November 1, 2017 CONGRESSIONAL RECORD — SENATE S6945 The yeas and nays resulted—yeas 56, ics such as constitutional federalism popular wind, regardless of personal nays 42, as follows: and tort law, in addition to being a opinion. Whether considering the plain [Rollcall Vote No. 258 Ex.] clerk on the Supreme Court. She also meaning of a statute, discerning the YEA S—56 practiced commercial and appellate proper role of the courts, the legisla- Alexander Fischer Murkowski litigation at the Denver office of the tive branch, or the executive and its Barrasso Flake Paul national law firm Arnold and Porter. agencies, or evaluating the relation- Bennet Gardner Perdue She began her legal career as a clerk ships between the Federal Government Blunt Graham Portman to Judge Jerry E. Smith on the U.S. and the States, Justice Eid will side Boozman Grassley Risch Court of Appeals for the Fifth Circuit. with what the law says, and she will do Burr Hatch Roberts Capito Heitkamp Rounds Her law experience took her to the U.S. it in that commonsense, western way Cassidy Heller Rubio Supreme Court under Clarence Thom- that clearly and articulately tells the Cochran Hoeven Sasse as. Prior to attending law school, Jus- Collins Inhofe American people what the law is. Scott Corker Isakson tice Eid was a special assistant and I am privileged to know Justice Eid. Shelby Cornyn Johnson speechwriter for the U.S. Secretary of I have known her for a number of years Strange Cotton Kennedy Education, Bill Bennett. She received now from my days as a student at the Crapo Lankford Sullivan Cruz Lee Thune her law degree from the University of University of Colorado School of Law Daines Manchin Tillis Chicago Law School, where she was the and through her work in the State of Donnelly McCain Toomey articles editor of the Law Review. She Colorado at the time that I served in Enzi McConnell Wicker graduated with high honors and as a Ernst Moran Young the State legislature. She is an incred- member of the Order of the Coif. She ible human being with a delightful de- NAY S—42 received her degree in American stud- meanor that will suit the court well. Baldwin Gillibrand Peters ies from Stanford University, grad- Mr. President, I ask unanimous con- Blumenthal Harris Reed uating with distinction as a member of sent to have printed in the RECORD sev- Booker Hassan Sanders Brown Heinrich Schatz Phi Beta Kappa. eral letters in support of Justice Eid’s Cantwell Hirono Schumer What her resume clearly shows is nomination: a letter to Chairman Cardin Kaine Shaheen that whatever Justice Eid does, she GRASSLEY and Ranking Member FEIN- Carper King Stabenow does it at the highest level, with the Casey Klobuchar Tester STEIN from former law clerks of Justice Coons Leahy Udall best results. She has specialized knowl- Eid’s, as well as a letter from various Cortez Masto Markey Van Hollen edge of federalism, water law, and In- supporters in Colorado and one letter Duckworth Merkley Warner dian law, among other important areas from the Southern Ute Indian Tribe. Durbin Murphy Warren Feinstein Murray Whitehouse of the law. Indeed, the National Native There being no objection, the mate- Franken Nelson Wyden American Bar Association has even rial was ordered to be printed in the NOT VOTING—2 noted that she has ‘‘significantly more RECORD, as follows: experience with Indian law cases than McCaskill Menendez JULY 13, 2017. any other recent Circuit Court nomi- DEAR CHAIRMAN GRASSLEY AND RANKING The PRESIDING OFFICER. On this nee.’’ MEMBER FEINSTEIN: We are all of Justice vote, the yeas are 56, the nays are 42. We have had some pretty doggone Eid’s former law clerks (except those cur- The motion is agreed to. good circuit court nominees in the rently clerking for a federal judge and not f past, including Justice Neil Gorsuch, permitted to sign) since she began her tenure whose seat she will be filling on the on the Colorado Supreme Court in 2006, and EXECUTIVE CALENDAR we write to give our fullest support to her Tenth Circuit Court. These are con- The PRESIDING OFFICER. The nomination to be a judge on the United cepts that are critical to my home States Court of Appeals for the Tenth Cir- clerk will report the nomination. State of Colorado, and her expertise cuit. We come from a diverse set of geo- The senior assistant legislative clerk will prove to be invaluable to the graphic, economic, cultural, and political read the nomination of Allison H. Eid, Tenth Circuit Court, as well as to the backgrounds, yet we are united in our belief of Colorado, to be United States Cir- Nation and the people of this country. that Justice Eid is a jurist and a person of cuit Judge for the Tenth Circuit. But as impressive as her credentials the highest caliber and character. We have The PRESIDING OFFICER. The Sen- are, it is her demeanor and her ap- each learned so much from her. ator from Colorado. proach to the law that make her ideal- Justice Eid was raised by a single mother Mr. GARDNER. Mr. President, I rise in Spokane, Washington under challenging ly suited for the court. Justice Eid has circumstances, after her father abandoned today to add my voice and my strong been called a ‘‘mainstream, common- her family. Justice Eid began college at the support for the confirmation of Colo- sense Westerner.’’ She is also, as her University of Idaho, but with the support rado Supreme Court Justice Allison former law clerks have noted, ‘‘fiercely and encouragement of her mother and a pro- Eid as the next U.S. court of appeals independent,’’ and she will decide cases fessor there, Justice Eid transferred to Stan- judge for the Tenth Circuit Court, ‘‘as she believes the law requires.’’ At ford University where she graduated with which, of course, is housed in Denver, the same time, she seeks out different distinction and was a member of the Phi CO. viewpoints and wants to understand all Beta Kappa honor society. After Stanford, There is no doubt that Justice Eid is she served as a speechwriter to President sides of the issue she addresses. Ronald Reagan’s Secretary of Education, superbly qualified for this position. For That is the law professor I know from William Bennett, and then went on to attend the past decade, she has served Colo- my days at the University of Colorado the University of Chicago Law School, where rado as a justice on the supreme court. School of Law. I can say from that ex- she served as Articles Editor on the Law Re- In 2008, Justice Eid was overwhelm- perience that while Justice Eid has her view, graduated with High Honors, and was ingly retained by the people of Colo- perspectives on the law, she cares very elected Order of the Coif. Justice Eid began rado. We have a system where every deeply about robust debate and hearing her legal career as a law clerk for Judge decade the voters of Colorado vote to the views of others. And I know from Jerry Smith on the United States Court of retain or dismiss a judge, and every Appeals for the Fifth Circuit. She then my classmates who had Justice Eid as served as a law clerk to Justice Clarence time that has come before the people of their professor—those classmates Thomas on the United States Supreme Colorado, she has been overwhelmingly didn’t always agree with her perspec- Court. retained by the people of Colorado. tives, but Justice Eid was open to their In private practice at Arnold and Porter Prior to her appointment, Justice debate and hearing their views. She en- following her clerkships, Justice Eid prac- Eid represented the State of Colorado gaged them, and she was never biased ticed both commercial and appellate litiga- before the State federal courts as our against differing perspectives but al- tion for a variety of clients. She departed State solicitor general. She served as a ways applying the law as the law re- private practice and joined academia where tenured member of the faculty at the she became a tenured professor at the Uni- quired, not as opinions suited. versity of Colorado Law School, teaching University of Colorado Law School, I also know that ‘‘fiercely inde- Legislation, Constitutional Law, and Torts, where she taught courses in constitu- pendent’’ jurist whom her former and serving as the faculty clerkship advisor. tional law, legislation, torts, and she clerks spoke so highly of. Justice Eid During her time at the University of Colo- has published scholarly articles on top- will follow the law regardless of the rado, Justice Eid continued her service in

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.002 S01NOPT1 S6946 CONGRESSIONAL RECORD — SENATE November 1, 2017 the Colorado legal community as President We close by reflecting on our fond memo- breadth of experience. We also know her to of the Colorado Association of Corporate ries of our experiences as law clerks under be a compassionate and caring person, deeply Counsel. In 2005 she was appointed by Colo- Justice Eid, whether it was a lunch to cele- involved in the broader community and rado Attorney General John Suthers to serve brate a birthday, officiating numerous of our called to service, not only in her day job, but as the Solicitor General of Colorado. One weddings, or the annual holiday and summer through her extensive volunteerism toward year later, Governor Bill Owens appointed parties that she hosts. We all remember the the betterment of the profession. Through- Justice Eid to the Colorado Supreme Court genuine interest and support Justice Eid pro- out her tenure on the bench, she has hired where she has served for 11 years and was vided to us as people and new lawyers. We numerous diverse law clerks and continu- successfully retained by the voters of Colo- will never forget her heartfelt appreciation ously sought to ensure that the diverse rado on a statewide ballot. for our hard work and the care and time she voices of Coloradoans are heard, evincing a As law clerks we had the distinct privilege has taken to guide us through our clerkships very strong commitment to diversity and in- and opportunity to learn by observing Jus- and beyond. She has been an important and clusion. We are excited to see her bring her tice Eid throughout her decision making steady mentor in each of our lives. We urge spirit and skill set to the Tenth Circuit. process. We learned that she never fails to the Senate to take swift action on her nomi- We ask that Colorado’s Senators join to- provide her full attention and dedication to nation and are available to speak to any gether and support this very highly qualified each individual case, mastering the relevant member or their staff about Justice Eid and nominee from Colorado. We believe it is an facts and carefully analyzing the law, wheth- her qualifications to serve on the United exceptional moment to confirm Justice Eid er the text of a statute or the words of a con- States Court of Appeals for the Tenth Cir- as the first Colorado woman to serve on the tract. As Justice Eid is so fond of saying, she cuit. Tenth Circuit. ‘‘goes where the law takes her.’’ In other Sincerely, Respectfully, words, she treats each case individually Marie Williams, Clerk for Justice Eid, Sarah J. Auchterlonie, Franklin Azar, without any preconceived notion of desired 2006–07; Holly E. Sterrett, Clerk for Justice Naomi Beer, Michael Bender, Heath Briggs, outcome. Eid, 2006–07; Jared Butcher, Clerk for Justice Geraldine Brimmer, Scott Campbell, Richard As young lawyers, we took particular note Eid, 2007–08; Clark Smith, Clerk for Justice Cunningham, Stanton Dodge, Caleb Durling, of the respect that Justice Eid shows the Eid, 2008–09; Kate Field, Clerk for Justice Jacob Durling, John Echohawk, David Fine, parties and their attorneys both in her writ- Eid, 2009–10; Tim Zimmerman, Clerk for Jus- Jeremy Graves, Melissa Hart, Ellen Herzog, ten work product and during oral argument. tice Eid, 2010–11; Lee Fanyo, Clerk for Jus- Neal Katyal, Martin Katz, Robert Kaufman, We also observed her belief in the impor- tice Eid, 2011–12; Jon Gillam, Clerk for Jus- Kenzo Kawanabe, Kevin Kuhn. Liz Krupa, Bradley A. Levin, Cedric D. tance of respect and collegiality with her tice Eid, 2011–12; Jake Durling, Clerk for Jus- Logan, Monica Loseman, Victoria E. Lovato, colleagues, particularly during times of dis- tice Eid, 2012–13; Doug Marsh, Clerk for Jus- Rebecca Love Kourlis, Cynthia Mares, Mi- agreement. Her chambers are always open, tice Eid, 2013–14; Jamen Tyler, Clerk for Jus- chael E. McLachlan, Mary Mullarkey, Marc and she wants to hear different viewpoints tice Eid, 2014–15; Ben Fischer, Clerk for Jus- Musyl, Habib Nasrullah, Chris Neumann, (even ours), but she remains fiercely inde- tice Eid, 2014–15; Chris Chrisman, Clerk for Neil Oberfeld, Angelica Ochoa, Michael pendent, ultimately deciding cases as she be- Justice Eid, 2006–07; Catherine Bazile, Clerk O’Donnell, Michele On-ja Choe, Peter Ortego, lieves the law requires. And her opinions do for Justice Eid, 2007–08. David Palmer, Joseph A. Peters, Richard just that—in clean and succinct prose, time Katie Yarger, Clerk for Justice Eid, 2008– Petkun, John Posthumus. and again, Justice Eid resolves the dispute 09; Sara Rundell, Clerk for Justice Eid, 2009– James Prochnow, Lee Reichert, Harriet between the parties and announces a clear 10; Maranda Compton, Clerk for Justice Eid, McConnell Retford, Tom Sansonetti, Cliff rule of law that can be readily discerned by 2010–11; Trina Ruhland, Clerk for Justice Eid, Stricklin, Trent D. Tanner, Robert S. future litigants. Her majority opinions in 2010–11; Victoria Cisneros, Clerk for Justice Thompson, III, Lorenzo Trujillo, John Voor- particular are a testament to the care, dedi- Eid, 2011–12/2012–13; Kate Cahoy, Clerk for hees, John Wahl, Rebecca Watson, Dee cation, and consensus-building attitude she Justice Eid, 2012–13; Lidiana Rios, Clerk for Wisor, Jennifer Weddle, Kristin White, brings to her role as a Judge. Justice Eid, 2013–14; Ayesha Lewis, Clerk for Heather Whiteman Runs Him, Evan Wil- While serving as a Justice on the Colorado Justice Eid, 2013–14; Matt Mellema, Clerk for liams, David B. Wilson, Maureen Witt, David Supreme Court, Justice Eid has continued to Justice Eid, 2014–15; Emma Kaplan, Clerk for Yun, John Zakhem. teach at the University of Colorado. She also Justice Eid, 2015–16; Julie Hamilton, Clerk serves as the Chair of the Supreme Court for Justice Eid, 2016–17; Rob Rankin, Clerk SOUTHERN UTE INDIAN TRIBE, Water Court Committee, which works to for Justice Eid, 2016–17; Mairead Dolan, Clerk Ignacio, CO, July 21, 2017. identify rule and statutory changes to for Justice Eid, 2016–17. Re Support for Confirmation of Colorado Su- achieve efficiencies in water court cases, preme Court Justice Allison Eid to the while maintaining quality outcomes for all. JULY 27, 2017. Tenth Circuit Court of Appeals. Justice Eid was appointed by Chief Justice Re Support for the Confirmation of Justice DEAR CHAIRMAN GRASSLEY AND RANKING John Roberts to serve on the Federal Advi- Allison Eid to the Tenth Circuit Court of MEMBER FEINSTEIN: The Southern Ute Indian sory Committee on Appellate Rules—a pres- Appeals. Tribe is writing in support of the confirma- tigious appointment where she has served DEAR SENATORS BENNET AND GARDNER: As tion of Colorado Supreme Court Justice Alli- alongside federal judges, law professors, and members of the Colorado legal community, son Eid to the United States Court of Ap- lawyers to craft revisions to the Federal we are proud to support the nomination of peals for the Tenth Circuit. Justice Eid’s Rules of Appellate Procedure—and by Presi- Justice Allison Eid to serve as a Judge on considerable qualifications for this pres- dent George W. Bush to the Permanent Com- the Tenth Circuit Court of Appeals. We hold tigious appointment are not in question. As mittee for the Oliver Wendell Holmes Devise a diverse set of political views as Democrats, a Colorado Supreme Court Justice, Justice (an organization that writes the history of Republicans, and Independents. Our prac- Eid has demonstrated expertise in a broad the United States Supreme Court and spon- tices range from litigation, including both spectrum of legal matters including the field sors the Oliver Wendell Holmes Lecture). plaintiffs’ and defense work, to transactional of federal Indian law. Justice Eid’s judicial Justice Eid is active in her community and work to administrative law to child welfare record evidences her understanding of tribal church, and as the mother of two children, advocacy and from employment law to water sovereignty and other matters that are Justice Eid has also been involved in her rights and from government affairs to min- acutely important to the Tribe. Because children’s school over the years. In addition erals development, immigration, healthcare, these matters are often resolved in the Su- to her service on the Colorado Supreme law enforcement, environmental justice, fed- preme Court following a decision in a federal Court, these other responsibilities connect eral Indian law and civil rights. This incred- appellate circuit in the West, it is critical her to the Colorado community, specifically ibly diverse group of attorneys agrees on one that the judges on those circuit courts pos- the challenges and issues facing citizens of thing: we all agree that Justice Eid is excep- sess a working understanding of Indian law this State and will allow her to bring an im- tionally well qualified and should be con- issues. Because she is well-versed in the es- portant perspective and diverse set of experi- firmed. tablished principles of federal Indian law, as ences to the United States Court of Appeals We know Justice Eid to be a person of in- well as many other areas of the law, the for the Tenth Circuit. tegrity, professional competence, and judi- Tribe supports the nomination of Justice Her qualifications to serve are unparal- cial temperament. She has received the high- Eid. leled and speak for themselves. At each stage est possible ‘Well Qualified’ rating from the Sincerely, of her education and career Justice Eid has American Bar Association. Her private prac- CLEMENT J. FROST, excelled at the highest levels and has re- tice work, scholarship, law teaching, and Chairman. ceived praise, awards, and the utmost re- service as Colorado’s Solicitor General have Mr. GARDNER. Mr. President, I wish spect of her colleagues and those who have all demonstrated her superb abilities over to spend some time talking about a let- worked for her. This is in no small part due many years. Her service on the Colorado Su- ter dated July 27, 2017. This letter was to her incredible work ethic and her leader- preme Court has earned her a reputation as ship by example. And we as law clerks have an excellent jurist. Her strong work ethic is sent to me and my colleague, Senator carefully observed and learned from her si- renowned. She is a preeminent member of BENNET from Colorado. This letter was multaneous and unfaltering commitment to the legal profession, not only in Colorado, titled ‘‘Support for the Confirmation of both her family and her position on the Colo- but in the United States more broadly, with Justice Allison Eid to the Tenth Cir- rado Supreme Court. outstanding legal ability and exceptional cuit Court of Appeals,’’ which I have

