October 31, 2017 CONGRESSIONAL RECORD — SENATE S6899 this history of 3 percent or higher for they can get an inspector to come out physicians, I was able to return to the decades, we are going to surrender be- and see the home so they can be de- Senate after only 10 days of recuper- cause our policies have smothered clared eligible for individual assist- ation. Following my surgery, I received growth, have smothered the American ance. That is just unacceptable. radiation and chemotherapy at Mayo dream. If they don’t have the means—espe- in one of the most modern facilities in Here is the good news. I think we fi- cially if they don’t have a job as a re- the world. nally have a White House that is start- sult of the jobs being destroyed in the I mention this to draw attention to ing to focus on this issue. Certainly, hurricane—where are they going to be Mayo’s renown as a center of excel- the Congress is starting to focus on able to get temporary assistance for lence not only in the treatment of can- this issue, and the Senate is starting to housing? It is a fact that this is hap- cer but in virtually every field of medi- focus on this issue with policies like pening in the State of Florida, and it cine. A nonprofit institution, Mayo has tax reform, with policies like regu- has to be changed. large hospitals in Rochester, Min- latory streamlining, with policies like Thus, you see the bipartisan effort of nesota, Phoenix, and Jacksonville, FL, infrastructure, with policies like en- my colleague from Florida MARCO which employ almost 50,000 people. ergy. As the Presiding Officer knows, RUBIO and me writing to the head of Mayo also operates a network of more our two great States are part of the en- FEMA today to say: Look, what hap- than 70 affiliated hospitals and clinics, ergy renaissance that can drive eco- pened? Years ago, during the debacle of to which more than 1.3 million persons nomic growth well above 3 percent. Hurricane Katrina in New Orleans, turned for treatment this year, pa- As we focus on tax reform, as this they experienced an average wait time tients from all 50 States and 137 dif- body focuses on tax reform, I am hope- of 10 minutes before they could get ferent countries. Moreover, the Mayo ful my colleagues, on both sides of the FEMA on the line to help them. Now system operates several premier col- aisle, can all agree that one of the key we have people waiting as much as 4 leges of medicine and is a world leader elements of what we are doing with re- hours. I wanted to bring this to the at- in medical research. This breadth of gard to tax reform, and every other tention of the Senate. activity, outstanding in each facet, is policy in this body, is to get us back to After a hurricane, 2 months later, we remarkable. It is no exaggeration to traditional levels of U.S. economic cannot have an aftermath where our claim that the Mayo Clinic is central growth, to get us back to where people people are hurting, they are suffering. to the astonishing success of American say: Wow. I have great opportunities. They can’t live in a healthy condition medicine. Look at this economy—not the dol- in the homes that have been destroyed I have made my own career in public drums and the anemic growth and the in the hurricane. service, but as I reflect on my experi- sub-3 percent new normal that we have I yield the floor. ence as a cancer patient, I am humbled been told by other Federal officials to by the example of service to mankind f accept as our fate. provided by the entire Mayo family. I That shouldn’t be our fate. We should RECESS am and will always remain deeply have policies, particularly tax reform, The PRESIDING OFFICER. Under grateful to everyone involved in my that are focused on getting back above the previous order, the Senate stands care. that red line, and I am certainly hope- in recess until 2:15 p.m. RECOGNIZING THE NATIONAL CANCER INSTITUTE ful that all my colleagues—all 100 U.S. Thereupon, the Senate, at 12:59 p.m., Mr. President, I come to the floor Senators—can agree on that goal, recessed until 2:15 p.m. and reassem- today to recognize a remarkable group strong economic growth for American bled when called to order by the Pre- of physicians, people to whom I and families and reigniting the American siding Officer (Mr. PORTMAN). many others owe a profound debt. I dream with strong GDP growth that is refer to the team that has led my much higher than what we have seen in f treatment at the National Cancer In- the last 10 years. EXECUTIVE CALENDAR—Continued stitute of the National Institutes of I yield the floor. Health in Bethesda, MD. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Every year, cancer claims the lives of ator from Florida. ator from Arizona. hundreds of thousands of Americans Mr. NELSON. Mr. President, I ask Mr. MCCAIN. Mr. President, I ask and millions of others across the globe. unanimous consent that I be allowed to unanimous consent that I be recog- It is a relentless and complex disease. speak despite the order for recess. nized to speak as in morning business. It comes in many forms that demand The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without varied and specialized treatments. objection, it is so ordered. objection, it is so ordered. There are many centers of excellence HURRICANE IRMA RECOVERY EFFORT The Senator is recognized. in the struggle against cancer, but NCI Mr. NELSON. Mr. President, it has RECOGNIZING THE MAYO CLINIC plays a special role. The physicians as- been 2 months since Hurricane Irma hit Mr. MCCAIN. Mr. President, I rise sembled there are recruited from the Florida and basically covered up the today to express my deepest gratitude most outstanding medical institutions State, and our people are still hurting to my friends at the Mayo Clinic’s Ari- of the world to lead the fight. Yes, NCI because they don’t have sufficient zona campus, where I was recently conducts its own research and treat- housing. treated for cancer. This is not my first ment programs, and I am among its If you lived in a mobile home, if you obligation to the Arizona branch of many patients, but more importantly, lived in a low-lying area, your home this landmark medical institution, it oversees and funds our national ef- was destroyed. It is uninhabitable. The which has been a synonym for medical fort against cancer, awarding grants ceiling is collapsing. The mold and the excellence for more than 100 years. I re- and supporting a nationwide network mildew, because of all the water which ceived outstanding care for a prior, un- of 69 NCI-designated cancer centers. has now accumulated, makes it an un- related tumor in the year 2000. NCI’s role in the development of anti- inhabitable home. In July of this year, I found myself at cancer drugs has been especially note- FEMA, through individual assist- Mayo once again. It is no exaggeration worthy: Roughly two-thirds of cancer ance, is supposed to provide temporary to say that the team of doctors, nurses, medications approved by the FDA have housing. This is the law. That is what and technicians who looked after me emerged from NCI-sponsored trials. the people of Florida are entitled to— were my salvation. They located and Despite the special tenacity of this just like the people of Texas are enti- removed a brain tumor—a glio- disease, we have made enormous tled to in the Presiding Officer’s blastoma—that threatened my life. I strides. To the lives of cancer patients, State—but it is not happening in Flor- will always be indebted for their timely NCI has added decades where once ida. Why? Because they get on the tele- and skillful intervention and for the there were only years and years where phone, and they have to wait up to— outstanding support provided to my once there were only months. They are documented—4 hours to get somebody family by the entire Mayo community. closing in on the enemy, in all its on the phone from FEMA or, for home Their professionalism is unmatched, as forms, giving hope to millions of fami- inspections, it takes 45 days before is their compassion. Thanks to my lies and offering a real prospect of

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.023 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6900 CONGRESSIONAL RECORD — SENATE October 31, 2017 someday comprehensively eliminating The Democrats have said that the aside a personal preference in a par- this dreaded illness. ABA’s ratings are very important to ticular matter before that judge, she NCI is a large and expert team of sci- them when considering a nominee, shouldn’t hear the case in the first entists, doctors, nurses, technicians, once even calling it the ‘‘gold stand- place. and administrators, and all of them de- ard.’’ Their votes certainly don’t re- These comments come from an arti- serve our thanks. I would like to single flect that. I suspect the ratings don’t cle about potential issues Catholic out for special mention a few who have actually matter to them since they judges may face that Professor Barrett won my particular gratitude and that have voted against most of the ‘‘well wrote in law school. The article was of my family, but NCI has requested qualified’’ nominees this Congress. The about Catholic judges but could have that I not do so. Instead, I will say minority has even requested that I not been written about the biasses of this: All too often in American culture, hold hearings on nominees when the judges of any religion or of no religion we associate heroism with physical committee hasn’t received the ABA at all. My friends in the minority have manifestations of courage—the tough- ratings for that nominee, as if the looked at a few of her comments from ness of the athlete, the daring of the ABA—an outside group—can and this article and seem to have concluded soldier or sailor. My friends, we would should dictate the committee’s sched- that she will base her judicial decisions do well to remind ourselves of and to ule. But even when we have ‘‘well off of what her religion teaches. teach our children the more patient qualified’’ or ‘‘qualified’’ ratings from During her hearing, one Senator even forms of bravery exemplified by our the ABA, the minority still votes implied that Professor Barrett could doctors and nurses and research sci- against these nominees, so the actual not separate her religion from her judi- entists who wage the war against can- significance of the rating to the minor- cial decision making, but Professor cer day after day, year after year. ity doesn’t make a lot of sense. Barrett had said and argued quite the Through their tireless effort, the physi- Furthermore, lack of appellate expe- opposite and had done it several times. cians and researchers of NCI remind us rience hasn’t mattered before. When She believes that it is highly inappro- of the heroes of the medical art, show- President Clinton nominated Justice priate for a judge to use his own reli- ing it to be, as Samuel Johnson called Kagan to the DC Circuit Court of Ap- gious beliefs in legal reasoning. In fact, it, ‘‘the greatest benefit to mankind.’’ peals, she had no appellate experience. she concludes the very article the It has certainly been a great benefit to But I remember my friend from Democrats are concerned with this me, and I am deeply, deeply grateful. Vermont saying that the Senate should way: ‘‘Judges cannot—nor should they The PRESIDING OFFICER. The Sen- vote on her nomination because she ator from Iowa. try to—align our legal system with the was an ‘‘outstanding woman.’’ Her lack church’s moral teachings whenever the Mr. GRASSLEY. Mr. President, of appellate experience didn’t appear to today the Senate will vote on the nom- two diverge.’’ be of concern to my friends in the mi- I think opposition to her nomination ination of Notre Dame Law Professor nority at the time of Kagan’s nomina- Amy Barrett to serve on the Seventh ultimately comes down to the fact that tion coming before the committee, so I Circuit Court of Appeals. She is an her personal views about abortion do don’t understand why the standard is eminently qualified and exceptionally not line up with the minority’s views different now. about abortion. I knew the minority bright nominee who has received praise Another reason some of my col- and support across the legal profession. would ask her about her views on abor- leagues gave when voting against her is tion, so during her nomination hearing, She clerked for Judge Silberman on the that they say she will disregard judi- DC Circuit Court of Appeals and for I took advantage of being the first to cial precedent. Of course, if that is ask her if she would allow her religious Justice Scalia on the Supreme Court. true, that would be a very serious con- She has experience in private practice views to dictate her legal decisions. sideration, but looking at all of Pro- and many years as a law professor She said that she would not. I also fessor Barrett’s writings and listening teaching classes on constitutional Law, asked her if she would follow Supreme to the testimony she gave, not once did Federal courts, statutory interpreta- Court precedent involving abortion, she say that circuit or district court tion, among others. She was appointed and she simply and succinctly an- judges could disregard precedent. In by Chief Justice John Roberts to sit on swered: ‘‘Absolutely, I would.’’ fact, during her hearing, she told the the Advisory Committee on Federal At her hearing, the statement was committee that she understood ‘‘cir- Rules of Appellate Procedure, where made—now, can you believe this?— cuit judges to be absolutely bound by she served for 6 years. ‘‘You are controversial because many Her nomination has also received the precedent of the Supreme Court’’ of us that have lived our lives as wide support. For example, in a letter and that ‘‘circuit courts are bound to women really recognize the value of fi- to the Judiciary Committee, a bipar- follow the precedent of their own cir- nally being able to control our repro- tisan group of law professors encour- cuit.’’ That doesn’t sound like a nomi- ductive systems.’’ aged the committee to confirm her nee who will not respect precedent. In This statement alone is stunning to nomination, saying that Professor Bar- fact, she understands exactly the role me for two reasons—first, that a nomi- rett ‘‘enjoys wide respect for her care- of precedent and the limitations and nee is controversial because she might ful work, fair-minded disposition, and restrictions placed on lower court share the views of over half the coun- personal integrity.’’ Her colleagues at judges. try, which is that abortion is wrong; Notre Dame described her ‘‘as a model Another Senator argued that she has second, that this statement amounts to of the fair, impartial, and sympathetic written provocative things like ‘‘A a religious test. In response, Professor judge.’’ judge will often entertain an ideolog- Barrett said over and over that she has Despite this, all the Democratic ical bias that makes him lean one way no power to overrule Roe or any other members of the Judiciary Committee or the other. In fact, we might safely abortion-related Supreme Court case voted against her nomination in com- say that every judge has such an incli- nor does she have interest in chal- mittee, and I suspect most of the mi- nation.’’ I am not sure why this state- lenging that specific precedent. nority will vote against her confirma- ment is provocative. I think everyone A further statement was made: tion later today. This, of course, is a here knows that every person has their own biases and policy preferences, [R]eligion . . . has its own dogma. The law shame, and it does not speak well of is totally different. And I think in your case, our institution, the U.S. Senate, and I whether or not they are a judge. In professor, when you read your speeches, the would like to explain why. writing this, Professor Barrett shows conclusion one draws is that the dogma lives When the Judiciary Committee voted the awareness to recognize that every loudly within you, and that’s of concern on Professor Barrett’s nomination, I person comes to their job with personal when you come to big issues that large num- listened to the reasons my colleagues biasses and views. This is especially bers of people have fought for years in this gave for voting against her. Some said important for judges to recognize country. that she didn’t have enough experience about themselves. In fact, she is so So the Democrats are saying that to be a circuit court judge. Well, the self-aware that this is a potential prob- women who have personal beliefs that American Bar Association rated Pro- lem for judges that she cowrote an ar- are consistent with their religions are fessor Barrett as ‘‘well qualified.’’ ticle arguing that if a judge cannot set not eligible to be Federal judges even

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.025 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6901 when they have assured the committee, related to free speech and children’s to Rico and the U.S. Virgin Islands, as she did over and over again, that playgrounds. They are not outside the this is not just a natural disaster; it is they strongly believe in following bind- mainstream. also an economic disaster that these ing Supreme Court precedent. If that is Any difference in viewpoint that local governments cannot dig out of on the case—if the minority is enforcing a folks may have with them boils down their own. Our fellow citizens des- religious litmus test on our nominees— to, simply, policy differences, but dis- perately need our help. this is an unfortunate day for the Sen- sent and a difference of opinion do not Listen to what one New Yorker told ate and for the country. equal hate, and it is wrong to compare me about how dangerous things are Others have spoken on the issue of a an organization like the ADF to that of right now, especially for the sick and religious test, but I will remind my col- the Ku Klux Klan or the Nazi Party elderly. leagues that the Constitution specifi- and, by extension, imply that the My constituent was trying to help cally provides that ‘‘no religious test nominees before us sympathize with someone in Puerto Rico who was autis- shall ever be required as a qualification such actual hate groups. tic and bedridden and under the care of to any office under the United States.’’ Finally, I would note that the South- his 93-year-old father. He needed sur- It is one of the most important found- ern Poverty Law Center designates the gery. He was taken to at least three ing principles. I do not think an eval- American College of Pediatricians and separate medical facilities, and he uation of how religious a person is or the Jewish Defense League as hate spent countless hours in an ambulance how religious she might not be should groups. So some of the Southern Pov- with his elderly father. He was trans- ever be a part of that evaluation. erty Law Center’s designations appear ported from one location to the next, We have received many letters on to be discriminatory in and of them- but the medical facilities were finding this topic, including one from Prince- selves. it extremely difficult to communicate ton University’s president, who is a Professor Barrett is a very accom- with each other. After all of that, his former law clerk to Justice Stevens plished, impressive nominee, and we doctor could not find any facility on and happens to be a constitutional know that her personal story is com- the island that would accept him into scholar. He writes that the questions pelling. She has seven children, several its care. He was finally able to get his the Democrats posed to Professor Bar- who were adopted from Haiti and one treatment, but how many more people rett about her faith were ‘‘not con- who has special needs. She is an accom- are still waiting for help? Another of my constituents is strug- sistent with the principle set forth in plished attorney and a well-respected gling to help her father, who is in a the Constitution’s ‘no religious test’ law professor. I will be strongly sup- rural area of Puerto Rico. She has only clause’’ and that the views expressed in porting her nomination today, and I been able to speak to him briefly and her law review article on Catholic urge every one of my colleagues to do exchange limited text messages. Her judges are ‘‘fully consistent with a the same. father suffers from heart issues and judge’s obligation to uphold the law I yield the floor. Ms. KLOBUCHAR. Mr. President, I glaucoma, and he may need a prescrip- and the Constitution.’’ tion refill very soon if not right now. Finally, this morning, my friend wish to explain my vote today in oppo- There are countless more stories just from Illinois justified the Democrats’ sition to the nomination of Amy Coney like these throughout my State and, no questions to Professor Barrett in com- Barrett to serve as a U.S. Circuit Judge doubt, in many of my colleagues’ mittee by noting that I also asked for the Seventh Circuit. In Professor Barrett’s hearing before the Judiciary States as well. questions in the committee about her The $36 billion that is for all of Committee, I focused my questions on article, but there is a difference in sim- Texas, Florida, Puerto Rico, and the Professor Barrett’s views and previous ply asking a nominee if her religious U.S. Virgin Islands is just not enough. views will influence her judicial deci- writings on the circumstances under After Hurricanes Katrina and Rita, it sion making and trying to ascertain which judges must adhere to precedent cost the Federal Government $120 bil- just how religious a nominee is by ask- and on the doctrine of originalism. It lion to rebuild the Gulf Coast. That is ing, ‘‘Do you consider yourself an or- was on the basis of her responses to the amount of funding that we need to thodox Catholic?’’ or by saying, ‘‘The those questions that I have concluded be thinking about for Puerto Rico and dogma lives within you.’’ that I am unable to support her nomi- the U.S. Virgin Islands right now. My questions gave Professor Barrett nation. It will take at least $5 billion just to a chance to explain her law review arti- The PRESIDING OFFICER. The Sen- rebuild Puerto Rico’s power grid, and cle, which was an article I knew the ator from New York. that will not even cover improvements Democrats would question her over. PUERTO RICO AND U.S. VIRGIN ISLANDS to make the system more resilient and The other side’s questions and com- RECOVERY EFFORT more efficient than it was before the ments went to figure out just how Mrs. GILLIBRAND. Mr. President, I storm. Right now, two-thirds of Puerto strongly she would hold to her faith, rise to speak about the disaster supple- Rico still does not have power. That which was the inappropriate line of mental that the Trump administration means no refrigeration so that people questioning. is expected to send to Congress as early can have food to eat or can keep medi- I will make one more related com- as tomorrow. While Congress has cine from spoiling. It means no elec- ment. I mentioned this in the Judici- passed two supplemental aid bills since tricity for oxygen tanks in nursing ary Committee, but I think that it this year’s hurricanes, I want to make homes and no lights at night to keep bears repeating on the floor because it very clear that what we have already people safe. It will take additional the issue will continue to come up. passed is not even close to what we will funding to restore roads so that what- Professor Barrett and a few other need to help Puerto Rico and the U.S. ever supplies do make it to Puerto Rico nominees have a relationship with or Virgin Islands fully recover and re- can actually be delivered, and people ties to the Alliance Defending Freedom build. can get to their loved ones in need. group, which, as several Senators have Hurricane Maria destroyed their The Small Business Administration recently pointed out, has been labeled power grids and has significantly dam- will need billions of dollars to help peo- as a hate group by the Southern Pov- aged their water infrastructure so as to ple rebuild their businesses, which are erty Law Center. When the nominees make clean drinking water dan- vital to their basic economic recovery. have been asked about this, they have gerously scarce. Three of Puerto Rico’s The Army Corps of Engineers will need pointed out that the Southern Poverty biggest industries—manufacturing, fi- funding and the authority to rebuild Law Center’s designation is, in itself, nance, and tourism, which drive their the dams and the ports that were dam- highly controversial. I would say that already struggling economy—remain aged so that commerce can actually go it is completely unfounded. The ADF, severely damaged because the hurri- on, and FEMA will likely need $8 bil- Alliance Defending Freedom, is an ad- cane wiped out so many factories, lion more just to respond to all of the vocacy organization that litigates reli- buildings, and hotels. Many Puerto households that have requested assist- gious liberty cases. It has won six cases Ricans who had jobs the day before ance to repair and rebuild their homes in front of the Supreme Court in the Maria struck no longer have anywhere through its Individual Assistance Pro- past 6 years, including cases that are to go to work. In other words, in Puer- gram.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.027 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6902 CONGRESSIONAL RECORD — SENATE October 31, 2017 In other words, the recovery effort MAY 19, 2017. Law School, Charles S. Rhyne Professor of must be massive. There is no way Re Nomination of Amy Coney Barrett to the Law; Donald Earl Childress III, Pepperdine around it, because we can never turn United States Court of Appeals for the School of Law, Professor of Law; G. Marcus Seventh Circuit. Cole, Stanford Law School, William F. Bax- our backs on fellow citizens, whether ter-Visa International Professor of Law; they are in New York or Texas or Flor- Hon. CHARLES GRASSLEY, Chairman, Committee on the Judiciary, U.S. Barry Cushman, Notre Dame Law School, ida or the U.S. Virgin Islands or Puerto Senate, Washington, DC. John P. Murphy Foundation Professor of Rico. What we need right now is a Mar- Hon. DIANNE FEINSTEIN, Law; Nestor M. Davidson, Fordham Law shall Plan. That is the only way that Ranking Member, Committee on the Judiciary, School, Professor of Law; Marc O. Puerto Rico and the U.S. Virgin Is- U.S. Senate, Washington, DC. DeGirolami, St. John’s University School of Law, Professor of Law; Erin F. Delaney, DEAR CHAIRMAN GRASSLEY AND RANKING lands are ever going to really fully re- Northwestern University Pritzker School of MEMBER FEINSTEIN: We are writing to ex- cover. A new Marshall Plan would help Law, Associate Professor of Law and Polit- Puerto Rico greatly reduce its crushing press our strong support for the nomination of Professor Amy Coney Barrett to the U.S. ical Science; John F. Duffy, University of debt owned by hedge funds, and a new Court of Appeals for the Seventh Circuit. We Virginia School of Law, Samuel H. McCoy II Marshall plan would also completely are a diverse group of law professors who Professor of Law; Brian T. Fitzpatrick, Van- derbilt Law School, Professor of Law; Nicole modernize infrastructure in Puerto represent a broad range of fields and perspec- Stelle Garnett, Notre Dame Law School, Rico and the U.S. Virgin Islands, by re- tives. We share the belief, however, that Pro- John P. Murphy Foundation Professor of fessor Barrett is exceptionally well qualified building their energy grid, hospitals, Law; Richard W. Garnett, Notre Dame Law to serve on the U.S. Court of Appeals, and we roads and bridges, reservoirs, schools, School, Paul J. Schierl/Fort Howard Cor- urge the Senate to confirm her as a judge of dams, and the thousands of buildings poration Professor of Law; Mary Ann that court. and homes that were destroyed by Glendon, Harvard Law School, Learned Hand Professor Barrett has stellar credentials Professor of Law; Michael Heise, Cornell Law these hurricanes. for this position. She received her under- School, Professor of Law; F. Andrew Hessick, graduate degree magna cum laude from I urge all of my colleagues to join me University of North Carolina School of Law, in this effort. We must never stop Rhodes College and her law degree summa Professor of Law; Kristin Hickman, Univer- fighting for Puerto Rico and the U.S. cum laude from the University of Notre sity of Minnesota Law School, Distinguished Virgin Islands to get the funding they Dame, where she finished first in her law McKnight University Professor, Harlan Al- school class. She served as a law clerk to need to fully recover and fully rebuild. bert Rogers Professor in Law; Roderick M. Judge Laurence H. Silberman of the U.S. Hills, NYU Law School, William T. Comfort, I yield the floor. Court of Appeals for the D.C. Circuit and to III Professor of Law; Clare Huntington, Justice Antonin Scalia of the Supreme Fordham Law School, Professor of Law; The PRESIDING OFFICER. The Court. After her clerkships, she practiced President pro tempore, the Senator John Inazu, Washington University Law law in both trial and appellate litigation in School, Sally D. Danforth Distinguished Pro- from Utah. Washington, D.C. at Miller, Cassidy, fessor of Law & Religion; Neal Kumar Mr. HATCH. Mr. President, I ask Larroca, & Lewin, and at Baker Botts. She Katyal, Georgetown University Law Center, has served as a law professor at the Univer- Paul Saunders Professor; William K. Kelley, unanimous consent that I be permitted sity of Notre Dame since 2002. to finish my full speech. Notre Dame Law School, Associate Professor As a law professor, Professor Barrett has of Law; Daniel B. Kelly, Notre Dame Law The PRESIDING OFFICER. Without distinguished herself as an expert in proce- School, Professor of Law; Cecelia M. objection, it is so ordered. dure, interpretation, federal courts, and con- Klingele, University of Wisconsin Law stitutional law. She has published several School, Assistant Professor of Law; Randy J. Mr. HATCH. Mr. President, the Sen- important and influential law review articles Kozel, Notre Dame Law School, Professor of ate will consider this week four nomi- on these topics in leading journals. Although Law; Kurt T. Lash, University of Illinois Col- nations for the U.S. courts of appeals. we have differing perspectives on the meth- lege of Law, Guy Raymond Jones Chair in Two are well regarded professors at ods and conclusions in her work, we all agree Law; Rene´e Lettow Lerner, George Wash- prestigious law schools, and two are that Professor Barrett’s contributions to ington University Law School, Professor of legal scholarship are rigorous, fair-minded, highly respected State supreme court Law; Gregory E. Maggs, George Washington respectful, and constructive. Her work dem- University Law School, Professor of Law; justices. Each of them has received the onstrates a thorough understanding of the Jenny S. Martinez, Stanford Law School, highest rating from the American Bar issues and challenges that federal courts Professor of Law & Warren Christopher Pro- Association, ‘‘well qualified,’’ which confront in their daily work. In addition, we fessor in the Practice of International Law my Democratic colleagues have said is admire Professor Barrett’s strong commit- and Diplomacy; Michael W. McConnell, Stan- the gold standard for evaluating nomi- ment to public service, including her work as ford Law School, Richard and Frances nees. a member of the Advisory Committee on the Mallery Professor of Law; Alan J. Meese, Federal Rules of Appellate Procedure from William and Mary Law School, Ball Pro- I applaud the majority leader for 2010–2016. fessor of Law and Tazewell Taylor Research committing to do what it takes to con- In short, Professor Barrett’s qualifications Professor of Law; Thomas Merrill, Columbia firm these nominees, including, if nec- for a seat on the U.S. Court of Appeals for Law School, Charles Evan Hughes Professor essary, working through the weekend the Seventh Circuit are first-rate. She is a of Law; Robert A. Mikos, Vanderbilt Univer- distinguished scholar in areas of law that sity Law School, Professor of Law. to get it done. matter most for federal courts, and she en- David H. Moore, BYU Law School, Wayne I want to address the state of the joys wide respect for her careful work, fair- M. and Connie C. Hancock Professor of Law; confirmation process by focusing on minded disposition, and personal integrity. Michael P. Moreland, Villanova Law School, one of these nominees, as well as at- We strongly urge her confirmation by the University Professor of Law and Religion; tempts to change the process itself. Senate. Derek T. Muller, Pepperdine University Sincerely, School of Law, Associate Professor of Law; Later today we will confirm Amy Jonathan H. Adler, Case Western Reserve John Copeland Nagle, Notre Dame Law Coney Barrett to the Seventh Circuit. University School of Law, Johan Verheij Me- School, John N. Matthews Professor of Law, She has taught at the Notre Dame Law morial Professor of Law; Richard Albert, Caleb E. Nelson, University of Virginia School for 15 years in fields that are es- Boston College Law School, Professor of School of Law; Emerson G. Spies Distin- Law; William Baude, University of Chicago guished Professor of Law; Grant S. Nelson, pecially relevant to the work of a Fed- Law School, Neubauer Family Assistant Pro- William H. Rehnquist Professor of Law, eral appellate judge. A distinguished fessor; Anthony J. Bellia Jr., Notre Dame Pepperdine University, Professor of Law and diverse group of more than 70 law Law School, O’Toole Professor of Constitu- Emeritus, University of California, Los An- professors at schools from Massachu- tional Law; Patricia L. Bellia, Notre Dame geles; Nell Jessup Newton, Notre Dame Law setts to California and from Minnesota Law School, William J. and Dorothy K. School, Joseph A. Matson Dean and Pro- to Florida wrote that her scholarship is O’Neill Professor of Law; Mitchell Berman, fessor of Law; Michael Stokes Paulsen, Uni- ‘‘rigorous, fair-minded, respectful and University of Pennsylvania Law School, versity of St. Thomas, Minnesota, School of constructive.’’ Leon Meltzer Professor of Law and Professor Law, Distinguished University Chair and of Philosophy; Samuel L. Bray, UCLA School Professor; James E. Pfander, Northwestern I ask unanimous consent to have of Law, Professor of Law; Steven G. University Pritzker School of Law, Owen L. printed in the RECORD that letter. Calabresi, Northwestern University Pritzker Coon Professor of Law; Jeffrey A. School of Law, Clayton J. and Henry R. Bar- Pojanowski, Notre Dame Law School, Pro- There being no objection, the mate- ber Professor of Law; Nathan Chapman, Uni- fessor of Law; Saikrishna Bangalore rial was ordered to be printed in the versity of Georgia School of Law, Assistant Prakash, University of Virginia School of Record, as follows: Professor of Law; Guy-Uriel Charles, Duke Law, James Monroe Distinguished Professor

