had none of that. pany. I have toured their plant and pandemic. The stock market is up, so He has no guidance on how businesses seen the great work this, I believe, Trump and MCCONNELL seem to think are supposed to protect their cus- fourth generation management team everything is fine. The stock market is tomers, no investment of our vast re- has done. up. What the heck? They are oblivious sources to help them do it. They have seen business drop 70 per- to the families staring at stacks of And we see the results. We saw them cent. They had to take their first Fed- bills. They are oblivious to the small in April and May, in June and July, in eral support in their 114-year history, businesses that are watching years August, in September, and now Octo- using PPP to prevent layoffs. They and, in some cases, often decades of ber. In fact, in my State, as in many kept their doors open, and they pro- hard work and investment—or they are States, there are more coronavirus di- vided pandemic premium pay for their family businesses going back many, agnoses every day—almost every day— Teamster employees. many decades—evaporate in a few than there were a month ago, 2 months A music and arts venue in Youngs- short minutes, but the stock market is ago, 6 months ago. town, the Westside Bowl, talked at one up, so Trump and MCCONNELL seem to Local restaurants are closed for good. roundtable about how they how had think everything is fine. The big chains may recover. Commu- zero dollars in revenue in the past 6 It is the same story over and over nities that already didn’t get a lot of months. PPP kept their office staff and again. Corporate lobbyists, their allies investment—Brown and Black neigh- stagehands on payroll, but as it runs in Washington do whatever it takes to borhoods, rural communities, places out, so will their ability to pay em- make sure Wall Street recovers, and you can’t see from Trump Tower— ployees. then they say: Oh, no, we really can’t those places are seeing their home- Ohio Star Forge, a parts manufac- afford to help anyone else. turer in Warren, just north of Youngs- I hear from small, family-owned busi- grown businesses shut their doors and town, represented by the Steelworkers, nesses all the time, how they are strug- lay off workers. gling. They are under incredible stress. Black-owned businesses have closed lost 90 percent of their business when They are worried about whether they at twice the rate of White-owned busi- auto plants shut down. PPP made a dif- can make rent or make payroll. They nesses. We know Latino- and Asian- ference. They are now back to about 70 have waited on the phone for hours and owned businesses are getting dispropor- percent of their capacity. couldn’t get answers about loans. tionately hurt. Polter’s Berry Farm is a family farm These folks aren’t lounging in a C-suite Our office hears from so many of in Fremont. One of their crops is pump- corner office. They don’t have high- these Ohio businesses. We have done a kins. The major pumpkin buyers are priced lawyers and accountants who series of virtual roundtables with Ohio amusement parks and fall festivals. can do all the paperwork. They don’t restaurants. Pumpkin sales were down. PPP was have the lobbyists who line up outside One Ohioan in Zanesville talked helpful, but now they are worried about taking over the family business about whether they can repay it. MITCH MCCONNELL’s office helping them. They are fighting for their his dad first started 67 years ago. Busi- A+ Cleaners in Dayton has seen de- dreams. ness is down significantly. He tries to mand plummet. People don’t need We know why they are struggling. pay his employees a living wage and much dry cleaning when they are We know why some of them still can’t give them time off for vacations and working from home. They were able to open their doors 7 months—7 months— family needs. He is a really good em- stay open with an EIDL loan and a into this crisis because the President ployer. He is afraid of letting his em- CARES Act grant from the county. and this Senate have so botched this ployees down. They are terrified of what happens crisis. Another, a bar owner in Belle- when the money runs out. Again, 4 percent of the world’s popu- fontaine, told us his sales are down and We have a bill to get more help to lation, 22 percent of the world’s deaths, he is worried about his own businesses. these businesses—the Small Business and the President said: I take no re- When he wrote to me, he didn’t just Lifeline Act. It would extend PPP sponsibility. The President said: Not talk about himself. He said that he is through at least next spring. It would my fault. The President said: I get a 10 worried about the ripple effects on the get more funding to the program so out of 10 for how I have managed this. farmers and suppliers, the truck- they can get more money out the door President Trump has no plan, never drivers, and so many others. to these businesses. It would specifi- has, to control the virus. He has not Now he is dreading the winter, when cally target help to the truly small even tried. Imagine if President he won’t even be able to use the patio. businesses that need it the most, in- Trump, back in March, instead of lying He wonders what he is going to do, cluding minority-owned businesses. It to the American people—he knew how what the suppliers are going to do. would extend the debt relief program. serious it was. He told his Wall Street And it is not just restaurants. The It would get help to nonprofits that we friends, and he told that reporter from media reported on a newsstand in know are hurting just like businesses the Post. I can’t remember his name. downtown Cleveland, owned by Mr. are. He told them it was serious, but he Patel, an Indian immigrant who came As important as these steps are, we didn’t tell the American people. He lied to Ohio and has lived the American can’t just give businesses loans and to us. Dream. He built a better life, started think that will take care of it when the

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.199 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6435 virus is still raging and the customers The Senator from Wisconsin. relief packages—the ones I was refer- don’t have jobs. Mr. JOHNSON. Mr. President, reserv- ring to earlier—the target package That is why we need a comprehensive ing the right to object, where do you that does provide financial relief to the bill that actually meets the magnitude begin? That was quite the statement. unemployed, to small businesses, to of this crisis. This visceral, decades- At some point in time, it just be- schools, to parents with childcare and long opposition from my colleagues to comes galling to listen to the tactics— provides funding for agriculture and unemployment insurance—I don’t the scare tactics and false allegations, testing and vaccines—that also in- know how they don’t realize that when particularly from the other side that cluded language to protect coverage for 600,000 Ohioans are getting $600 a week, gave us the Affordable Care Act, an Or- people with preexisting conditions. they are spending that money at local wellian-named bill if there ever were Twice in the last few days or weeks, businesses. They are keeping the econ- one. they have also voted no on Senator omy going from just a total crevasse. One of the promises made to promote TILLIS’s bill that does exactly that— They are helping the economy. They that bill was, in the end, determined to protect the insurance coverage of peo- are helping local businesses. They are be the PolitiFact Lie of the Year—I ple with preexisting conditions. giving those businesses revenue, but think in the year 2013: If you like your Now, if they were really serious when the $600 just stops, not only are healthcare plan, you can keep your about protecting the coverage of people those 600,000 Ohioans’ lives just so, so plan. If you like your doctor, you can with preexisting conditions, they difficult, but it makes the businesses of keep your doctor. would have voted yes. But they voted which they are patrons, the businesses Millions of Americans lost their no. that they patronize—it obviously hurts healthcare plans. They lost their doc- So I could go on and on. I have jotted them at their bottom line. tors. Premiums didn’t decline by $2,500 down all kinds of points that I would I think the stories from these busi- per family; they actually sky- like to refute, but it is really not worth nesses really get to the fundamental rocketed—sometimes two, three, four the time and effort. question of what sort of country we times the price because of the faulty Again, let me emphasize that Repub- want to live in. When we invest in design of healthcare, of the Affordable licans agreed with the American peo- small business, we invest in people and Care Act, ObamaCare. ple. This debate is over. We have of- communities, not stock buybacks, not Probably the greatest false allega- fered proposals to do just this. We want executive bonuses. tion that is just offensive—and, by the to protect the insurance coverage of I know that Senator MCCONNELL and way, to call every Member on this side every American with preexisting condi- his colleagues here always are looking spineless is offensive. We have different tions. We just want to do it in a way out for the stock market, always are views. You know, you try to respect that doesn’t cost them an arm and a looking out for Wall Street, always the different views if you actually want leg like ObamaCare did. So I personally am just getting sick want to hear about stock buybacks and to accomplish something. of the false allegations, and that is executive bonuses. I know that is their But one of the greatest false allega- only one of them. I could drone on and thing. But during a pandemic, I wish it tions—and they go back to the well on about the false allegations made by were less their thing. time and time and time and time again The stakeholders in these businesses the other side against Republicans and about this—is the Republicans don’t are not nameless, faceless share- conservatives, but I will focus on this: want to protect the coverage for people holders. They are the owners’ neigh- This is a false charge. It is canard. It is with preexisting conditions. Nothing bors. They are family members. They a scare tactic. I am begging the Amer- could be further from the truth. are the people we see or used to see at ican people not to listen to it or believe That was an argument made back in our kids’ schools, in the grocery store, it. Republicans want to protect the in- 2010, and the American people decided and at church. surance coverage of people with pre- that we should do that. Republicans A year from now, do we want to be existing conditions. If they were seri- agreed with the American people that left with only the biggest companies ous about it, they would have voted yes we wanted to protect everybody’s cov- that follow the Wall Street business on what we have already proposed; and erage, covering people with preexisting model that treats workers as expend- for that and many other reasons, I ob- conditions. able? ject. Ohioans know all too well what hap- We just want to do it where it doesn’t The PRESIDING OFFICER. Objec- pens when you let Wall Street run cost Americans an arm and a leg. The tion is heard. things and you ignore Main Street. Our faulty architecture of ObamaCare Mr. BROWN. Mr. President, before of- communities have watched for decades caused premiums to double, triple, and fering another unanimous consent, I as factories closed and investment quadruple because they actually made just point out there were 10 years of dried up and storefronts were boarded a very small slice of the American pub- protections for people with preexisting over in towns and cities that once were lic—5 to 7 percent of the people who conditions under ObamaCare and 10 thriving. had to buy coverage on the individual years of speeches from Republicans When people in those towns wake up, market, who don’t have the employer about repeal and replace, with no real they realize the only jobs you can get coverage plans that cover people with proposal to replace the Affordable Care are at a big-box chain for rock-bottom preexisting conditions—they made that Act. The President has promised it wages with no healthcare, no paid sick small percentage of the American pub- about every couple of weeks through 4 leave, no power over your schedule. Is lic bear the full cost and brunt of cov- years, and he still hasn’t put a real bill that what we want for our future? ering people with preexisting condi- forward. We have the resources to fix this. We tions. It was not smart. It was a faulty UNANIMOUS CONSENT REQUEST—H.R. 1230 are the greatest, richest country in the design. Mr. President, in order to proceed to world. Let’s rise to meet the moment. The way you fix it is, yes, you re- the consideration of H.R. 1230, Pro- Let’s pass a comprehensive bill that quire insurance carriers to cover people tecting Older Workers Against Dis- gets help to our businesses, our work- with preexisting conditions, not deny crimination Act, which passed the ers, and their customers. And let’s get them coverage, but you spread that House with bipartisan support, I ask the communities the support they cost over everybody. unanimous consent that the Senate need. Just as I mentioned earlier to the proceed to legislative session. Mr. President, in order to proceed to Democratic leader when I objected to The PRESIDING OFFICER. Is there the consideration of H.R. 986, the Pro- his bill, our friends on the other side of objection? tecting Americans with Preexisting the aisle are far more interested in an Mr. JOHNSON. Mr. President, I ob- Conditions Act, which the House issue rather than getting a result. ject. passed with bipartisan support, I ask How do I know this? Well, particu- The PRESIDING OFFICER. Objec- unanimous consent that the Senate larly on this issue, covering people tion is heard. proceed to legislative business. with preexisting conditions, four times UNANIMOUS CONSENT REQUEST—H.R. 1759 The PRESIDING OFFICER. Is there in just the last few days and weeks, Mr. BROWN. Mr. President, in order objection? they have voted no, first on two COVID to proceed to consideration of H.R.