June 16, 2021 CONGRESSIONAL RECORD — SENATE S4561 Contrary to Senate myth, the fili- Standing Rules of the Senate, do hereby Senate the pending cloture motion, buster is not in our Constitution—just move to bring to a close debate on the nomi- which the clerk will state. the opposite. The man who wrote that nation of Executive Calendar No. 148, The senior assistant legislative clerk Constitution knew well how requiring Radhika Fox, of California, to be an Assist- read as follows: ant Administrator of the Environmental supermajorities for routine bills had Protection Agency. CLOTURE MOTION doomed the Articles of Confederation. Charles E. Schumer, Thomas R. Carper, We, the undersigned Senators, in accord- They deliberately rejected a super- , , ance with the provisions of rule XXII of the majority requirement for common leg- , Richard J. Durbin, Standing Rules of the Senate, do hereby islation when they wrote the Constitu- , Kirsten E. Gilli- move to bring to a close debate on the nomi- tion. brand, , Chris Van nation of Executive Calendar No. 173, Lydia Defenders say the filibuster encour- Hollen, , Christopher Kay Griggsby, of , to be United ages bipartisan compromise. Look Murphy, , Bernard States District Judge for the District of around you. Does anyone really believe Sanders, , , Maryland. Charles E. Schumer, Richard J. Durbin, for a minute that this is the new gold- Margaret Wood Hassan. The PRESIDING OFFICER. By unan- Benjamin L. Cardin, , en age of bipartisan compromise in the imous consent, the mandatory quorum Jacky Rosen, John Hickenlooper, Senate? Tammy Baldwin, Richard Blumenthal, There are proposals to mend the fili- call has been waived. The question is, Is it the sense of the Kirsten E. Gillibrand, Raphael buster. We could bring back a talking Warnock, Martin Heinrich, Christopher Senate that debate on the nomination filibuster. We all remember the movie Murphy, Bernard Sanders, Jeff of Radhika Fox, of California, to be an ‘‘Mr. SMITH Goes to Washington,’’ Merkley, Patty Murray, Margaret where he withered and fell to the floor Assistant Administrator of the Envi- Wood Hassan. at his desk carrying on an endless fili- ronmental Protection Agency, shall be The PRESIDING OFFICER. By unan- buster. It isn’t that way any longer. brought to a close? imous consent, the mandatory quorum The yeas and nays are mandatory Senators now can start a filibuster call has been waived. under the rule. with a phone call and head home for The question is, Is it the sense of the The clerk will call the roll. Senate that debate on the nomination the weekend. That is not what the fili- The legislative clerk called the roll. buster was designed for. If a Senator of Lydia Kay Griggsby, of Maryland, to (Mr. DURBIN assumed the Chair.) be District Judge for the feels strongly enough about an issue to Mr. DURBIN. I announce that the grind the Senate to a halt, they should District of Maryland, shall be brought Senator from New Jersey (Mr. BOOKER) to a close? be willing to stand up and speak their and the Senator from (Mr. mind and stay on the Senate floor. The yeas and nays are mandatory PETERS) are necessarily absent. under the rule. Some have proposed changing the The PRESIDING OFFICER (Mr. number of votes needed to end debate, The clerk will call the roll. COONS). Are there any other Senators The senior assistant legislative clerk possibly lowering the 60-vote require- in the Chamber desiring to vote or ment for cloture to 55. That is a prece- called the roll. change their vote? Mr. DURBIN. I announce that the dent that at least is consistent with The yeas and nays resulted—yeas 55, historical trends, but leaders of both Senator from New Jersey (Mr. BOOKER) nays 43, as follows: and the Senator from Michigan (Mr. parties need to agree on it. [Rollcall Vote No. 234 Ex.] I am willing to consider any reason- PETERS) are necessarily absent. YEAS—55 able plan that promotes genuine bipar- The yeas and nays resulted—yeas 57, tisan cooperation and ends the tyranny Baldwin Heinrich Reed nays 41, as follows: Bennet Hickenlooper Rosen [Rollcall Vote No. 235 Ex.] of the minority. What we cannot do is Blumenthal Hirono Sanders nothing. Brown Hyde-Smith Schatz YEAS—57 Burr Kaine After a minority of Senators used the Schumer Baldwin Graham Ossoff Cantwell Kelly filibuster to prevent—for now—the cre- Shaheen Bennet Grassley Padilla Cardin King Sinema Blumenthal Hassan Reed ation of the , we Carper Klobuchar Smith Brown Heinrich Romney Casey Leahy all went home for a long Memorial Day Stabenow Burr Hickenlooper Rosen Collins Luja´ n weekend. On my flight home and all Tester Cantwell Hirono Sanders Coons Manchin Van Hollen Capito Kaine Schatz that weekend, I thought of the young Cortez Masto Markey Cardin Kelly Schumer men who stormed the beaches of Nor- Cramer Menendez Warner Carper King Shaheen Duckworth Merkley Warnock mandy on D-day, running straight into Casey Klobuchar Sinema Durbin Murkowski Warren enemy fire, knowing well that they Collins Leahy Smith Feinstein Murphy Whitehouse Coons Luja´ n Stabenow might die to preserve democracy. And Gillibrand Murray Wicker Cornyn Manchin Tester Graham Ossoff Wyden many