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.028 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6903 of Law; Robert J. Pushaw, Pepperdine Uni- not. In her hearings she pledged to un- pressing concern that ‘‘the dogma lives versity School of Law, James Wilson En- flinchingly follow all Supreme Court loudly within you.’’ dowed Professor of Law; Michael D. Ramsey, precedents. She said: ‘‘It is never ap- Let me be clear. Inquiring whether a University of San Diego School of Law, Hugh nominee will have her judicial prior- and Hazel Darling Foundation Professor of propriate for a judge to apply their per- Law; Richard M. Re, UCLA School of Law, sonal convictions whether derived from ities straight regarding the law and her Assistant Professor of Law; Cassandra Burke faith or personal conviction.’’ This has personal views is one thing. Inquiring Robertson, Case Western Reserve Law been her view for nearly two decades. about her religious beliefs themselves School, Professor of Law and Laura B. In a 1998 law journal article she coau- is something very different, and I be- Chisolm Distinguished Research Scholar; thored, she explored the real-world sit- lieve it should be off limits. Nicholas Quinn Rosenkranz, Georgetown uation of how a judge should approach I enthusiastically support Professor University Law Center, Professor of Law; the death penalty when her religious Barrett’s nomination precisely because Stephen E. Sachs, Duke Law School, Pro- she knows the difference between her fessor of Law; Sean B. Seymore, Vanderbilt beliefs counsel against capital punish- Law School, Professor of Law; David Arthur ment. Professor Barrett wrote that personal beliefs and the law and she is Skeel, University of Pennsylvania Professor ‘‘judges cannot, nor should they, try to completely committed to maintaining of Law, S. Samuel Arsht Professor of Cor- align our legal system with the that distinction when she becomes a porate Law; Steven D. Smith, University of church’s moral teaching whenever the judge. San Diego School of Law, Warren Distin- two diverge.’’ Let me now take a step back from guished Professor of Law; Lawrence Solan, In her hearing, I asked Professor Bar- this nominee and focus on the con- Brooklyn Law School, Don Forchelli Pro- rett about this article and about what firmation process itself. fessor of Law; Kevin M. Stack, Vanderbilt The Constitution gives the power to Law School, Professor of Law; John F. should happen when a judge faces a Stinneford, University of Florida Levin Col- conflict between her personal views nominate and appoint judges to the lege of Law, University Term Professor; Kate and the law. I wanted the record to be President and it gives the power of ad- Stith, Yale Law School, Lafayette S. Foster crystal clear so that her views would vice and consent to the Senate as a Professor of Law; Catherine T. Struve, Uni- not be distorted or misrepresented. check on the President. The latest dis- versity of Pennsylvania Law School, Pro- Here is what she said, as shown on this pute about the Senate’s part in this fessor of Law; Lisa Grow Sun, BYU Law chart: process concerns a practice used in the School, Associate Professor of Law; Jay Judiciary Committee to highlight the Tidmarsh, Notre Dame Law School, Judge I believe that the law wins . . . if a judge James J. Clynes, Jr., Professor of Law; ever felt that for any reason she could not views of Senators regarding judicial Amanda Tyler, University of California, apply the law, her obligation is to recuse. I nominees who would serve in their Berkeley School of Law, Professor of Law; totally reject and I have rejected throughout States. Judiciary Committee chairmen Adrian Vermeule, Harvard Law School, my entire career the proposition that a judge have come to use a blue piece of paper Ralph S. Tyler, Jr. Professor of Constitu- should decide cases based on a desire to to inquire about a home State Sen- tional Law; Christopher J. Walker, Ohio reach a certain outcome. ator’s views on a particular nominee. State University Moritz College of Law, As- Her critics appear, to put it most We call it the blue slip. sociate Professor of Law; Kevin C. Walsh, charitably, to have read a different ar- Today Democrats and their grass- University of Richmond School of Law, Pro- ticle by a different Professor Barrett. fessor of Law; Jay D. Wexler, Boston Univer- roots and media allies are demanding sity, Professor of Law; Ernest A. Young, My Democratic colleagues observed that the blue-slip process be used as a Duke Law School, Alston & Bird Professor of that religious dogma and the law are single-Senator veto, even though the Law. different—so far, so good, as far as I am vote is for a court of appeals judge who Mr. HATCH. Mr. President, the criti- concerned. But then there is this: ‘‘The will represent a wide variety of States cisms of Professor Barrett are laugh- dogma lives loudly within you, and if not the whole country. They demand able and ridiculous. One leftwing that is of concern.’’ Can you imagine, that a single home-State Senator be group, for example, objects because she in this day and age, one of our col- able, at any time and for any reason, to has no judicial experience. I don’t re- leagues asking a question like that? stop a nomination dead in its tracks call this group being concerned about Professor Barrett, as I described, has without any Judiciary Committee con- the nearly 60 appeals court judges ap- consistently argued for nearly 20 years sideration at all. That is ridiculous. pointed by recent Democratic Presi- that judges may not decide cases based I can understand why they want to dents who had no prior judicial experi- on their personal religious beliefs. So weaponize the blue slip like this. After ence. In fact, President Clinton ap- what is the problem? It appears that all, they once used the filibuster to pointed a judge with a profile strik- the problem for some critics is not Pro- prevent confirmation of Republican ingly similar to Professor Barrett’s—a fessor Barrett’s religious faith in gen- judges but then abolished nomination woman who clerked on both the U.S. eral but the particular religious faith filibusters so that no one else could use court of appeals and the U.S. Supreme she has. Now this sounds disturbingly them. Today, Democrats are trying to Court and who, after a few years in pri- like a religious test for public office. In turn the blue-slip process into a de vate practice, taught at a well-known fact, it is a religious test by some of facto filibuster. They want a single Midwestern law school for 15 years and our colleagues, who ought to be Senator to be able to do in the Judici- then received the ABA’s highest rating ashamed of themselves. ary Committee what it once took 41 to serve on this very same court. Left- I thought America’s Founders put Senators to do on the Senate floor. wing groups supported the Democratic that to rest when they wrote article VI Shortly after Democrats abolished President’s nominee but opposed the of the U.S. Constitution, prohibiting a nomination filibusters, Judiciary Com- Republican President’s nominee. religious test for public office. I mittee Chairman PATRICK LEAHY It appears that Professor Barrett has thought we had grown past periods in warned: ‘‘As long as the blue-slip proc- one big strike against her, and that is our history when suspicion was leveled ess is not being abused by home-state her religious faith—an important part against someone running for public of- Senators, then I will see no reason to of her life, by the way. That is all it fice simply because of the church to change that tradition.’’ He was right. takes for her critics to say that she has which he or she belonged. I thought the The key is to know when that line has no place on the Federal bench, that free exercise of religion protected by been crossed, and Senator LEAHY made women or men with such personal reli- the First Amendment included being that point. gious faith cannot be impartial judges free from that kind of suspicion and I have served on the Judiciary Com- who respect the rule of law. That is prejudice. mittee for more than 40 years. That ex- bunk. It is ridiculous, it is despicable, Earlier today, the assistant Demo- perience leads me to suggest two it is stupid, and it is beneath the dig- cratic leader tried to distract attention things that can help us prevent abuse nity of this body. I strongly reject that from the clearly inappropriate exam- of this part of the confirmation proc- view. I find it appalling. ination of Professor Barrett’s religious ess. The first thing to keep in mind is These critics apparently believe that beliefs. He suggested that by asking the history of the blue-slip process. judges decide cases based on their per- Professor Barrett whether a judge’s Now, 19 Senators have chaired the sonal beliefs. They may believe that, personal beliefs should take precedence Judiciary Committee, including me, but Professor Barrett certainly does over the law is no different than ex- since this practice began in 1917—10