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A01NO6.022 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6947 submitted for the RECORD, but I want ocean acidification and ocean melting In 2015, the United States settled on to highlight some of the people who and sea level rise and all of that. a 3-percent discount rate to estimate have signed this letter because when it For the generations who will look the out-year costs of carbon pollution comes to the courts and nominations, I back at this, I have tried in these to society. Scott Pruitt jacked that up think it is very important that we lis- speeches to chronicle the political to a 7-percent discount rate so out-year ten to the voices of those people who tricks and bullying that have put Con- harms, injuries, and losses would count are closest to the court over which the gress—the Congress of the United for less. Mind you, our children and nominee may be presiding. It is also States—in tow to a massively con- grandchildren will still suffer the exact important that those who are closest flicted special interest, such that we same costs at 3 percent or at 7 percent. to a practicing lawyer provide their are incapacitated on this vital subject. It is just that present-day polluters— opinions of a lawyer who has been nom- The shamelessness of the fossil fuel in- Scott Pruitt’s masters—get a way-big inated for the bench who is not already dustry and the spinelessness of Con- discount. on the bench. gress under its sway will provide a long Pruitt’s second trick is only to count In the case of Justice Eid’s sup- lesson in modern-day corruption and the carbon pollution harm within our porters, there is an incredible list of political failure. borders. You might say: That is OK; we people from across the political spec- The Trump administration has been are Americans, after all. But it is trum—both sides of the aisle—sup- particularly loathsome, threatening worth taking a look at what this rule porting Justice Eid. Let me talk about the emissions standards for cars and does if all countries were to use it be- a few of Justice Eid’s supporters, be- trucks, pressing for the Keystone XL cause there is a trick hidden in the cause we will hear a lot of debate about tar sands pipeline, disbanding science middle of it. The fact is that we are groups who support or oppose Justice advisory committees, lifting the mora- harmed by other countries’ carbon Eid, but the people who know her the torium on Federal coal leasing, trying emissions, and they in turn are harmed best, the people who have practiced be- to expand offshore drilling, and open by our carbon emissions. On the flip fore her court, the people who have national marine monuments and sanc- side, we harm other countries with our worked with her over the many years tuaries to energy companies. The Envi- emissions, and they harm us with of public service that she has provided ronmental Protection Agency is work- theirs. don’t just fall on the Republican side of ing to eliminate rules on the leaking There is a total amount of global the aisle or the Democratic side of the and flaring of methane and has re- emissions, and there is a total amount aisle, the support she has gathered is scinded requirements for reporting of global harm. If you call the total from across the political spectrum. methane emissions. The President has global emissions X and the total global There is Michael Bender, former Col- announced his intention to withdraw harm Y, what happens when every orado Supreme Court justice; Justice the U.S. from the Paris climate agree- country follows the Pruitt method of Rebecca Love Kourlis, one of the most ment. only pricing local emissions and local respected jurists in Colorado, who One particular target of this cor- harms? served on the State supreme court and rupted administration is the Clean For purposes of illustration, let’s say is one of the most highly regarded jus- Power Plan, the 2015 EPA rule to re- there are three countries in the world, tices not only in Colorado but across duce carbon dioxide emissions from and each emits one-third of the total the country, quite frankly; Justice American powerplants—a rule that carbon pollution and suffers one-third Mary Mullarkey. Justice Mullarkey is many utilities and States supported. of the global harm from the collective no longer on the Colorado Supreme But it is the industry’s bottom-dwell- global emissions. If each country only Court, but she served as the chief jus- ers who have the President’s ear, and counts its own emissions and the tice of the Colorado Supreme Court. they want to undo even this flexible harms only to its own country, guess She was appointed by a Democratic framework for meeting emissions-re- what happens. All that cross-border Governor. She is someone who believes duction targets. harm never gets counted. It never gets Justice Eid would be an incredible ad- When EPA balanced the costs and counted. It disappears off the balance dition to the court. There is Neal benefits of the Clean Power Plan origi- sheet. It vanishes into this trick of cal- Katyal, a former Department of Jus- nally, it offset things, like between $14 culation. If you are the tool of the fos- tice civil servant for the Obama admin- billion and $34 billion in health bene- sil fuel industry, how rewarding it istration—a U.S. Solicitor General, in fits in the form of preventive illnesses must be to implement a trick that just fact. If we look at the other supporters and deaths, against the costs of indus- vanishes so much of the fossil fuel in- she has, we see that Melissa Hart, who try compliance. dustry’s harm to the world. has run for office as a Democratic can- The net benefits of the Clean Power In this hypothetical, how much harm didate, supports the nomination and Plan came out to between $26 billion simply vanishes? Two-thirds of it does. confirmation of Justice Allison Eid. and $45 billion every year. Two thirds of the harm simply van- As you can see, the Tenth Circuit has So with its official proposal to re- ishes, never to be accounted for—not in an incredible nominee before it whom I scind the Clean Power Plan, EPA ad- the real world. Nothing has changed in hope this body will soon confirm. I ministrator and fossil fuel operative the real world. In this three-country urge my colleagues to move quickly Scott Pruitt had to cook the books to hypothetical, the total emissions is during this cloture time so that we can wipe out this public benefit. Here is still X and the total harm is still Y. actually approve somebody who I know how he did it. There were two tricks. None of that has changed. This Pruitt will do an outstanding job. I urge their One derives from the fact that harms, trick of accounting just wiped two- support. I hope we will do our duty injuries, and losses caused by carbon thirds of the harm off the books. A under our Constitution to select those pollution can take place many years happy day for polluters, and a happy, people who will be guarding the Con- after the pollution is emitted. In finan- happy day for the polluters’ tool, for stitution and do it in a way that we cial matters, future costs and benefits there will no doubt be rewards for im- can all be proud of. That is why I sup- are balanced against present costs and plementing this trick. port Allison Eid. benefits, using what is called a dis- Those fossil fuel industry bottom- I yield the floor. count rate. It is more valuable to re- dwellers no doubt think that this is The PRESIDING OFFICER. The Sen- ceive $1 million now than $1 million 20 pretty cute and that this is pretty clev- ator from Rhode Island. years from now. That is the theory. er stuff, indeed. There are high-fives in CLIMATE CHANGE But even the George W. Bush admin- the corporate boardrooms that they Mr. WHITEHOUSE. Mr. President, I istration recognized for healthcare have a tool in office who will pull such come to the floor today for the 184th rulemaking that ‘‘[s]pecial ethical con- a trick of magical, vanishing carbon time to ask us to at least wake up to siderations arise when comparing bene- pollution harms. But the problem with our duty as a Congress to enact pru- fits and costs across generations,’’ and these crooked little schemes is that the dent policies to address the effects of they urged care about using a discount whole world is actually watching. Any- climate change. The Presiding Officer rate when a rule is expected to harm body can do the analysis that I just did is well aware of what Alaska faces from future generations. and show that this is nothing more

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.018 S01NOPT1 S6948 CONGRESSIONAL RECORD — SENATE November 1, 2017 than a trick, and sooner or later, con- field. You cannot just cook the books Stern, who has labored in these vine- sequences do come home to roost. and reduce the social cost of carbon. yards so many years, and ocean advo- Out in the real world, the Pacific Is- For one thing, the social cost of car- cate and Oceana board member Sam land nation of Kiribati is buying up bon analysis is too well established in Waterston. They were all great, but land in Fiji so it can evacuate its peo- the honest world. Courts have in- one phrase stood out. ple there when rising seas engulf its is- structed Federal agencies to factor the Sam Waterston called on us to tackle lands and eliminate the nation. It is on social cost of carbon into their regula- today’s ocean and environmental prob- its way to becoming a modern-day tions. States are using the social cost lems with what he called a ‘‘battle- Atlantis, lost forever to the waves. You of carbon in their policymaking. Most ready kind of optimism’’—a ‘‘battle- can replicate that risk along the shores major corporations, even ExxonMobil, ready kind of optimism.’’ of Bangladesh, Burma, Malaysia and factor a social cost of carbon into their So let us go forward with a ‘‘battle- the Maldives. own planning and accounting. ready kind of optimism’’ to clean the You can add in the risk of lost fish- The social cost of carbon pollution is polluter swamp at EPA, to clean our eries that left a country’s EEZ for cool- at the heart of the International Mone- Earth’s atmosphere and oceans of un- er waters. If you think that is just a tary Fund calculation, for which the bridled carbon emissions, and to clear hypothetical, ask Connecticut and fossil fuel industry gets an annual sub- the reputation of our beloved country Rhode Island lobstermen about their sidy in the United States of $700 billion of the obloquy it is rapidly earning at catch. Add in the expansion of the a year. Even to protect a multihun- the hands of a corrupting industry. world’s desert areas in the Sahel and dred-billion-dollar annual subsidy, I yield the floor. elsewhere that forces farmers’ crops Scott Pruitt can’t just wish the social The PRESIDING OFFICER (Mr. and shepherds’ flocks away from their cost of carbon away and just can’t stop BURR). The Senator from Virginia. historic homes. counting it. Courts will take notice. HEALTHCARE Add unprecedented storms powered They may take notice that these Mr. KAINE. Mr. President, I rise to up over warming seas. As bad as things stunts are arbitrary and capricious talk about the Children’s Health Insur- have been in Houston, Florida, and under the Administrative Procedure ance Program. We all know that Puerto Rico, we are rich enough to re- Act. They may take note that Pruitt healthcare is the most important thing build, to throw billions of dollars at has massive conflicts of interest with in any person’s life and in their fam- the problem, and we are. Other places his fossil fuel funders. They will surely ily’s life, and there is probably no do not have those resources. Without note that the Supreme Court has said healthcare issue that is more intense the help, imagine that suffering. greenhouse gases are pollutants under than a parents’ concern about the To those who will suffer in the fu- the Clean Air Act, and that EPA is le- health of their children. I think all of ture, what do we say? On that day of gally obligated to regulate them. They the offices in this building have heard reckoning, on that judgment day, what will surely note that the EPA itself has from parents about the health of their do we tell all those people who suf- determined that greenhouse gas emis- kids over the course of the number of fered? Ha-ha-ha, do we say? We came sions endanger the public health and months we have been debating what to up with this little trick that wiped welfare of current and future genera- do about the Affordable Care Act. most of your suffering off our books. tions, a determination that the DC Cir- I rise today to talk about another We used a discount rate that dis- cuit resoundingly upheld. critical program, which I hope we will counted your suffering to virtually But we are not in an ordinary situa- act in a bipartisan way to reauthorize: zero. Is that the kind of America we tion. Pruitt has a long history of doing the Children’s Health Program, or want to be? Remember the saying: The the bidding of the fossil fuel industry. CHIP. CHIP builds on Medicaid, and it power of America’s example is more In the recent Frontline documentary, gives families who earn too much to be important than any example of our ‘‘War on the EPA,’’ Bob Murray of eligible for Medicaid an insurance op- power. Some example we would be, Murray Energy, a strong Pruitt sup- tion for their kids. In talking to fami- some city on a hill, if that was the way porter, bragged about giving this ad- lies who avail themselves of this op- we behaved. ministration a three-page action plan tion—in Virginia, years ago we didn’t The natural world does not care on environmental regulations and do a very good job of enrolling kids in about self-serving or ideological argu- bragged that the first page was already CHIP, and we have become an awful lot ments. The natural world is governed done. That is the world we live in now, better at it. It is interesting to hear by immutable laws of physics, chem- where the regulated industry brags the way parents talk about it. They istry, biology, and mathematics. Scott that it controls its regulator, gives it will often talk about how important Pruitt’s polluter-friendly mathematics direction, and that its work is already CHIP is to them when their child is just doesn’t add up. As Michael being done. sick or when their child is injured, but Greenstone, an economist at the Uni- Courts that look at any rule proposed what is interesting to me is how impor- versity of Chicago who helped develop by Scott Pruitt must recognize that tant it is to them when their child is the social cost of carbon, put it, Pru- there is a near zero chance that he is perfectly fine—not sick, not injured. itt’s plan was not evidence-based pol- operating in good faith. Our Nation’s But if you are a parent, you are going icymaking. This was policy-based evi- environmental regulator went in cap- to have anxiety when you go to bed dence making. tured and has stayed captured by our every night if your child doesn’t have There is enormous pressure in the Nation’s biggest polluters. Scott Pruitt insurance or coverage: What if some- Trump administration to get rid of the is not their regulator; he is their in- thing happens tomorrow? This is a pro- social cost of carbon. What is bizarre strument. That is a conflict of interest. gram that provides not just healthcare about the Trump administration is I recently hosted my eighth annual but peace of mind for parents and their that they don’t try to get rid of the so- Rhode Island Energy Environment and kids. cial cost of carbon by getting rid of its Oceans Day, bringing together mem- Between Virginia’s separate CHIP social costs, by lowering carbon emis- bers of our business community from program and the Family Access to sions, by addressing the harms that it the public sector, from government, Medical Insurance Security and CHIP- causes. They try to get rid of the social and academia, to hear directly from ex- funded Medicaid, the State provides cost of carbon by getting rid of the perts about the latest environmental coverage to nearly 193,000 children. scoring mechanism that counts all of news and initiatives. I was very excited CHIP alone—the specific CHIP pro- that. It is like saying: My team is win- to be joined by excellent keynote gram—covers 66,000 kids in Virginia ning because I tore down the score- speakers, including former Secretary and also pregnant moms; 1,100 pregnant board. of State John Kerry, who has done such moms are covered right now. The cov- Well, no, the world is getting clob- magnificent work on oceans particu- erage is important. It includes doctor bered out there by carbon pollution larly but on climate change generally, visits, hospital care, prescription medi- and the climate change that causes it, leading us into the Paris climate agree- cines, eyeglasses—which are critical to and tearing down the scoreboard ment. Also, there was former U.S. Spe- being successful in school—immuniza- doesn’t help change the game on the cial Envoy for Climate Change Todd tions, and checkups for kids up to age

