S6800 CONGRESSIONAL RECORD — SENATE December 3, 2019 from Minnesota (Ms. KLOBUCHAR), the The question is, Is it the sense of the cloture vote on Executive Calendar No. Senator from Vermont (Mr. SANDERS), Senate that debate on the nomination 353, the time following the recess until the Senator from Massachusetts (Ms. of John L. Sinatra, Jr., of New York, to 4:30 p.m. be reserved for tributes to re- WARREN), and the Senator from Rhode be United States District Judge for the tiring Senator ISAKSON; further that Island (Mr. WHITEHOUSE) are nec- Western District of New York, shall be the time from 4:30 p.m. to 5 p.m. be essarily absent. brought to a close? equally divided between the leaders or The PRESIDING OFFICER (Mr. The yeas and nays are mandatory their designees on the nomination, and CRUZ). Are there any other Senators in under the rule. that at 5 p.m., the Senate vote on clo- the Chamber desiring to vote? The clerk will call the roll. ture on the following nominations in The result was announced—yeas 86, The senior assistant legislative clerk the order listed: Executive Calendar nays 4, as follows: called the roll. Nos. 478, 381, 459, and 460; that if clo- Mr. THUNE. The following Senator is ture is invoked, the confirmation votes [Rollcall Vote No. 369 Ex.] necessarily absent: the Senator from YEAS—86 on Executive Calendar Nos. 353, 478, 381, South Dakota (Mr. ROUNDS). 459, and 460 occur at 2 p.m. on Wednes- Alexander Fischer Peters Mr. DURBIN. I announce that the Baldwin Gardner Portman day, December 4. Senator from New Jersey (Mr. BOOKER), I further ask unanimous consent that Barrasso Graham Reed the Senator from New York (Mrs. Blackburn Grassley Risch the mandatory quorum call with re- GILLIBRAND), the Senator from Cali- Blumenthal Hassan Roberts spect to the Duncan nomination be Blunt Hawley Romney fornia (Ms. HARRIS), the Senator from waived and that the cloture votes on Boozman Hirono Rosen Minnesota (Ms. KLOBUCHAR), the Sen- Braun Hoeven Executive Calendar Nos. 479, 489, and Rubio ator from Vermont (Mr. SANDERS), the Brown Hyde-Smith Sasse 386 occur at 11:30 a.m. on Wednesday, Senator from Massachusetts (Ms. WAR- Burr Inhofe Schatz December 4, and that if cloture is in- Capito Isakson Schumer REN), and the Senator from Rhode Is- Cardin Johnson voked, the confirmation votes occur at Scott (FL) land (Mr. WHITEHOUSE) are necessarily Carper Jones a time to be determined by the major- Shaheen Casey Kaine absent. ity leader in consultation with the Shelby The PRESIDING OFFICER. Are there Cassidy Kennedy Democratic leader on Thursday, De- Collins King Sinema any other Senators in the Chamber de- Smith cember 5. Coons Lankford siring to vote or change their vote? Cornyn Stabenow I further ask unanimous consent Leahy The yeas and nays resulted—yeas 76, Cortez Masto Lee Sullivan that, with respect to all the votes or- Tester nays 16, as follows: Cotton Manchin dered in this agreement, if the nomina- Cramer McConnell Thune [Rollcall Vote No. 370 Ex.] Tillis tion is confirmed, the motion to recon- Crapo McSally YEAS—76 Cruz Menendez Toomey sider be considered made and laid upon Daines Merkley Udall Alexander Fischer Peters the table and the President be imme- Duckworth Moran Van Hollen Baldwin Gardner Portman Durbin Murkowski Warner Barrasso Graham Reed diately notified of the Senate’s action. Enzi Murphy Wicker Bennet Grassley Risch The PRESIDING OFFICER. Without Ernst Paul Wyden Blackburn Hassan Roberts objection, it is so ordered. Feinstein Perdue Young Blunt Hawley Romney Mr. WICKER. Mr. President, I ask Boozman Hoeven NAYS—4 Rosen unanimous consent that Senator FEIN- Braun Hyde-Smith Rubio Burr Inhofe STEIN be allowed to speak