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.025 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6904 CONGRESSIONAL RECORD — SENATE October 31, 2017 Democrats and 9 Republicans. Only 2 of that a unanimous cloture vote was not just much more fairly but absolutely those 19 chairmen have treated the followed immediately by a confirma- more fairly. This is really pathetic. I blue slip as a single-Senator veto. Ac- tion vote. hope we can somehow or other bring cording to the Congressional Research What is going on here? What is wrong ourselves to treat each other on both Service, until the 1950s, no Judiciary with our colleagues on the other side? sides better. Committee chairman treated a nega- Why are they doing this? They could With regard to judges, whoever is tive blue slip as a single-Senator veto. have taken a few hours but instead President ought to be given great con- Home-State Senators could express took 2 weeks from the filing of the clo- sideration for the choices. That is what their objections in confirmation hear- ture motion to the final unanimous we do when we elect a President. I ings, and the Judiciary Committee confirmation vote that took place here. know it is tough on the other side that might report a nomination to the Sen- Now, this is not the only time Demo- President Trump is the President, but ate with a negative recommendation, crats forced cloture votes to slow con- he is the President, and he is picking but in each case the process moved for- sideration of nominees they end up really excellent people for these judi- ward. supporting. What was the point of all cial nominations. I hope we start Senator James Eastland, who was that? It is simple. Democrats want to changing this process and get it back chairman when I first joined the Judi- make confirming President Trump’s to being a reasonable, effective, honest, ciary Committee—a Democrat—was judicial nominees as cumbersome and and good process. the first chairman to treat a negative time-consuming as possible. With that, I yield the floor. blue slip more like a veto. Since then, At this point in President Obama’s The PRESIDING OFFICER. The ma- according to CRS, the blue-slip policy first year, when Republicans were in jority leader. Mr. MCCONNELL. Mr. President, I has been modified to ‘‘prevent a home- the minority, the Senate took cloture ask unanimous consent that notwith- state Senator from having such abso- votes on less than 1 percent of the ex- standing rule XXII, that at 3:30 p.m. lute power over the fate of a nominee ecutive and judicial branches—1 per- today, there be 30 minutes of from their state.’’ cent of all the nominees that we con- postcloture time remaining on the Bar- Under Chairman Ted Kennedy, for ex- firmed. This year, with Democrats in rett nomination, equally divided be- ample, a negative blue slip did not stop the minority playing confirmation tween the leaders or their designees; consideration of a nominee. Chairman spoiler, the Senate has been forced to that following the use or yielding back Joe Biden actually put his policy in take cloture votes on more than 27 per- of that time, the Senate vote on the writing in a letter to President George cent of the nominees we confirmed. In confirmation of the Barrett nomina- H.W. Bush in early 1989. A negative fact, including those we take this tion; and that if confirmed, the motion blue slip, wrote Chairman Biden, would week, Democrats have forced us to to reconsider be considered made and not be a veto if the administration had take 51 cloture votes on President laid upon the table and the President consulted with home-State Senators. Trump’s nominees so far this year. be immediately notified of the Senate’s That is seven times as many as during When I became chairman of the Judici- action. ary Committee in 1995 and again in the combined first years of all nine The PRESIDING OFFICER. Without 1997, I wrote the White House Counsel Presidents since the cloture rule has objection, it is so ordered. that I would continue the Biden policy. applied to nominations. The Senator from Arizona. The second thing to remember is the These were the nominations under Mr. FLAKE. Mr. President, I rise to purpose of the blue-slip process. As I Obama and this is President Trump. discuss a matter of religious liberty. In wrote in both 1995 and 1997, it is ‘‘a What is going on here? That is seven particular, I urge this body to respect courtesy the Committee has estab- times as many as during the combined our constitutional values and avoid lished to ensure that the prerogative of first years of all nine Presidents since any hint of applying religious tests to home state Senators to advise the com- the cloture rule applied to nomina- those who heed the call of government mittee of their views is protected.’’ tions. service. Nearly two decades later, in the 2014 In 2013, Democrats abolished the abil- Freedom of religion is as op-ed I wrote for The Hill, I said the ity of 41 Senators to prevent confirma- foundational a principle as we have in same thing—that highlighting the tion. Today, they are demanding the this country. Yet some in this Chamber views of home-State Senators encour- ability of just one Senator to prevent want to take a cabined view of it. If ages genuine consultation with the confirmation. If that is not an abuse of you are a judicial nominee, it is fine to Senate when the President chooses ju- the confirmation ground rules, I don’t attend the occasional worship service, dicial nominees. know what is. but don’t let on that you take it too se- The history and purpose of the blue- It would be a mistake to do to the riously. That seems to be unacceptable. slip process will help identify when it blue-slip process what has been done to From the inception of our Republic, is being used properly and when it is other elements of the Senate’s advice religious believers have chosen to serve being abused, and, believe me, con- and consent role. This can be prevented the country in countless ways. Wheth- firmation abuses have occurred. Before by following the less partisan guidance er through the Armed Forces, holding 2001, for instance, only 1 percent of ju- of history and purpose to chart our way elected office, or sitting on the courts, dicial nominees with no opposition forward. Americans of faith always answered were confirmed by a time-consuming The blue-slip process exists to high- the call. We should welcome this serv- rollcall vote. Under President George light the views of home State Senators ice, and we should not sit idly by while W. Bush that figure jumped to 56 per- and of course to encourage the execu- others question the propriety of their cent. tive branch in this country—whoever is service by suggesting a de facto reli- Before 2001, there had been four fili- the President—to be open to the feel- gious test. busters of judicial nominees and no ings of the home State Senators and to The Framers of the Constitution majority-supported judicial nominee consult with them when choosing judi- were fearful of this very thinking. had ever been defeated by a filibuster. cial nominees. If it is serving those They understood the importance of re- Under President George W. Bush, purposes, the blue-slip process should ligious participation and foresaw the Democrats conducted 20 filibusters and not become yet another tactic for hi- benefits religious believers of all back- ultimately kept multiple appeals court jacking the President’s power to ap- grounds would contribute to the com- nominees from being confirmed. point judges. mon good. They also knew, from cen- In July, we held another unnecessary What we have going on here today turies of war and suffering in Europe, cloture vote on a district court nomi- with President Trump’s nominees is the high cost of religious intolerance. nee. hypocritical, and it is wrong. It is de- That is why they made it clear in ar- After voting 97 to 0 to end the debate bilitating to the courts, and it is un- ticle VI of the Constitution that no that no one apparently wanted in the constitutional. It bothers me that my public officers could be subject to a re- first place, Democrats forced us to colleagues on the other side are doing ligious test. This edict was entirely un- delay the confirmation vote by 2 more this when they, themselves, were treat- ambiguous in its language and its in- days. This was the first time in history ed much more fairly by our side—not tent. This country is to be served by

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.031 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6905 people of all faiths, committed to the who will stand up for the liberal values In the Judiciary Committee, some Constitution and the common good. It of religious tolerance? Some have, like Democrats attempted to argue against is up to us to question the qualifica- Professors Larry Tribe, Noah Feldman, Professor Barrett’s nomination because tions and jurisprudence of nominees, and Chris Eisgruber. They have said: of the Law Review article she coau- not their religious views. Enough. Who here will join them? thored almost 20 years ago. I don’t Unfortunately, that is not what is This very body is made up of individ- have time to discuss the article in happening to Professor Barrett. I was uals from around 15 different faiths. depth, but suffice it to say that Pro- at the confirmation hearing, where she Each of us has sworn an oath to uphold fessor Barrett has been attacked for, in faced inappropriate questions and ob- the Constitution. Each of us here feels effect, professing her Catholic faith. jections based on her religious views. I we can competently carry out our du- Her article, however, makes clear witnessed a citizen heeding the call to ties, as do those in the judicial branch that any line of criticism that she serve her country, only to face inquir- who swear a similar oath to uphold the would somehow subjugate the rule of ies into her religious beliefs that bor- Constitution. law and the Constitution to her reli- dered on ridicule. My friends on the Let us stand together today without gious views is baseless. That same Law other side of the aisle defended their equivocation and say no to religious in- Review article said: ‘‘Judges cannot— questions and their conduct, and I tolerance in all its forms by examining nor should they try to—align our legal don’t doubt their sincerity, but there is the jurisprudential views and profes- system with the Church’s moral teach- little comfort in the defense that it sional qualifications of judicial nomi- ing whenever the two diverge.’’ In doesn’t matter that Professor Barrett nees, not their relationship with the other words, Professor Barrett is a is a Catholic, but somehow it matters Almighty. strong proponent of upholding the rule what sort of Catholic she is. These are I yield back. of law over privately held desires for The PRESIDING OFFICER (Mr. unconstitutional distinctions without what it should say, whether they are HOEVEN). The assistant majority lead- differences. based on one’s religious convictions or In addition, otherwise respectable er. some other reason. Mr. CORNYN. Mr. President, last news outlets have provided sensational Former Chief Justice William night we held a cloture vote on the reports of Professor Barrett’s personal Rehnquist once said that no judicial nomination of Amy Coney Barrett, who nominee is a tabula rasa—a blank charismatic religious practices. As a has been nominated to the U.S. Court Member of the Senate, I find this trou- slate. That is also true of Ms. Barrett. of Appeals for the Seventh Circuit. She is a person of faith who doesn’t bling, as a person of faith, I find this Thanks to a unanimous consent re- hide it, and she certainly need not objectionable, and above all, as an quest by the majority leader just mo- apologize for it either, nor is it a dis- American, I find this abhorrent. ments ago, we will be voting on that It is religious liberty—enshrined in nomination at around 4 p.m. That ap- qualification for her serving as a judge constitutional provisions like article peals court covers cases from Indiana, on the circuit court of appeals. The article she coauthored 20 years VI and the First Amendment—that has Illinois, and Wisconsin. allowed my faith and so many others By all accounts, Professor Barrett is ago stated that judges should not shy to flourish in the United States. It is a devoted wife and the mother of seven away from honoring and upholding also religious liberty that is threatened children. She is also an exemplary core tenets of their religious faith and when we seek to evaluate the fitness of scholar whose research focuses on Fed- recusing or disqualifying themselves nominees for high office based on reli- eral courts, constitutional law, and when—in very rare cases—judicial deci- gious orthodoxy. statutory interpretation. By all ac- sion making may constitute coopera- I have endeavored to be consistent on counts, she is a consummate profes- tion with evil. In other words, if there this issue during my time in public sional, a beloved teacher, a gifted writ- were a conflict between her religious service. When the Presidential nominee er, and a generous person. There is no beliefs and the law in a way that she of my party—the party of Lincoln— doubt in my mind she would make an could not reconcile, clearly she would called for a Muslim ban, it was wrong, excellent addition to one of our Na- make that choice, in an individual and and I said so. That is not what we tion’s highest courts. rare case, by recusing herself from de- stand for. When a judge expressed his We know, based on what we have ob- ciding that case rather than imposing personal belief that a practicing Mus- served in the Senate since President her religious views or other deeply held lim shouldn’t be a Member of Congress Trump was sworn in on January 20— personal views in place of the Constitu- because of his religious faith, it was and some of the comments made by the tion and the law. That is commendable. wrong; that this same judge is now my distinguished former chairman of the It is not controversial—or it shouldn’t party’s nominee for the Senate from Senate Judiciary Committee from be. To attempt to faithfully honor both Alabama should concern us all. Reli- Utah, Senator HATCH—we know that the law and one’s deeply held moral gious tests have no place in Congress. our Democratic colleagues are delib- convictions is what we all do every Standing up for people of faith— erately slow-walking judicial and other day. It is not an either/or situation. whether Muslim or Catholic—who are nominations, but it makes absolutely Some liberal interest groups have en- facing unfair prejudice should be an act no sense to slow-walk the nomination gaged in smear tactics against Pro- of basic conscience. It should be ex- of Professor Barrett. fessor Barrett. They are trying to dis- pected of all of us, regardless of party. They should remember some of their credit her by making spurious claims It is no better for Democrats to evalu- own previous statements. For example, about organizations that she has given ate the judicial nominee based on how the senior Senator from Vermont said presentations to and by distorting the many books are in the Bible on which in 2013: ‘‘We need more women in our text of the very article I just men- she swears her oath, than it is for Re- Federal courts,’’ emphasizing that tioned. We all remember, for example, publicans to judge a Congressman who ‘‘women are grossly underrepresented’’ questions during the Judiciary Com- swears his oath on the Koran. there. Well, Professor Barrett would mittee hearing about ‘‘orthodox Catho- To suggest that somehow a Roman help solve what the Senator from lics.’’ One of my colleagues admitted to Catholic judge would discard the Con- Vermont claimed he saw as a problem. having an ‘‘uncomfortable feeling’’ stitution in favor of Church doctrine— The junior Senator from Washington about the nominee and stated with which she has emphatically and repeat- that same year said that having more mild disdain that ‘‘the dogma lives edly said she would not—is as wrong as females on the court is ‘‘incredibly im- loudly within’’ Professor Barrett— suggesting that a Muslim judge would portant.’’ I agree. That is all the more whatever that means. This sort of be somehow forced to follow sharia law reason for this body to expedite Pro- backhanded way of painting the pro- over the Constitution. fessor Barrett’s confirmation instead of fessor as somehow radical or out of the Religious liberty must not depend on dragging our heels because, as I said mainstream, insinuating that because the religion in question. So I ask, in yesterday, thanks to the former Demo- her moral views may be unfashionable light of these circumstances, who will cratic majority leader, Harry Reid, the in some of the circles in which some of stand today against all cases of reli- Democratic’s delay tactics will not the Senators operate—the idea that gious bigotry? Are there true liberals change the outcome. they are somehow disqualifying should

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.033 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6906 CONGRESSIONAL RECORD — SENATE October 31, 2017 be completely out of bounds in the I yield the floor. Also, 450 former students signed a United States of America because our I suggest the absence of a quorum. letter to the Judiciary Committee in Constitution prohibits religious tests The PRESIDING OFFICER. The support of Professor Barrett’s nomina- for public service. clerk will call the roll. tion. They wrote: ‘‘Our support is driv- In the strongest of terms, I reject The assistant bill clerk proceeded to en not by politics but by a belief that this line of questioning or the insinu- call the roll. Professor Barrett is supremely quali- ation that follows from it. If we tol- Mr. YOUNG. Mr. President, I ask fied.’’ erate this sort of commentary and unanimous consent that the order for All 49 of her fellow faculty members these religious tests, I fear that even the quorum call be rescinded. at Notre Dame Law School did the worse, more openly hostile religious The PRESIDING OFFICER. Without same. They said: objection, it is so ordered. discrimination will result down the We have a wide range of political views, as Mr. YOUNG. Mr. President, I rise road. We should not start down this well as commitments to different approaches today to speak in support of a fellow to judicial methodology and judicial craft. path. Hoosier, Amy Coney Barrett, who has I join my colleague, the senior Sen- We are united, however, in our judgment been nominated by President Trump to ator from Utah, who questioned quite about Amy. serve on the U.S. Circuit Court of Ap- legitimately whether certain of our Their endorsement comes as no sur- peals for the Seventh Circuit. colleagues were beginning to impose an prise since Professor Barrett has served Professor Barrett’s credentials are on committees dedicated to bettering inappropriate, unconstitutional, and well known. She is a mother of seven highly disconcerting religious litmus the lives of students, faculty, and em- children, a distinguished legal scholar ployees of the University of Notre test for public office. Of course, there at the University of Notre Dame Law should never be such a test, not in the Dame. School, where she herself graduated In particular, she has dedicated her United States of America under this with high honors and served as editor Constitution. time to the professional development of the Notre Dame Law Review. She of women. She serves on the University In Professor Barrett’s case, she clerked for Justice Antonin Scalia on passes with flying colors the only tests of Notre Dame’s Committee on Women the Supreme Court of the United Faculty and Students. As the faculty that are appropriate. Let’s talk for a States and Judge Silberman on the Cir- moment about her impeccable creden- adviser for Notre Dame Law School’s cuit Court for the District of Columbia, Women’s Legal Forum, she has twice tials, which show not only that she is and she is an expert on the Federal highly intelligent but also that she is been recognized by her students with courts. the Distinguished Teaching Award, widely respected by a diverse array of Unfortunately, some of my col- which is selected by the graduating students, scholars, and practitioners. leagues on the left have made an issue class to honor a faculty member. She She received her undergraduate de- of Professor Barrett’s Catholic faith. was selected twice to receive that gree magna cum laude from Rhodes Echoing what Leader MCCONNELL has award. College and her law degree summa cum said, we do not have religious tests for laude from the University of Notre One former student, Conor Dugan, office in the United States of America, shared his story about her willingness Dame, where she finished first in her period. to help him navigate the next steps of law school class. She has been twice se- I applaud all of those who have spo- his career right after law school. He lected as the Distinguished Professor of ken up as the Senate weighs Professor the Year at Notre Dame, where she has Barrett’s confirmation. That includes said that despite not having Professor taught since the year 2002. Notre Dame president, Rev. John Jen- Barrett for a big class, she wrote him It is clear that her students love her. kins. He expressed deep concern at the back right away and took time out of They seek out her classes and are in- questioning of Professor Barrett’s her busy schedule to help someone who spired by her formidable presence and faith. Following Professor Barrett’s was no longer at the school. Conor says Professor Barrett has al- her piercing analysis. All of her fellow hearing in the Senate Judiciary Com- ways been very responsive and a gen- faculty members have endorsed her. mittee, Reverend Jenkins wrote: ‘‘It is erous mentor over the years. Most im- Every full-time member of the Notre chilling to hear from the United States portantly, he said, she tries to help Dame law faculty has supported her Senator that this might now disqualify people keep their perspective about the nomination. As on any law school fac- someone from service as a federal ulty, that presumably includes schol- most important things in life. judge.’’ Judge Silberman, for whom Professor ars who self-identify as liberal. The president of Princeton Univer- Barrett clerked on the Circuit Court In a separate letter, 70 law professors sity has also asked the Senate to avoid for the District of Columbia, had the from across the country, representing a a religious test in judicial appoint- following to say about why she will broad range of political perspectives ments. In a letter to the Senate Judici- make an outstanding Federal judge: and areas of expertise, called the pro- ary Committee, President Eisgruber fessor’s qualifications ‘‘first-rate.’’ wrote that Professor Barrett and all She is an honorable and straight as an arrow woman. She looks at the law without They strongly urged her confirmation nominees ‘‘should be evaluated on the preconceived notions, and she’s brilliant. She by the Senate and explained that Ms. basis of their professional ability and is the only law clerk I ever had from Notre Barrett ‘‘enjoys wide respect for her jurisprudential philosophy, not their Dame, and she is as smart as any law clerk careful work, her fair-minded disposi- religion.’’ He wrote: ‘‘Every Senator I have ever had. She is compassionate, and tion, and her personal integrity.’’ That and every American should cherish and she has a lively sense of rumor. is exactly the type of person we need safeguard vigorously the freedom guar- Judges, former law students, fellow on the Federal bench. anteed by the inspiring principle set law professors, and even the American Finally, Professor Barrett’s legal ex- forth in Article VI of the United States Bar Association, who rates Professor perience is not just as an academic; she Constitution.’’ Barrett as ‘‘well qualified,’’ all seem to clerked for two highly respected Despite the rhetoric surrounding agree that she is well suited for the judges—Judge Laurence Silberman of Professor Barrett’s nomination, I have job. the DC Circuit and the late Justice yet to hear any significant doubts Now, being nominated to serve in a Antonin Scalia of the U.S. Supreme about her legal qualifications. lifetime appointment for a U.S. circuit Court. She followed those clerkships by Professor Barrett has made clear court of appeals is a privilege few in practicing appellate law at the pres- that her personal views will have no the legal profession will ever attain. tigious Houston-based law firm of bearing on her rulings as a judge. She This is a historic opportunity, as Pro- Baker Botts. These and other qualifica- brings the skill set and the tempera- fessor Barrett would be the first Hoo- tions show that Professor Barrett ment needed for the job. She will rule sier woman to have a seat on the Sev- would serve the cause of justice skill- according to the law and according to enth Circuit Court. fully and impartially. controlling precedents, and she will be I offer my strong support for Pro- I will close by saying to my col- faithful to the Constitution. There is fessor Barrett’s nomination, and I look leagues, let’s send Amy Barrett to the no question that Professor Barrett will forward to the Senate’s confirming her Seventh Circuit, where she belongs. make an outstanding appellate judge. today.

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.034 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6907 Thank you, Mr. President. Even when the United States, in its what it says—then, the judge looks at I yield the floor. earlier times, may have quietly dis- what the law says—not what it should The PRESIDING OFFICER. Under criminated against people of faith, it say, in his or her opinion, but what the the previous order, there are now 30 was never publicly stated. Sometimes law does say. So there is no real room minutes of postcloture time remaining, it took a long time for the first Jew to for a faith determination there. The equally divided between the two lead- serve on the Court and a little time for only job of the judge is to decide what ers or their designees, prior to a vote the first Catholic to serve on the Su- the law says. The second job, if there is on the confirmation of the Barrett preme Court, but there was never a a second job, would be to ensure that it nomination. stated question like there has been in also conforms to what the Constitution The Senator from Missouri. this Senate about those topics. It is says the Congress and the President Mr. BLUNT. Mr. President, I am here shocking, in many ways, that it would are allowed to do. today to join my colleague from Indi- be something we would be talking One thing the Congress and the Con- ana in support of the nomination of about in the United States of America stitution are not allowed to do is to es- Amy Coney Barrett to be on the U.S. today. tablish a religious test for public of- Court of Appeals for the Seventh Cir- The idea that a qualification for pub- fice. Whether Americans have any faith cuit. As we all know, that is the high- lic office would require a religious test, or no faith at all, they should be con- est court you can serve on, except for in fact, was specifically prohibited not cerned if we begin to talk about this the Supreme Court. The circuit court just in the Bill of Rights, in the protec- differently. Even though it was already is the court that often makes the final tions for religion there, but in the Con- in the Constitution, the Founders list- determination of what the law says if stitution itself. The people who wrote ed freedom of religion as the first free- the Supreme Court chooses not to act the Constitution did so at a time when dom in the First Amendment. No other or isn’t asked to act. These are impor- a religious test was often the test for country has ever set out as one of its tant jobs to be filled and carry great service and of fealty to a specific reli- foundational principles freedom of reli- responsibility. gion or the tradition of fealty to the gion. This week, Amy Coney Barrett, two monarch, who was the head of the President Jefferson—not known to be other women, and one man will come church in that country. Many coun- the most religious of all of our Presi- before this Senate to be confirmed to tries had a church where the monarch dents and maybe to be the most ques- various circuit courts around the coun- was clearly understood to be the prin- tioning of religion generally—said in a try. As others have come to the floor cipal representative of the church in letter in the last year of his Presidency to point out, she is extremely qualified. that country. Even in a time when that that of all of the rights that we have, She should be confirmed by the Senate was still the case and fresh in their the one we should hold most dear is this week. minds and when there may have been what we called the right of con- In letters to the Senate Judiciary religious tests in some of the colonies— science—the right to believe what your Committee, 73 law professors agreed even then—in the Constitution, article conscience leads you to believe is the that ‘‘Professor Barrett’s qualifica- VI says: ‘‘No religious Test shall ever right thing to believe. Jefferson said tions for a seat on the U.S. Court of be required as a Qualification to any that is the right we should hold most Appeals for the Seventh Circuit are Office or public Trust under the United dear. Whether you are Muslim or Jew- first rate.’’ States.’’ ish or Catholic or Buddhist or any Her former law school students wrote So is it even appropriate to ask a re- other faith or no faith at all, there is that they would like to see her on the ligious question? Most questions in no religious test. For any individual court. America you are free to ask, but are and for all individuals of any faith or She is a distinguished scholar in you free to ask that under the deter- all faiths or no faith, religious freedom areas of law that matter most to the mination of the Constitution, as if it includes the right of an individual to Federal courts. She respects the Con- matters? In response to this line of live, to work, to associate, and, if they stitution. She understands that the job questioning, some members of the Sen- choose, to worship in accordance with of a judge is to see what the Constitu- ate Judiciary Committee made it clear their beliefs. tion and the law say, rather than what that it is never appropriate for those The belief that a person’s religion she thinks they should say. She is questions to be asked, while others would in some way disqualify that per- known for her careful work, for her asked them. But Professor Barrett, in son from public service has to be fairminded disposition, and for her per- her own writings, has said that if a per- strongly and fully rejected. sonal integrity. son’s religious faith or their faith prin- There is no other legitimate question Similar things have been noted by ciples ever become an obstacle to de- raised about this nominee today. So people who served with her as Supreme termining what the law says, then they certainly I am pleased to see many of Court law clerks. Law clerks, her should step back and not be a part of my colleagues come to the floor to talk former students, and lots of other that case. They should not, according about this topic. Professor Barrett did groups that have had reason to know to her, impose their personal convic- receive some bipartisan support on the her and evaluate her work over the tions on the law but read what the law cloture vote yesterday. One way to years have been universal in one thing; says. If they can’t do that, they should demonstrate that there is clearly no that is, that she would be a great addi- make way for a judge who can. I think, objection to a person of faith, who says tion to a circuit court in the United maybe, that is one of the differences in that faith should never get in the way States and particularly to this court. a judicial nominee who believes that of the job they do as a judge, is simply It is discouraging that during her their job is to determine what the law to vote for the judge. confirmation hearings, several of my says as opposed to determining what I intend to do that today. I urge my colleagues felt it appropriate to ques- the law should say. colleagues to do that as well. A life- tion Professor Barrett’s faith. She is So we have somebody here who is time appointment to the circuit court not the only one of President Trump’s well prepared, well written, and who of the United States of America is no nominees who have been subject to this has clearly made the case that her job small obligation. It is no small trust in line of questioning. In fact, in June, as a judge—or any judge’s job—would an individual’s capacity to do the job one Senator held out the idea that a not be to determine what the law that you ask them to do. All of the person who was going to be in the Of- should say based on their view of faith nominees—the four circuit nominees fice of Management and Budget might or their view in the world but to look whom we will have before us this not be well suited or able to serve in at the law and say: What does the law week—are prepared for these jobs. I that job not because he didn’t have the say? wish them happy service and a long background, not because he didn’t have The Constitution guides the Con- and healthy life as they set out on the the preparation, not because he didn’t gress. The Congress passes the law. As task that they have agreed to accept, if know what the job was all about but long as that law meets constitutional and when they are confirmed, and this because of his answers to questions principles based on what the Constitu- week the Senate will confirm them to about his personal view of faith. tion says—not what it should say, but these jobs.