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.201 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6436 CONGRESSIONAL RECORD — SENATE October 24, 2020 1759, BRIDGE for Workers Act, I ask you, if not most of you, maybe all of The pandemic is an act of God. unanimous consent that the Senate you—probably not—think that about Maybe—maybe—and we don’t know. proceed to legislative session. the President’s lack of integrity and We don’t know what complicity China The PRESIDING OFFICER. Is there lack of character and dishonesty and had in—the chance that it was devel- objection? the lies he tells. And I know, I have oped in a lab in this. We just don’t Mr. JOHNSON. Mr. President, I ob- watched, and I sat right here and I know. But we certainly know that ject. looked across the aisle during impeach- China controlled the spread in China The PRESIDING OFFICER. Objec- ment and I saw the look of fear in my while they allowed their citizens to go tion is heard. colleagues’ eyes because they didn’t all over the world and spread the pan- Mr. BROWN. Mr. President, I guess I want to cross the President; they demic. It is an act of God. It is cer- am not surprised about that, consid- didn’t want to get the President to tainly nobody’s fault in the United ering I hear my colleagues talk about tweet about them or even get a pri- States. how outrageous it is that we were mary opponent to them. That is why I As chairman of Homeland Security, spending $600 a week to help unem- use that term, but more importantly to we have had before our committee the ployed workers, and this bipartisan bill the citizens of this country, we spent men and women in charge of these that passed the House would help most of the last month after month agencies who are trying to respond to workers to get retrained and get jobs, after month after month, confirming an incredibly difficult situation. I never criticized President Obama or and they are not willing to do that ei- very conservative, very young judges. I Vice President Biden during H1N1. It ther, but we also know that this is a understand why you want to do that, was a contagious disease, and 60 mil- bill that—we have seen this act before. but we are not doing anything for the lion Americans were infected by it. I UNANIMOUS CONSENT REQUEST—H.R. 3659 public. We had a high moment in March am not sure there is anything you real- Mr. President, in order to proceed to ly can do to prevent infections. when Senator JOHNSON said we unani- the consideration of H.R. 3659, Danny’s Now, I think we have actually been Law, I ask unanimous consent that the mously approved the CARES Act. A pretty successful in flattening the Senate proceed to legislative session. study shows the CARES Act kept 12 curve, people taking responsibility, be- The PRESIDING OFFICER. Is there million Americans out of poverty. But coming germophobes. We shut down objection? then we ask to continue the CARES our economy. Now, I never thought we Mr. JOHNSON. Mr. President, I ob- Act and do something similar like the should shut it down to the extent that ject. Heroes Act, and instead Senator we have because I have always tried to The PRESIDING OFFICER. Objec- MCCONNELL—and I know the lobbyists keep things in perspective, the human tion is heard. that line up in front of his door, I know toll of the economic devastation of UNANIMOUS CONSENT REQUEST—H.R. 4029 they have a lot of influence on him, but those shutdowns. But again, I find it Mr. BROWN. Mr. President, in order we saw Senator MCCONNELL say: no ur- galling when I know people like Pete to proceed to the consideration of H.R. gency, no urgency. Gaynor, General Giroir—the men and 4029, Tribal Access to Homeless Assist- My favorite Abraham Lincoln quote women—Dr. Birx, Dr. Hahn, the men ance Act, I ask that the Senate proceed is Lincoln wanted to—his staff wanted and women in this administration who to legislative session. him to stay in the White House and have been working 24/7 to respond as ef- The PRESIDING OFFICER. Is there win the war and abolish slavery and fectively as they can to an act of God, objection? protect the Union, and they wanted a pandemic. Mr. JOHNSON. Mr. President, I ob- him to stay in the White House. And he Now, I have been on the conference ject. said: No, I have to go out and get my calls. This administration has been as The PRESIDING OFFICER. Objec- public opinion baths. Are none of my transparent as any I have seen. To ac- tion is heard. colleagues hearing the pain of laid-off cuse this administration of hiding the workers who have lost their unemploy- truth—I don’t know where you were UNANIMOUS CONSENT REQUEST—H.R. 5084 ment? during the early months of this, but I Mr. BROWN. Mr. President, in order Haven’t they seen schoolchildren— was watching the hour- and 2-hour-long to proceed to the consideration of H.R. their parents saying: ‘‘I want to send press conferences where the truth was 5084, Improving Corporate Governance my kids back to school, but they are being laid out in all its gory detail. Through Diversity Act, legislation to not safe’’ because we aren’t voting dol- Any American who watched that that require corporations to disclose—just lars to help? wasn’t concerned about COVID, I don’t disclose the racial, ethnic, and gender I talked to my daughter last night. know what they were looking at. There composition of their boards, which Just a few days ago, they announced was no hiding the ball here. President again passed the House with bipartisan that instead of school opening in per- Trump and his administration made it support, I ask unanimous consent that son in Columbus next week, it is going very obvious what was at stake. the Senate proceed to legislative ses- to open in January, if even then, be- I am also aware of the fact that be- sion. cause we are not helping schools open. cause of this act of God, because of this The PRESIDING OFFICER. Is there We are not helping people avoid evic- pandemic, there was an enormous de- objection? tion. We are not helping local govern- mand for products that should have Mr. JOHNSON. Mr. President, I ob- ments keep police and firemen on the been in the national stockpile but ject. streets and people who work in the wasn’t there because the previous ad- The PRESIDING OFFICER. The ob- parks and people who provide help for ministration had run the stockpile jection is heard. abused children and all the things that down, and then we, all of us collec- Mr. BROWN. Mr. President, I will local governments do—we are doing tively, took our eye off the ball and hold the floor for just another few mo- none of that, but we have plenty of didn’t restore it. So the product just ments. time to do judges. That is the frustra- wasn’t there. But I do know, in a very I have watched Senator MCCONNELL— tion and why I made the comments I difficult situation, when demand out- and I am sorry to call some of my col- made. strips supply by two or three times, the leagues spineless, Senator JOHNSON, It just breaks my heart that we all men and women in this administration, but, you know, when the President sit here. This is a group of pretty afflu- again, working tirelessly, allocated made comments about our soldiers who ent and pretty privileged people. Yet that PPE. had died in battle, I didn’t hear hardly we can’t look out for people who are I am not aware that anybody ran out. any Republicans speak up. I admire the hurting like this country hasn’t hurt Now, I know that everybody didn’t get courage of the Presiding Officer. I ad- for decades. everything they wanted because some mire Senator MURKOWSKI and her cour- I yield the floor. tough decisions had to be made. We had age over a number of things. But I see The PRESIDING OFFICER. The Sen- to surge PPE product to those my colleagues—I hear what you all ator from Wisconsin. hotspots, and where the pandemic think. I know what Senator SASSE said Mr. JOHNSON. Mr. President, this wasn’t raging, people didn’t get every- during that townhall. I know many of deserves a response. thing they needed.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.202 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6437 I am not aware of anybody who want- Then, the following year, 2019, he pacity is also a growing concern. And, ed to get placed on a ventilator who brought Dr. Linda Quick home from economically, Alaska has been hit ex- didn’t get one because they used the China. And her job was to make sure, if traordinarily hard. As most know, we war production act. We did extraor- anything was happening in China, that have a pretty substantial tourist sea- dinary things in terms of ramping up we would know about it and could help son, but this year, we had little to no production. Now we are supplying ven- them prevent the disease. Our CDC— season for us. Many small businesses tilators to the world. our Centers for Disease Control, we are have closed permanently, but many, You can overlook all these things, the best in the world. It was the United many more are going into the winter and you can say the administration States of America leading the charge wondering how they are going to make wasn’t honest with the American pub- to eliminate smallpox. It was the it through the winter and scrambling lic, but I think the actual facts refute United States of America that led the to find ways to piece it together. those charges. job to all but eliminate polio in this Unemployment, loss of housing—in Maybe in other people’s world there country. Some of us here are old every conversation that I have with is perfection, and in this pandemic you enough—the Presiding Officer, anyway, Alaskans, they are asking if and when can stop it in its tracks. You can pre- will remember knowing people who had we are going to see another round of vent further infections. But that didn’t minor cases growing up in our schools. COVID relief, and I regret that we have happen with H1N1, even though they So we know what that meant. It was no deal to offer them today. Instead, tried. Sixty-million Americans got it. the President of the United States who we are here on a weekend, 10 days be- Fortunately, it was not as deadly as pulled CDC employees out of China be- fore the elections, to advance a U.S. the coronavirus and COVID–19. cause of a trade or some—depending on Supreme Court nominee. Again, among many things that are when the President loved Xi or disliked Now, I was here on the floor yester- galling, the false allegations—to me, to Xi—I mean, it was back and forth with day. I had an opportunity to listen to politicize a pandemic, to politicize a the Chinese leader, and we just unilat- the majority leader as he outlined the virus that is killing Americans, to erally disarmed. Then the President de- escalation of confirmation battles over denigrate the efforts of the men and nied that the virus meant anything. the past 30-plus years, and I think it women in these agencies who have I know he took care of ventilators, was an important lesson in our Senate worked 24/7 is just simply wrong. This but other kinds of protective equip- history. I am not confused about how is not something that should divide us; ment, just talk to nurses and doctors we wound up here, but I certainly am that we should politicize. It is some- and healthcare workers in our States— frustrated by it. It is with a heavy thing that should unite us as prior cri- in Madison, in Cleveland, in Columbus, heart that I just regret that we are in ses in this country have. So, again, in Milwaukee, in Kenosha and Fair- this place. there are so many more other things I banks and Salt Lake City. I think there was a worthy attempt can say, but I see the Senator from I yield the floor. during the 109th Congress, by the Gang Alaska is here, and I don’t want to The PRESIDING OFFICER. The Sen- of 14, to reduce tensions. There was, I take any more time on the floor. ator from Alaska. think, a very genuine, good-faith effort I yield the floor. Mr. BROWN. One last comment. NOMINATION OF AMY CONEY BARRETT there to try to dial things back. But, The PRESIDING OFFICER. The Sen- Ms. MURKOWSKI. Mr. President, I sadly, their bipartisan action was not ator from Ohio. want to start with a personal thank- rewarded by the voters, and perhaps Mr. BROWN. I just don’t really un- you to the Presiding Officer for indulg- that served as a warning to other Mem- derstand what I just heard, when the ing me for an additional few moments bers of this body rather than an aspira- President went straight to the Amer- here so I may speak this afternoon on tion. ican people and told them it was going the nomination of Judge Amy Coney We heard the history lesson, and I am to disappear. He said it was a Demo- Barrett to be an Associate Justice of one who has long recognized that cratic, liberal hoax to bring down his the U.S. Supreme Court. pointing fingers doesn’t ever actually campaign. And while I intend to share with you solve a problem. I personally believe But look at a little history. I wear on my intention on how I will vote, I that every nominee for the Supreme my lapel a picture of a canary in a would like to start by expressing my Court should receive an up-or-down birdcage. It was given to me at a work- disappointment with where we are in vote after they have passed out of com- ers’ Memorial Day rally, a rally to the Senate as a whole right now. There mittee. My record has been pretty honor workers who had been injured or has been some good discussion here clear, pretty consistent, and some killed on the job. this morning as we are considering might even suggest boring in its con- This canary in the birdcage—you these unanimous consent agreements— sistency, but I made a very strong com- know, the mine workers used to take it statements being made but not action mitment after I returned to the Senate down in the mines 120 years ago. If the moving forward. at the end of 2010 and said: I do not be- canary died, the mine worker got out I had hoped that if we were going to lieve that filibustering our judges was of the mine. He knew that he didn’t be at this moment in time, just over a what we should be doing. have a union that was very strong or a week out from our national elections, So I might not have liked the judges government that cared very much. He that we would be here on the floor de- that were before us, but I did not par- was on his own. So I always cared a lot bating the merits of a COVID relief ticipate in a filibuster of a judge. I had about public health. That is really the bill. In my home State of Alaska, as in an opportunity to vote up or down, and best prevention for the canary in the so many States around the country, we I thought that was the reasonable way mine. are seeing unprecedented numbers now. to proceed. I believe that it is fair to I wrote a letter to President Trump The news, just yesterday, Friday, was the individual and it is fair to the in- in 2018, after he had closed the Office of that the United States reported the stitution. Global Health Security in the White highest single-day recorded positive But I also recognize that the timing House and essentially fired or trans- cases—83,757—really staggering. of this confirmation that we have be- ferred Dr. Ziemer, a Bush appointee In Alaska, we have seen this virus fore us will serve to reinforce the pub- who was one of the world’s great ma- spread to some of our small outlying lic perception about political influence laria doctors. His job—he had 40 people villages, villages that are not acces- on the Court, and I would hope that we on his staff. His job was to surveil the sible by road and villages that have all recognize that public confidence in world and look at potential disease limited medical facilities. We are real- our courts must be an imperative. We outbreaks that might turn into an epi- ly quite concerned about what this have to believe that justice is going to demic which then might evolve into a means for many of the Native people in be equal for all of us. pandemic. That was his job. The Presi- these areas. Now, I know that my colleagues are dent eliminated the office. And I wrote We are not able to stay on top of the not surprised to hear me discuss my a letter to the President asking him to contact tracing like we were some concern about the politicization of the reinstate it, and he didn’t even answer months ago because of our increasing Court. I made a similar point during the letter. numbers. The pressure on hospital ca- the impeachment trial, when some