for up to 10 Cantwell Markey Sasse Capito Isakson Heinrich Murray Schumer minutes prior to the scheduled recess. Cardin Johnson The PRESIDING OFFICER. Without NOT VOTING—10 Carper Jones Scott (FL) Scott (SC) objection, it is so ordered. Bennet Klobuchar Warren Casey Kaine Cassidy Kennedy Shaheen The Senator from California. Booker Rounds Whitehouse Collins King Shelby NOMINATION OF SARAH E. PITLYK Gillibrand Sanders Sinema Harris Scott (SC) Coons Lankford Mrs. FEINSTEIN. Mr. President, I Cornyn Leahy Stabenow The nomination was confirmed. Cortez Masto Lee Sullivan rise today in opposition to the nomina- The PRESIDING OFFICER. Under Cotton Manchin Tester tion of Sarah Pitlyk to the United Cramer the previous order, the motion to re- McConnell Thune States District Court for the Eastern Crapo McSally Tillis District of Missouri. Ms. Pitlyk’s consider is considered made and laid Cruz Moran Toomey record is extremely troubling and upon the table, and the President will Daines Murkowski Warner be immediately notified of the Senate’s Enzi Murphy Wicker raises a number of questions about her Ernst Paul action. Young ability to be a fair and impartial judge. Feinstein Perdue Ms. Pitlyk was deemed by the Amer- f NAYS—16 ican Bar Association to be Not Quali- CLOTURE MOTION Blumenthal Hirono Smith fied, one of only 3 percent of people re- Brown Markey Udall viewed by the Bar over the past 3 The PRESIDING OFFICER. Pursuant Cantwell Menendez Van Hollen years. This is the first that I have had to rule XXII, the Chair lays before the Duckworth Merkley Wyden Durbin Murray occasion to review in total. A district Senate the pending cloture motion, Heinrich Schatz court judge, as you well know, must which the clerk will state. NOT VOTING—8 hit the ground running. Ms. Pitlyk’s The senior assistant legislative clerk lack of practical knowledge and experi- read as follows: Booker Klobuchar Warren Gillibrand Rounds Whitehouse ence would significantly disadvantage CLOTURE MOTION Harris Sanders the litigants appearing before her. We, the undersigned Senators, in accord- The PRESIDING OFFICER. On this I also want to acknowledge the high- ance with the provisions of rule XXII of the vote, the yeas are 76, the nays are 16. ly unusual nature of a ‘‘Not Qualified’’ Standing Rules of the Senate, do hereby The motion is agreed to. rating by the Bar; 97 percent of Presi- move to bring to a close debate on the nomi- f dent Trump’s nominees have been nation of John L. Sinatra, Jr., of New York, rated at least ‘‘Qualified’’ by the Amer- to be United States District Judge for the EXECUTIVE CALENDAR ican Bar Association. This means that Western District of New York. Mitch McConnell, John Boozman, John The PRESIDING OFFICER. The Ms. Pitlyk falls in the small minor- Cornyn, Mike Crapo, Pat Roberts, Mike Clerk will report the nomination. ity—just 3 percent—of candidates Rounds, Thom Tillis, Roger F. Wicker, The senior assistant legislative clerk deemed not qualified by the American Cindy Hyde-Smith, Kevin Cramer, read the nomination of John L. Si- Bar Association. This shows how rare John Hoeven, Rob Portman, Dan Sul- natra, Jr., of New York, to be United that rating is. The ABA has been re- livan, Chuck Grassley, Richard Burr, States District Judge for the Western viewing the qualifications, as you al- John Thune, Roy Blunt. District of New York. ready know, of judicial nominees since The PRESIDING OFFICER. By unan- ORDER OF PROCEDURE 1989. They know what they are doing, imous consent, the mandatory quorum Mr. WICKER. Mr. President, I ask and those of us on the committee take call has been waived. unanimous consent that following the their evaluations very seriously.