of them did. Now we see Mem- Cortez Masto Markey Van Hollen Hassan Padilla bers of the Senate routinely abusing Duckworth Menendez Warner the filibuster because they are afraid NAYS—43 Durbin Merkley Warnock to face an unpleasant vote or an angry Ernst Murkowski Warren Barrasso Hagerty Romney Feinstein Murphy Whitehouse insult from . Surely, we Blackburn Hawley Rounds Gillibrand Murray Wyden are better and braver than this. Blunt Hoeven Rubio Boozman Inhofe Sasse NAYS—41 I yield the floor. Braun Johnson Scott (FL) Barrasso Hoeven Rounds I suggest the absence of a quorum. Capito Kennedy Scott (SC) Blackburn Hyde-Smith Rubio The PRESIDING OFFICER. The Cassidy Lankford Shelby Blunt Inhofe Cornyn Lee Sasse clerk will call the roll. Sullivan Boozman Johnson Cotton Lummis Scott (FL) The legislative clerk proceeded to Thune Braun Kennedy Crapo Marshall Scott (SC) Tillis Cassidy Lankford call the roll. Cruz McConnell Shelby Toomey Cotton Lee Mr. CRAPO. Mr. President, I ask Daines Moran Sullivan Cramer Lummis Ernst Paul Tuberville Thune unanimous consent that the order for Crapo Marshall Fischer Portman Young Tillis the quorum call be rescinded. Cruz McConnell Grassley Risch Toomey Daines Moran The PRESIDING OFFICER. Without Tuberville objection, it is so ordered. NOT VOTING—2 Fischer Paul Hagerty Portman Wicker Booker Peters CLOTURE MOTION Hawley Risch Young The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. The yeas NOT VOTING—2 to rule XXII, the Chair lays before the are 55, the nays are 43. Senate the pending cloture motion, The motion is agreed to. Booker Peters which the clerk will state. f (Mr. BENNET assumed the Chair.) The legislative clerk read as follows: The ACTING PRESIDENT pro tem- CLOTURE MOTION CLOTURE MOTION pore. On this vote, the yeas are 57, and We, the undersigned Senators, in accord- The PRESIDING OFFICER. Pursuant the nays are 41. ance with the provisions of rule XXII of the to rule XXII, the Chair lays before the The motion is agreed to.

VerDate Sep 11 2014 03:15 Jun 17, 2021 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JN6.007 S16JNPT1 dlhill on DSK120RN23PROD with SENATE S4562 CONGRESSIONAL RECORD — SENATE June 16, 2021 EXECUTIVE CALENDAR titled ‘‘President Biden Has Nominated evaluating her integrity, professional The clerk will report the nomination. as Many Minority Women to Be Judges experience, and judicial temperament. The senior assistant legislative clerk in Four Months as Trump Had Con- I was delighted to recommend the read the nomination of Lydia Kay firmed in Four Years.’’ Having judges nomination of Judge Griggsby to Presi- Griggsby, of Maryland, to be United with a broad range of backgrounds, ex- dent Biden, along with Senator VAN States District Judge for the District periences, and perspectives makes our HOLLEN. of Maryland. Federal bench more diverse and better Judicial nominees must meet the The ACTING PRESIDENT pro tem- representative of the communities they highest standards of integrity, com- pore. The Senator from Maryland. serve, which builds greater public trust petency, and temperament. Judge Griggsby will safeguard the rights of UNANIMOUS CONSENT AGREEMENT in the judiciary. all, uphold the Constitution and rule of Mr. CARDIN. Mr. President, I ask Instead of giving a formal introduc- law, and faithfully follow the judicial unanimous consent that notwith- tion to my colleagues of Judge oath to do equal right to the poor and standing rule XXII, the cloture vote Griggsby today, we should really say ‘‘welcome home’’ to Judge Griggsby. to the rich. with respect to the nomination of So I urge my colleagues to vote to When I first was elected to the Senate, Tommy P. Beaudreau, to be Deputy confirm Judge Griggsby, who I believe I served on the Judiciary Committee, Secretary of the Interior, occur fol- will be an outstanding member of the and my staff and I were pleased to lowing the disposition of the Griggsby Federal bench. She is already a sitting work with then-Chief Counsel nomination. Federal judge on the U.S. Court of Fed- The ACTING PRESIDENT pro tem- Griggsby. eral Claims, and I look forward to her She was born in and went pore. Without objection, it is so or- continued public service, serving all to high school in Baltimore. dered. the people of our Nation as a Federal At that time, Judge Griggsby served, Mr. CARDIN. Mr. President, for the district judge. information of all Senators, this means when she was here, with Chairman I suggest the absence of a quorum. that there will be three rollcall votes ’s Judiciary Committee The ACTING PRESIDENT pro tem- beginning at 3:15 p.m. this afternoon. staff as his expert on privacy and infor- pore. The clerk will call the roll. NOMINATION OF LYDIA KAY GRIGGSBY mation policy. The senior assistant legislative clerk Mr. President, today I rise to speak Judge Griggsby went on to serve for proceeded to call the roll. on the nomination of U.S. Court of 7 years as a judge on the U.S. Court of Ms. SMITH. Mr. President, I ask Federal Claims Judge Lydia Griggsby Federal Claims, which has national ju- unanimous consent that the order for to be U.S. district judge for the Dis- risdiction to hear