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.204 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6438 CONGRESSIONAL RECORD — SENATE October 24, 2020 wanted to literally tear down Chief back on the path of appropriate consid- home State that served to undermine Justice Roberts and the Court because eration of judicial nominees is to the principle of equal justice under the they needed a sound bite for a political evaluate Judge Barrett as we would law. ad in the primary campaign. I made want to be judged—on the merits of her I raised the issue of voting rights and the same case when I voted against the qualifications. And we do that when access to the ballot. It was important nomination of now-Justice Kavanaugh. that final question comes before us, for me to hear and to better under- Also, during that impeachment trial, and when it does, I will be a ‘‘yes.’’ stand her views on precedent and her I implored the Members of this Cham- I have no doubt about her intellect. I evaluation process, specifically the ber to look inward and to really evalu- have no doubt about Judge Barrett’s weight that she affords reliance on de- ate: Are we really willing to tear down judicial temperament. I have no doubt cisions that have been in place for dec- not only the other party but the other about her capability to do the job and ades, such as Roe v. Wade. We dis- institutions of our government as well? to do it well. cussed the doctrine of severability in So I have looked inward, considering, By now, most people are very famil- regards to the Affordable Care Act in these difficult days, what I believe is iar with her qualifications. They have case. We spoke at length about my con- best for the institutions of our govern- seen her resume and bio. She has been cern that the Supreme Court is in- ment, and I recognize that confirming all over the news, but her background creasingly viewed as political by the this nominee is not going to heal and it is significant. She graduated with hon- public and what that then does to is not going to salve the wounds that ors from Rhodes College and with hon- erode public confidence in the impar- these institutions have endured, but ors from Notre Dame Law School, tiality of our courts. We talked about neither will threats that, should the clerked on the DC Court of Appeals and the criteria and the evaluation that balance of power in this Chamber the Supreme Court, and was an excel- that Justice would undergo for pur- change, everything is on the table, in- lent professor for 15 years at Notre poses of recusal from a matter. cluding the end of the legislative fili- Dame Law School prior to being con- I do not believe Judge Barrett will buster and packing the Court. To do firmed on the bench on the Seventh take her seat on the Bench with a pre- that would only inflict even deeper, Circuit Court of Appeals. I helped to determined agenda or with the goal of deeper wounds, fundamentally and dra- confirm her to that seat on the Sev- putting a torch to every volume of the matically altering how the levers of enth Circuit. ‘‘United States Reports.’’ power operate in this country and com- I have followed on from that time Justices should come to the Court promising the one branch of govern- when I first came to know of Judge with an open mind, willing to be con- ment that must remain apolitical. Amy Coney Barrett. I have done my vinced by the arguments presented in We are the legislative branch, the ex- due diligence in my role of advice and each case, to exchange thoughts with ecutive branch. Both of these branches consent. I have worked through the ar- their colleagues, to learn new things, are inherently political. It is the third ticles that she has written and the and rule as the law requires. I am con- branch, our courts, that we count on to cases that she has written. I have en- vinced that Judge Barrett will do just be apolitical. I think it would be a gaged in a lengthy one-on-one with her. that. giant leap further down a path that we I watched both full days when she ap- So while I oppose the process that should not be following in the first peared before the Judiciary Com- has led us to this point, I do not hold place. So we have to figure out how we mittee. She presented herself admi- it against her as an individual who has deescalate. rably under a difficult situation. We all navigated the gauntlet with grace, So let me very simply explain this know around here that confirmation skill, and humility. I will vote no on afternoon how I plan to vote over the processes are not pretty. the procedural votes ahead of us but next two days, starting with proce- I have expressed my concerns pre- yes to confirm Judge Barrett when the dural motions, which I opposed yester- viously that good people will decide question before us is her qualification day, and I will oppose again tomorrow. that the confirmation process that we to be an Associate Justice on the Su- In 2016, after the unfortunate death have now is sometimes an awful proc- preme Court. of Justice Scalia, I said that the Sen- ess, that I worry that they are going to With that, I yield the floor. ate should not take up a nominee to think that it is just not worth it, not The PRESIDING OFFICER. The Sen- fill that seat due to the impending worth what it puts them and their fam- ator from Louisiana. Presidential election. I reiterated that ilies through, and they opt out. They Mr. CASSIDY. Mr. President, I rise statement in August of this year. And opt to avoid government service. today to offer my support for con- then, coincidentally enough, just hours And, on this note, I will say that firming Louisiana native Amy Coney before the news of Justice Ginsburg’s while some of the rhetoric from my Barrett to the Supreme Court of the passing that saddened the country—I colleagues has been overblown and un- United States. didn’t know that she had passed when I necessary, this process with Judge Bar- Deciding whether to confirm a Jus- reaffirmed my comments from earlier, rett is not nearly what it was in 2018 tice to the highest Court in the land is but that knowledge would not have during the confirmation of Justice among the most important duties and changed my mind. I remain in the same Kavanaugh. So, ultimately, I am glad privileges that a Senator has. We must place today. I do not believe that mov- and I am thankful that Judge Barrett consider the qualifications of the nomi- ing forward on a nominee just over a did not opt out. nee the President puts forward and de- week removed from a pitched Presi- I have concluded that she is the sort termine a nominee’s fitness to serve. dential election, when partisan ten- of person that we want on the Supreme In this case, President Donald Trump sions are running about as high as they Court. Her legal writing is excellent made a terrific selection in Amy Coney could—I don’t think that this will help and will be an asset to her as well as Barrett. The Senate will vote on her our country become a better version of future generations of lawyers as they confirmation in the coming days, and I itself. read through her opinions. Her intel- will proudly cast my vote to confirm. But, frankly, I have lost that proce- lectual curiosity, which is dem- Here is why: dural fight. We saw that with the vote onstrated by the depth and breadth of Judge Barrett is incredibly qualified yesterday. So what I can do now is be her academic work as a professor, will to serve on the Court. She graduated consistent with the precedent that I also serve the country well. Her tem- summa cum laude from Notre Dame have set for myself and oppose a proc- perament and her very patient nature Law School, clerked for the late-Su- ess that I said should not move for- were on full display over the course of preme Court Justice Antonin Scalia, ward, and I have done that. the hearing. and spent 15 years in academia shaping But at the end of the process is the I had a good and, I think, a very sub- a new generation of legal minds. substantive question of whether Judge stantive discussion with Judge Barrett According to her students, she was Barrett should be categorically re- about some Alaska-related matters, fo- not an ideologue but, rather, she would jected as an Associate Justice in order cusing on Alaska-specific statutes, like listen and take their thoughts and to underscore my procedural objection. ANILCA. I raised some of the public process them and bring them to a bet- I believe that the only way to put us safety challenges that we face in my ter knowledge of the law. With that,

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.205 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6439 she has been universally praised by her mischaracterized many of her state- tions. We brought real lives and the former students and ultimately served ments, twisting them into new ways to real harm they will suffer into that on the U.S. Court of Appeals for the attack her, again fabricating reasons hearing room. Seventh Circuit. to say no. Yet Judge Barrett handled I brought Connor Curran, whose Her record and experience show that each attack with grace and dignity. treatment has kept him alive only be- she is ready for the Supreme Court. During her hearing, she displayed cause his parents were able to use the There is some home-State pride. time and again that she has the skills, Affordable Care Act for his preexisting Judge Barrett was raised in Metairie, the demeanor, and the experience to condition; Julia Gonzalez, who is alive LA, and is a graduate of St. Mary’s Do- serve on the Supreme Court. because she received treatment for her minican High School. When I go back On Monday, I will proudly cast my cancer as a result of the ACA making there, I will see folks with the pen she vote to confirm Amy Coney Barrett to it affordable, protecting her as a pre- would have received when she grad- the Supreme Court. She will serve our existing condition survivor; Samantha, uated, and they are very proud to have country well, and she will serve the fu- a rape survivor, who was able to get an attended the same school and perhaps ture generations that will be influ- abortion because of the protections of to have been in the same class. enced by her decisions on the Supreme Roe v. Wade; Tracey, who was able to As a fellow Louisianan, I am proud Court well. I encourage my colleagues use in vitro fertilization because of re- that one of our own will become a Su- to put politics aside and to do the productive freedoms that are guaran- preme Court Justice. She will be only same. teed by Griswold v. Connecticut and its the second person from Louisiana to Thank you. progeny—Amy Coney Barrett has re- serve on the Court, which, for my I yield back. The PRESIDING OFFI- fused to say whether she thought Gris- State, makes the confirmation his- CER (Ms. MURKOWSKI). The Senator wold was correctly decided; Ethan toric. But it is more than Louisiana from Connecticut. Song, who lost his life because of an rooting for Amy Coney Barrett; she UNANIMOUS CONSENT REQUEST—H.R. 1112 unsafely stored firearm in a friend’s will serve our country well. Mr. BLUMENTHAL. Madam Presi- home—his parents, Michael and Kristin I will also say that I think it fitting dent, we are here today on a unique Song, were with me, and so was Ethan; that a woman fill the seat that opened Saturday, a day that is not normal, a Janet Rice, whose son, Shane, then 20 after Justice Ruth Bader Ginsburg’s day when the coronavirus is setting years old, was killed in downtown passing. Although she and I had our new records across the United States Hartford; and, of course, the Barton differences in political and judicial phi- for infection—just yesterday, 85,000 family, who lost their beautiful son, losophy, she should be recognized for new cases, which is the very highest Daniel, along with 19 other wonderful her service and lifelong pursuit of en- since July—ravaging the United children, in Sandy Hook in that mas- suring that women have a seat at the States, and creating untold hardship sacre, and sixth grade educators as well. table. We thank the legacy of Justice and heartbreak. Those lives and real people and real Ginsburg and her service to the United We are in the midst of a raging pan- harms are what are at stake in this de- demic, but we are not considering States. bate, and so this Chamber seems so One of the many things that are no- measures to deal with the pain and surreal on this day, in the midst of table for Justice Ginsburg that I will grief and loss that it has created, the hardship and heartbreak that would emphasize is that she broadened the threat that it poses to many States only be aggravated by the Justice who across the country, providing memo- perspective of SCOTUS—the Supreme may be confirmed as early as Monday ries for many of us in Connecticut who Court of the United States—as they evening. treated the law. I think Judge Barrett went through the worst of these rav- She has been selected, screened, and does the same. She will be the first ages and still suffer, in Connecticut, vetted to be an activist judge who mother of school-age children to serve the threat of a new wave. Economic would strike down the Affordable Care on the Court. She and her husband crisis grips this country, people are out Act and overturn Roe v. Wade. We Jesse are raising seven children, two of of jobs, and small businesses are fail- know that she has passed that ‘‘strong whom were adopted from Haiti and the ing, but we are considering a nominee test’’—the President’s words, ‘‘strong youngest of whom has Down syndrome. who would threaten to decimate our test’’—to legislate from the Bench and If there is a mom—whether a working healthcare system in the midst of a accomplish through the Court what mom or not—who wonders if her per- healthcare crisis as we go through this they have been unable to achieve in spective is ever spoken to when cases pandemic. this body, in this Chamber, and in this are considered before the Supreme It is a day that is sad, shocking, Congress through the legislature. Court, Justice Barrett will bring that surreal, and it is not normal. It is not They have failed to overturn the Af- perspective to the Court. normal to rush through a nominee for fordable Care Act because the majority Finally, I want to thank Judge Bar- the highest Court in the land—a life- of American people want that protec- rett for her willingness to serve. To ac- time appointment—while Americans tion for preexisting conditions. We cept a nomination to the Supreme are going to the polls in record num- have stood strong on this side against Court is, sadly, to accept ruthless at- bers. Their voices should be heard, and those 10, 20, 40 efforts to strike down tacks from partisans seeking to score the next Senate and the President the Affordable Care Act. political points. Her nomination was should choose this next Justice. It is Madam President, she has been vet- no different. not normal because we are, in effect, ted and screened for a position on gun She has been repeatedly attacked for ignoring and disregarding the duty we violence protection that she herself has being a practicing Catholic. She has have to consider and pass real meas- admitted in a speech she gave at Hills- every right to live her faith. No one in ures to address this pandemic and the dale College. It sounds kind of radical. public service should be expected to economic crisis we face. It sounds kind of radical, as I said to cast aside deeply held religious convic- It is not normal for real people whose her during the hearing, because it is tions to satisfy an angry mob fabri- lives are impacted so severely and po- radical. It is part of a radical, extrem- cating reasons to say no. tentially even more so in the weeks ist agenda to deny the American people Thank you, Judge Barrett, for de- ahead and whose healthcare, reproduc- State and local laws that protect them fending your—and by extension all of tive freedom, protection from gun vio- against assault weapons and large-ca- our—religious liberty. lence, workplace rights, civil rights, pacity magazines, people who are dan- I think the balance and the grace she and civil liberties are all threatened by gerous and should be denied the pur- exhibited during a very difficult 2 days this nominee. chase of firearms because they should of being before the committee but in We brought into the hearing room be screened out through background her life in general is testimony to the those real people from Connecticut and checks and through emergency risk depth by which she considers the best all around the country through the protection orders and safe storage of her faith. posters that we had, watching those laws, and repeal of PLCAA. That gives That said, her political enemies and hearings and the nonresponses that gun manufacturers near complete im- some in the press intentionally Amy Coney Barrett gave to our ques- munity from any responsibility.