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.019 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6949 19, with minimal cost sharing and important way by families. The Shen- The PRESIDING OFFICER. Without without premiums. andoah Valley, an agricultural area in objection, it is so ordered. In Virginia, since 2009, when I was western Virginia, has about 6,400 kids Mr. BLUNT. Mr. President, this week Governor, we extended CHIP to also who rely on CHIP. There is not a coun- we are moving to confirm four Federal allow dental coverage. That has been ty, there is not a city in Virginia where circuit judges. Because of that, it is a really important to children and their there isn’t a child and a pregnant good week to talk about the critical families. The program is one of the suc- woman who rely on this program. role the judiciary plays and actually cess stories in this body because it has On September 18—now to the good about the unique power our Constitu- been strongly bipartisan in support part of my talk, the positive words tion gave the courts to do the job they since its creation in 1997. But as the from my colleagues—Senators HATCH are supposed to do. President knows, this program expired and WYDEN introduced the bipartisan They are to provide a check and bal- on September 30. Despite bipartisan Keeping Kids’ Insurance Dependable ance on the other two coequal branches work on the Finance Committee, we and Secure Act, which is a bipartisan of government—the executive branch still have not seen a reauthorization compromise in the best traditions of and the legislative branch. Most impor- bill come to the Senate floor. this body, to extend the CHIP program tantly, the Federal judiciary provides The uncertainty surrounding CHIP for 5 years to give States sufficient Americans with an avenue with which has already started to have an influ- time to plan their budgets and make to seek the rule of law, an avenue to ence on my constituents and the con- sure that families don’t face the uncer- know that one is going to be impacted stituents of every Member of this body. tainty related to getting notice letters by what the law says and what the According to our Virginia Department saying that the program may termi- Constitution says. It is a fundamental of Medical Assistance Services, the nate. right of how we conduct ourselves, how State will be forced to send letters on I rise today to urge my colleagues to we seek justice, how people should be December 1, 2017, notifying families strongly support bringing this bill to able to make decisions about their that there is an impending loss of cov- the floor and providing certainty to the families and about their businesses and erage. If there is not a reauthorization families and children who rely on about their financial futures as well as bill done by that time, imagine the CHIP. The possibility of all these fami- their personal futures. anxiety of all these families in the lies getting letters on December 1 say- That is why judges who believe in the weeks before Christmas getting a letter ing that the program is possibly going rule of law and what the law says and in the mailbox saying that this CHIP to expire is just a needless uncertainty, what the Constitution says are so im- program, which covers 66,000 kids and and we should try to avoid that if we portant and why it is important to 1,100 pregnant women, is about to ex- can, not just in Virginia but in every have qualified and well-grounded pire. This will, at a minimum, cause a State. judges—not just people who are really great deal of anxiety and confusion, My senior Senator, Mr. WARNER, is good lawyers but people who have an even if we then come back and fix it. also a strong supporter of the program. appreciation for how important it is But if we don’t fix it, obviously, the I will give him some props. When he that others can absolutely rely on the anxiety and confusion becomes much was Governor of Virginia—he preceded law and the Constitution. Those can be more catastrophic for the families. me as Governor—he was the one who changed. There is a way to change After we send out letters on Decem- focused on doing a better job of enroll- them, but the way to change them is ber 1 telling families that they have to ing kids in the program. I give him seldom on the Federal bench. prepare for the elimination of this pro- credit for that, and I will take credit According to the Administrative Of- gram, enrollment will freeze on Janu- for my teamwork and for adding dental fice of the U.S. Courts, as of this morn- ary 1. No new children can come into coverage to CHIP. But he was a great ing, there are 148 vacancies on the Fed- the program. By the end of January— leader. He and I have together sent a eral judiciary. That includes two va- and this differs in different States— letter to the Senate leader, Mr. MCCON- cancies on the Eighth Circuit Court of Virginia will have insufficient funds to NELL, asking if he would bring a bipar- Appeals. It includes the circuit judges continue the program. There are some tisan bill to the floor quickly on behalf of whose nominations we have not yet States that are already experiencing of Virginia’s children. fully complied and approved this week, running out of the funds they have for This bill was bipartisan in its intro- but there are 148 vacancies—jobs that the program. Virginia has a little cush- duction, and with the number of co- are to be filled for as long as the people ion, but that will take us only through sponsors and the historic, bipartisan are able to serve. That is why healthy the end of January if we don’t reau- nature of support for this program, if judges, younger judges, and judges who thorize. we can get a floor vote on this bill, I are well grounded can have such an im- Here is something that makes mat- think we can pass it today and send it pact for so long. The first major judi- ters worse in Virginia, and I think it is to the House and do so in a way that cial accomplishment this year, in the case in most States. Our legisla- we would avoid the need to start send- terms of the nominating process, was ture is a part-time legislature. The leg- ing out termination letters to families, Judge Gorsuch, who 29 years from now islature is not in session. The legisla- needlessly increasing their anxiety. will be younger than three of the ture does not come back in until Janu- I will conclude by saying that if we judges with whom he is currently serv- ary, and that will make it really dif- can bring this to the floor, I think we ing. These are decisions that will last ficult. We can’t find time for solutions can get it passed. It is an urgent issue well beyond a Presidency and well be- before then because the legislature is for children across the country—and yond the tenure of the Senators who not in session. When the legislature even more than children in some ways. will vote to confirm, and we have a comes back, that would be a lot to face The children aren’t wandering around chance to do that. in 2 weeks, which is when this program every day thinking about their Of these judicial circuits, the Eighth is going to expire. healthcare, but their parents are won- Circuit is one my State of Missouri is Needless to say, the kids who use dering every day, worrying desperately in. As a matter of fact, the most recent CHIP in Virginia are in all parts of the about their healthcare. This would be a data shows that while there are a hand- State. Just to give you some examples, bill that would help both children and ful of States in that circuit, one-third the Hampton Roads area, the second parents. of all the cases that had been filed in largest metropolitan area in the I yield the floor. the Eighth Circuit from September 2015 State—Virginia Beach, Norfolk, and I suggest the absence of a quorum. to September 2016 had come from our the Northern Neck—has over 5,000 kids The PRESIDING OFFICER. The State, and I imagine that number will who rely on CHIP. In far southwest clerk will call the roll. be about the same again this year. Re- Virginia, where my wife’s family is The legislative clerk proceeded to shaping the judiciary, generally, as from—Appalachia—nearly 6,000 kids call the roll. well as what happens in the Eighth Cir- rely on CHIP. It is a high poverty area, Mr. BLUNT. Mr. President, I ask cuit are important. and in those parts of the State where unanimous consent that the order for At the start of President Trump’s poverty is high, CHIP is used in a very the quorum call be rescinded. term, 12 percent of all of the positions

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.021 S01NOPT1 S6950 CONGRESSIONAL RECORD — SENATE November 1, 2017 in the Federal judiciary were vacant. are going to insist on 30 hours of de- law degree from the University of Kan- The Congressional Research Service bate because the rules allow for 30 sas. He clerked on the U.S. Supreme found that not since President Clinton hours of debate. Well, the rules allow Court before practicing law and teach- took office has a President had the for 30 hours of debate for contentious ing at the University of Minnesota. Not constitutional obligation to fill more nominees. The rules allow for 30 hours only was he appointed to fill a vacancy judicial vacancies at the start of his of debate when there is really going to on the Supreme Court in Minnesota, term than President Trump. I, cer- be a debate. Last week, we had 30 hours but he was elected. In fact, he was tainly, believe he made the right of debate on a judge, but 20 minutes elected and received more votes than choice when he selected Judge Gorsuch were spent talking in support of him the person who is holding his nomina- to serve on the Court, and I have been while zero minutes were spent in op- tion received when he was elected to enthusiastic about the other judges posing him. The 30 hours that could that job. whom he has nominated, including the have been used for other purposes was I urge my colleagues to not only sup- four we have had a chance to talk gone. port his nomination but to do what we about and will continue to have a Frankly, I think that was the reason need to do to get these nominees to the chance to talk about this week. the 30 hours was demanded—so the floor and let everybody express their I think President Trump will con- other work of the Senate had to be set opinion and be given the time needed tinue to nominate judges who will, aside so we could do the equally impor- to do that, not to continue to abuse the first of all, pay attention to the Con- tant work of letting the President put rules, not to continue to hold these im- stitution and what it says, who will people in vacant positions that needed portant vacancies hostage to getting apply the rule of law, and will not leg- to be filled. That 30 hours will be anything else done because we have 30 islate from the bench. Those three hall- changed if the minority continues to hours of debate in which nobody de- marks of how this Senate should de- abuse it. It has happened in the entire cides to come and debate. fine, and how this President has so far history of the Senate, but that is what By the way, if we want to continue to defined, what a judge is supposed to do happens when you abuse these rules allow Senators to hold nominations in not only can happen but can happen at that protect you and give you rights. It circuits that their States happen to be this moment for—or at least as of Jan- will happen again here if this does not a part of, in the Eighth Circuit, most of uary 20—12 percent of the judicial posi- change. the work before that court comes from tions, and that number will continue to We see the same thing happening this Missouri more than any other State. grow as judges, for whatever reason, week. We have had lots of time this We would be glad to have an additional leave the bench as judges decide to week—30 hours of debate, a final vote, judge, and there is nothing that would take early retirement. If at the end of and Democrats and Republicans vote. prevent that. the 4 years of this administration we In fact, regarding the judge I men- The right thing to do here is to let have filled all of the vacancies that tioned a minute ago, 28 Democrats the nomination of a well-qualified per- will have occurred, we will have filled voted for that judge. There were 30 son come to the Senate floor and be de- more than 12 percent of those lifetime hours of debate, and not a single crit- bated, if there is debate to be had, and be voted on and to take one of those appointments. So it is really important ical word was spoken in debate about significant 140-plus vacancies on the that the Senate act to confirm these the judge. A majority of the Democrats Federal judiciary and fill it with a per- nominees and fill as many vacancies as and virtually all of the Republicans son who is well qualified, just like this are there to be filled. voted for that judge. That is not an ac- Last month, the Federalist reported: ceptable way to stop the Senate from week. In four other circuits, we intend ‘‘Democrats are forcing more cloture getting to the other work the Senate to put three women and one man on votes than any early Presidency and needs to do. This is not basketball those courts who will hopefully be able demanding the full 30 hours of floor without a clock, where they used to ef- to serve long and well and will take their important philosophies to the time per nominee that the Senate rules fectively play the delay game. The courts with them when they go. allow.’’ delay game got abused, and the clock I yield the floor. Yesterday, at the press stakeout that became part of the system. The clock The PRESIDING OFFICER. The Sen- will run faster here, too, if our col- we had outside of this room, I said that ator from West Virginia. the Senate was designed to protect the leagues do not begin to see the impor- Mrs. CAPITO. Mr. President, thank rights of the minority, and that is a tance of what we do here. you. good thing. Just the fact that it would NOMINATION OF DAVID STRAS As we heard my colleague from Mis- take 6 years to replace the entire Sen- Mr. President, while these nominees souri saying, we have a great oppor- ate means that the country has to stay have had cloture votes—again, Presi- tunity this week to confirm four out- focused on one set of ideas if all of the dent Obama, I think, only had one on a standing individuals to the Federal cir- Senators are going to reflect that one judge in his first year—there is one cuit courts. These nominees are well- set of ideas much longer than the 2- nominee, Minnesota Supreme Court qualified individuals who have dem- year opportunity to change everybody Justice David Stras, in the Eighth Dis- onstrated a strong understanding of in the House. Also, the understanding trict, which is the district again that the proper role that a judge plays in that the Senate provides that protec- Missouri is in, who has had his nomina- our constitutional system. tion for minorities to be heard in a big tion held up. There is a rule sometimes I am especially pleased that we are and diverse democracy like we have is that has been used in the Senate—al- considering three exceptionally tal- a good thing. In the points that we most always if a judge is being replaced ented women for the Federal bench. were making yesterday, I also said that that only affects your State—whereby Federal circuit court nominations are the protections for the minority are al- a Senator can say: I am really opposed extremely important. Circuit courts sit ways held onto, appreciated, and pro- to that. In most of the history of the directly below the Supreme Court in tected until the minority decides to Senate, that kind of hold has been hon- our judicial system. Because the Su- abuse those protections. When that ored. It has not been honored on judges preme Court reviews relatively few or a happens, the minority always loses the who represent another State, many smaller number of cases, many times protection. States, or will be a judge in the circuit the circuit courts have the last word in What we have had over and over for many States just because they hap- the majority of those cases, so it is es- again—47 times this year as compared pen to come from your State. sential that we have judges on the cir- to 1 time with President Obama for The American Bar Association has cuit court who will treat all litigants nonjudicial appointments, 5 times in said that Justice Stras is ‘‘well quali- fairly. the entire first Obama year up until fied.’’ It is its very highest rating. He When I think about what I want in a this time in October, I believe, no received his bachelor’s degree, with the judge, I think fairness is the first thing times for either President Bush, and 1 highest distinction, from the Univer- that comes to mind. We want someone time for President Clinton—is that the sity of Kansas, which is another State who treats litigants fairly, who shows minority has taken a judicial nomina- in this circuit. He received his MBA respect for our Constitution, our stat- tion or another nomination and said we from the University of Kansas and his utes, and the controlling precedents.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.022 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6951 We need somebody knowledgeable in given praise to these nominees in ear- appellate litigation at Arnold and Por- the law. That sort of goes without say- nest and honest discussion, which very ter. At the beginning of her legal ca- ing but certainly is a top attribute of a much lends itself to my support. With- reer, Justice Eid served as a clerk for judge. Every party before our Federal out question, their fitness for the Fed- Judge Jerry Smith on the Fifth Circuit courts has the right to expect even- eral bench is evident. and as a law clerk for Supreme Court handed, fair judges and fair justice The fact that Democrats have been Justice Clarence Thomas. from those judges who are handling holding up these qualified individuals Justice Eid was raised by a single their case. is totally misguided. We heard from mother, whom Eid credits for her sig- Each of the four nominees being con- Senator BLUNT in his remarks about nificant personal and professional firmed this week have a strong record the numbers. There are currently 21 achievements. She earned a scholar- and impeccable qualifications. They re- circuit court vacancies and 120 district ship to Stanford and graduated with spect the rule of law. All were given a court vacancies in the Federal judici- distinction and is a member of Phi high rating by the nonpartisan Amer- ary. While the Senate has an important Beta Kappa. Justice Eid received her ican Bar Association. role in examining nominees to fill law degree from the University of Chi- Yesterday I was very pleased to sup- these vacancies, Democrats have re- cago, where she graduated with high port Amy Barrett’s confirmation to the quired virtually every potential judge honors and Order of the Coif. She has Court of Appeals for the Seventh Cir- to go through a time-consuming floor had an impressive legal career, and she cuit. Despite obstruction by my col- process that is simply not sustainable, has an impressive life story. leagues on the other side, I am pleased even when there are no objections In her long and celebrated tenure on that yesterday we confirmed Ms. Bar- raised against the individuals. In fact, the Colorado Supreme Court, Justice rett, but I still have deep concerns Democrats have used political tactics Eid has heard roughly 900 cases and about some of the debate and some of to delay virtually every one of Presi- written approximately 100 opinions. In the questions that were raised about dent Trump’s judicial nominees, con- 2008, 75 percent of Colorado voters re- her religious beliefs throughout the troversial or not. tained Justice Eid to the Colorado Su- confirmation process. Every Senator has the right to vote preme Court. The Constitution clearly states that against a judicial nominee if they be- Her nomination has also received there can be no religious test for any lieve that person to be unfit or un- wide, bipartisan support. As an exam- Federal office. The Senate has a re- qualified—we all have that right—but ple, Justice Eid’s former clerks, who sponsibility to consider qualifications engaging in a de facto filibuster noted that they ‘‘come from a diverse and fitness for office of individuals against virtually every judicial nomi- set of geographic, economic, cultural nominated by the President, but that nee is an abuse of the rules, I believe, and political backgrounds,’’ wrote a does not include an evaluation of a especially when the nominee has over- letter to the Judiciary Committee sup- nominee’s religious beliefs. Our Con- whelming bipartisan support. porting her nomination. Judges work stitution fundamentally protects reli- The American people expect the Sen- closely with their law clerks every day. gious liberty for all Americans. That ate to confirm well-qualified nominees. Law clerks understand a judge’s delib- principle is deeply rooted in our Na- They also expect us to advance a legis- erative process and approach to the law tion’s history and allows individuals of lative agenda that will improve our better than anyone. How did these all faiths the freedom to exercise their economy and our security. By filibus- clerks describe Justice Eid? They said: religious beliefs. tering against qualified nominees, ‘‘She never fails to provide her full at- Ms. Barrett’s credentials clearly Democrats are keeping the Senate tention and dedication to each indi- demonstrate her ability to serve on the from tackling our important legisla- vidual case, mastering the relevant Federal bench, which she will be doing, tive work. facts and carefully analyzing the law, and I hope future nominees are ques- Starting with Justice Neil Gorsuch whether the text of a statute or the tioned by this body on their record, to the nominees being considered this word of a contract.’’ Her law clerks their qualifications, and their jurispru- week, President Trump has nominated also wrote that she goes ‘‘where the dence, not on their faith. mainstream judges who will serve our law takes her’’ and that in their decade Today we confirmed the nomination country for years in the judiciary. I of collective experience in over 900 of Michigan Supreme Court Justice commend the President, the chairman, cases, Justice Eid ‘‘treats each case in- Joan Larsen for the Sixth Circuit, a su- Senator GRASSLEY, and the members of dividually without any preconceived premely qualified individual. A former the Judiciary Committee for their notion of desired outcome.’’ clerk for Supreme Court Justice work in advancing these talented indi- The National Native American Bar Antonin Scalia, she served as a Deputy viduals. We should confirm these Association also endorsed Justice Eid. Assistant Attorney General and as a judges and act promptly to fill other In their letter to the committee, they law professor at the University of judicial vacancies. noted that she ‘‘has demonstrated deep Michigan before joining her State’s I thank the Presiding Officer. understanding of Federal Indian law highest court, the supreme court. I yield the floor. and policy matters, as well as signifi- We are now considering the nomina- The PRESIDING OFFICER (Mr. COT- cant respect for the tribes as govern- tion of Colorado Supreme Court Jus- TON). The Senator from Iowa. ments. Such qualities and experiences tice Allison Eid for the Tenth Circuit. Mr. GRASSLEY. Mr. President, to- are rare among nominees to the federal Justice Eid served as Colorado’s solic- morrow morning the Senate will vote bench.’’ They went on to note that itor general and is a law professor at on the nomination of Colorado Su- ‘‘while we do not expect that Justice the University of Colorado. She clerked preme Court Justice Allison Eid. She is Eid will agree with tribal interests on for Supreme Court Justice Clarence going to be voted on to serve on the every issue, we also believe that she is Thomas and was appointed by Chief Tenth Circuit Court of Appeals. She is immensely well qualified and we are Justice John Roberts to serve as a an eminently qualified and exceptional confident that Justice Eid is a main- member of the advisory committee on nominee who has received widespread, stream, commonsense Westerner who Federal appellate rules. bipartisan praise and support. will rule fairly on Indian Country mat- Finally, we will consider the nomina- Justice Eid has spent over a decade ters.’’ That is from the National Native tion of Stephanos Bibas to the Third on the Colorado Supreme Court. Before American Bar Association. I think Circuit. Mr. Bibas is a law professor at her appointment, she served as the Col- ‘‘mainstream, commonsense West- the University of Pennsylvania and orado State solicitor general. In that erner’’ is the perfect way to describe clerked for Justice Anthony Kennedy role, she represented the State before Justice Eid. after earning degrees from Columbia, both Federal and State courts. She also Despite this bipartisan support and Oxford, and Yale. served as a tenured faculty member at her professional achievements, all the This is a supremely qualified slate of the University of Colorado School of Democratic members of the Judiciary nominees, as their impressive creden- Law, where she taught courses in con- Committee voted against her nomina- tials make clear. My colleagues who stitutional law, legislation, and torts. tion in committee, and I suspect most are familiar with these nominees have Justice Eid practiced commercial and of the minority will vote against her