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.035 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6908 CONGRESSIONAL RECORD — SENATE October 31, 2017 I yield the floor. Senate the pending cloture motion, EXECUTIVE CALENDAR I suggest the absence of a quorum. which the clerk will state. WASTEFUL GOVERNMENT SPENDING AND The PRESIDING OFFICER. The The senior assistant legislative clerk ECONOMIC GROWTH clerk will call the roll. read as follows: Mr. PERDUE. Mr. President, since The bill clerk proceeded to call the CLOTURE MOTION 2001, the Federal Government has ex- roll. ploded in constant dollars from $2.4 Mr. HOEVEN. Mr. President, I ask We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the trillion in 2000 to last year almost $3.9 unanimous consent that the order for Standing Rules of the Senate, do hereby trillion in costs. Those are constant the quorum call be rescinded. move to bring to a close debate on the nomi- dollars. In September of this year, just The PRESIDING OFFICER (Mr. nation of Joan Louise Larsen, of Michigan, a few weeks ago, our national debt sur- STRANGE). Without objection, it is so to be United States Circuit Judge for the passed $20 trillion for the first time, ordered. Sixth Circuit. and no one in Washington blinked an Mitch McConnell, Steve Daines, Tom VOTE ON BARRETT NOMINATION eye. If that is not enough of a wakeup The question is, Will the Senate ad- Cotton, Pat Roberts, John Boozman, Mike Rounds, Patrick J. Toomey, John call, this debt is projected to increase vise and consent to the Barrett nomi- Barrasso, Cory Gardner, Richard Burr, over the next 10 years, according to the nation? Thom Tillis, Roger F. Wicker, James budget we are operating under now, by Mr. INHOFE. Mr. President, I ask for E. Risch, John Cornyn, Lamar Alex- another $11 trillion. If that is not the yeas and nays. ander, Dan Sullivan, Chuck Grassley. enough, over the next 30 years alone, it The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. By unan- is projected that over $100 trillion of sufficient second? imous consent, the mandatory quorum future unfunded liabilities—Social Se- There appears to be a sufficient sec- call has been waived. curity, Medicare, Medicaid, pension ond. The question is, Is it the sense of the benefits for Federal employees, and the The clerk will call the roll. interest-only debt—are coming at us The bill clerk called the roll. Senate that debate on the nomination like a freight train. These are unfunded Mr. DURBIN. I announce that the of Joan Louise Larsen, of Michigan, to liabilities. Senator from Missouri (Mrs. MCCAS- be United States Circuit Judge for the Today, with $20 trillion in debt, we KILL) and the Senator from New Jersey Sixth Circuit, shall be brought to a are only paying about $270 billion every (Mr. MENENDEZ) are necessarily absent. close? year in interest only. I say that be- The PRESIDING OFFICER (Mr. The yeas and nays are mandatory cause just in the last year, we have JOHNSON). Are there any other Sen- under the rule. seen four increases in the Federal funds ators in the Chamber desiring to vote? The clerk will call the roll. rate, which fundamentally increases The result was announced—yeas 55, The senior assistant legislative clerk our interest by 100 basis points. That nays 43, as follows: called the roll. Mr. DURBIN. I announce that the 100 basis points over the next few years [Rollcall Vote No. 255 Ex.] will grow our interest on the debt by Senator from Missouri (Mrs. MCCAS- YEAS—55 more than $200 billion on top of the KILL) and the Senator from New Jersey Alexander Flake Paul $270 billion. By the way, today that is Barrasso Gardner (Mr. MENENDEZ) are necessarily absent. Perdue almost 25 percent of our discretionary Blunt Graham Portman The PRESIDING OFFICER. Are there Boozman budget, already, just at the $270 billion. Grassley Risch any other Senators in the Chamber de- Burr Hatch Roberts If it doubles, it will be almost half of siring to vote? Capito Heller Rounds our discretionary budget. If interest Cassidy Hoeven The yeas and nays resulted—yeas 60, Rubio rates just go back to their 30-year Cochran Inhofe Sasse nays 38, as follows: Collins Isakson Scott norm—between 4 percent and 5 per- Corker Johnson [Rollcall Vote No. 256 Ex.] Shelby cent—we could be paying as much as $1 Cornyn Kaine Strange YEAS—60 Cotton Kennedy trillion on our Federal debt. That is al- Crapo Lankford Sullivan Alexander Flake Paul most equal to today’s discretionary Cruz Lee Thune Barrasso Gardner Perdue budget. Tillis Daines Manchin Blunt Graham Peters It is going to take a long-term fix. Donnelly McCain Toomey Boozman Grassley Portman Enzi McConnell Wicker Burr Hatch Risch We can’t tax our way out of this prob- Ernst Moran Young Capito Heitkamp Roberts lem. We can’t cut our way out of this Fischer Murkowski Carper Heller Rounds problem, and we can’t just simply grow Cassidy Hoeven Rubio NAYS—43 Cochran Inhofe Sasse our way out. It is going to take a Baldwin Gillibrand Reed Collins Isakson Scott multifaceted approach. There are five Bennet Harris Sanders Corker Johnson Shelby interwoven imperatives that are at Blumenthal Hassan Schatz Cornyn Kennedy Stabenow work in solving this problem. It is one Booker Heinrich Schumer Cotton Lankford Strange Crapo thing to call the crisis, but it is an- Brown Heitkamp Shaheen Lee Sullivan Cruz Manchin Thune Cantwell Hirono Stabenow other to call out the ways to fix it, and Daines McCain Tillis Cardin King Tester they are all within our grasp today. Donnelly McConnell Toomey Carper Klobuchar Udall No. 1, we need to fix Washington’s Casey Leahy Enzi Moran Warner Van Hollen Coons Markey Ernst Murkowski Wicker broken budget process. Warner Cortez Masto Merkley Fischer Nelson Young No. 2, we need to root out all the Warren Duckworth Murphy wasteful spending in the Federal Gov- Whitehouse NAYS—38 Durbin Murray ernment today. Feinstein Nelson Wyden Baldwin Franken Murray Franken Peters Bennet Gillibrand Reed No. 3, we have to grow the economy Blumenthal Harris by repealing and pulling back on a lot NOT VOTING—2 Sanders Booker Hassan Schatz of regulations that are unnecessary, by McCaskill Menendez Brown Heinrich Schumer revamping our tax structure and by Cantwell Hirono The nomination was confirmed. Shaheen unleashing our energy potential. Cardin Kaine Tester The PRESIDING OFFICER. Under Casey King Udall No. 4, we have to save Social Secu- Coons Klobuchar the previous order, the motion to re- Van Hollen rity and Medicare, of which both trust Cortez Masto Leahy Warren funds go to zero in 14 short years. consider is considered made and laid Duckworth Markey Whitehouse upon the table and the President will Durbin Merkley Lastly, we finally have to get after be immediately be notified of the Sen- Feinstein Murphy Wyden the real drivers of spiraling healthcare ate’s action. NOT VOTING—2 costs. f As we are working to change our ar- McCaskill Menendez chaic tax system to become competi- CLOTURE MOTION The PRESIDING OFFICER. On this tive with the rest of the world and to The PRESIDING OFFICER. Pursuant vote, the yeas 60, the nays 38. get our economy rolling again, I want to rule XXII, the Chair lays before the The motion is agreed to. to talk about two things today. One is

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