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.207 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6440 CONGRESSIONAL RECORD — SENATE October 24, 2020 We are still in the middle of an epi- In the past 10 years, gun violence has letter and ad that she aligned herself demic of gun violence, and among taken more than 350,000 lives—in rural with. those real people who have spoken out communities, urban communities, and She has called, in effect, through or- is a young woman, 19 years old, named every community across the United ganizations with which she was Tabitha Escalante. I was on a phone States. Gun violence is an insidious aligned, for the unborn ‘‘to be pro- call with her yesterday with other ad- public health menace, a public health tected in law.’’ She aligned herself with vocates. epidemic that affects every commu- a group on legal positions—I am not She is the judiciary advisory asso- nity. talking about moral beliefs—pushing ciate at March for Our Lives, and she is Amid this public health epidemic, the most extreme legal views on repro- advocating, along with other groups, Republicans have vetted and screened ductive care, which include criminal- grassroots groups, that have created a this nominee to take Justice Gins- izing IVF, criminalizing doctors, end- movement—Giffords, Brady, burg’s place on the Supreme Court be- ing legalized abortion in this country. Everytown, Moms Demand Action, cause of her extreme views, as she ar- Her extreme views on reproductive Students Demand Action, Connecticut ticulated in her dissent in Kanter v. freedoms once were disqualifying, but Against Gun Violence, Sandy Hook Barr. She showed an alarming willing- it is the reason why Donald Trump Promise, Newtown Action Alliance— ness to stretch the founding-era his- chose her in the first place—his strong along with March for Our Lives. They tory to support her extreme and expan- test on that issue. have created a movement that is pre- sive view of the Second Amendment. Right now, there are 17 abortion-re- vailing, just as we prevailed and Her views are not only out of the main- lated cases that are one step away from stopped the legislative branch from stream; they are out of the position ar- the Supreme Court. There are chal- overturning the Affordable Care Act. ticulated by Justice Scalia, her men- lenges to bans on abortion as early as The strength of this movement has tor. 6 weeks into pregnancy, before many caused the NRA and the extreme rad- But the fact of the matter is that the women even know they are pregnant. ical groups that are supporting it to go threat to these gun violence prevention There are bans on abortion later in to the courts, as we documented in a measures is real and urgent. Cases are pregnancy, when women can face the report that we released just yesterday. literally one step away—remember, one most severe health risks and rely on their doctors for accurate information I thank my colleague SHELDON WHITE- step away—from the Supreme Court. and compassionate care. HOUSE for spearheading this effort. I There are three cases challenging re- They are reason-based bans that have been proud to join in various ef- strictions on assault weapons and merely exist as a pretext—and I say forts on captured courts. And the re- large-capacity magazines, two of them ‘‘reason-based ban’’—for interrogating port ‘‘What’s at Stake: Gun Safety’’ from California that are about to be pe- and intimidating women who seek an was the reason that Tabitha and I and titioned for a review of certiorari at abortion. They are redtape laws that others joined that call yesterday: ‘‘How the U.S. Supreme Court. Two cases require abortion providers to jump challenging limits on open carry and a Corrupted Organization Has Radi- through hoops that serve no medical three cases challenging background cally Transformed the Second Amend- purpose but merely exist to burden ment.’’ check and licensing requirements are them and make necessary abortion It shows how the NRA has been at one step away from the Supreme Court, services harder and harder to obtain— the tip of the spear, working for special possibly this term, when Amy Coney and numerous other abortion laws de- interests, the gun lobby—dark money Barrett would take her seat. signed to limit access—strictly to limit With her nomination, every single channeled to put on the court judges, access in the name of healthcare, par- commonsense violence prevention at every level, who will stop common- ticularly for poor, rural, and immi- measure at every level of government sense measures on protecting people grant women who simply cannot afford against gun violence. Justice nominee is in great peril. The public safety and to make trips to clinics hundreds of Amy Coney Barrett is only the most health stakes of her nomination could miles away. They are laws that impede recent of them who have been screened not be greater. As Tabitha said, ‘‘Noth- racial justice, human justice. and vetted to carry forward that agen- ing less than everything is at stake.’’ Access to reproductive care is al- da. ‘‘Nothing less than everything is at ready hanging by a thread across the These interlocking groups—the fire- stake’’—and not just now when these country. Judge Barrett’s nomination arms industry, retailers, and private cases are one step away, but for dec- imperils what access remains. Those organizations like American Encore, ades to come. cases are just one step away—one step American Future Fund, American Ac- Tabitha’s generation may have chil- away—from decisions by the Court tion Network, Judicial Crisis Net- dren, even grandchildren, who will see that Judge Barrett would join. work—have spearheaded this effort, Amy Coney Barrett on the Supreme So there is a great deal of our funda- and the NRA has been their tool and Court Bench, if she is confirmed, and mental rights at stake here. As Tab- instrument, and judges in the Federal district court and appellate court itha said, ‘‘Nothing less than every- courts have been the result. judges whom we have confirmed thing is at stake.’’ These cases that are The fact of the matter is that they through this effort to reshape the one step away from decision are only 17 are turning to the legislatures because courts in the image of the far right, of cases involving reproductive freedom, of the strength of this grassroots move- what used to be the Republican Party— 14 cases involving gun violence preven- ment—not its weakness—and their ef- one step away from this disaster. tion, and there are numerous others in- forts to repeal the ACA have failed. So Likewise, on the issue of reproduc- volving workplace safety. have their efforts to block those meas- tive freedom, Judge Barrett was also The Affordable Care Act will be ar- ures in State legislatures and local vetted and screened. At the hearing, gued a week after the election, when governments. she refused to say—absolutely refused she would sit on the Court. Her hos- In fact, gun violence prevention was to say—whether Roe was correctly de- tility to the Affordable Care Act is well on the ballot in 2018, and gun violence cided. As you know, Roe protects a documented by now in her criticizing prevention won. That is the reason woman’s right to choose after being Chief Justice Roberts for his vote to that the House of Representatives raped, as Samantha was. We presented uphold the act, saying he had to passed a universal background check her story. stretch the meaning of it to keep it measure and other steps that are so It is constitutional to make in vitro alive, her saying in King v. Burwell, important and should be done here. fertilization a crime if Roe is over- when she spoke about that case, that In the past 10 years, in fact, this turned. It is constitutional to make it the dissent had the better of the argu- scourge and epidemic of gun violence a crime for doctors to perform abor- ment. These are real rights for real has continued with more than 236 mass tions. She refused to answer that ques- people that would be lost. shootings in this country. Those mass tion as well. But, in a way, she didn’t Instead of imperiling healthcare and shootings have taken 1,300 lives, in- really need to answer those questions other rights that should be enjoyed by cluding those innocent children and because we know where she stands. She the American people, we should be en- educators at Sandy Hook. described Roe’s legacy as barbaric in a acting measures that are before us

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.209 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6441 right now that have been passed by the UNANIMOUS CONSENT REQUEST—H.R. 7 Barrett to be an Associate Justice on House of Representatives, by bipar- Madam President, let me move to an- the Supreme Court of the United tisan majorities, that would actually other measure. In order to proceed to States. She is a highly-qualified nomi- address the needs and challenges of the the consideration of H.R. 7, Paycheck nee and deserves this debate. American people during this extraor- Fairness Act—again, bipartisan legisla- For that reason, I object. dinary time in our history. tion that would empower women to The PRESIDING OFFICER. Objec- They are before us right now. There challenge pay discrimination in the tion is heard. is no need to write them anew. There is workplace, passing the House by a bi- UNANIMOUS CONSENT REQUEST—S. 4443 no need to invent the words or the pur- partisan majority and giving women Mr. BLUMENTHAL. Madam Presi- poses for these acts. the power to hold employers account- dent, in order to proceed to the consid- In order to proceed to the consider- able for discriminatory practices, mak- eration of the Lori Jackson Domestic ation of H.R. 1112, the Enhanced Back- ing a tremendous difference in their Violence Survivor Protection Act—be- ground Checks Act—bipartisan legisla- lives—I ask unanimous consent that cause millions of women are still at tion to close the Charleston loophole, the Senate proceed to legislative ses- risk as a consequence of this loophole extending the initial background check sion on the Paycheck Fairness Act. in our present laws that enables dan- review period from 3 to 10 days, and The PRESIDING OFFICER. Is there gerous, estranged spouses or partners eliminating that loophole for gun pur- objection? to have access to weapons during the chases which enabled the Charleston The Senator from North Dakota. most perilous time in a domestic dis- shooter to get his weapon and murder Mr. CRAMER. Madam President, re- pute right after separation, because people in the basement of a church and serving the right to object. that loophole endangers innocent others around the country to endanger This is yet one more obstructionist women because it provides access to and kill innocent Americans, embody- move to prevent us from taking up weapons to those dangerous people—I ing the principle of ‘‘no check, no Amy Coney Barrett to the Supreme ask unanimous consent that the Sen- sale,’’ that must be the rule—I ask Court of the United States, a highly- ate proceed to legislative session. unanimous consent that the Senate qualified nominee who deserves her The PRESIDING OFFICER. Is there proceed to legislative session. time in the Chamber. She deserves her objection? The PRESIDING OFFICER. Is there time in debate and not these other ex- The Senator from North Dakota. objection? ternal matters that, by the way, if they Mr. CRAMER. Madam President, re- serving the right to object. The Senator from North Dakota. were important to the Senate minor- ity, they would not have voted four Again, if the minority was serious Mr. CRAMER. Reserving the right to times this week to adjourn until after about passing legislation, they would object. the election. not have voted four times to adjourn The Senate is currently considering For that reason and several others, I until after the election, so it is a little the qualifications of an excellent nomi- object. hard to take this seriously, but it is es- nee to be on the Supreme Court of the The PRESIDING OFFICER. The ob- pecially difficult on this one because United States. That is why we are here. jection is heard. Federal law already prohibits violent It is very important work. This request The Senator from Connecticut. felons from owning and purchasing is nothing more than another form of Mr. BLUMENTHAL. Madam Presi- firearms. procedural harassment by the minority dent, the so-called external matters go Again, should I remind the Senate to try and stop our process of consid- to the heart of fairness in the work- and the country that Democratic may- ering Amy Coney Barrett for the Su- place, equal pay for equal work, dis- ors and Governors all over this country preme Court of the United States. It is criminatory practices, other kinds of have failed to protect their citizens. certainly unfair to her. It is unbecom- injustices that have existed for years— The last thing we would want to do at ing of this Chamber. women ought to have the right to chal- a time like this when citizens are left If this bill was so important to the lenge them and hold their employers to defend themselves against violent Democrats in the Senate, they accountable. What could be more fun- crime is to prohibit law-abiding Ameri- wouldn’t have voted four times to ad- damental and important? cans or make it more difficult for law- journ until after the election. So, UNANIMOUS CONSENT REQUEST—H.R. 1423 abiding Americans to own firearms. clearly, this is just a stunt. Madam President, let me move now For those reasons, I object. By the way, if that wasn’t reason to H.R. 1423, in order to proceed to con- The PRESIDING OFFICER. Objec- enough, the bill that the Senator is sideration of the Forced Arbitration tion is heard. suggesting we get into would put oner- Injustice Repeal Act, also known as the The Senator from Connecticut. ous burdens on law-abiding Americans FAIR Act, which passed the House on Mr. BLUMENTHAL. Madam Presi- who just want to protect themselves at September 20, 2019—again, a bipartisan dent, just to remind my colleague, this a time when Democratic mayors and measure, which would increase Ameri- measure doesn’t pertain only to dan- Governors are overseeing all kinds of cans’ rights to seek justice and ac- gerous felons. It protects innocent damage to life and health and property countability through the court system. women against dangerous people. unchecked. In fact, calling off the law We are in the midst of considering a There is already the provision for pro- enforcement of their communities to nominee who has expressed a hostility tective orders to provide that kind of protect our citizens, they now want to to seeking justice in the workplace and safeguard after a period of time. This take away the rights of those citizens in jobs and in other areas. So this measure would close a loophole for the to be able to purchase arms or at least measure to eliminate forced arbitra- first period when, in fact, women and make it much more difficult. tion clauses in employment and con- others are at greatest risk. For these reasons and several others, sumer and civil rights cases is espe- It is a public safety measure that is I object. cially relevant. It would allow con- particularly relevant because of the The PRESIDING OFFICER. Objec- sumers and workers to agree to arbi- hostility expressed by this nominee to tion is heard. tration after a dispute occurs, but it commonsense steps in the name of a Mr. BLUMENTHAL. Madam Presi- would not force them to do so. very extreme view under the Second dent, what my colleague calls proce- I ask unanimous consent that the Amendment. dural harassment, it is actually democ- Senate proceed to legislative session. UNANIMOUS CONSENT REQUEST—H.R. 840 racy. It is legislation. It was passed by The PRESIDING OFFICER. Is there Madam President, I would like to ask the House. It is bipartisan. The major- objection? that we proceed to consideration of ity was bipartisan. It will save lives. I The Senator from North Dakota. H.R. 840, the Veterans’ Access to Child fail to understand why my Republican Mr. CRAMER. Madam President, re- Care Act—what could be less con- colleagues will not allow this loop- serving the right to object. troversial, a bill that provides hole—it is a fatal and defective loop- I will not allow the Senate to be di- childcare assistance to veterans receiv- hole in our current laws—to be re- verted from the issue at hand, and that ing covered healthcare services in a VA paired. is the consideration and of Amy Coney facility?