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.024 S01NOPT1 S6952 CONGRESSIONAL RECORD — SENATE November 1, 2017 confirmation when it comes up. That I am very proud to support the nomi- the desire of the senior Senator from surprised me. Justice Eid received a nation of Justice Allison Eid. She is Vermont to ‘‘confirm women prac- majority ‘‘well qualified’’ rating from the third in a series of distinguished fe- ticing at the pinnacle of the legal pro- the American Bar Association, an out- male circuit court nominees we have fession.’’ side group who evaluates judicial had the opportunity to vote on this That is certainly where Joan Larsen nominees. My colleagues on the other week. Her impressive experience and works. She has been a justice on the side claim that this group’s ratings numerous accomplishments speak to Michigan Supreme Court and was nom- weigh very heavily in their decision to her qualifications for this role. I com- inated to the Sixth Circuit, which han- support or oppose a judicial nominee. mend the President for nominating dles Federal appeals from Michigan, In fact, my Democratic colleagues these outstanding and accomplished Kentucky, Ohio, and Tennessee. Jus- claim that these ratings should carry a women to our circuit courts. Justice tice Larsen graduated first in her class great deal of weight with Senators, and Eid is an exceptional nominee, and her from Northwestern University’s law they argue that the Judiciary Com- record overwhelmingly supports her school. She then clerked for the pres- mittee shouldn’t hold hearings on nomination. As a result, I will support tigious DC Circuit Court of Appeals, nominees who have not yet received her confirmation tomorrow, and I urge right here in Washington, DC. She then ABA ratings. all of my colleagues to do the same. went on to serve as a law clerk to Jus- This week, we are voting on four cir- I yield the floor and suggest the ab- tice Antonin Scalia of the U.S. Su- cuit court nominees—including three sence of a quorum. preme Court. women—who received ‘‘well qualified’’ The PRESIDING OFFICER. The Since then, she has worked in public ratings from the ABA. The American clerk will call the roll. service at the Office of Legal Counsel Bar Association rated two of these in- The senior assistant legislative clerk at the Department of Justice during dividuals unanimously ‘‘well quali- proceeded to call the roll. the George W. Bush administration and Mr. CORNYN. Mr. President, I ask fied.’’ Yet the vast majority of my has taught at the University of Michi- unanimous consent that the order for Democratic colleagues voted against gan Law School. the two nominees on whom we have al- the quorum call be rescinded. Both of our Democratic colleagues The PRESIDING OFFICER. Without ready voted, and I am willing to bet from Michigan have returned their blue objection, it is so ordered. that the other two nominees will see slips, which is the piece of paper which similar opposition from my Demo- Mr. CORNYN. Mr. President, this week we have been talking about some says they are OK with the nomination cratic colleagues. going forward, signaling their ap- Why do my Democratic friends pro- sterling nominees for our Nation’s cir- proval. Given her credentials, my ques- fess such admiration for the American cuit courts of appeals. These are our tion would be, How could they not? Bar Association’s evaluation process intermediate appellate courts in the Ms. Larsen will make an excellent and then vote against nominees who country, one step above the trial judge. She already has been, but she received the American Bar Associa- courts where cases are tried and one will make an excellent addition to the tion’s ‘‘well qualified’’ rating? I would step below the Supreme Court of the circuit court of appeals, and I am glad like to see them put their money where United States. we have now confirmed her. their mouth is or maybe, better yet, What most people don’t realize is Another nominee is on the way. Jus- their vote where their mouth is. If my that the Supreme Court only decides tice Allison Eid of the Colorado Su- colleagues believe so strongly in the roughly 80 cases a year. In other words, preme Court has been nominated to the ABA evaluations, they should start there is no guarantee that if your case Tenth Circuit post formerly held by voting for nominees who receive ‘‘well is tried in the trial court, it will go be- Justice Neil Gorsuch, who was recently qualified’’ ratings, but I suspect they yond the circuit court of appeals. So in confirmed to the U.S. Supreme Court. will not. many instances, our circuit courts are When the Judiciary Committee voted the ‘‘supreme court,’’ or the court of The Tenth Circuit sits in Denver and on Justice Eid’s nomination, my Demo- last resort. These sterling nominees includes Colorado, New Mexico, Kan- cratic colleagues really stretched to that the President has nominated in- sas, Oklahoma, Utah, and Wyoming. find reasons to oppose that nomina- clude Professor Amy Barrett, who yes- As in the case of Professor Barrett tion. One of the chief reasons given for terday was confirmed to the Seventh and Justice Larsen, Allison Eid is ex- opposition to her nomination centered Circuit Court of Appeals by a bipar- ceptional in every respect. She at- on a quote in a Denver Post article tisan vote of 55 to 43. For some reason, tended Stanford University and the that said Justice Eid has ‘‘earned a our friends across the aisle have de- University of Chicago Law School, reputation of one of [the Colorado Su- cided it is to their advantage to where she was elected to the Order of preme Court’s] most conservative inexplicably drag out the clock against the Coif and graduated with high hon- members.’’ I find that statement to be a really accomplished scholar—and to ors. She clerked for the Fifth Circuit misleading. Of the seven justices on the boot, a mother of seven—but, of course, Court of Appeals in New Orleans and Colorado Supreme Court, Justice Eid is to no avail. then went on to clerk for Justice Clar- one of only two justices appointed by a What is worse is our colleagues ence Thomas on the U.S. Supreme Republican Governor. To argue that across the aisle have seemed to have Court. she is somehow extreme just because forgotten some of their own priorities As with Justice Larsen, Justice Eid she was not appointed by a Democratic when it comes to judges. For example, has received the blue slips from both of Governor is very unfair. the senior Senator from Minnesota has her home State Senators, which means Furthermore, the Denver Post pub- said in the past: ‘‘It is time to get they are willing to let this confirma- lished a subsequent article that dis- women on the bench.’’ Well, we just did tion go forward. So I look forward to agreed with this characterization. By that yesterday, and we are going to do her quick confirmation. contrast, the more recent article stat- it again. ‘‘They should get an up-or- Finally, the fourth judge who will be ed that ‘‘appointment by a Republican down vote . . . that is what women de- confirmed this week is professor or Democrat does not always dictate serve.’’ I would say that is what the Stephanos Bibas, who teaches at the the ideology of the justice. . . . Even President’s nominees—whether they be University of Pennsylvania Law categorizing justices as either conserv- women or men—deserve, but, unfortu- School. He has been nominated for the ative or liberal is generally an error.’’ nately, that hasn’t always been the Third Circuit Court of Appeals, which I would agree with the Denver Post on case. covers Delaware, New Jersey, and this point. There is still time, however, for our Pennsylvania. Stephanos Bibas was Justice Eid should not be evaluated Democratic colleagues to honor their educated at Columbia, Oxford, and Yale by her ideological reputation but, rath- previous statements and to put more Law School. He, likewise, clerked for er, by how she approaches issues before women on the circuit courts without the Fifth Circuit Court of Appeals and her judiciary. That is how I have evalu- needlessly stringing them along with then went on to clerk for Justice An- ated Justice Eid and other judicial unnecessary delays. thony Kennedy on the U.S. Supreme nominees, and that is why I strongly Joan Larsen was the first. She was Court. He has worked both in private support her confirmation today. confirmed earlier today. She fulfills practice and as a prosecutor. Now he

