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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION

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Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, THURSDAY, NOVEMBER 2, 2017 No. 178 Senate The Senate met at 9:30 a.m. and was firming President Trump’s outstanding GARDNER. When he introduced his called to order by the President pro nominations to the Federal courts. Al- former professor before the Judiciary tempore (Mr. HATCH). ready this week, we have confirmed Committee, Senator GARDNER noted f two strong, smart, and talented women how much she cared about ‘‘robust de- to serve on our Nation’s circuit courts. bates and hearing the views of others.’’ PRAYER Today we will consider two more well- ‘‘Justice Eid,’’ he said, ‘‘was open to The Chaplain, Dr. Barry C. Black, of- qualified nominees: Allison Eid and their views, engaging with them, and fered the following prayer: Stephanos Bibas. [was] never biased against different Let us pray. First, we will confirm Allison Eid, perspectives.’’ Eternal King, You are great and mar- whom the President has nominated to Later, Justice Eid was appointed to velous. Without Your wondrous deeds, serve on the U.S. Court of Appeals for serve as Colorado’s solicitor general our lawmakers, our Nation, and our the Tenth Circuit. Justice Eid has big and, in 2006, to the Colorado Supreme planet could not survive. Lord, let the shoes to fill in taking that seat—it be- Court. Two years later, 75 percent of nations You have made acknowledge came vacant when Neil Gorsuch as- Coloradans voted to retain her. Her Your sovereignty. cended to the Supreme Court. It is a time on the State’s high court has been Continue to meet the needs of our hard act to follow. Yet I have every marked by clear and precise writing Senators, providing solutions to their confidence she will excel in the role. and judicial independence. most challenging problems. Lord, teach You see, nominees such as Justice Eid One of Justice Eid’s former clerks them Your precepts so that they may and Professor Bibas are more than just wrote a column in the Denver Post in walk in Your truth, experiencing the the sum of their credentials—although support of her nomination. As a jurist, reverential awe that comes from Your theirs are indeed impressive, and I will this clerk wrote, ‘‘Eid commits her full presence. Make them wise and knowl- expand on those credentials in just a mental energy and attention to each edgeable leaders. At their work, may moment—nominees such as these also case, carefully mastering every legal they be diligent, ever striving through believe, like Justice Gorsuch, that the and factual detail in order to conduct a their faithfulness to please You. In role of a judge is to apply the law rigorous analysis dictated ultimately their dealings with each other, may equally to everyone and to do so as the by the law.’’ In addition, this former they be honest, courteous, and kind, law is actually written, not as they clerk added a personal touch to Justice never forgetting that You are the un- wish it might be. Eid’s incredible re´sume´: seen guest in all of their deliberations. As Judge Gorsuch said, ‘‘A judge who For women striving to achieve that elusive We pray in Your strong Name. Amen. likes every outcome he reaches is very balance between family life and a successful f likely a bad judge—stretching for re- career, it can be hard to find strong role sults he prefers rather than those the models. But Colorado’s Allison Eid is a shin- PLEDGE OF ALLEGIANCE law demands,’’ or, put a different way, ing example. The President pro tempore led the ‘‘I don’t think there are red judges, and Justice Eid is clearly well qualified Pledge of Allegiance, as follows: I don’t think there are blue judges. All for the position to which she has been I pledge allegiance to the Flag of the judges wear black.’’ That is the view of nominated. She is just the kind of fair- United States of America, and to the Repub- Neil Gorsuch. That is the view of Alli- minded judge people would want hear- lic for which it stands, one nation under God, son Eid and Stephanos Bibas. That is ing their case. I look forward to sup- indivisible, with liberty and justice for all. just the kind of fair-minded judge we porting her nomination today, and I f want serving on the bench and just the ask each of my colleagues to join me in kind of fair-minded judge we are con- confirming the nomination of this ex- RECOGNITION OF THE MAJORITY firming this week, including the excep- tremely well qualified jurist. LEADER tional nominees before us. I would ask them to join me in sup- The PRESIDING OFFICER (Mr. Justice Allison Eid graduated from porting Professor Bibas too. Professor HELLER). The majority leader is recog- the University of Chicago Law School Bibas has served as assistant U.S. at- nized. with high honors. She earned the op- torney. He has experience in private f portunity to clerk for Fifth Circuit practice. He has clerked for a circuit Judge Jerry E. Smith and then for Jus- court judge and for Supreme Court Jus- NOMINATIONS OF ALLISON EID tice Clarence Thomas before joining tice Anthony Kennedy. Today he is a AND STEPHANOS BIBAS the faculty of the University of Colo- professor at the University of Pennsyl- Mr. MCCONNELL. Mr. President, the rado School of Law, where she served vania Law School, where, according to Senate continues to press forward con- as a professor for our colleague Senator the former dean of students, he ‘‘enjoys ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6975 . VerDate Sep 11 2014 01:48 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02NO6.000 S02NOPT1 S6976 CONGRESSIONAL RECORD — SENATE November 2, 2017 the give and take of discussion’’ and is The goals of tax reform used to be EXECUTIVE SESSION ‘‘very fair, considerate, and encour- shared by our Democratic colleagues as aging.’’ well. Over many years, multiple Senate Moreover, as a bipartisan group of Democrats, including the Democratic EXECUTIVE CALENDAR more than 100 law professors put it in a leader himself, have called on Congress The PRESIDING OFFICER. Under letter to the Judiciary Committee, to pass reform. But then something the previous order, the Senate will pro- Professor Bibas’s ‘‘fair-mindedness, changed. It was the President who ceed to executive session and resume conscientiousness, and personal integ- changed, it seems. consideration of the Eid nomination, rity are beyond question,’’ and in their Now we are reading reports that our which the clerk will report. view, ‘‘his judicial temperament will friends across the aisle plan to oppose The legislative clerk read the nomi- reflect these qualities and . he will any tax reform bill at all, regardless of nation of Allison H. Eid, of Colorado, faithfully discharge his duty to apply what is in it. It seems that Democratic to be United States Circuit Judge for the law fairly and evenhandedly in all leadership is praying that this chance the Tenth Circuit. matters before him.’’ to put more money in the pockets of The PRESIDING OFFICER. The Sen- Professor Bibas also reminded us the middle class will not succeed. But ator from West Virginia. that he, like Justice Gorsuch and Jus- why? To protect incentives and encour- TAX REFORM tice Eid, believes in a fair-minded ap- age companies to ship jobs overseas? I Mrs. CAPITO. Mr. President, I rise to proach to the law. In his words, ‘‘Peo- thought they were against those. To give my fifth in a series of speeches ad- ple need to know and believe that prevent working families from keeping dressing what I think will be a monu- judges will apply the law impartially more of what they earn? I assumed we mental achievement of this Senate and and evenhandedly to all litigants, re- were all for that. According to recent House when we pass our tax reform gardless of their wealth or power.’’ He news reporting, Democrats apparently bill. is right. Let’s join together in sup- want to tank tax cuts for the middle I have spoken previously about how I porting him today. class because it might give them a po- believe tax reform will be good in a lot I would like to once again thank Ju- litical leg up. In other words, it seems of different ways. First of all, I talked diciary Committee Chairman GRASS- that this is some kind of game to them. about how this tax reform bill will spur LEY for all his work to bring these im- I certainly hope what we read is not economic growth in our country. Sec- pressive nominees to the floor. To- true. I certainly hope Democrats will ond, I talked about how it would grow gether with the President, we will con- take note of the fact that their latest jobs in small businesses. Third, I tinue working hard to put judges on false talking point about tax reform talked about the benefits working-class the Federal courts who will uphold the just got debunked today as well. This families will have through policies law as it is written, not as they wish it effort is way too important for any of such as the child tax credit.
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