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.210 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6442 CONGRESSIONAL RECORD — SENATE October 24, 2020 The bill highlights the troubling fact The PRESIDING OFFICER. Is there This process is a sham. It is rushed. that lack of childcare can dissuade par- objection? It is not normal. As I said during our ents from receiving essential The Senator from North Dakota. hearings, my great fear is not only the healthcare services. It would make per- Mr. CRAMER. Madam President, re- damage and the harm that this nomi- manent a VA childcare pilot program— serving the right to object. nee can do, but the damage and harm make it permanent. The only interference going on here to the Court itself. It was first introduced in 2011, and it is by Senate Democrats trying to inter- The President said the quiet part out expands access to childcare assistance fere in our discussion about an out- loud. He wants this nominee rushed to nationwide, allowing veterans to re- standing nominee to the Supreme the bench so she can decide the elec- ceive medical treatment with con- Court of the United States, Judge Amy tion, not the voters—so she can sit on fidence that their children are receiv- Coney Barrett. For that reason, I ob- the Supreme Court when the election ing high-quality care—our veterans. ject. goes to the courts. Whatever motions have been made in The PRESIDING OFFICER. Objec- Well, my Republican colleagues have the past, this measure certainly needs tion is heard. the majority. They may have the to be considered. It was passed by a The Senator from Connecticut. votes, but they don’t have the Amer- majority in the House on February 8 of UNANIMOUS CONSENT REQUEST—H.R. 4894 ican people, and they don’t have his- 2019, more than a year ago, a bipartisan Mr. BLUMENTHAL. Madam Presi- tory on their side. Might does not majority in the House—no action here. dent, in order to proceed to the consid- make right. They can do it because I ask unanimous consent that the eration of H.R. 4894, Congressional they have the votes. They are doing it Senate proceed to legislative session. Budget Justification Transparency Act because they can. The PRESIDING OFFICER. Is there of 2020, a bill that requires Federal Amy Coney Barrett could stonewall objection? agencies to make budget justification our questions because she could and es- The Senator from North Dakota. materials available to the public—it is tablish a new standard—call it the Mr. CRAMER. Madam President, re- a transparency measure. It requires ‘‘Barrett rule’’—of not answering. But serving the right to object. disclosure, and it requires the Office of the damage to the Court will be great. Can we just be a little more honest? Management and Budget to make cer- The Court has power because of its This is not about childcare. What is tain details regarding the materials legitimacy. The trust and confidence of going on here is not about childcare, available to the public, including a list the American people are in its inde- for veterans, or for anybody else. This of agencies that submit budget jus- pendence. Our Republican colleagues is another attempt to prevent us from tification. are whittling away and eventually dev- talking about the outstanding quali- It also forces disclosure of the dates astating not only the authority of the fications of Judge Amy Coney Barrett that materials are submitted to Con- Supreme Court, but all of our Federal to be on the Supreme Court of the gress and posted online and links to courts, by politicizing and polarizing United States. the materials—a basic disclosure meas- it. I will stand here all day and object if ure. It was passed, again, overwhelm- She would not even commit that she that is what it takes for my other col- ingly by the House of Representatives would recuse herself in the event an leagues to get to the floor and talk on September 14 of this year, without election case went to the Supreme about the merits of this outstanding any action so far in this body. Court. I have tremendous respect—even judge. With that, I object. I ask unanimous consent that the reverence—for the Court, having served The PRESIDING OFFICER. Objec- Senate proceed to legislative session. there as a law clerk with Justice Harry tion is heard. The PRESIDING OFFICER. Is there Blackmun, having argued four cases The Senator from Connecticut. objection? before the Court, including three with UNANIMOUS CONSENT REQUEST—H.R. 2722 The Senator from North Dakota. Justice Ginsburg. Mr. BLUMENTHAL. Madam Presi- Mr. CRAMER. Madam President, re- This imperils the legitimacy of the dent, as more important as that health serving the right to object. U.S. Supreme Court, is a grave, lasting, for veterans is, equally so is assistance It is really time to move on and hear potentially devastating disservice to for our election system. We are going from other colleagues about the incred- the American people. It is a dagger at through an election right now. Even as ible, outstanding qualifications of the heart of the Court and of our de- we consider this nominee, tens of mil- President Trump’s nominee to the Su- mocracy. Therefore, I will continue to lions of Americans are voting. The preme Court of the United States, oppose this nomination. threat to our election security is well- Judge Amy Coney Barrett. These dis- I yield the floor. known. We face not only foreign inter- tractions cannot prevent us from doing The PRESIDING OFFICER (Mr. ference but also domestic threats, as that. DAINES). The Senator from Florida. has been documented. On this bill in particular, I think peo- UNANIMOUS CONSENT REQUEST—S. 4797 I have been through those absolutely ple should know that most of the docu- Mr. SCOTT of Florida. Mr. President, chilling briefings in a classified set- ments that they are talking about General Secretary Xi is a dictator and ting; we are sworn to secrecy. But the are—in fact, almost all of them are on- human rights violator. He is yet an- malign foreign interference makes 2016, line today. other Communist leader trying to be in my impression, look like child’s For that reason and others, I object. the dominant world power. play from Russia, Iran, the Chinese. The PRESIDING OFFICER. Objec- The Chinese Communist Party is In order to proceed to the consider- tion is heard. stripping the people of Hong Kong of ation of H.R. 2722, Securing American The Senator from Connecticut. their freedoms, cracking down on dis- Federal Elections Act, a bill that Mr. BLUMENTHAL. That measure sidents, militarizing the South China would, in fact, make critical invest- was a basic disclosure step proposed to Sea, supporting Maduro’s genocide in ments to upgrade our voting systems address secrecy in government. Noth- Venezuela, surveilling its citizens, and to protect against foreign interference ing is more fundamental than trans- imprisoning more than 1 million in our elections and democracy by re- parency in a democracy. Sunlight is Uighurs in internment camps simply quiring all voting systems to produce a the best disinfectant. because of their religion. verifiable paper ballot and by author- The people of the United States de- Communist China is committing izing funding for States to bolster elec- serve that information, and so, too, genocide against the Uighurs. It tion security—what could be more ur- they deserve all of the information doesn’t end there. Recent reports indi- gent and important at this moment in about Amy Coney Barrett. Even on the cate that the Communist Party of our history? morning of her approval by the Senate China is attempting the same thing in It was passed by the House of Rep- Judiciary Committee, new documents Tibet, forcing hundreds of thousands of resentatives on June 27, 2019—again, were disclosed, new statements and people in Tibet into mass labor camps. more than a year ago. No action here. speeches by her, adding to the ones We know the Chinese Communist I ask unanimous consent that the that hadn’t been disclosed properly Party and their puppets continue to si- Senate proceed to legislative session. previously. lence and intimidate those standing up

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.212 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6443 for democracy and human rights. They there is no reason to take legislative I am not going to stop working to detain and harass journalists to try action. If the President wants to use make sure there is reciprocity between and prevent the truth from getting out. this power, he can. our nations and that we understand Foreigners and journalists working and But I want to emphasize the point how many Chinese propaganda journal- traveling in Communist China do so at that we share the goals that are behind ists are operating in the United States. their own risk. this measure. No. 1, the goal of increas- We must, together, do everything in Just last week, Communist China ing transparency around the pandemic our power to fight for freedom and hold began threatening to take Americans has to be done so that the Chinese and Communist China and General Sec- as hostages. The national security other authorities around the world— retary Xi accountable, and I hope, at threat of Communist China cannot be states that suffer from the pandemic— some point, my Democratic colleagues taken lightly. The censorship of these make the facts known to this country will join me in this fight. human rights abuses cannot be ig- and the world health authority. I yield the floor. nored. We share the goal of condemning Chi- The PRESIDING OFFICER (Mr. General Secretary Xi doesn’t want us na’s absolutely despicable human SCOTT of Florida). to know about the oppression occur- rights abuses, its deplorable record of The Senator from North Dakota. ring under his regime. For years, the subjugating human liberty, including NOMINATION OF AMY CONEY BARRETT Communist Government in China has the Uighurs, at least 1 million of whom Mr. CRAMER. Mr. President, 2 years tried to push its propaganda in Amer- are being held in Chinese Government- ago, I was a candidate running for this ica through state-owned media outlets run detention centers that the Presi- job, running against a Democratic in- while refusing to treat American jour- dent of the United States has com- cumbent. The top issues of the race nalists in China fairly. We saw this pletely ignored. throughout the summer were things firsthand earlier this year. Chinese- But this legislation would really do like the sanctity of human life, and backed propaganda outlets peddled nothing to address these incredibly op- most important in the minds of the China’s lies about the coronavirus and pressing issues. It uses the pandemic voters—at least based on our polls— endangered the lives of Americans. and China’s human rights abuses as a were law and order. The idea that a In March, the Chinese Communist pretense for deflecting blame for the sanctuary city, much less several of Party expelled more than a dozen U.S. President’s shameful mishandling of them, could exist to protect violent journalists and required other outlets the COVID–19 crisis. The President’s criminals as long as they were here il- to submit written reports of their staff, ineptitude and incompetence are wide- legally was an absurd notion to Dako- finances, operations, and real estate in ly known to the American people. tans. They were good issues for me as a China. We cannot allow this mistreat- We share the goals of stopping Chi- candidate. ment to continue, and we have to take nese human rights abuses, of making That all changed just a little over 2 action. them more honest and accurate in years ago, when Senate Democrats I am proud to sponsor the Chinese- what they disclose, and other goals, waged an attack on President Trump’s Backed Media Accountability Act to but to this measure, I object. nominee to fill the vacancy that oc- create accountability for Communist The PRESIDING OFFICER. Objec- curred by the retirement of Supreme China’s censorship of free speech and tion is heard. Court Justice Kennedy. By ‘‘attack,’’ I failure to treat American journalists The Senator from Florida. don’t mean engage in a vigorous debate fairly. My bill prevents new visas to Mr. SCOTT of Florida. Mr. President, about Brett Kavanaugh’s political and Chinese-backed journalists until we I am disappointed my Democratic col- judicial philosophy or his background. know exactly how many Chinese propa- league doesn’t want to focus on the Rather, they waged an attack on Brett ganda journalists are operating in the global impact of General Secretary Kavanaugh himself, on his character, United States, and it creates reci- Xi’s censorship. I clearly don’t under- his reputation, and his family—and not procity by making sure the number of stand why my Democratic colleagues with facts but with fabrications. Chinese-backed journalists in the refuse to stand up to Communist My opponent, North Dakota’s junior United States is equal to the amount of China. They have stopped every at- Senator, joined the smear campaign independent American journalists al- tempt to protect Americans from this and changed the priorities of our cam- lowed in China. threat. paign quickly from sanctuary cities to, We have to stand up and say that this Again and again, the Democrats suddenly, the Supreme Court of the behavior by Communist China is unac- block efforts to hold Communist China United States. That happened just 2 ceptable, and I look forward to all of accountable and never try to work years and a couple of weeks ago. As my colleagues’ supporting this pro- with us to come up with solutions. much as anything—as much as any rea- posal. They blocked my resolution to move son, as much as any issue—the Su- Mr. President, as in legislative ses- the 2022 Olympics out of Communist preme Court is why I am here today. I sion, I ask unanimous consent that the China. They blocked my bill to prevent do not mean just today. I mean it is Judiciary Committee be discharged Communist China from stealing or sab- why I am a U.S. Senator. from further consideration of S. 4797 otaging American COVID–19 vaccine So, when President Trump nomi- and the Senate proceed to its imme- research, even as American lives de- nated Judge Amy Coney Barrett to fill diate consideration; further, that the pend on the rapid development of this the vacancy created by the death of bill be considered read a third time and vaccine. Justice Bader Ginsburg, I knew there passed and the motion to reconsider be Now they are turning a blind eye to could be no amount of political harass- considered made and laid upon the the censorship of American journalists ment that would cause me to shrink table with no intervening action or de- in China. Chinese state-backed journal- from this obligation. The suggestion bate. ists in America push the propaganda of that I or my colleagues would squander The PRESIDING OFFICER. Is there the Chinese Communist Party. It is this—the right and the responsibility objection? time to wake up and understand that under the Constitution—and consider The Senator from Connecticut. the oppression at the hand of General waiting until after an election that Mr. BLUMENTHAL. Mr. President, Secretary Xi and the Chinese Govern- may create an opportunity for someone reserving the right to object, Senator ment Party will not stop. with whom my constituents don’t SCOTT has sought unanimous consent This is about the safety of Americans agree to be nominated to the Court for a bill that would restrict the and about freedom around the world. would be a dereliction of my duty and issuance of nonimmigrant visas to Chi- This is about standing up for human would rightly enrage the people who nese journalists and a number of other rights. sent me here for exactly this moment. steps that, frankly, are already within We must act, and passing the Chi- I refuse to shrink. the President’s power to do. nese-Backed Media Accountability Act So let’s talk about the nominee, The bill, in many ways, is an attempt takes real steps to hold Communist Judge Amy Coney Barrett. By all ac- to codify authorities that the State De- China accountable for their failure to counts, she is a brilliant jurist. I don’t partment already has. In that sense, treat American journalists fairly. think anybody has really questioned