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.025 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6953 has distinguished himself as an aca- return, thus, making compliance with he was right—that this was hurting our demic, teaching and publishing in the the Tax Code much simpler and cheap- global competitiveness in a global realm of criminal law and procedure. er. We agreed that we would signifi- economy and that companies, out of In their ringing endorsement of his cantly increase the child tax credit and sheer self-interest, were keeping the nomination, a diverse group of more reduce taxes on businesses and job cre- profits they had earned overseas rather than 100 law professors noted Professor ators. than bringing them back and suffering Bibas’s ‘‘fair-mindedness, conscien- This last objective—reducing taxes from double taxation, meaning that tiousness, and personal integrity.’’ on businesses and job creators—de- workers here in the United States Those are the sort of qualities we serves a little bit more discussion. didn’t get the benefit of that infusion should all want in a circuit court Ireland represents an interesting of extra cash in their paycheck, and judge. point of comparison for the United the investment that should occur here We are going to confirm Stephanos States. We have the highest tax rate in in the United States was occurring Bibas and the other nominees I men- the world—35 percent for businesses overseas strictly because of our Tax tioned, no matter how long it takes, that do business all around the globe. Code. this week. The majority leader has put Ireland has a corporate rate of 12.5 per- My colleague, the senior Senator our friends across the aisle on notice, cent. That is 35 percent to 12.5 percent. from Oregon, described corporate in- and there is nothing they can do to Because of that, it has become a haven versions. That is what happens when an stop those confirmation votes before for large American companies, espe- American company shifts its legal ad- we call it a week. cially in the high-tech sector. dress to a foreign country, such as Ire- Once again, the administration has Ireland has since ended its so-called land, for tax purposes. He called it a demonstrated its skill at picking ‘‘double Irish’’ tax scheme, which al- ‘‘contagion’’ that has affected the Tax bright nominees for the right reasons. lowed it to benefit from taxes on in- Code with ‘‘the chronic diseases of This week’s nominees will read the law come that should have been taxed in loopholes and inefficiency.’’ He went on faithfully. They will honestly interpret the United States. In other words, to call the Tax Code an ‘‘anti-competi- its text, and they will apply it to cases there is some rivalry and competition tive mess.’’ He is right. with a sense of humility no matter when businesses do business worldwide The senior Senators from Maryland what their preferred outcome might be. as to where their profits will be taxed. and Ohio have also made similar state- I appreciate President Trump, Leader We want to make sure that those prof- ments in past years. MCCONNELL, and the chairman of the its are taxed in the United States and We all realize that simplifying our Senate Judiciary Committee, Senator not in countries abroad, where we Tax Code will reduce tax compliance CHUCK GRASSLEY, for the hard work in would enjoy no benefit from. costs, which currently run for small bringing these nominees to the floor. This example illustrates what hap- business owners at around $19 billion a Now let’s get them on the Federal pens when we keep our tax rate so year. Our Tax Code has simply gotten bench. high. Sadly, companies leave. They go to be too complex and too convoluted TAX REFORM elsewhere, because they know that the for honest, law-abiding small business Mr. President, the other issue I wish difference between a 35-percent tax owners to do it on their own. So they to bring up in my remarks today is tax rate and a 12.5-percent tax rate in Ire- have to hire somebody else to help reform, because we all know that the land may be the difference between them sort it out. House of Representatives will release making a profit for your shareholders— The less money that a small business the Ways and Means Committee’s be- whether it is the teachers retirement pays in tax compliance is the more ginning bill for tax reform—something system or the firefighters pension they can spend on their employees or we have promised for a long time and fund—or ending up in the red and not on expanding their business or on in- that the country is anxiously awaiting. making a profit at all. Savvy compa- vesting in new equipment or simply This will be the culmination of nies will leave, and they will go else- giving their workers a pay raise. Let’s months—if not years—of hard work, of where. They know to create new enti- give them the relief that they need. meetings, white papers, listening ses- ties and search the globe for better Let’s reduce the corporate rate, as sions, and the like so that we can de- rates. It is really a matter of their President Obama and our colleagues on liver on our shared goal of a simpler, competitiveness in a global economy. the other side used to argue for. With fairer tax system that boosts jobs and Of course, when they do this, it is our proposals, we can also get moving puts more money in the pockets of legal. It is rational because they want on fixing the rest of the Tax Code to let every American. Those are our goals. the best deal they can get for their the hard-working people of Texas and We know that many hard-working shareholders. They also want to make American families keep more of what Americans have had a rough time in re- sure they can achieve a profit for their they earn, improve their standard of cent years. Sending their kids to col- shareholders and not a loss, frankly, living in the process, and to make our lege and securing retirement seems to due to the differential in tax rates. Tax Code more competitive in a global be harder and increasingly out of reach When companies dodge U.S. taxes, it economy so that businesses that oper- for some of my constituents back in means we here in the United States ate internationally will be incentivized Texas and people around the country. I miss out on revenue that we would oth- to bring that money back here to the hear about their concerns and their erwise reap. One thing is for sure. With United States to make and manufac- anxieties—economic anxieties—every $20 trillion in debt, we want to make ture products that are stamped ‘‘Made time I go home. It is not acceptable sure that our Tax Code is fair and sim- in America’’ and to improve the wages that 50 percent of Americans are find- ple and is competitive and will help us and quality of life and income of Amer- ing themselves living from paycheck to grow our economy in a way that will ican workers. It just strikes me as a paycheck and that a third of voters are help us pay down those deficits and no-brainer, and that is exactly what we one trip to the mechanic shop away that debt. are going to set out to accomplish to. from a household financial crisis. Now, our Democratic friends have I suggest the absence of a quorum. Last week, several of my colleagues been known to demagogue this issue a The PRESIDING OFFICER. The and I sat down with the President—we little bit, saying: Who wants to cut clerk will call the roll. were members of a bipartisan group of these corporate tax rates overseas? The senior assistant legislative clerk the Senate Finance Committee—and Corporations shouldn’t get a tax cut, proceeded to call the roll. discussed our objectives in achieving even though they know what the facts Mr. SCHUMER. Mr. President, I ask meaningful and lasting changes to our are. unanimous consent that the order for Tax Code. The President agreed that Well, they should simply listen to the quorum call be rescinded. we should cut taxes for hard-working people like Barack Obama. In 2011 he The PRESIDING OFFICER (Mr. Americans and that we should nearly was speaking to a joint session of Con- TOOMEY). Without objection, it is so or- double the standard deduction, which gress and called on Republicans and dered. reduces the number of people who will Democrats alike to lower the U.S. cor- Mr. SCHUMER. Mr. President, thank have to itemize deductions on their tax porate tax rate because he knew—and you.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.026 S01NOPT1 S6954 CONGRESSIONAL RECORD — SENATE November 1, 2017 FREEDOM TO NEGOTIATE a shameful capstone on that already have no accountability, now cleaning Labor unions and strong labor laws disgraceful record. those toilets is a minimum wage job. have helped build the middle class in I would say to all of those wealthy Over the last 4 years, though, I have America and protect the rights of people who have plenty of money and seen Shareeka and her coworkers start workers for generations. to all of those corporate executives to rebuild their dreams. She said to In the 1970s, union participation was who get paid in the tens of millions, me: Senator, if I only could get min- around 30 percent, and it was a golden who are desperate to take money away imum wage, I might be able to take my era for the American middle class. from middle-class people whose in- kids out to a restaurant—I never Wages went up. Families had benefits comes are declining, that you are cre- could—or buy them toys for Christmas. and vacations. Parents could pay for ating an anger and a sourness in Amer- I never could do that. college. They could put food on the ica that is hurting our country in so Shareeka joined the union, and they table and have money left over. The many different ways. fought for a $15 minimum wage. In vast, thriving middle class was built on American workers deserve a better some parts of the country, that may the blood and sweat of labor unions and deal, and Democrats are going to offer seem like a lot of money. In New York those who organized the labor unions, it. We are calling it freedom to nego- City, I can tell you that it does not go often at their physical peril, back in tiate. We are offering the middle class, that far. Costs are higher. Shareeka the thirties. and those who are struggling to get was able to quit her second job and Unfortunately, over the last few dec- there, a better deal by taking on com- spend time with her daughters, like all ades, union membership has declined panies that undermine unions and un- parents want to do. Shareeka and her and, along with it, middle-class wages derpay their workers, and beginning to coworkers won a union contract, and and opportunities. In the seventies, unwind a rigged system that threatens now they are able to gain the tools union membership was near 30 percent, every worker’s freedom to negotiate they needed to protect themselves and but it had fallen to just 11 percent of with their employer. do their work in a safer environment. all workers by 2014. That decline is Our plan would, among other things, Shareeka is a metaphor for ‘‘Amer- mostly because the union movement strengthen penalties on predatory cor- ican workers,’’ so many of whom have and, concurrently, the middle class, porations that violate workers’ rights; lost good-paying jobs that have gone with which it is allied, have been under ban State right-to-work laws that un- overseas or that have been closed due attack from big corporate special in- dermine worker freedoms to join to- to automation. When they organize in terests and the conservative movement gether and negotiate; strengthen a these new types of jobs, they can get for the better part of the last three worker’s right to strike for essential the kinds of wages people used to get in decades. It is well funded by a small workplace improvements; and provide the jobs that have gone away. group of very rich and, I might say, millions of public employees—State, It is pretty simple: When workers greedy people, and it is patient. local, and Federal—with the freedom to have the freedom to negotiate with Their goal is to, by any means nec- join a union and collectively bargain their employers, they have safer work- essary—Congress, the courts, what- with their employers. ing conditions, better wages, and fairer ever—break up existing unions and pre- Over the past century, labor unions overtime and leave policies. Shareeka’s vent new unions from forming. They have fought to stitch into the fabric of story is a testament to that fact. will pursue any avenue in order to dis- our economy a basic sense of fairness Our better deal, the freedom to nego- rupt the ability of workers to organize for workers. Each worker left on his or tiate, will do for so many Americans and collectively bargain for a fair her own has no power against the big what Shareeka’s union did for her in share of the profits they create so that corporate interests that employ them, New York. It will turn things around they can make an extra buck. but together unions and workers who for our country. Maybe middle-class These forces will do whatever it unite in unions can have some say. wages will start going up, and maybe takes to keep rigging the system in No one taught me better about the people will start having faith in the fu- their favor, like asking the Supreme lack of fairness than a 32BJ worker I ture again. We Democrats—hopefully, Court to rule on Janus v. AFSCME, a met several years ago at the JFK maybe, joined by a few courageous Re- case backed by the Koch brothers—$40 International Airport, who was named publicans—are going to fight to get it billion each, maybe more; plenty of Shareeka Elliot. When I first met done. money—but they hate giving any Shareeka, she was a mother of two I yield the floor. money to workers. And there is no children who was struggling to make I suggest the absence of a quorum. record evidence of a single lower court ends meet. She was working the grave- The PRESIDING OFFICER. The ruling in its favor. yard shift cleaning the terminals at clerk will call the roll. If anyone doubts the politicization of JFK and serving hamburgers at The bill clerk proceeded to call the the Supreme Court, just look at their McDonald’s during the day. She was roll. being willing to hear this case twice, forced to rely on public assistance Mrs. MURRAY. Mr. President, I ask which comes with a crazy legal theory since she had gotten so little in wages unanimous consent that the order for that a First Amendment basis should from those jobs. She lived in a house the quorum call be rescinded. be used to destroy collective bar- with six other family members to be The PRESIDING OFFICER (Mr. gaining. It is merely designed to elimi- able to pay the rent. She was not a GARDNER). Without objection, it is so nate the freedom of people to come to- freeloader. She was working two jobs, ordered. gether in unions. If the Supreme Court but she got minimum wage and could Mrs. MURRAY. Mr. President, I ask endorses the arguments of Janus, it hardly support herself. She barely saw unanimous consent to speak as in will be a dark day for the American her children and spent most of her free morning business. worker. time in getting to this job—this poorly The PRESIDING OFFICER. Without Chief Justice Roberts, who said he paid, minimum wage job. She had to objection, it is so ordered. would be fair and call balls and strikes, take a bus for 2 hours from East New Mrs. MURRAY. Mr. President, I want in my view, has lost all pretence of York to the JFK International Airport. to thank my colleague Senator BROWN fairness. He wants to keep the Court She was not angry, by the way, as for leading the effort on the floor to nonpolitical, but he keeps pushing she was a churchgoing lady. She had speak out against the latest attacks on cases like this. Since his confirmation, faith in God to provide, but she suf- union rights that are in front of the under Chief Justice Roberts, the Court fered so. Supreme Court right now. I am very has methodically moved in a pro-cor- By the way, 30 years ago, if you had proud to join him to highlight the con- porate direction in its constantly and cleaned bathrooms at an airport, you tributions unions have made to our consistently siding with the big cor- would have been employed by the air- middle class, to the economy, and to porate interests over the interests of lines or by the terminal. But because our country. I want to express my com- workers. Already, it has been the most these companies have learned to farm mitment to stand up against any at- pro-corporate Court since World War out the labor to subsidiaries, to fran- tempts to undermine workers’ rights to II. A decision in favor of Janus will be chises, and to other corporations that join a union and bargain collectively.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.028 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6955 Since day one, President Trump has the rights of working people and why I ing to pay dues that made those efforts broken his campaign promise, which stand shoulder to shoulder with orga- possible. Make no mistake, a decision was to put our workers first, by rolling nized labor. sanctioning this practice would strip back worker protections and putting We must work together to combat away freedom from millions of Ameri- corporations and billionaires ahead of the assault on the protections that cans. It would steal their freedom to our working families, and now we are workers have fought so hard to secure. join together to bargain for better seeing corporate special interests dou- It is more important than ever that we wages, it would steal their freedom to bling down on their attempts to under- here in Washington work to expand join together to insist on worker pro- mine the rights of workers to band to- economic opportunity for hard-working tections, and, ultimately, it would be- gether. So it is critical now more than Americans, many of whom come from a tray middle-class America, which re- ever that we are committed to pro- union home. That means passing labor lies on organizing to effectively nego- tecting our workers and their ability law reform to make it easier, not hard- tiate with powerful corporations. to advocate for safe working condi- er to join a union. That also means ex- Another way we can support our tions, better wages, and a secure retire- panding the use of project labor agree- union workers is by making a serious ment. ments for major construction projects investment in our Nation’s infrastruc- Unions helped create the middle class and opposing efforts to repeal pre- ture, which leads to more good-paying in this country and helped a lot of our vailing wage laws. It also means de- jobs and greater economic opportunity families in the last century become fi- fending the Davis-Bacon Act. The Fed- for working families. Improving our nancially secure. But over the last few eral Government can and should be a Nation’s infrastructure is really just decades, as workers’ bargaining power model employer that encourages com- common sense. That is why I intro- and union density have declined, we as panies to pay fair wages. duced a bill, which was passed into law, a country have seen a decline in the It is important to note the great to cut redtape and reduce delays on middle class and a rise in income in- progress that collective bargaining is construction projects in Illinois and equality in this country. As we all making for all people. More families our surrounding States. Upgrading our know, too many families today are today have two working parents than transportation systems will help Illi- struggling to make ends meet. Mean- ever before, and women’s growing role noisans and all Americans who depend while, corporations’ profits are at an in our unions have increased to nearly on our roads and transit systems to get alltime high. half of the labor workforce. In Illinois to work every day, as well as busi- I will continue to fight back against alone, 44 percent of union workers are nesses that need our airports, high- any attempts by this administration women. The labor movement, which ways, and our freight network to ship and by special interests to rig the rules had a pivotal role in creating national their products. against the people who go to work minimum wage, the 40-hour workweek, I am working each day to support our every day. I will keep fighting for poli- overtime pay, and standards for work- hard-working, middle-class families. cies that will help families save just a place health and safety, is now also im- Through organizing, unions have be- little more in their bank account, pacting women workers and their fami- come champions for working families whether it includes raising the min- lies in a significant way. both in and out of the Federal Govern- imum wage or fighting for equal pay The collective voice that working ment. for equal work or strengthening our Americans have is responsible for im- I thank our union representatives for workers’ rights to seek out and join a proving sick leave and paid family all the work they do for our families, union and bargain collectively. I urge leave policies at the State and local our communities, and our Nation. all of our colleagues who want to help levels. These efforts can also lead to re- Thank you. working families to get ahead to join ducing our Nation’s long-lasting wage The PRESIDING OFFICER. The Sen- me in that effort. gaps between gender and race. Labor ator from Massachusetts. Thank you, Mr. President. unions tend to raise wages and improve Ms. WARREN. Mr. President, last I yield the floor. benefits for all represented workers, es- year, powerful corporate interest I suggest the absence of a quorum. pecially for women, and women of all groups actually stole a Supreme Court The PRESIDING OFFICER. The major racial and ethnic groups experi- seat and handed it over to their hand- clerk will call the roll. ence a wage advantage when they are picked choice, Neil Gorsuch. Now those The bill clerk proceeded to call the in a union. There is still a long way to powerful corporate groups are about to roll. go in the wage gap fight, but unions use that seat to deal a devastating Ms. DUCKWORTH. Mr. President, I are leading the way to make those gaps blow to hard-working teachers, fire- ask unanimous consent that the order smaller. fighters, nurses, and police all across for the quorum call be rescinded. Unfortunately, organized labor is this country. The PRESIDING OFFICER. Without under attack. In Illinois, the anti- On September 28, the Supreme Court objection, it is so ordered. union surge is on the rise. Nationwide, announced that it would hear a case Ms. DUCKWORTH. Mr. President, I so-called right-to-work efforts are called Janus v. AFSCME Council 31. am here to speak out in favor of work- growing. We need to be clear on one AFSCME 31 is a union representing ing families and how we can empower thing: These laws do absolutely noth- public sector workers in Illinois. This American workers to obtain good jobs, ing to strengthen workers’ rights, de- case will determine whether the public to secure a safe retirement after a life- spite their misleading names and rhet- sector unions that represent teachers, time of hard work, and to give them oric. nurses, firefighters, and police officers the freedom to join together to nego- Make no mistake, opponents of orga- in States and cities across the country tiate for better pay and safer working nized labor are well funded and relent- can collect fees from all the employees conditions. less in advancing union-busting cam- in the workplaces they represent. Unions in the United States are im- paigns. We must work together and Many expect that Justice Gorsuch portant for our families and for our Na- challenge these growing dangers to will deliver the deciding vote in that tion’s economy. Organized labor is one America’s middle class. case, that he will force unions to rep- of the greatest forces driving the mid- The U.S. Supreme Court will soon de- resent employees who do not pay dues dle class, which is especially important cide a case that could determine the fu- and, in doing so, cut off sustainable for our veterans and members of the ture of American unions. A slim major- funding for public union organizing. military. Union jobs help provide our ity of conservative Justices may hand Judges are supposed to be impartial, servicemembers and veterans with the down an anti-worker decision that but there is no reason to expect that economic opportunities that they have would dramatically undo existing Justice Gorsuch will be impartial in earned. Union jobs help working moms precedent and sabotage the ability of this case. On the afternoon of Sep- and dads put food on the table, and unions to effectively represent hard- tember 28—the very same day that the union jobs help power the engine of our working, everyday Americans. Workers Supreme Court announced that it economy—our middle class. That is should not be able to reap all the bene- would hear the Janus case—Justice why I am working every day to protect fits of union negotiations while refus- Gorsuch attended a luncheon at the

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.029 S01NOPT1 S6956 CONGRESSIONAL RECORD — SENATE November 1, 2017 Trump International Hotel. And he Powerful interests invested vast Workers already have the right to de- didn’t just attend an event at a hotel sums of money in electing President cide whether to join a union. They that makes money for the President. Trump, and with each of his anti-work- have the right to decide. It is common Nope. He gave the keynote speech for a er actions, their investments are pay- sense that if these workers benefit rightwing group funded by one of the ing off. Powerful interests also spent from the higher wages and better work- Koch brothers and by the Bradley vast sums of money to push Federal ing conditions that result from con- Foundation—billionaires and wealthy judges who will tilt our courts even tract negotiations undertaken by the donors who are pumping money into further in favor of billionaires and big union, that those workers should have the people behind the Janus case. businesses. to chip in for the cost of these negotia- It is no surprise that these rich guys They did it when they spent millions tions. That is just fair. These negotia- want to break the backs of unions. of dollars to hold open a Supreme tions get results and they benefit After all, unions speak up, unions fight Court seat for over a year. They did it workers. They benefit workers who are back, and unions call out billionaires when they spent millions more to pro- in the union and benefit workers who who rig the system to favor themselves mote Neil Gorsuch to fill that seat. are not in the union. and to leave everyone else in the dirt. Now that the Court is poised to deliver The right to bargain collectively has What is at stake in the Janus case is a massive blow to public sector unions been an integral part of raising income basic freedom—the freedom to build and workers, their investment is pay- and growing the middle class over the something strong and valuable, the ing off big time. course of the last century. Being able freedom to have a real voice to speak The stakes here couldn’t be higher. to organize and bargain collectively al- out, the freedom to build a future that Millions of teachers, nurses, fire- lows workers to demand higher wages doesn’t hang by a thread at the whim fighters, and police officers are looking and salaries and of course boost their of a billionaire. And just as the Su- to the Court for a fair hearing of the incomes. These workers have more preme Court decides to take up a deci- case. They are holding out hope that money to provide for their families, to sion that puts the freedom of millions their freedom to come together and to increase consumption, which in turn of working people in jeopardy, Justice stand up for themselves in the work- increases both production and employ- Gorsuch shows up as the star attrac- place, their freedom to fight for higher ment. Putting more money in the tion for a billionaire-sponsored outing wages, their freedom to fight for more hands of workers is good for workers to celebrate an organization that is generous benefits, and their freedom to and for the country. sponsoring an operation to put work- fight for a better future for themselves Over the last several decades, we ers’ freedom on the chopping block. and their children will be preserved. have seen the balance of power across With this kind of brazen disregard for Unless we make real change, working our Nation tilt more and more in favor fairness and impartiality, it is no won- people are just going to get kicked der that Gallup Polls have found that of the wealthy and the largest cor- again and again, and we can make porate interests at the expense of fewer than half of all Americans ap- change. We can make the change right prove of the way the Supreme Court is working Americans. here in Washington. We can stand up The Supreme Court has not been im- now handling its job. In a shameless and fight for our democracy, and we mune from this trend. Under Chief Jus- decision to abandon even the appear- can start by demanding that everyone tice Roberts, the Court has become an ance of neutrality, Justice Gorsuch in our government is accountable, in- makes it clear that he is on the attack ever more reliable ally for big corpora- cluding the President of the United tions. A major study published in the against American unions and American States and the Supreme Court of the workers. Minnesota Law Review in 2013 found United States. that the four conservative Justices In the Trump administration, work- Thank you, Mr. President. ers have been under repeated attack. currently sitting on the Court—Jus- I yield the floor. tices Alito, Roberts, Thomas, and Ken- Since taking office, President Trump I suggest the absence of a quorum. has signed several laws sent to him by The PRESIDING OFFICER. The nedy—are among the six most busi- the Republican Congress, laws that di- clerk will call the roll. ness-friendly Supreme Court Justices rectly undermine the wages, benefits, The bill clerk proceeded to call the since 1946. So four of the six most busi- health and safety of American workers. roll. ness-friendly are serving on the Court In just 10 months, they have rolled Mr. CASEY. Mr. President, I ask at the same time. back rules designed to make sure that unanimous consent that the order for A review by the Constitutional Ac- Federal contractors don’t cheat their the quorum call be rescinded. countability Center—which is an ongo- workers out of hard-earned wages. The PRESIDING OFFICER. Without ing review and is updated with every They have delayed safety standards objection, it is so ordered. case the Supreme Court decides—shows that keep workers from being exposed Mr. CASEY. I also ask unanimous the consequences of the Court’s cor- to lethal, carcinogenic materials. They consent to speak as in morning busi- porate tilt, finding that the chamber of have given shady financial advisers ness. commerce has had a success rate of 70 more time to cheat hard-working The PRESIDING OFFICER. Without percent in cases before the Roberts’ Americans out of billions of dollars in objection, it is so ordered. Court—a significant increase over pre- retirement savings, and the list goes Mr. CASEY. Mr. President, 40 years vious courts. on. ago, the U.S. Supreme Court ruled that These are all critical cases. These are This is a democracy, and in a democ- nonunion public workers who benefit cases of critical importance to every- racy, the government in Washington is from the work conducted by a union to day Americans. These are cases involv- supposed to work for the people who negotiate contracts that they benefit ing, for example, rules for consumer sent us here. So why is it that the Fed- from should have to pay a fee to cover contracts, challenges to regulations en- eral Government seems to be working costs associated with this work. If all suring fair pay and labor standards, at- against the interests of 150 million workers benefit, it is only right that tempts by consumers to hold compa- Americans who work for a living? Well, everyone contributes a fair-share fee. nies accountable for product safety, there is one reason—money. However, in recent years, there has and much more. Money slithers through Washington been a well-funded effort by special in- Well-funded corporate special inter- like a snake. Its influence is every- terest groups backed by corporate bil- ests do not have the best interests of where. There are obvious ways that we lionaires to dismantle unions and si- working families at heart. They are know about—the campaign contribu- lence the voice of workers. There have pushing these efforts to reduce their tions from giant corporations and their been a number of attempts to overturn bottom line by reducing the incomes of armies of lawyers and lobbyists—but it the 1977 decision in Abood v. Detroit working families. is also the think tanks and the bought- Board of Education. Other efforts have That is why we are standing today to and-paid-for experts who are funded by targeted State legislatures where they make sure that the voice of working shadowy money, whose point of view have had success in many States. In Pennsylvanians and Americans are seems always to help the rich and pow- other States like Pennsylvania, these heard. To increase incomes and erful get richer and more powerful. efforts were blocked. strengthen the middle class, we need to