complex monetary the quorum call be rescinded. trict of Maryland. We just invoked clo- damages claims against the Federal The ACTING PRESIDENT pro tem- ture, and we will be voting on that Government. Judge Griggsby was con- pore. Without objection, it is so or- nomination this afternoon. firmed to her current position by a dered. Judge Griggsby was favorably re- voice vote of the Senate in 2014. ported by a bipartisan vote of the Com- Judge Griggsby is a lifelong Mary- Ms. SMITH. Mr. President, I thank mittee on the Judiciary on June 10. I lander who was born in Baltimore, a my colleague from Maryland. I rise had recommended Judge Griggsby, graduate of the Park School, and she today in gratitude because last night along with Senator VAN HOLLEN, to has been a mentor at the Baltimore the Senate put us one step forward to President Biden, and I strongly support Leadership School for Young Women. finally making Juneteenth a Federal this nomination. She received her B.A. from the Univer- holiday. Judge Griggsby has been nominated sity of Pennsylvania and her J.D. from Juneteenth is our Nation’s oldest to fill the current vacancy created Georgetown Law School. She was an celebration of emancipation, and it when Judge Catherine Blake, appointed associate at DLA Piper before begin- should have been established as a Fed- by President Clinton in 1995, an- ning her government service as a trial eral holiday long ago. So I am glad nounced her intention to take senior attorney in the Civil Division at the that yesterday the Senate passed our status on April 2. President Biden nom- U.S. Department of Justice. bill, with Senator MARKEY and Senator inated Judge Griggsby to this position She then became an assistant U.S. BOOKER, the Juneteenth National Inde- pendence Day Act, by unanimous con- on March 30, and the Judiciary Com- attorney in the District of Columbia. sent. mittee held her confirmation hearing Judge Griggsby later transitioned to Capitol Hill, serving as a counsel on The end of slavery in this country is on May 12. a central milestone in our history, and Shortly after the November 2020 elec- the Senate Select Committee on Ethics Juneteenth should be commemorated tions, I worked with Senator VAN HOL- before beginning her work with Sen- nationwide as a day of celebration and ator LEAHY on the Judiciary Com- LEN to establish a judicial selection reflection and rededication to the mittee. I am so pleased that Judge committee in Maryland. We used an cause of racial justice in this country. open application process with a public Griggsby brings such a wide array of I am forever grateful to the genera- advertisement and communicated and professional experience from the first tions of activists who made this pos- worked closely with the State, local, two branches of government as she pre- sible, and, in particular, I want to and specialty bar associations in Mary- pares to assume a new role in our third thank Ms. Opal Lee, who at 89 years land. branch of government. old walked halfway across this country In particular, we sought out a highly In particular, I would note that as an to rise in support of Juneteenth as a qualified and diverse application pool. assistant U.S. attorney, she helped se- Federal holiday. Our committee interviewed everyone cure a $20 million settlement against Yesterday, I had the opportunity to who submitted an application, which Toyota for selling vehicles that vio- call Ms. Lee, now in her nineties, after involved several dozen interviews. Sen- lated the Clean Air Act. She also held this bill cleared the Senate, and I wish ator VAN HOLLEN and I then personally two of Washington, DC’s largest prop- you could have heard the sound of joy interviewed several finalists before rec- erty managers accountable for failing in her voice when I told her the good ommending names to the White House. to disclose lead-based paint hazards in news. This is a memory that I know I The White House Counsel asked Sen- the buildings. am going to treasure for the rest of my ators to propose talented individuals If confirmed by the Senate, I would life. who would bring to these critically im- note that Judge Griggsby would be the So to Ms. Lee, if you are listening portant roles a wide range of life and first Black woman and first woman of here today, I want to tell you that I professional experiences, including color to serve as a Federal judge on our have been honored to support your those based on their race, ethnicity, bench in Maryland in our State’s his- moral cause here in the Senate, and I national origin, gender, sexual orienta- tory, and it is about time. The Amer- hope to celebrate Juneteenth as an of- tion, gender identity, religion, veteran ican Bar Association’s Standing Com- ficial Federal holiday with you soon. status, and disability. mittee on the Federal Judiciary gave I also want to thank my colleagues, I would call my colleagues’ attention Judge Griggsby its highest rating— especially Senator MARKEY and Sen- to a recent Washington Post article en- unanimously ‘‘well qualified’’—after ators BOOKER and WARNOCK, for their

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