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.214 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6444 CONGRESSIONAL RECORD — SENATE October 24, 2020 her scholarship, her intellect. Cer- water—that is one of the big ones, Justice on the Supreme Court of the tainly, you couldn’t argue as to her de- right? The Clean Power Plan and its United States. I urge my colleagues to meanor. She has, on national display, imposition on local and State regula- do the same. demonstrated a demeanor that we tion is another, and how the Federal I yield the floor. should probably all aspire to but, cer- Energy Regulatory Commission deals The PRESIDING OFFICER. The Sen- tainly, for somebody who aspires to be with grid reliability. Maybe it is some- ator from Montana. on the highest Court in the land. Oh, thing even more granular like cross- Mr. DAINES. Mr. President, I am by the way, I love the fact that she was State emissions. Who knows? There are here to talk about my support for con- educated in middle America. With all lots of them—lots and lots of them—in firming Judge Amy Coney Barrett to due respect to my conservative jurist areas where it has really been the the United States Supreme Court. friends and acquaintances and even courts themselves. Whether it is the Judge Barrett’s qualifications and those I don’t know from someplace Supreme Court or the appellate court her character are indisputable. I had other than middle America, it is aw- or the district court, it has really been the honor of meeting with Judge Bar- fully nice to see one get to the top. the courts—the judiciary—that have rett earlier this month when she said My conversations with Judge Barrett been the only thing standing between her guiding principles as a judge were were like, I think, everybody’s. They an overbearing Federal Government in the mold of a great Justice—the late were pleasant, and they were serious. and the rights of States. Justice Antonin Scalia. In fact, during In some cases, they were, maybe, even So my discussions with Judge Bar- our meeting and over the course of her a little bit intense, but my conversa- rett centered around her views on fed- hearing before the Senate Judiciary tion didn’t focus on hardly any of the eralism. I gave her some examples, Committee, Judge Barrett dem- things I have been hearing about with some North Dakota examples. I even onstrated her understanding of the pur- relation to her nomination—in fact, laid the blame on Congress, and we de- pose of the U.S. Supreme Court and the none of them have I heard about in this serve a lot of it, for sure. We have proper role of a judge. Chamber today, and we have heard passed broad authorizations for the bu- Judge Barrett believes that judges about lots of them. Mine didn’t even reaucracy and then let them fill in the shouldn’t legislate from the bench. really focus on the hot-button issues of blanks. We have to stop doing that. We Keep in mind that she is currently a the day. My discussions focused on my need to be more proscriptive. In the sitting judge on the Seventh Circuit inquiry of her—about her sense and her meantime, I want to be sure that we Court. She won’t misuse her power as a philosophy and her thoughts on fed- have a Supreme Court that under- judge to impose her policy preferences, eralism. What is the appropriate role of stands the sovereignty of States. and she won’t twist the original and States in this cooperative federalism— I mean, right now, North Dakota is the true meaning of the Constitution this wonderful experiment that is the engaged in several pieces of litigation to advance a political agenda of any United States of America? This is a with our own Federal Government, and kind. Judge Barrett will uphold our system designed by the States. The this is under Trump’s Department of cherished constitutional rights, includ- Federal Government was created by Justice. I just wish the lawyers at the ing the Second Amendment. the States. The Federal Government Department of Justice would take on I have an A-plus rating from the Na- didn’t create the States. No, the States the bad actors in the political class tional Rifle Association and the Mon- created the Federal Government. It is with the same zeal with which they tana Shooting Sports Association. I foundational. take on my State. By the way, there firmly believe that a correct under- I, of course, like the Presiding Offi- are much bigger things they could be standing—a profound understanding— cer, was a State-elected official. I was taking on when they take on the polit- of the Second Amendment is essential. never the Governor, but I was prob- ical class, if they would just do it, than In the discussions I had with Judge ably, in many respects, qualified in a the little things, where they should be Barrett, she confirmed she has that un- way, today, that never occurred to me negotiating settlements with the State derstanding. Judge Barrett’s strong at the time, which was that I was a of North Dakota. I just wish they had support of the Second Amendment can regulator. I was a State regulator who the same zeal for that. That would be give every law-abiding Montanan who had been elected by the people of my much more worthy of the title of ‘‘jus- owns a firearm the full confidence that State to regulate things like rates of tice.’’ she will never allow the government to gas and electrical utilities, to cite Yes, I am very pleased with Judge take away our guns. She understands things like pipelines and transmission Amy Coney Barrett’s philosophy and what ‘‘shall not infringe’’ truly means. lines and powerplants and wind farms, demeanor, but I was really grateful for I believe Judge Barrett will stop Con- and to oversee the Federal Commu- her answers on the issue of the role of gress in its tracks when it exceeds its nications Act and its application in States in a cooperative Federalist sys- limited constitutional powers. For dec- North Dakota. From that perch as a tem like ours. Yet, at the end of the ades, Congress has imposed policies State regulator for nearly 10 years, by day, judicial philosophy, intellect, and that this body has had no authority in far, the greatest problems and the where one went to college is all just creating in the first place. Judge Bar- greatest obstacles to doing my job were shored up by the fact that she is a per- rett will ensure that Congress stays the mandates coming from Wash- son of incredible virtue—yes, a virtue within its limited constitutional pow- ington, DC, and its trying to impose its that is grounded in faith. That is, after ers while returning powers to the mediocrity on North Dakota’s excel- all, where most virtue comes from. In States and back to the people. She will lence. fact, I suspect that some of those vir- defend the Constitution. She will pro- So, when I came to Washington, I set tues that used to be more universal in tect our Montana way of life, including out to change some of that. I wanted to our country are part of why the left de- our Montana jobs. Judge Barrett will try to change our bureaucracy a little spises her so much. not bend to the radical fringe groups bit and find somebody in this place who As for me, I am just glad that she is that are looking to kill Montana tim- understood and respected the role of willing to do it. I am glad that her fam- ber and coal jobs. She will be a fair- the States in this cooperative fed- ily is willing to stand with her and do minded Justice whom Montanans will eralism, because what I saw and what I it. I am glad that she has the virtues of be proud of. continue to see is a big bureaucracy faith that underpin the intellect and Yet some on the far left not only op- that is trying to run right over—roll the experience and the demeanor. In pose Amy Coney Barrett’s confirma- right over—the States of this country. fact, perhaps, it is why she has all of tion but have also said they are open to I think that the overriding issue of the those other things. For those reasons packing the Supreme Court with lib- role of States and of federalism gets to and several others, it is going to be a eral judges. Let me just define what the heart of lots of these other smaller pleasure—it is even going to be an ‘‘packing’’ means. That means increas- issues, of lots of these more granular honor—to stay the night tomorrow ing the number of Justices on the Su- issues. night, if that is what we have to do, to preme Court from 9, which has been the Now, whether it is the waters of the cast the vote for Judge Amy Coney case for 151 years, to 11 or 13 or more, United States and what is a navigable Barrett to become the next Associate perhaps. That will be an attack on our

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.216 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6445 Montana way of life. I stand with Mon- Don’t forget it was just earlier this ary, and I hope the rest of my col- tanans in strongly opposing this dan- year that the Democratic leader, Sen- leagues will join me in passing this res- gerous power-grab proposal. With ator SCHUMER, stood in front of the Su- olution that calls for the Supreme Judge Barrett on the Supreme Court, preme Court and openly threatened Court to simply remain as it has been the age of activist Justices rewriting President Trump’s two Supreme Court for 151 years at nine Justices. That is the laws to accomplish their own pol- picks if they didn’t vote the way he all it says—we are going to keep the icy agendas will be gone. wanted by saying, ‘‘I want to tell you, Supreme Court at nine Justices. She is a mother of seven children— Gorsuch, I want to tell you, As if in legislative session, I ask five biologically and two adopted Hai- Kavanaugh: You have released the unanimous consent that the Senate tian children. We will have a Supreme whirlwind and you will pay the price. proceed to consideration of S. Res. 758, Court Justice whom we can also call a You won’t know what hit you if you go submitted earlier today. Further, I ask minivan mom. Judge Barrett is an in- forward with these awful decisions.’’ unanimous consent that the resolution spiration to professional women, to That is disturbing—disturbing, indeed. be agreed to, the preamble be agreed working moms, and to school-aged Let’s be clear. This is nothing more to, and the motions to reconsider be girls across Montana who can feel cer- than an attempt at a partisan power considered made and laid upon the tain there is no American dream that grab by Democrats. You see, packing table with no intervening action or de- women cannot achieve. the Supreme Court by moving from the bate. Just last week, I met with several current 9 Justices to 11 or 13 would es- The PRESIDING OFFICER. Is there northwest Montana businesswomen sentially eliminate the Supreme Court objection? leaders in Kalispell to talk about their from being a check and a balance on Mr. WHITEHOUSE. Mr. President, support for Judge Barrett’s confirma- Congress and the executive branch, reserving the right to object. tion. These Montana businesswomen paving the way for a radical, far-left The PRESIDING OFFICER. The Sen- shared their views of Judge Barrett as agenda put forth by CHUCK SCHUMER ator from Rhode Island. a mentor, a role model, a wife, a moth- and the Democrats if they get the ma- Mr. WHITEHOUSE. Reserving the er, a brilliant jurist, and a great leader. jority. right to object, I would open with the I would also like to take a moment Packing the Supreme Court is a di- observation that—well, let me start by to congratulate and thank President rect attack on our Montana way of life. saying that in one of the great plays in Trump for nominating such out- Packing the Supreme Court with activ- our language, the opening began with standing and well-qualified individuals ist, liberal Justices will help the far- the observation that ‘‘something is rot- to the U.S. Supreme Court. With Judge left radicals strip away our Second ten in the state of Denmark.’’ Barrett’s confirmation, we will take Amendment rights, destroy good-pay- There is increasing evidence that another major step toward restoring ing energy and natural resource jobs, something is rotten across that lawn the Founding Fathers’ vision for the and cripple the Montana and American and across First Street at the U.S. Su- Supreme Court and the separation of economy by blocking forest manage- preme Court. What is the evidence of powers they brilliantly created. ment and energy projects. that? Well, the first thing I would sug- As a U.S. Senator from Montana, For us in Montana, we know exactly gest is the amount of anonymous dark supporting Judge Barrett’s confirma- what it means to have an activist, lib- money influencers swirling around the tion to the Supreme Court is an easy eral judge on the bench. Look no fur- Court. call. She is someone whom Montanans ther than Judge Brian Morris of Mon- I have spent a good deal of my profes- can be proud of and whom Montanans tana. Judge Morris has done every- sional life around appellate courts. I can look up to on the Court. thing in his power to try to kill Mon- have never seen—nor does the history I urge all of my colleagues on both tana’s energy jobs. In fact, he specifi- of the Supreme Court evidence—any- sides of the aisle to support Judge Amy cally blocked the Keystone XL Pipe- thing like what is taking place right Coney Barrett’s confirmation to the line. This project would create thou- now with dark money influencers U.S. Supreme Court. sands of jobs and generate tens of mil- swirling like eels around that Court. UNANIMOUS CONSENT REQUEST—S. RES. 758 lions of tax dollars every year for Mon- How do they do it? Well, they are in- Mr. President, I rise today to speak tana schools and Montana commu- volved in the selection process through about an effort that, frankly, I never nities. a group called the Federalist Society, envisioned I would have to, something Packing the Supreme Court will also which takes large, anonymous, dark- that is so beyond radical, and that is erode a major principle of our Con- money contributions and controls the packing the U.S. Supreme Court. stitution; that is, the separation of selection of judges. How do we know it This plan, hatched by a Democratic powers into three coequal branches of controls the selection of judges? Don- President in 1937, was so radical then government. Packing the Supreme ald Trump has said so. that it was soundly defeated here in Court would simply make the Court an The Wall Street Journal has said this the U.S. Senate—a Senate, I might add, extension of the legislative branch. It was a subcontracting operation—a sub- in which 76 of the 96 Members were is the independence of the judiciary contracting operation—and it worked. Democrats. that is essential to check and balance It is not a good thing when the selec- This was a plan that was so hostile to both the executive and legislative tion of our Supreme Court is subcon- institutional principles that the Senate branches. Packing the Court would tracted out to a private group that Judiciary Committee in 1937 said that simply turn the U.S. Supreme Court then takes multimillion-dollar anony- it was ‘‘a measure which should be so into an extension of whatever political mous donations. It shouldn’t be hard emphatically rejected that its parallel party happens to control the White for Members to understand that is a will never again be presented to the House and the Senate. dangerous set of facts. free representatives of the free people Here is how it would work: Which- Then you go on to the campaigns for of America.’’ ever President is in power, if they have those selected nominees, and you see In fact, as recently as 2019, the bril- the same party in power in the Senate, more anonymous donors writing liant late Justice Ruth Bader Ginsburg they could keep escalating the number checks for as much as $17 million. I stated: ‘‘I think it was a bad idea when of Justices. It would go from 11 to 13 to can’t write a check for $17 million. I President Franklin Roosevelt tried to 15 to 17. It would absolutely spin out of don’t know anybody here who can. The pack the court . . . and if anything control, and our Founding Fathers number of donors who can write a would make the court look partisan, it would be rolling over in their graves. check for $17 million is very small, and would be that.’’ The packed Court would simply turn the number who would want to is even Well, today we find ourselves in the the Supreme Court into an extension of smaller. That is another avenue of in- same spot, and the reason why is sim- whichever political party happens to fluence. ple: The Democratic Party still does control the White House and the Sen- Last, you have law groups appearing not accept the legitimacy of President ate. before the U.S. Supreme Court, also Trump or his highly qualified judicial So I am here today to call out the anonymously funded. Some have gone nominees. shameful partisan attack on our judici- out to find a plaintiff of convenience to

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.217 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6446 CONGRESSIONAL RECORD — SENATE October 24, 2020 bring strategic litigation before the tine, the ritual of adjudication, while ate is clear here. Democrats don’t just Court. Some appear as what they call making sure that a small group of spe- decry dark money spending; Democrats amici curiae, friends of the Court. cial interests actually wins the case at have, over and over again, sought to Some swap back and forth in the same the end of the day. Nobody should be end it. I know this because I was the series of cases; they exchange positions interested in a court that operates that floor leader on the DISCLOSE Act as the litigant group and a friend of the way. when we brought it right here in the Court. But what they share is that We don’t know how bad the situation Senate, and we came within one vote of they are funded by the same groups, is because it is dark money, because it getting rid of dark money. Every Dem- and they don’t disclose that to the is still hidden, and until we figure it ocrat voted for that measure. Every Court in their filings. So it raises the out, under the rule that it is premature Democrat voted to get rid of this proposition that this isn’t just dark- to rule out remedies until you have a scourge of dark money. Every Repub- money eels swirling around the Court, complete diagnosis, I will object. lican voted to protect it. but these are, in fact, tentacles of a The PRESIDING OFFICER. Objec- So, yes, do Democrats use dark common operation. tion is heard. money? We are playing by your rules. It is particularly surprising that the The Senator from Montana. We are playing by Republican rules. We Senator from Montana would not have Mr. DAINES. I appreciate the Sen- could have brought up the DISCLOSE concern about this because the State of ator from Rhode Island bringing up Act again because it was the first order dark money spent in our elections. Montana has been so strongly con- of business the House passed in H.R. 1, We all agree that dark-money spend- cerned about dark-money influence for but the Senate majority leader didn’t ing has gotten out of control; however, want that bill to get a vote. so long. Indeed, it was a State of Mon- the Senator from Rhode Island gives tana case that went to the Supreme So it is a little bit rich to hear a lit- me an opportunity to point out the bla- any of woes about dark money from Court under, I guess, Attorney General tant hypocrisy from those in the Bullock at the time, where Senator the party that is responsible for dark Democratic Party on this very issue. money happening. We could have got- McCain and I wrote a bipartisan brief I know I speak for probably every ten rid of it if we had passed my DIS- warning of the dangers of all of this Montanan, if not most, when I say that CLOSE Act. We could have gotten rid money. we are tired of being bombarded with of it if we had passed H.R. 1. We did So that is the first thing—dark- never-ending television, digital, radio, none of the above. money influencers swirling around the mail pieces, and most of it is from Court in a way that is unprecedented, So if I may, I would like to ask that dark-money organizations. And where a resolution be passed. in my view, in judicial history. do you think much of this dark money UNANIMOUS CONSENT REQUEST—S. RES. 59 The second is a pattern of decisions is coming from? It is from groups Mr. President, as in legislative ses- that has emerged out of that Court. aligned with the minority leader and sion, I ask unanimous consent that the Under Chief Justice Roberts, there the Democrats. In fact, according to a Senate proceed to the consideration of have been 80 decisions that had these September 2020 report by OpenSecrets, S. Res. 59, submitted earlier today; fur- characteristics: One, they were decided which tracks political spending, two ther, that the resolution be agreed to, 5 to 4—a bare majority. Courts usually dark-money groups aligned with the the preamble be agreed to, and the mo- strive to build stronger majorities be- Democratic Senate leadership have tions to reconsider be considered made cause that strengthens the institution. spent more than $44 million on polit- and laid upon the table with no inter- Eighty cases, bare 5-to-4 majorities—by ical TV ads—more than any other out- vening action or debate. the way, bare partisan 5-to-4 majori- side group on television ads during the ties—and in every case, an identifiable If I may, just briefly, before the Pre- 2020 election cycle. siding Officer calls for objections, just Republican donor interest at stake Let me say that again. These are two describe the resolution, which ex- that won—a pattern of 80 to 0. dark money groups aligned with Demo- presses the sense of the Senate that Last, you have the behavior taking cratic Senate leadership that have dark money undermines the integrity place politically around these nomina- spent more than any other outside of the judicial system and damages the tions and how peculiar that behavior group on television ads during the 2020 perception that all people receive equal is. election cycle. Yet neither group has Here is Senator DAINES talking about justice under law; that dark money or- reported any spending to the FEC at the effort to appoint Judge Garland to ganizations funded by anonymous do- all—zero. the Supreme Court. He said, ‘‘I don’t You may ask yourself why the mi- nors are now playing an outsized role think it’s right.’’ The Senator put it in nority leader and his dark money allies in the selection of judges and Justices terms of right and wrong. And he said, are dumping so much money into races of the Supreme Court of the United ‘‘I don’t think it’s right to bring a across our country, including Montana. States and have spent millions of anon- nominee forward in an election year.’’ The reason for that is the minority ymous dollars on advertising cam- He said, ‘‘The American people have al- leader wants to be the majority leader paigns supporting those selections; ready begun voting . . . and their voice and take control of the U.S. Senate. He that the people of the United States should be reflected in what we do going wants to change the rules, destroy 151 have no idea who is funding these cam- forward.’’ years of precedent, and pack the Su- paigns and what business those funders The very next occasion, the very next preme Court with activist, liberal might have before the Court; that the election in which the same set of cir- judges who will strip away our rights Federalist Society and the Judicial cumstances presented itself, he and vir- and our freedom. Crisis Network and other groups have tually everyone on the Republican side Packing the Court is a direct attack been a part of this and they are heavily completely reversed their position on our Montana way of life. That is dark money funded in this role; that about what is right in this matter. why, more than ever, my Court pack- then-Candidate Trump said of his judi- When you see reversals of position like ing resolution is so important. It just cial selections that they would ‘‘be that, that is a signal to me that there says: Let’s keep it at nine. hand-picked by the Federalist Soci- is something more going on. It is not that complicated. We cannot ety’’; that his White House counsel So whether it is all the dark money, let this Court packing occur. boasted that the Federalist Society whether it is the peculiar pattern of de- So while the Democrats continue to had been ‘‘in-sourced’’; that the Wash- cisions, or whether it is the decry dark money—until it benefits ington Post reported that Leonard Leo, unexplainable behavior of Members, it their campaigns, of course—we must then of the Federalist Society, helped sends a pretty strong signal that some- all take a stand in ensuring that our raise $250 million from mostly anony- thing is, in fact, rotten in and around Montana way of life is protected. mous donors into this effort—and I will that Court. For those reasons, I object. leave the rest of the details to inter- I believe that every one of us should The PRESIDING OFFICER. The Sen- ested readers who want to pursue it. agree that we are entitled as Ameri- ator from Rhode Island. But I would say to Senator DAINES’ cans to a court that is not a panto- Mr. WHITEHOUSE. I just want to umbrage about dark money in Montana mime court that goes through the rou- make sure that the record of the Sen- campaigns, if there is anything worse