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.031 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6957 stop the assault on workers and labor son for this rule was fairly straight- I suggest the absence of a quorum. unions, whether it happens in Congress forward: We should not be sending tax- The PRESIDING OFFICER. The or in State legislatures or, indeed, in payer dollars to employers that can’t clerk will call the roll. the U.S. Supreme Court. keep their employees safe or that cheat The senior assistant legislative clerk I yield the floor. them out of their hard-earned dollars. proceeded to call the roll. I suggest the absence of a quorum. Yet Republicans repealed the rule. Mr. BROWN. Mr. President, I ask The PRESIDING OFFICER. The Now, across the country, we are see- unanimous consent that the order for clerk will call the roll. ing a wave of so-called right-to-work the quorum call be rescinded. The senior assistant legislative clerk legislation, which in practice means The PRESIDING OFFICER (Mr. LEE). proceeded to call the roll. you can work more hours for less pay. Without objection, it is so ordered. Mr. PETERS. Mr. President, I ask In Michigan we are seeing the impact Mr. BROWN. Mr. President, I wish to unanimous consent that the order for of this misguided legislation. thank my colleagues for joining me on the quorum call be rescinded. Supporters of these policies told us the floor today to stand with American The PRESIDING OFFICER. Without that wages and job growth would in- workers. We organized a group of close objection, it is so ordered. crease if Michigan just passed laws to to a dozen Senators who have heartfelt Mr. PETERS. Mr. President, I rise crack down on union membership. and strong views about the dignity of today to speak in proud support of Well, Michigan has the law, but work- work, who understand so well that America’s workers—the men and ers and their families aren’t seeing any workers are working harder and smart- women who build our cars and our of the promised benefits. er but earn less and less money, in homes, who move American-made In the years since passage of the law, spite of their hard work, in spite of products across oceans, lakes, and the economic data clearly shows that, their commitment. highways, who teach our children yes, corporate profits are up but not I have been joined on the floor al- every school day, who take care of our wages. In fact, when comparing Michi- ready by Senator SCHUMER from New families when they get sick, and who gan to States that haven’t attacked York, Senator MURRAY from Wash- keep us safe in our communities. I have union membership, studies suggest ington State, Senator DUCKWORTH from seen firsthand the importance of that we have fallen behind pro-union Illinois, Senator WARREN of Massachu- unions, both in my home State, where States when it comes to worker pay. setts, Senator CASEY from Pennsyl- I grew up, and across the country. I am deeply concerned by the ongoing vania, and Senator PETERS from Michi- This is deeply personal for me. My fa- efforts to implement national anti- gan, and speaking after I speak will be ther Herb was a public school teacher union laws, including the Janus v. Senator WHITEHOUSE of Rhode Island and an active member of the Michigan AFSCME case that the U.S. Supreme and Senator MERKLEY of Oregon and Education Association. My father-in- Court will rule on in the very near fu- Senator DURBIN of Illinois. I thank law Raul was a proud member—and ture. A negative ruling in this case them for standing up for American continues to be a proud member—of would be a huge loss for American workers. the United Auto Workers. workers and would undermine the right People in Ohio and around the coun- My mother Madeleine found eco- to collectively bargain. try, as I said, work harder, and they nomic opportunity as a nurse’s aide. As We should be doing everything we work longer than ever, but they have part of providing the best care possible can to support American workers and less and less to show for it. Over the to patients, she fought for a better their right to fight for better working last 40 years, GDP has gone up, cor- workplace for her colleagues, and then conditions, fair pay, and the ability to porate profits have gone up, executives’ she went on to help organize her work- care for their families. Instead of at- salaries have gone up all because of the place. She later served as a union stew- tacking our Nation’s labor unions, we productivity of American workers. ard with the SEIU. should be celebrating them. Again, GDP goes up, corporate profits My parents raised me in a middle- For generations, unions have helped go up, executive salaries explode up- class, union household. They instilled America build the world’s most robust ward. Workers are more productive, in me the need, both, to stand up for middle class and a powerful economy, but workers have not shared in the eco- rights and to never take those rights second to no other nation. Unions have nomic growth they have created. Hard for granted. not only helped workers to take home work just doesn’t pay off like it did a Standing together for fair wages, more pay and have a safe place to generation ago. safer workplaces, and better hours, work, but they have also built commu- It is no coincidence that over that Michigan’s strong labor movement nities. Unions teach their members val- same timeframe, we have seen attack built the American manufacturing sec- uable skills and help them earn a se- after attack after attack on the labor tor and a middle class that made the cure retirement and have quality movement. Corporate special interests United States a global economic pow- healthcare. have spent decades stripping workers erhouse. Big corporations are not trying to of their freedom to organize for fair My parents and their fellow union undermine unions because they are wages and for benefits. The case the members embraced the union values looking out for newly hired employees. Supreme Court just agreed to take up, that built Michigan: the ability to earn They are fighting against unions be- Janus v. AFSCME, is yet another at- a good life where you grow up, hard cause of what unions stand for—the tempt to chip away at workers’ power work, fairness, and looking out for right to collectively bargain for better in the workplace. your neighbor—whether it is your pay, increased workplace safety, hard- These are public service workers. neighbor on the assembly line or in earned retirement benefits, and quality These are public schoolteachers, librar- your neighborhood. These are not just healthcare. ians, police officers, school nurses, fire- union values. These are American val- I ask my colleagues to take a mo- fighters, and postal workers. They are ues, and I learned to cherish them at a ment to consider our history and the not looking to get rich in these jobs. very young age. Now, I am sorry to hard-working men and women who They are just looking to be paid what say, these values are under attack, and built this great Nation of ours. Union they earn, the same as any other work- I can’t help but to take it personally. members are our neighbors, our fire- er in this country. This year we have seen new and un- fighters, our police officers, our teach- Make no mistake, an attack on pub- precedented attempts to undermine our ers, our nurses, our brothers and sis- lic sector unions is an attack on all Nation’s workers and their ability to ters, our moms, and our dads. They unions. An attack on unions is an at- collectively bargain. Earlier this year, build our cars, our homes, and our in- tack on all workers, whether they be- my Republican colleagues passed legis- frastructure. long to a union or not, and I mean all lation to repeal Federal rules that sim- I urge all of my colleagues to honor workers, whether you punch a time- ply required businesses to disclose pre- these men and women by opposing any clock or whether you fill out a time- vious workplace safety and fair pay and all efforts to expand harmful poli- sheet or swipe a badge, whether you violations before they could contract cies designed to undermine American make a salary or earn tips, whether with the Federal Government. The rea- workers. you are on payroll, a contract worker,

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.032 S01NOPT1 S6958 CONGRESSIONAL RECORD — SENATE November 1, 2017 a temp, working behind a desk, cutting My legislation, the Patriot Corpora- leagues think: Well, you know, people hair, working on a factory floor, or tion Act, says if corporations do the have paid vacations and people have working behind a restaurant counter. I right thing—if they pay their workers paid sick leave. Well, much of the mean all workers. well, if they pay benefits, if they do the country doesn’t, No. 1; and No. 2, those The fact is, all workers across this kinds of things American corporations who do often have that because they country—as profits go up, as GDP goes should do—then they get a lower tax had a strong union—a union that nego- up, as executive compensation goes up, rate because they have earned it. tiated sick leave pay for them, a union as workers get more productive, all We seem to have forgotten that all that negotiated vacation days for workers across this country are feeling work has dignity. We have forgotten, them, a union that negotiated family squeezed. Work doesn’t pay off the way as the Pope said, that ‘‘the person leave for them, and then, when those it used to. thrives in work. Labour is the most workers at a company get it, the other We have seen what happens when common form of cooperation that hu- nonunionized workers and companies workers have no power in the work- manity has generated in its history.’’ get it, and then those companies com- place. Increasingly, corporations view Think about that. ‘‘Labour is the most pete with other companies. American workers as a cost to be mini- common form of cooperation that hu- So the fact is—there is a bumper mized instead of a valuable asset in manity has generated in its history.’’ sticker that says: ‘‘If you enjoy your which to invest. What Washington and Wall Street weekend, thank a labor union.’’ Look at the news we got last month. don’t seem to understand is that work- Labor unions brought to this country This piece of news, when I mention this ers drive our economy, not corpora- things like weekends and more leisure to some of my colleagues, when I men- tions. You focus on the middle class, time and decent pay and all that. That tion it around the State of Ohio, peo- you grow the economy from the middle is why unions matter. That is why this ples’ mouths drop. The Bank of Amer- out, not cut taxes on the richest people decision in the Supreme Court matters. ica, Merrill Lynch downgraded the fast and expect the money to trickle down If the Supreme Court rules against food restaurant Chipotle because the into more money in workers’ pockets AFSCME, it will starve the union for company pays its workers too much. and more people are hired. You grow resources they use to organize and Remember what happened with the economy by treating workers well, grow and advocate for more workers. American Airlines a few months ago. by investing in workers. That is why At the risk of being disrespectful, it American Airlines announced it was we need unions to ensure that we would be nice if those nine members of doing a companywide pay increase, and spread economic growth to the people the Supreme Court would follow the the stock market punished them by creating it, to the people working too admonishment of Pope Francis, the knocking their stock down. Imagine many hours for too little pay. words of Pope Francis, who admon- that. So when a company wants to do I think about workers like Stephanie ished his parish priests to go out and the right thing, Wall Street says: No, in Columbus. She has worked for 25 smell like the flock. Find out where you are not going to do the right thing. years as a childcare attendant for stu- people live and work. Find out what Wall Street is saying: We want all the dents with special needs. She wrote, people do. money. Don’t give any of this money to saying: ‘‘Every day I wake up before Find out the living conditions of peo- workers—workers making $10 or $12 or the sun rises to prepare for three daily ple. $15 an hour. Think about that. Wall shifts aiding students with special Abraham Lincoln in the White House Street and Merrill Lynch didn’t say needs on their way to and from one day was talking to his staff. His they paid their workers too little, they school.’’ staff said: You have to stay here in the paid their workers too much. That is That is the person whom—because White House. You have to win the war. why the labor movement matters. she belongs to a union, that is the per- You have to free the slaves. You have Pope Francis spoke about how unions son whom corporate America, that the to preserve the Union. perform ‘‘an essential role for the com- rightwing of the Republican Party Lincoln said: No, I have to go out and mon good.’’ He said that the labor wants to attack? That is the kind of get my public opinion baths. movement ‘‘gives voice to those who person—Stephanie in Columbus—they It could be important if the Chief have none . . . unmasks the powerful want to attack? who trample on the rights of the most She worries that cases like this that Justice of the Supreme Court—who has vulnerable workers, defends the cause undermine her union ‘‘could severely an Ivy league education, went to the of the foreigner, the least, the dis- limit our voice on the job and hurt our best colleges and the best law schools, carded.’’ ability to best serve the children we grew up in a wealthy family, has done I just had the pleasure, for the last care so much about.’’ She said: very well as a professional, and is a few minutes in my office, to speak with ‘‘Unions provide a pathway to the mid- very smart man—if he would go out Bishop Murry of Youngstown, OH, and dle class for all people.’’ and smell like the flock, if he would go we were talking about the Pope and Think about a janitor I met in Cin- out and get his public opinion bath, about steelworkers in Youngstown and cinnati. I was speaking at a dinner. maybe he would hear some stories, as I about the struggles of workers and There was a table down front with have heard in my time in the Senate. wages and layoffs and all the things seven middle-age women—a pretty di- He would hear stories from people that have happened to—where the verse group. There was one empty seat who talk about how important it is winds of globalization have buffeted at the table. It was told to me by some that Stephanie has union protection. the workers in that community. Bishop others that this group of women were He probably has never really thought Murry, as does Pope Francis, under- janitors, custodians in downtown Cin- much about the fact that janitors, who stands what too many in this town cinnati, southwest Ohio, and these have worked 30 years as janitors—35 don’t; that workers feel invisible, en- women had signed their first union years for some of those women—but tire communities feel invisible. They contract with downtown Cincinnati never had a paid day off, never had a feel like they are getting used and business owners. So there were 1,200 paid vacation. He might learn some- abused and some other words I can’t janitors working in these downtown thing from them and think a little dif- say on the Senate floor. businesses—in these big buildings ferently about this. What, exactly, is the point of cre- downtown—and they had signed their If the Supreme Court rules against ating economic growth if workers don’t first union contract. AFSCME, it is the opposite of what we share in it, if ordinary families still I asked if I could sit at their table, need. We should be making it easier, can’t get ahead? and they said yes. I said to the woman not harder, for workers to come to- Everybody here loves to talk about next to me: What is it like to have a gether and negotiate. That is why, this tax reform and bring the corporate rate union? week, I am introducing legislation to down, but nobody is talking about pay- She said: I am 51 years old, and this strengthen the National Labor Rela- ing workers more or giving workers is the first time I will have a 1-week tions Act, to make it harder for em- more job security or what we should be paid vacation in my life. ployers to deny workers the freedom to doing—in working with companies and Think about that. We don’t think—I collectively bargain by playing games creating good jobs. am guessing that most of my col- with their job titles and classifications.

