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

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION Vol. 164 WASHINGTON, FRIDAY, OCTOBER 5, 2018 No. 166—Book II Senate EXECUTIVE CALENDAR—Continued the literal text of the statute over up- tections or Congress’s clear intent in The PRESIDING OFFICER (Mr. holding the hard-won rights of all writing them. It is not just some theoretical issue. TILLIS). The Senator from Washington. Americans. Ms. CANTWELL. Mr. President, I When it comes to the rights of con- Today, these protections are being come and join my colleague from Or- sumers—healthcare rights, environ- threatened in the courts. They are egon on the floor this evening and mental laws, privacy rights, labor being threatened by a group of Repub- lican attorneys general who are trying thank him very much for his comments rights—I want to know where a Su- to get a Federal court in Texas to and hard-fought efforts to try to illu- preme Court Justice is going to be in strike down these protections in the minate the issues that are before the upholding those hard-won rights that healthcare law, and the Justice Depart- American people in this nomination Americans and our society have pushed forward for decades. In this case, he ment has decided to join those States that we are going to be voting on. in asking the courts to strike down As nightfall does not come at once, neither will be replacing a Justice who has been a key vote on many fundamental these preexisting condition protec- does oppression. In both instances, there is a tions. So this case is definitely work- twilight . and it is in such twilight that rights in America. we all must be most aware of change in the So I definitely express my opinion ing its way through the court system air—however slight—lest we become unwit- that I do not believe that Judge and could likely end up before the Su- ting victims of the darkness. Kavanaugh will protect those hard-won preme Court. Some have suggested: Well, don’t Those aren’t my words; those are the rights. And my concern is that he does worry about that. Don’t worry about words of the late Supreme Court Jus- not have a judicial philosophy that is that because Justice Roberts will up- tice William O. Douglas. Yes, that is in the mainstream views of America. hold the healthcare law. He will be the right, I quoted William O. Douglas— He has the most dissents of any judge swing vote, and Judge Kavanaugh’s ap- not because he was from Yakima, WA, on the DC Circuit. That is to say that pointment to the Supreme Court is ir- via Maine, originally, but because I he is dissenting from even the most relevant on this point. wanted to bring up the rights of Ameri- conservative judges on that Court. He That is wrong. First, you really can’t cans that could be undermined by the is still dissenting. So I don’t find those count on Chief Justice Roberts in up- confirmation of Judge Kavanaugh to views in the mainstream views of holding the Affordable Care Act. In the Supreme Court. That is because for Americans. fact, that is what the attorneys general generations the U.S. Supreme Court Let’s just take one example: are arguing, that his previous decision has been an institution that affirmed healthcare. More than 3 million Wash- will help to strike down the law. The rights of Americans and moved our ingtonians in my State have pre- times and circumstances are different country forward, especially when we existing conditions, such as diabetes, now because the Federal Government needed it most. heart disease, and asthma, and Ameri- isn’t fighting to protect the Affordable In 1954, it made a landmark decision cans don’t want to be discriminated Care Act, which it did in previous ad- to end segregation of our schools and against because of their medical his- ministrations, and there is no guar- to rightly give access to equal edu- tory. antee that Justice Roberts will rule in cation. In 1964, it recognized the right More than 75 percent of Americans favor of the law. There are other as- to privacy and the ability to access support the preexisting condition pro- pects of the Affordable Care Act that contraception. It is hard to imagine tections that have been put into law he has also sided against. today, in this era, that we needed that under the Affordable Care Act. These It is hard to believe now that this fundamental right and that it had been protections help keep them from hav- fundamental right that has been so previously blocked. Yet it was. In 2015, ing medical debt and uncompensated hard fought for so many people may be the Supreme Court upheld the funda- care. All of these issues are very impor- in danger. I can say that in my State, mental rights of marriage for same-sex tant for us to continue to protect. I have been in hospital after hospital couples, holding that they had equal In 2011, Judge Kavanaugh refused to and healthcare facility after protection under the law. uphold the constitutionality of the Af- healthcare facility. Doctors say to me Yes, these are rights that have been fordable Care Act, and he has criticized that they can’t even imagine what it is decided by our Court and have moved the Supreme Court’s decision to uphold going to be like to go back to prior to our country forward. So I became very parts of that law. In his confirmation the preexisting condition protections. concerned when President Trump nom- hearings, he refused to say whether It has become such a norm that they inated Judge Brett Kavanaugh to the these current protections for Ameri- are covering people that they couldn’t Supreme Court because he was on a list cans are constitutional. His record sug- imagine that kind of discrimination of an organization that wanted to see gests that he will not defend these pro- today. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6635 . VerDate Sep 11 2014 04:47 Oct 07, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\G05OC6.110 S05OCPT2 dlhill on DSK3GLQ082PROD with SENATE S6636 CONGRESSIONAL RECORD — SENATE October 5, 2018 When it comes to reproductive ments on President Trump’s discrimi- Environmental Protection Agency has rights, those are under threat as well. natory ban on transgender service- the authority to regulate greenhouse In 2017, Judge Kavanaugh suggested members. The rights of LGBTQ Ameri- gases under the Clean Air Act, and Jus- that he supported Justice Rehnquist’s cans are at stake with Judge tice Kennedy, whom Judge Kavanaugh dissent in Roe v. Wade, which called Kavanaugh on the Bench because his will replace, provided the fifth and de- the landmark decision a product of broad view of religious freedom could ciding vote in that decision. But as ‘‘freewheeling judicial creation of provide a license to discriminate Kennedy’s replacement on the Court, unenumerated rights that were not against these individuals. the government’s ability to mitigate rooted in the nation’s history.’’ Judge Kavanaugh’s record also sug- climate change could be lost. That As somebody who sat on the Judici- gests that he will be hostile to the pro- would mean everything from not ad- ary Committee for the first 2 years I tection of other privacy rights. In 2015, dressing these impacts we are seeing on was in the Senate, I can guarantee that after it was revealed that the National our coastal communities to what we I asked every judicial nominee whether Security Administration, NSA, had are seeing in damage from wildfires, they believed in the penumbra of rights been collecting Americans’ phone and it could mean that the report that guaranteed in the Constitution for the records in bulk without warrant, Judge was done by the Government Account- right to privacy or they didn’t. The Kavanaugh decided that national secu- ability Office saying that climate reason I did that is because those who rity needs outweighed individuals’ change impacts are costing us over $620 really don’t believe that Roe was right- right to privacy. He supported expand- billion every 10 years will continue to ly decided believe that those rights are ing warrantless surveillance by the be ignored. not enumerated and could overturn government. We want a Supreme Court Justice them in the future. What is more, Judge Kavanaugh has who is going to follow the law and While Judge Kavanaugh may now be- ruled in favor of a restrictive voter abide by and uphold what Congress has lieve that Roe v. Wade is settled law, identification law, raising concerns said, and that is what the Court has records from his days in the adminis- that he would support scaling back said as well. Judge Kavanaugh said he tration raise doubts. Perhaps more im- hard-won voting rights. Those rights didn’t think the EPA had the authority portantly, during his confirmation are sacred in our country, and the last to regulate air pollution across States. hearing, he refused to say whether it thing we need is a Supreme Court that The U.S. Supreme Court reversed his was wrongly decided. Why is that im- would refuse to defend them.

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