VerDate Sep 11 2014 00:32 Dec 04, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A03DE6.001 S03DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 3, 2019 CONGRESSIONAL RECORD — SENATE S6801 Next, I want to discuss Ms. Pitlyk’s women; commodification of gestation and of She has never participated at any stage of a record opposing women’s reproductive children themselves; and weakening of ap- criminal matter. rights and limiting access to propriate social mores against eugenic abor- The Standing Committee believes that a healthcare. Ms. Pitlyk defended a tion.’’ nominee should be professionally competent Collins said Pitlyk is entitled to her per- to manage and resolve the many diverse State law banning abortion at 6 weeks, sonal views on abortion, but she questioned matters facing a federal judge on a daily she opposed the Affordable Care Act’s ‘‘given her pattern of strident advocacy, basis. The accumulation of experience and coverage for contraception, and she de- whether she could put aside her personal legal knowledge that is acquired by a prac- fended President Trump’s Title X gag views on these matters.’’ ticing lawyer both inside and outside of the rule. The Senate Judiciary Committee approved courtroom prepares a lawyer over time to The Trump administration’s Title X Pitlyk’s nomination along party lines in Oc- handle a broad spectrum of legal issues in a gag rule prohibits referrals for abortion tober, and a floor vote is likely in the com- wide variety of subject matters and to man- care and imposes onerous requirements ing weeks. age a courtroom over which he or she will While Collins supported Brett Kavanaugh’s preside as a judge. The judicial system, the on abortion clinics, among other confirmation to the Supreme Court, she has public, the trial bar, and the nominee are not things. The rule effectively pushed voted against several Trump judicial nomi- well served by appointing to the bench a law- Planned Parenthood out of the Title X nees this year. yer who, despite great intelligence, high program, curtailing access to In addition to Pitlyk, Collins opposed Ste- character, and experience researching and healthcare for millions of low-income ven Menashi’s nomination to the 2nd U.S. writing briefs, lacks adequate trial court or women and families. Circuit Court of Appeals, Chad Readler’s equivalent experience. Ms. Pitlyk has also filed multiple nomination to the 6th Circuit, Howard Niel- While we respect the clerkship for which legal briefs that contain misinforma- son for the District of Utah, Matthew the nominee served after graduation from Kacsmaryk for the Northern District of law school, her legal practice to date does tion. Last year, she argued without any Texas and Jeffrey Brown for the Southern not compensate for the short time the nomi- credible evidence that ‘‘racism plays a District of Texas. nee has actually practiced law and her lack profound role in the delivery of abor- All of those judges were confirmed by the of litigation, trial, and courtroom experi- tion services.’’ GOP-controlled Senate. ence. It is the Standing Committee’s judg- In another case, Ms. Pitlyk claimed— ment that Ms. Pitlyk does not meet the min- again without evidence—that in-vitro AMERICAN BAR ASSOCIATION, STAND- imum professional competence standard nec- fertilization leads to ‘‘higher rates of ING COMMITTEE ON THE FEDERAL essary to perform the responsibilities re- birth defects, genetic disorders, and JUDICIARY, quired by the high office of a federal district Columbia, SC, September 24, 2019. court judge. other anomalies.’’ Re Nomination of Sarah E. Pitlyk to the Thank you for the opportunity to explain I think it is disqualifying for any ju- United States District Court for the our rating to you. dicial nominee to make unfounded and Eastern District of Missouri. Very truly yours, unsupported claims, especially in a Hon. LINDSEY GRAHAM, WILLIAM C. HUBBARD. court of law. Chairman, Committee on the Judiciary, Mrs. FEINSTEIN. Mr. President, I Ms. Pitlyk has also made statements U.S. Senate, Washington, DC. yield the floor. in her personal capacity opposing ac- Hon. DIANNE FEINSTEIN, cess to healthcare. Just last year, she Ranking Member, Committee on the Judiciary, f called the Supreme Court’s decision U.S. Senate, Washington, DC. RECESS upholding the Affordable Care Act ‘‘un- DEAR CHAIRMAN GRAHAM AND RANKING MEMBER FEINSTEIN: The ABA Standing Com- The PRESIDING OFFICER. Under principled.’’ Earlier this year, she said mittee on the Federal Judiciary has received the previous order, the Senate stands that the Supreme Court’s reproductive a full report on Sarah E. Pitlyk and a supple- in recess until 2:15 p.m. healthcare cases have ‘‘gross defects.’’ mental report by a second reviewer. The Thereupon, the Senate, at 12:56 p.m., These statements and Ms. Pitlyk’s Committee has unanimously determined recessed until 2:15 p.m. and reassem- legal work raise serious concerns about that Ms. Pitlyk is ‘‘Not Qualified’’ for the bled when called to order by the Pre- position of federal district judge. I write to her ability to apply the Supreme siding Officer (Mrs. CAPITO). Court’s important precedents fairly offer a brief explanation of this rating. Our and impartially. I am deeply troubled rating is based on the Standing Committee’s f criteria as set forth in the Backgrounder. by her record, her lack of experience, The Standing Committee believes that Ms. EXECUTIVE CALENDAR—Continued and I urge my colleagues to join me in Pitlyk does not have the requisite trial or The PRESIDING OFFICER. The Sen- opposing her nomination. litigation experience or its equivalent. I ator from Georgia. Mr. President, I ask unanimous con- would like to point out that based on its peer Mr. ISAKSON. Madam President, I sent that an article from Politico and a review, the Standing Committee’s rating ask unanimous consent to address the does not rest on questions about Ms. Pitlyk’s letter from the American Bar Associa- Senate. tion dated September 24, 2019, be print- temperament or integrity. The Backgrounder that provides guidance The PRESIDING OFFICER. Without ed in the RECORD. objection, it is so ordered. There being no objection, the mate- to our evaluation process explains that a nominee to the federal bench ordinarily FAREWELL TO THE SENATE rial was ordered to be printed in the should have a minimum of 12 years’ experi- RECORD, as follows: Mr. ISAKSON. Madam President, it ence in the practice of law. This 12–year ex- is an honor to be here today on what is [From the POLITICO, Nov. 19, 2019] perience guideline is neither a hard-and-fast rule nor an automatic disqualifier. The not my last day, but everybody is act- SUSAN COLLINS TO OPPOSE TRUMP JUDICIAL Standing Committee’s criteria provide that ing like it. NOMINEE a nominee’s limited experience may be offset A few months ago, I had to announce (By Marianne Levine) by the breadth and depth of the nominee’s that after much consideration, to be Sen. Susan Collins will oppose Sarah experience over the course of his or her ca- able to continue to serve the people of Pitlyk, President Donald Trump’s nominee reer. Nominees with fewer than 12 years at Georgia as best I could in any way pos- to become a federal judge for the Eastern the bar (as is the case with Ms. Pitlyk, both sible and also to keep true to the com- District of Missouri. due to the calendar and periods of inactive mitments I made in every race I have In a statement to POLITICO, the Maine status), but with substantial trial or court- Republican voiced concern about Pitlyk’s room experience and/or compensating ac- ever won, that when I knew I couldn’t lack of trial experience, as well as her stance complishments in the field of law, can and do the job, I was going to quit and let on abortion given previous comments on ges- have been found qualified by our Committee. somebody do it who wouldn’t be ham- tational surrogacy and past legal work. However, Ms. Pitlyk’s experience to date has pered. I am not hampered yet—I am ‘‘Her lack of trial experience would make a very substantial gap, namely the absence pretty tough—but it is getting close. it difficult for her to transition to a district of any trial or even real litigation experi- So in August, I decided to tell my wife court judgeship,’’ Collins said. ence. Ms. Pitlyk has never tried a case as about it, and we decided to go ahead She also cited Pitlyk’s comments in a brief lead or co-counsel, whether civil or criminal. and retire at the end of December, she co-wrote in 2017 as a lawyer for the She has never examined a witness. Though Thomas More Society, an anti-abortion law Ms. Pitlyk has argued one case in a court of which I have announced and said I was firm. The brief stated surrogacy leads to the appeals, she has not taken a deposition. She going to do. The Governor of Georgia is ‘‘diminished respect for motherhood and the has not argued any motion in a state or fed- making an appointment to take my unique mother-child bond; exploitation of eral trial court. She has never picked a jury. place.

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