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.034 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6959 Instead of stacking the deck even fur- ground States. This was not an easy But in the meantime, you have had ther in favor of corporate CEOs, we plan because, in some cases, they had election after election in which the ef- need to make it easier for workers to to spend millions of dollars to win one fect at the polls was had. organize. That is how we make hard or two State legislative seats, so they They couldn’t have been more wrong work pay off. could then control the State legisla- about the notion that if you lifted the I suggest the absence of a quorum. ture, so they could then change the dis- preclearance requirement, everybody The PRESIDING OFFICER. The tricts consistent with the bulk gerry- was going to be fine. Those were just clerk will call the roll. mandering scheme. the bad old days; it was a whole new The senior assistant legislative clerk The result is what happened in America; racism didn’t exist; efforts by proceeded to call the roll. States like Senator BROWN’s, where, one party to keep the other parties Mr. WHITEHOUSE. Mr. President, I when he was reelected, he was on the away from the polls weren’t anything ask unanimous consent that the order ballot with President Obama, who was to worry about. Move along, move for the quorum call be rescinded. also reelected, and the majority of the along; nothing to see here, folks. They The PRESIDING OFFICER. Without votes cast in his State for Members of were just plain dead wrong. They had objection, it is so ordered. Congress were cast for Democrats, but absolutely no clue, and they have been Mr. WHITEHOUSE. Mr. President, against that background, many more proven dead wrong since. But, again, the Janus decision coming up in the Republicans than Democrats actually both of those cases were 5 to 4, all Re- U.S. Supreme Court, which Senator went to Congress in that election. publicans together. BROWN has just spoken about, is one A similar thing happened in Pennsyl- Then, of course, the big whammy that merits the attention of people who vania. My recollection is that on the came when the big special interests are concerned about the country and same set of facts, Senator CASEY, a that so often are the core backers of the Court. Democrat, was reelected; President the Republican Party decided that they I wish to make two points in my re- Obama, a Democrat, was reelected; a felt really constrained by having to marks. The first has to do with the majority of Pennsylvania votes were live under campaign finance limits. very difficult to explain—or at least cast for Democratic Members of Con- They wanted to be able to spend unlim- very difficult to comfortably explain— gress; the delegation was 13 Repub- ited money in elections. Well, that is pattern of 5-to-4 decisions of the U.S. licans and 5 Democrats. Somebody is fine. It reminds me a little bit of the Supreme Court, in which the five con- messing around, and it was a 5-to-4 Re- story of the French philosopher who sist entirely of Republican appointees. publican Supreme Court that opened touted the majesty and equality of the The Supreme Court makes a lot of that can of worms and unleashed French law, which forbid both rich and poor alike from sleeping under bridges decisions, of course. But there is some- REDMAP on the political landscape. thing that is particularly interesting They have a chance to review that and begging for bread. Well, guess who actually sleeps under bridges and begs about the 5-to-4 decisions, where the now. Senator MCCAIN has written a bi- five Republican appointees line up and partisan brief asking them to wake up for bread. It is not rich and poor. And roll the other appointees. When we and smell the coffee about what has guess who can take advantage of a rule start looking at those decisions, there gone wrong here. We will see if they do that you can spend unlimited money in are some really significant patterns or not, but, clearly, that was a decision politics. Only those who meet two con- ditions: One, they have unlimited that emerge. The first pattern goes to that benefited the Republican Party’s money to spend, and, two, they have a issues in which the court is treading polls, and, clearly, it was 5 to 4. into the world of politics. Then you go to the Voting Rights good reason to spend it. In other words, Bear in mind that when Sandra Day Act cases. There were two of them. In really big special interests. The Court’s decision, presuming that O’Connor left the Court, it lost its only the first one, Bartlett v. Strickland, this spending was going to be either member who had ever run for office. the five Republican members teed up a independent or transparent, has been What Justice O’Connor left behind was new standard, which they mentioned, turned into a mockery by events since. the first Court in the history of the but they didn’t really act on it. Then, They obviously did not know what they United States that had exactly zero ex- when it came to the home run pitch, were talking about. Facts have borne perience with elections and politics. Shelby County v. Holder, they created out that they did not know what they There has never been as ignorant and this new theory about which very con- were talking about. They were com- green a Court in the history of the servative judges, like Posner, said that, pletely dead wrong. United States when it comes to poli- basically, it stands on thin air. It has Interestingly, since then, despite the tics; yet there has rarely been a Court no basis whatsoever in any real legal presumption of their decision having so flagrantly eager to jump into poli- theory. They knocked out the part of been cut completely out from under- tics and make very consequential deci- the Voting Rights Act that requires neath it, the Court has shown no inter- sions. States with a wretched history of est in a correction. They have shown When we look at the 5-to-4 deci- abuse of minorities and Democratic no interest in correcting their error. sions—which I think are probably the voters at the polls to get preclearance They seem completely happy, the 5 to bulk of those—each one aligns with the from the Department of Justice or 4—the five Republican appointees— political interests of the Republican from a court before they can change completely happy to have the land- Party—each one. It is not one or two or their State laws to scare people or keep scape of American politics polluted even three. It goes on and on and on. people away from the polls. with this money. The oldest one in the series is prob- With that knocked out, guess what. There again, it wasn’t just one deci- ably Vieth v. Jubelirer, which was the All these legislatures across the South sion. It was a bunch of them. Citizens decision in which the five Republicans went straight to work. They passed law United was the big one; Tradition Part- said: This whole gerrymandering thing after law after law to deny people ac- nership, Inc. v. Bullock another; is just too difficult for us. We are going cess to the polls, and over and over McCutcheon v. FEC yet another; Davis to declare open season. There is going again, the courts that reviewed those v. FEC yet another; Arizona Free En- to be no judicial remedy. We can’t fig- and the appellate courts that reviewed terprise Club’s FreedomClub PAC v. ure out one, so we don’t have one. the district court decisions found that Bennett yet another—all 5 to 4, all the It is not just me who is saying that. the laws had been intentionally dis- Republicans lining up, all throwing out The ABA section on election law said criminatory, that the legislature had precedent or laws that had stood for 100 in its volume: Look, basically, it is intended to keep people away from the years. game over for court review of gerry- polls, that they had intended to dis- So Janus fits right into this pattern mandering. What immediately hap- criminate against Democrat and mi- of 5-to-4 decisions. Indeed, it is actu- pened after that was the Republican nority voters, and that they had chosen ally a little bit worse because some- Party went to work with that green- to do that deliberately. thing weird happened early on when light signal and did the REDMAP Of course, you can go back after all one of those 5 to 4—the Republican five project, which created massive, bulk that litigation and clean it up and try Justices on the Supreme Court—sig- gerrymandering through the battle- to get the laws stricken and all of that. naled to the corporate supporters of

VerDate Sep 11 2014 03:08 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.037 S01NOPT1 S6960 CONGRESSIONAL RECORD — SENATE November 1, 2017 this ideology that he was interested in into court with the belief that the called Janus v. AFSCME. It is the very taking a whack at unions in a par- judges you are going to argue before epitome of the principle of a nation so ticular way. are prejudged against you. The con- corrupted that it honors the opposite There is a pet peeve of the union- fidence that Carvin must have had to of what our Constitution stands for. busting rightwing and the corporate want to lose a case deliberately below The sole purpose of this case, Janus sector, which was a decision from 1977 so that he could hightail it at high v. AFSCME, is to undercut the ability called Abood v. Detroit Board of Edu- speed up to a court that he knew was of workers to organize. This is an as- cation. That decision allows unions to going to rule his way because they told sault on the freedom of working Ameri- collect some dues from nonmembers on him they would—that is not American cans to associate with their coworkers. the grounds that their work for their justice in the way it should be deliv- It is an assault on the freedom of work- members has benefit to other members. ered. ing Americans to negotiate a fair wage. So you break out their wages work, As it turned out, they took up the It is an assault on the freedom of which helps everybody, from their po- case. It was called Friedrichs. It was Americans to fight for fairer benefits litical work, which you can going to be 5 to 4, just as expected, and and a safe workplace. Bottom line: It is disaggregate from, and it allows you to then Justice Scalia unexpectedly an assault on the freedom of workers collect certain dues—not complete passed away. If you read about how the to participate in the wealth they work dues, but certain dues—from nonunion press took that, it was very clear that so hard to create. members. What Abood did was to help the fix had been in on this case. unions keep revenues from the service In short, this is the right to exploit ‘‘Corporate America had high hopes,’’ the that our Supreme Court—majority of that they give to nonmembers who Journal said, because ‘‘the Supreme Court benefit from their work. Without that five—is so determined to elevate. I appeared poised to deliver long-sought con- have read the Constitution, and I have rule, employees would be encouraged to servative victories.’’ be free riders and just get the benefit of never seen embedded in it a right to ex- Since when should a court be poised ploit, a right to cheat, a right to take what the union is doing without mak- to deliver long-sought conservative ing any contribution to support it advantage of. Yet here is the majority victories, not fair, dispassionate adju- of the Court prepared to fight for ex- whatsoever. Of course, if that were to dication? But that is the reporting of happen, the balance of power between ploitation on behalf of the 1 percent of the friendly Wall Street Journal. And Americans at the very top. corporations and unions would shift those long-sought conservative vic- The key strategy in this case is to at- further toward corporations. tories were going to take the form of tack the finances of workers when they The story is told quite well in the ‘‘ ‘body blow[s] that business had organize. Former President Jimmy New York Times by a reporter named sought against consumer and worker Carter once said: ‘‘Every advance in Adam Liptak, who is a Supreme Court plaintiffs.’ The cases ‘had been care- this half-century—Social Security, reporter. I will read his story. fully developed by activists to cap- civil rights, Medicare, aid to education, In making a minor adjustment to how pub- italize on the court’s rightward tilt.’ ’’ lic unions must issue notifications about one after another—came with the sup- Come on. This is not adjudication their political spending, Justice Alito di- port and leadership of American any longer; it is just the exercise of po- gressed to raise questions about the con- labor.’’ It has been workers banding to- litical power. And these 5-to-4 partisan stitutionality of requiring workers who are gether to say: We can create a better not members of public unions to pay fees for decisions by the Supreme Court are de- foundation for families to thrive. And the unions’ work on their behalf. . . . Justice grading the reputation of the Supreme that hasn’t just created a better foun- Sonia Sotomayor saw what was going on. Court, they are degrading the integrity dation for those who belong to unions; ‘‘To cast serious doubt on longstanding prec- of the Supreme Court, and they are de- edence,’’ she wrote in a concurrence, ‘‘is a it has created a better foundation for grading the role of the judiciary in our step we historically take only with the all workers. We saw them successfully vaunted scheme of constitutional gov- greatest caution and reticence. To do so, as band together and fight for a 40-hour ernment in the United States of Amer- the majority does, on our own invitation and workweek, fight for minimum wage, without adversarial presentation is both un- ica. fair and unwise.’’ With that, I yield to my distin- fight for sick leave, and fight for Michael A. Carvin, a leading conservative guished colleague from Oregon. healthy and safe working conditions— lawyer, also saw what was going on. He and The PRESIDING OFFICER. The Sen- again, benefits that every worker en- the Center for Individual Rights, a liber- ator from Oregon. joys because workers were able to orga- tarian group, promptly filed the challenge nize and fight to receive and win these Justice Alito had sketched out. Mr. MERKLEY. Mr. President, our Nation was founded on a powerful prin- provisions. I would say that he had invited. ciple encapsulated by the first three What is really going in the Janus Indeed, Mr. Carvin asked the lower courts words of our Constitution: ‘‘We the case? Any organization, in order to to rule against his clients, a Christian edu- function, has rights and responsibil- cation group and 10 California teachers, so People.’’ We are meant to be a nation, they could high-tail it to the Supreme Court. in the words of Abraham Lincoln, ‘‘of ities. Rights are the rewards you get for participating, and responsibilities Let me interrupt my reading of the the people, by the people, and for the are the requirement that you be part of story for a second and make the point people,’’ not a nation by and for the the team and you contribute to the ef- that this lawyer wanted to lose his most powerful, not a nation by and for fort. case in the lower courts. It is rare for the most privileged. Yet time and time lawyers to go into a court wanting to again, we are seeing a complete and When I was small, probably just 2 or lose. You have to have kind of a weird total corruption of the vision of our 3 years old, my mother had a book she motive to take a case into court that Constitution. would read to me that involved the ani- you want to lose. The obvious motive We saw this earlier this year with mals in the barnyard. Animal after ani- here is that Mr. Carvin had heard the one TrumpCare bill after another de- mal was asked to participate in mak- signal from Justice Alito that he was signed to rip healthcare away from 20 ing the bread, and animal after animal willing to rule his way if he would just to 30 million Americans to deliver tax turned it down, but when the bread was bring the right case. So it didn’t mat- giveaways to the richest in America. baked, they wanted a full share even ter whether he won or lost. Losing is We have seen it just recently in the though they had refused to participate actually quicker. It gets you right up consideration of a budget that reversed in the effort to create it. This is what to the Supreme Court. He is not inter- that and said that in order to give $4.5 Janus is all about. It is about the right ested in litigating the matter truly on trillion of tax giveaways almost en- to the rewards, divided from any re- the merits; he is only interested in get- tirely to the richest Americans, we will sponsibility to get the work done. ting as quickly as possible to the Su- take $1 trillion out of Medicaid and When workers organize, they say: We preme Court. Why? Because he knew half a trillion out of Medicare. We have are going to have to be able to have the that 5 to 4, he would get the right deci- seen this powerful conversion of stand- finances to drive this organization, and sion. ing our Constitution on its head, and to do that, we need to have every work- When you are a lawyer, the most now we have the Supreme Court fully er contribute a fair share. Those fair sickening feeling you can have is to go participating in this effort in a case share fees mean that all the workers

VerDate Sep 11 2014 04:30 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.038 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6961 are in it together, they are all contrib- what? Let’s undercut the American for workers, and she called a spade a uting, and they all benefit from the re- worker by making our goods overseas spade. The right to exploit is not a wards. in China and importing them. That right that any Member of this body Forever, the courts have said: Yes, way, we will demolish the jobs here in should pursue, and it certainly should with the reward goes the responsi- America, and we, the company, will not be pursued by the Supreme Court. bility. That is true of any organization. have made things at the lowest price in We know that there is a chapter 2 to It is fundamental in how organizations the world, have sold them at the world this strategy. The first is to get the work. If you don’t show up here on the market price, and have made a lot Supreme Court so that you can divide floor, you don’t get to vote. Every or- more money. This strategy worked for the rights from the responsibilities; ganization has its responsibilities that the multinational companies. They therefore, you as a worker do not have go with its rewards. But the 1 percent made vast sums of money for their to contribute to the cost, but you will have chosen a strategy that says: We stockholders and for their executives. benefit from the rewards. Pretty soon, will take one organization in Amer- This application of different rules for very few people will be contributing; ica—and that is workers organiza- foreign workers and domestic workers therefore, it will undermine the finan- tions—and we will drive an absolute really gave a huge advantage to our cial ability of the union to negotiate. wedge between the responsibility and competitor overseas and to a company Then they have a second strategy. the reward. that spanned both shores and could This fundraising letter was sent out These fees that we are talking about, move its production overseas. So we last year by the State Policy Network. these fair share fees, are not fees that saw the loss of 50,000 factories; we saw By the way, the State Policy Network go to political purposes. They don’t go the loss of 5 million factory jobs; we is an alliance of 66 State-based think to donations to candidates. They don’t saw the loss of an enormous number of tanks that are designed and funded by go to organizing campaigns walking supply chain jobs; and we saw, without the Koch brothers and their friends to door-to-door for candidates. They don’t those payrolls being spent in the com- undercut the ability of workers to get go to advertising on the television or munity, an enormous loss of retail jobs a fair share of the wealth that they the web. They are simply the cost of in the community, but it made the create. They said: Here is our plan to having a team that works to negotiate defund and defang our opponent, the an agreement with a company. wealthy wealthier, and that was the I find it absolutely evil that a major- goal of the strategy. unions—to deal a blow to the left’s ity of the Supreme Court is excited So here we are, facing this case that ability to control government. about embracing this right to exploit will come before the Court later this Ah, they are fancy words, but what other workers by saying in this one year, but the members of the Court they really meant was our goal is to case in America, you get the rewards have, essentially, already declared take and undo the ability of workers to without the responsibilities. If the their positions. Four members of the organize so as to get a fair share of the Court was applying that to a stock- Court were on the previous version of wealth they create. It is one evil act holder in a company, the equivalent this when the Court tied 4 to 4, and after another that is funded by the would be to say that the stockholder Neil Gorsuch, who was added to the Koch cartel. doesn’t have to contribute to the costs Court, has been very clear on which In our Nation, we have stood up to of the management of the corporation, side of this he stands. this type of abuse time and again. The so they can demand back their share of Should we put an asterisk by Neil American historian who created the what the management spends on their Gorsuch’s name? Should a 5-to-4 deci- phrase the ‘‘American dream’’ said, in salaries, on their office spaces, on their sion, with Gorsuch being in the major- each generation, there is a group of private jets, and on their trips to do ity, even carry weight here in our soci- Americans who rises up to take on the whatever they do, of the time they ety? This is the seat that for the first forces that appear to be overwhelming spend negotiating acquisitions to build time in U.S. history was stolen from us. We need to call on the people of the the size of the company or striking one President and delivered to another. United States who believe in the vision deals to sell their products. That would The majority of this body right here of our Constitution, to be that group to be the equivalent, that a stockholder stole the seat, undermining the integ- rise up and take on this effort to turn gets the rewards of all of that negotia- rity, dishonoring the oath, the respon- our Constitution on its head—to strip tion without having to participate in sibility for advice and consent, and ‘‘we the people’’ out of our Constitu- the cost. But this is not a situation in damaging the legitimacy of the Su- tion and replace it with ‘‘we the power- which five Justices want to apply con- preme Court. It was done because it ful’’—and to stand up against this type sistent principle because their goal was a strategy to enable the 1 percent of right to exploit, whether it is a bill isn’t to honor the Constitution, and to rip off ordinary working Americans. here on the floor of the U.S. Senate or their goal is not fairness; their single The prize for that was a position on it is a begotten majority of the Su- goal is to demolish the ability of work- Citizens United that now allows the preme Court. ers to organize, to get a fair share of wealthiest Americans to continue to The PRESIDING OFFICER. The Sen- the wealth they work to create. fund campaigns across this country to ator from Oklahoma. We can see that already our Nation is drown out the voices of ordinary people Mr. INHOFE. Mr. President, I am not in trouble on this principle. For the and a position on this case, the Janus the first guy to stand up here and make three decades after World War II, we case, that says that we will take one this observation, but I have serious had workers who had the strong ability organization in America, that of the concerns with how the nominee con- to organize and demand a fair share, workers, and divide the rewards from firmation process has been going in and we saw a revolution in the pros- the rights. this Congress. perity of workers in those three dec- We know who is behind this strategy. There is a blatant lack of respect for ades from 1945 through 1975. Individuals It is the Koch brothers through their the Senate nomination process and an who had lived in shacks, individuals organizations, the National Right to unprecedented level of obstructionism. who had been wiped out by the Great Work Foundation and the Liberty Jus- I have been here for a number of years, Depression suddenly were able to buy, tice Center. They were behind the so I know what to compare it with. I on a single worker’s income—it didn’t strategy for the theft of the Supreme have never seen so many people being even take two incomes—a three-bed- Court seat. They were behind the mas- delayed in their confirmations, know- room ranch house with a basement and sive increase in third-party spending ing that they are, ultimately, going to a single-car garage and were still able that polluted the campaigns across this be confirmed and that they are well- to save money for an annual camping country. They are behind this strategy qualified civil servants. trip and perhaps to save some to help to destroy the vision that is embedded The Democrats are forcing cloture their children launch themselves into in our Constitution. votes on nominees who have well over life. That is what we had when workers Eleanor Roosevelt once said: I am op- 60 votes in support. Last week, we held got a fair share. posed to this legislation because it a cloture vote on Scott Palk. Scott Yet, in the midseventies, the multi- gives employers the right to exploit. Palk is from Oklahoma. He is a guy national companies said: Do you know Eleanor Roosevelt was a real champion who everybody likes. He doesn’t have