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.219 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE October 24, 2020 CONGRESSIONAL RECORD — SENATE S6447 than dark money in political cam- The PRESIDING OFFICER. The Sen- mines the integrity of the judicial system paigns, it is dark money around courts, ator from Rhode Island. and damages the perception that all people and that is the problem we face right Mr. WHITEHOUSE. Mr. President, receive equal justice under law; to the Com- now, and that is what requires looking given the time, I will reserve the other mittee on the Judiciary. into. unanimous consents I have. I under- f The PRESIDING OFFICER. Is there stand that we are going to close, and ADDITIONAL COSPONSORS objection? we are close to that time. So I appre- The Senator from Montana. ciate Senator SCOTT’s coming to the S. 3103 Mr. DAINES. Mr. President, reserv- floor to respond to those, but I yield At the request of Mr. DURBIN, the ing the right to object, I have already back. name of the Senator from South Da- made my remarks about the hypocrisy The PRESIDING OFFICER. The Sen- kota (Mr. ROUNDS) was added as a co- on this issue of dark money. ator from Rhode Island. sponsor of S. 3103, a bill to amend title I think it is also worth pointing out Mr. WHITEHOUSE. Mr. President, I XVIII of the Social Security Act to re- that it was a very different situation in will shortly ask to have a quorum call store State authority to waive for cer- 2016, when Merrick Garland was nomi- by noting the absence of a quorum, but tain facilities the 35-mile rule for des- nated by President Obama. In every before I do that, I wanted to point out ignating critical access hospitals under White House controlled by one party just one issue of vocabulary, if you the Medicare program. and the U.S. Senate by another, the will, which is that the definition of f President of the Senate, going back to ‘‘court packing’’ has actually two oper- 1888—in an election year when both the ative definitions on the Senate floor: SUBMITTED RESOLUTIONS Senate and the Presidency are con- One is to expand the number of judges; trolled by the same party, you move the other is to take advantage of exist- forward; when not, you don’t. ing vacancies and try to use them to SENATE RESOLUTION 758—EX- That is exactly what we did. We had change the balance of the courts and to PRESSING THE SENSE OF THE an election in 2016. President Trump put in judges who are predisposed to SENATE THAT THE NUMBER OF won, and here we are in 2020 with Re- certain rulings. JUSTICES OF THE SUPREME publicans controlling the Senate, and That is, in fact, the meaning that COURT OF THE UNITED STATES the White House began to move for- Senator MCCONNELL gave to that term SHOULD REMAIN AT 9 ward. when he said that President Obama So with that, I object. Mr. DAINES submitted the following was seeking ‘‘to pack the D.C. Circuit resolution; which was referred to the The PRESIDING OFFICER. Objec- with appointees’’ when he was filling tion is heard. Committee on the Judiciary: vacancies; that Senator CORNYN used The Senator from Rhode Island. S. RES. 758 when he said President Obama wanted Mr. WHITEHOUSE. Mr. President, I Whereas the Act entitled An Act to amend to ‘‘pack the D.C. Circuit’’; what Sen- would just add, that was not what Sen- the judicial system of the United States, ap- ator GRASSLEY used when he an- ator DAINES or anybody else on the Re- proved April 10, 1869 (commonly known as publican side said at the time. I was nounced President Obama’s ‘‘efforts to the ‘‘Judiciary Act of 1869’’) (16 Stat. 44; here at the time, and what was said at pack’’ the D.C. Circuit; and when Sen- chapter 22), states that ‘‘the Supreme Court the time, particularly by Senator ator LEE of Utah accused President of the United States shall hereafter consist Obama of trying to ‘‘pack the D.C. Cir- of the Chief Justice of the United States and DAINES is ‘‘I don’t think it’s right to cuit with unneeded judges simply in eight associate justices’’; bring a nominee forward in an election Where the Supreme Court of the United year’’—not when the party’s control is order to advance a partisan agenda.’’ So when we describe all that has States has consisted of a Chief Justice and 8 split in one way or another. ‘‘I don’t associate Justices for 151 years; taken place across the last three nomi- think it’s right to bring a nominee for- Whereas previous attempts to increase the nations—all the procedural abnormali- ward in an election year’’ because the number of justices on the Supreme Court of ties, all the peculiarities of funding, all American people should have their the United States have been rejected and the odd political behavior on the other voice ‘‘reflected.’’ widely condemned by individuals of both po- That has not changed. This new em- side, the 180-degree, tire-squealing re- litical parties; versals, all of that, we are actually fol- Whereas, in 1937, when former President phasis on the party difference is fun- Franklin Delano Roosevelt proposed the Ju- damentally the rule of ‘‘because we lowing the vocabulary that you all used about the D.C. Circuit, just to be dicial Procedures Reform Bill of 1937, a bill can.’’ If that is going to be the rule, if that sought to expand the number of justices that is the rule that Republicans are clear on that point. on the Supreme Court of the United States I suggest the absence of a quorum. from 9 justices to 15 Justices, he was harshly prepared to adopt here—that what The PRESIDING OFFICER. The matters around here isn’t precedent, criticized by both parties and his own Vice clerk will call the roll. President, John Nance Garner; isn’t principle, isn’t what is right, but The senior assistant legislative clerk is just because we can—then please Whereas, the 1937 Senate Judiciary Com- proceeded to call the roll. mittee report, in response to the Court-pack- don’t feign surprise in the months and Mr. MCCONNELL. Mr. President, I ing plan by President Roosevelt, decried the years ahead if we on the Democratic ask unanimous consent that the order plan as ‘‘a needless, futile, and utterly dan- side follow that same rule that you are for the quorum call be rescinded. gerous abandonment of constitutional prin- saying is the way to proceed today. The PRESIDING OFFICER. Without ciple’’, that ‘‘[i]ts ultimate operation would In the same way that it is at least objection, it is so ordered. be to make this government one of men rath- ironic for Republicans to stand here er than one of law’’ and that it was ‘‘a meas- f complaining about dark money when it ure, which should be so emphatically re- was the Republican Party that pro- MORNING BUSINESS jected that its parallel will never again be presented to the free representatives of the tected dark money here on the Senate free people of America’’; floor, it will be equally ironic if the SUBMISSION OF CONCURRENT AND Whereas, during the Trump Administra- party should turn around later on and SENATE RESOLUTIONS tion, Democrats have refused to recognize Democrats seek to use the measure of the legitimacy of nominations made by ‘‘because we can,’’ and you raise objec- The following concurrent resolutions President Trump to the Supreme Court of tions. You are basically here on the and Senate resolutions were read, and the United States and have advocated for Senate floor forfeiting your right to referred (or acted upon), as indicated: packing the Court with additional justices make those objections in the way you By Mr. DAINES: appointed by a future Democrat president; S. Res. 758. A resolution expressing the Whereas, in 1983 during a Senate Judiciary are behaving on this nomination. Committee hearing, then-Senator Joe Biden With that, I will yield the floor to sense of the Senate that the number of jus- tices of the Supreme Court of the United noted that Court packing was a ‘‘bonehead Senator SCOTT. States should remain at 9; to the Committee idea’’ and ‘‘a terrible, terrible mistake’’ that The PRESIDING OFFICER (Mr. on the Judiciary. ‘‘put in question for an entire decade the DAINES). The Senator from Florida. By Mr. WHITEHOUSE: independence of the most significant body— Mr. SCOTT of Florida. Mr. President, S. Res. 759. A resolution expressing the including the Congress, in my view—the I yield back. sense of the Senate that dark money under- most significant body in this country, the

VerDate Sep 11 2014 01:02 Oct 25, 2020 Jkt 019060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.220 S24OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6448 CONGRESSIONAL RECORD — SENATE October 24, 2020 Supreme Court of the United States of Amer- sized role in the selection of judges and jus- (2) JCN pledged to spend $10,000,000 to sup- ica’’; tices of the Supreme Court of the United port President Trump’s nomination of then- Whereas, in 2005 during a speech on the States (referred to in this preamble as the Judge Neil Gorsuch to be an Associate Jus- Senate floor, then-Senator Joe Biden praised ‘‘Supreme Court’’) under President Trump tice of the Supreme Court in 2017; members of the Democrat Party for their and spent millions of anonymous dollars on (3) JCN also spent $10,000,000 to support ‘‘act of courage’’ in opposing the Court-pack- advertising campaigns supporting those se- President Trump’s nomination of then-Judge ing plan of President Roosevelt, which he de- lections; Brett Kavanaugh to be an Associate Justice scribed as a ‘‘power grab’’; Whereas the people of the United States of the Supreme Court in 2018; and Whereas, in 2019, the late Justice Ruth have no idea who is funding these campaigns (4) JCN has pledged to spend $10,000,000 to Bader Ginsburg stated, ‘‘I think it was a bad and what business the funders might have support President Trump’s nomination of idea when President Franklin Roosevelt before the courts; Judge Amy Coney Barrett to be an Associate tried to pack the Court’’, and that ‘‘if any- Whereas, under President Trump, the Fed- Justice of the Supreme Court; thing would make the Court look partisan, it eralist Society for Law and Public Policy Whereas JCN is a dark money organization would be that’’; Studies (referred to in this preamble as the and does not disclose its funders to the peo- Whereas the Constitution of the United ‘‘Federalist Society’’) has played a central ple of the United States; States is based on the principle of separation role in the selection of President Trump’s ju- Whereas JCN has received multiple mas- of powers to provide for checks and balances dicial nominees, including his 3 nominees to sive contributions from the anonymous do- on each branch of the Federal Government the Supreme Court, for example— nors, specifically— and expanding the Supreme Court of the (1) in 2016, then-candidate Trump said that (1) a $15,881,000 anonymous contribution in United States purely for political advantage all of his judicial selections would ‘‘be hand- tax year 2018; threatens the separation of powers and the picked by the Federalist Society’’; (2) a $17,100,000 anonymous contribution in system of checks and balances established in (2) in 2017, then-White House Counsel Don tax year 2017; the Constitution of the United States; McGahn boasted that the judicial selection (3) a $21,464,995 anonymous contribution in Whereas the Federal judiciary is insulated process had been ‘‘in-sourced’’ to the Fed- tax year 2016; and from political influence through lifetime ap- eralist Society; (4) a $17,920,000 anonymous contribution in pointments and other measures to preserve (3) Leonard Leo, the Co-Chairman of the tax year 2015; and its independence and an attempt to expand Federalist Society, twice took a leave of ab- Whereas the American people have no idea the Supreme Court of the United States sence from the Federalist Society to work in who made these massive contributions and purely for political purposes threatens the the White House and advise President Trump what business the contributors might have independence and integrity of the Supreme on his Supreme Court nominations; before the courts: Now, therefore, be it Court and, thus, the entirety of the judiciary (4) approximately 86 percent of President Resolved, That it is the sense of the Senate it oversees; and Trump’s Supreme Court and appellate court that— Whereas any attempt to increase the num- nominees have been members of the Fed- (1) fair and impartial courts are a bedrock ber of justices of the Supreme Court of the eralist Society; and of American democracy and crucial to main- United States or ‘‘pack the Court’’ would un- (5) Judge Amy Coney Barret has spoken at taining the faith of the people of the United dermine the democratic institutions and de- 26 Federalist Society events since 2014 and, States in the justice system; stroy the credibility of the highest court in at the time of his confirmation in 2018, Jus- (2) this massive dark money operation to the United States: Now, therefore, be it influence the selection and confirmation of Resolved, That the Senate opposes any at- tice Brett Kavanaugh had spoken at over 50 tempt to increase the number of justices of Federalist Society events; judges and justices creates significant con- the Supreme Court of the United States or Whereas the Washington Post reported flict of interest concerns for the judiciary otherwise pack the Court. that Leonard Leo has helped raise $250,000,000 and undermines the integrity of the courts from mostly anonymous donors to promote and the justice system; and f conservative legal causes and judges; (3) the people of the United States deserve SENATE RESOLUTION 759—EX- Whereas groups engaged in these activities to know who is behind this massive dark PRESSING THE SENSE OF THE do not disclose their funders, meaning the money campaign to capture the courts. SENATE THAT DARK MONEY UN- people of the United States have no idea who DERMINES THE INTEGRITY OF is behind this sophisticated operation to in- f fluence the selection of judges and justices; THE JUDICIAL SYSTEM AND Whereas dark money groups like the Judi- DAMAGES THE PERCEPTION cial Crisis Network (referred to in the pre- RECESS UNTIL TOMORROW THAT ALL PEOPLE RECEIVE amble as ‘‘JCN’’) have helped shape the com- Mr. MCCONNELL. Mr. President, I EQUAL JUSTICE UNDER LAW position of the Supreme Court by spending move to recess. Mr. WHITEHOUSE submitted the fol- tens of millions of anonymous dollars on ad- The PRESIDING OFFICER. The lowing resolution; which was referred vertising campaigns opposing or supporting question is on the motion. Supreme Court nominees, specifically— to the Committee on the Judiciary: (1) JCN spent $7,000,000 to block President The motion is agreed to. S. RES. 759 Obama’s nomination of Judge Merrick Gar- Thereupon, the Senate, at 5:02 p.m., Whereas dark money organizations, funded land to be an Associate Justice of the Su- stands in recess until Sunday, October by anonymous donors, have played an out- preme Court in 2016; 25, 2020, at 12 noon.

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