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.049 S01NOPT1 S6962 CONGRESSIONAL RECORD — SENATE November 1, 2017 any enemies out there. In fact, he was There is a lot of work still to do. The profit has developed risk assessments actually nominated by President Agency needs its Assistant Administra- that did not support the industry spon- Obama. He was not even nominated by tors, who will work to implement sor and were the same or lower than this President. He ended up getting 79 many of the initiatives I have worked the safe levels set by government. Fur- votes. Still, the stall was there, and we toward for years. The Environment and thermore, he has provided expert testi- had to wait and wait and wait. Mean- Public Works Committee has now mony against industry on several occa- while, things are not getting done that voted out five Assistant Administra- sions. Unfortunately, the coordinated should be getting done. Furthermore, tors and General Counsel nominees, attack on Dr. Dourson will persist and the agency positions that we have and I hope we can move swiftly to get a good man’s reputation will continue hardly ever held rollcall votes on are these well qualified nominees over to to be put at risk. being forced to occupy floor time. the EPA to bring their expertise to an I ask that the leader find floor time There is no reason for these votes ex- Agency that desperately needs them. for Dr. Dourson as soon as possible so cept to delay the work of the courts Unfortunately, Democrats have tar- he can get back to work at an agency and our agencies. geted two of these nominees and have that he served commendably for many I am very supportive of the leader’s disparaged them, their work, and their years and ensure that those who seek commitment to our courts and how he backgrounds. to tear him down do not win. has prioritized judicial nominees. NOMINATION OF DR. MICHAEL DOURSON NOMINATION OF BILL WEHRUM These nominations are extremely im- Dr. Michael Dourson will be an excel- I also ask that the leader prioritize portant and will ensure that the rule of lent Assistant Administrator for the another nominee that has also faced law is upheld for, possibly, decades to Office of Chemical Safety and Pollu- unfair and false attacks. I have known come, benefiting all Americans. tion Prevention and will bring much Bill Wehrum for years, and I have no ENVIRONMENTAL PROTECTION AGENCY needed expertise and experience to the doubt that he is the best choice to head However, there is an Agency that is office in charge of the TSCA reauthor- the Office of Air and Radiation. I re- doing work that is also important to ization law. The TSCA bill was a huge gret that his first nomination to the all Americans and needs appointments, success last year. It was done on a bi- EPA back during the George W. Bush and that Agency is the Environmental partisan basis. It is the first major re- administration was blocked by Senate Protection Agency. If there has been form bill in 40 years, and we were able Democrats. It is my hope that we can one Agency over the last 8 years that to get that through. Yet we need to correct that wrong and confirm him as has run around and expanded its au- have a person as the Assistant Admin- one of the Assistant Administrators. thority beyond congressional intent, it istrator to make sure it is done right. He has served the public and is widely is the EPA. Putting confirmed ap- Dr. Dourson has endured a coordi- recognized for his knowledge of the pointees in place at the EPA will allow nated campaign against him that mis- Clean Air Act. represents who he is and his record. The Clean Air Act has been very suc- the President and Scott Pruitt to be There are groups working to paint Dr. cessful. In fact, I was one of the origi- successful in their efforts to rightsize Dourson as an ‘‘industry scientist.’’ nal cosponsors of the Clean Air Act that Agency. He has talked about that What you will not hear from these Amendments. It has performed very quite a bit. It is a bloated Agency that groups is that much of his career expe- well. He was very much involved in needs to be rightsized, and he needs rience comes from the EPA itself, that also. So there is no one more help to do that. where he worked for 15 years. During Last week, I highlighted the great qualified to head that Office of Air and his years at the EPA, Dr. Dourson things that Scott Pruitt is doing as Ad- Radiation than Mr. Wehrum, and I am helped establish the Integrated Risk sure of that. He has been consistently ministrator. I was able to visit with Information System, which helps iden- recognized as a leader and top lawyer him yesterday at the EPA and witness tify and document the potential dan- in environmental law by such groups firsthand the implementation of new gers of chemicals found in the environ- and publications as Chambers USA, the policies that will bring about positive ment. He also has the honor of having Legal 500 United States, and Washing- changes in an Agency that has run received four bronze medals from the tonian magazine. roughshod over the American people. EPA for this commendable work. Dr. He, too, has worked at the EPA in With the repeal of WOTUS and the Dourson also served on EPA’s Sci- the past and will once again serve the Clean Power Plan, with the implemen- entific Advisory Board for 6 years and Agency and the American people with tation of TSCA, in reforming the Agen- has held leadership roles with a num- integrity. Mr. Wehrum is also under at- cy by ending sue-and-settle processes, ber of relevant toxicology organiza- tack for working on behalf of industry. and by creating greater transparency tions, receiving several awards from The environmental industry—and it is on the EPA’s Science Advisory Com- his peers. an industry, as they, too, are working mittee, he is really doing a great job. Since his time at EPA, Dr. Dourson to secure money for themselves by pur- By the way, yesterday, we had this has devoted his career to protecting suing an agenda of their sponsors—is event over there which had to do with public health by founding his own non- lobbying against Mr. Wehrum because the scientists. There are three Sci- profit that works to develop, review, he wants to make regulations workable entific Advisory Boards in the EPA. and share risk assessments on various within the scope of the statute for the These are supposed to be made up of chemicals. His nonprofit work is most- regulated community. scientists who advise the policymakers ly on behalf of government, with a mi- This is very curious to me because we as to what they are supposed to be nority of the work done at the request want environmental regulations to im- doing. During the last administration, of various industries—many of these prove our air quality without putting we discovered in just one of these that industries are very pro-environmental entire industries out of business—a bal- six out of seven of the appointees were industries—as well as providing pro ance that is a part of the Clean Air actually recipients of grants from the bono assistance to those in need of Act. Those words are used in the Clean EPA. In fact, I was over there, and I help. In other words, he used his exper- Air Act: The rules need to be workable gave a little talk about those six. They tise to help people who needed help and and implementable without undue actually received $119 million, and they were not able to get it in any other harm to our economy. are supposed to be unbiased in making way. It is time that we returned some policy. Obviously, this is one of the Naturally, the industry work is the common sense and rule of law to the many things that he is going to make part that environmental activists have Environmental Protection Agency. We sure will no longer exist. focused on to prove their claims that have taken the first and only step with He is making it impossible for any- his research is a rubberstamp for dan- the confirmation of Scott Pruitt, and one who serves on a scientific advisory gerous chemicals. They hold the per- Bill Wehrum is the next step toward board to receive any grants from the spective—which is a myth—that work- that goal. Right now there has only EPA. How reasonable is that? Yet that ing at the request of industry must been one confirmation, and that is for is still a practice they use and one of mean that you are evil. Scott Pruitt. the many things he is cleaning up As always, the reality is much dif- With the repeal of the Clean Power there. ferent. On many occasions the non- Plan sitting before the EPA, I ask that

VerDate Sep 11 2014 03:54 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G01NO6.051 S01NOPT1 November 1, 2017 CONGRESSIONAL RECORD — SENATE S6963 the leader prioritize Mr. Wehrum’s con- REGULATORY REFORM Wouldn’t it be nice to have the peo- firmation vote so that we can give the Mr. GRASSLEY. Mr. President, last ple who are affected by those regula- Office of Air and Radiation the leader- month the Environmental Protection tions involved in the process in an open ship it needs to make the important Agency—EPA—Administrator, Scott way—the way the Administrative Pro- policy objectives of the President and a Pruitt, issued a directive to all Agency cedure Act is designed? majority of our colleagues and States a employees that prohibits the so-called Oddly enough, the same day the law- reality. sue-and-settle process. This is good suit was filed, the plaintiff interest Again, we have five EPA nominees news for good government. group submitted a consent decree al- that have been voted out of committee, Most of us here are familiar with the ready signed by the EPA, which com- and we are now into November and term ‘‘sue and settle.’’ mitted the agency to take prompt reg- only have one EPA appointee con- These are tactics whereby the EPA ulatory action. Such a scenario should firmed. We need to do better than that, has, in the past, resolved certain law- raise serious questions about how truly and I think this is going to happen. suits against it through agreements ne- adversarial these lawsuits and negotia- Let me just repeat some of the things gotiated behind closed doors with po- tions are. that are going on in the Environmental litically favored interest groups. As we To add insult to injury, regulations Protection Agency. Scott Pruitt in his saw under the Obama administration, that have resulted from sue-and-settle meeting yesterday called this to the some of these agreements committed tactics impose tremendous costs on the attention of the American people. We the EPA to take far-reaching regu- American economy. According to the knew it all the time, but people on the latory action, all without an adequate American Action Forum, from 2005 to outside didn’t know it and they were opportunity for those people most im- 2016, 23 sue-and-settle regulations re- shocked. They found out that in the pacted to have a seat at the table, as sulted in a cost burden of $67.9 billion, Scientific Advisory Board of the would normally be done through the with $26.5 billion in actual costs. Six- Obama administration, six of the seven regulatory process. teen of the rules imposed paperwork on the board were direct recipients of Today, I come to the floor to applaud burdens on American job creators of grants from the EPA and they were Administrator Pruitt’s leadership in more than 8 million hours. Think making policy decisions for the EPA. working to end these tactics, which about that. Nearly $70 billion in regu- Now, how bad is that? In fact, we added make a mockery of laws that Congress latory costs were imposed on American it up. I would state to the Chair that it has put in place to ensure a trans- business owners, manufacturers, farm- came to $119 million going to six people parent and accountable regulatory ers, and probably taxpayers, all with- who are on the board making decisions process. The commonsense reforms out due regard for transparency and that affected the grants to go out. That outlined in Administrator Pruitt’s di- the normal rulemaking process re- is the type of thing that he is cleaning rective will, no doubt, help restore quired by the Administrative Proce- up. He has the guts to do it, and he is transparency and accountability, and dure Act. doing it. these reforms should stand as a prime Decades ago, Congress enacted the I am anxious to get these two con- example for all Federal agencies to fol- Administrative Procedure Act for the firmed, and I am hopeful that will take low. sole purpose of ensuring transparency, place. Accordingly, I call upon President accountability, and, more importantly, With that, I yield the floor. Trump to use his full authority public participation in Federal rule- I suggest the absence of a quorum. through Executive order to ensure that making. The EPA has been described as The PRESIDING OFFICER (Mr. SUL- similar reforms are adopted across the the citizens’ ‘‘regulatory bill of LIVAN). The clerk will call the roll. entire bureaucracy. Regulatory deci- rights.’’ A pillar of the Administrative The legislative clerk proceeded to sions that affect key parts of our econ- Procedure Act is the notice-and-com- call the roll. omy should be made in an open, trans- ment process, which requires agencies Mr. MCCONNELL. Mr. President, I parent, and, consequently, accountable to notify the public of proposed regula- ask unanimous consent that the order manner. But as we have seen with sue tions and respond to comments sub- for the quorum call be rescinded. and settle, Washington bureaucrats mitted—in other words, transparency. The PRESIDING OFFICER. Without and their interest group pals would objection, it is so ordered. prefer to do things their own way. Rulemaking driven by sue-and-settle Mr. MCCONNELL. Mr. President, I It works like this. First, an interest tactics frequently results in ask unanimous consent that notwith- group sues a Federal agency, claiming reprioritized agency agendas and standing rule XXII, that at 11:30 a.m. the agency has failed to take regu- rushed deadlines for regulatory action. on Thursday, November 2, there be 30 latory action required by law. Through This renders the EPA’s notice-and- minutes of postcloture time remaining the lawsuit, the interest group seeks to comment process a mere formality. It on the Eid nomination, equally divided compel the agency to take action by a deprives regulated entities, it deprives between the leaders or their designees; new, often rushed, deadline. These the States, and most importantly, it that following the use or yielding back plaintiff interest groups often share a deprives the American public of suffi- of that time, the Senate vote on the common regulatory agenda with the cient time to have any meaningful confirmation of the Eid nomination; agency they sue, such as when an envi- input on final rules. The resulting reg- that if confirmed, the motion to recon- ronmental group sues the EPA or the ulatory action is driven not by the pub- sider be considered made and laid upon Fish and Wildlife Service. lic interest but by the special interest the table and the President be imme- Instead of challenging the lawsuit, priorities. diately notified of the Senate’s action. the agency and the interest group Sue-and-settle tactics also help agen- The PRESIDING OFFICER. Without enter into negotiations behind closed cies avoid accountability for their ac- objection, it is so ordered. doors to produce either a ‘‘settlement tions. Instead of having to answer to f agreement’’ or a ‘‘consent decree’’ com- the public for controversial regulatory mitting the agency to take regulatory decisions, agency officials will simply LEGISLATIVE SESSION action. There is no transparency, no point to a court order and say that accountability, which you would get their hands are tied, when really they through normal regulation writing. welcomed that process. MORNING BUSINESS Noticeably absent from these nego- The American people deserve better, Mr. MCCONNELL. Mr. President, I tiations are the very parties who will but don’t just take my word for it. The ask unanimous consent that the Sen- be most impacted, such as farmers, Environmental Council of the States, a ate proceed to legislative session for a manufacturers, and even the 50 States national nonprofit, nonpartisan asso- period of morning business, with Sen- themselves, which will be charged with ciation of State and territorial envi- ators permitted to speak therein for up enforcing some of these regulations. In ronmental agency leaders, adopted a to 10 minutes each. 2010, for example, an environmental in- resolution in 2013 entitled ‘‘The Need The PRESIDING OFFICER. Without terest group sued the Obama adminis- for Reform and State Participation in objection, it is so ordered. tration EPA to force the agency to re- EPA’s Consent Decrees which Settle The Senator from Iowa. vise certain wastewater regulations. Citizen Suits.’’ The rationale behind it

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