S7024 CONGRESSIONAL RECORD — SENATE November 17, 2020 Senate the pending cloture motion, NOT VOTING—5 firmation process during that same 42- which the clerk will state. Alexander Harris Warren year period. I can’t think of any other The legislative clerk read as follows: Grassley Scott (FL) Utahan in the history of our State who CLOTURE MOTION The PRESIDING OFFICER. On this has had anywhere near the kind of im- vote, the yeas are 51, the nays are 44. pact on the Federal judiciary as Sen- We, the undersigned Senators, in accord- ator Hatch. It is not just that he served ance with the provisions of rule XXII of the The motion is agreed to. Standing Rules of the Senate, do hereby f on the committee throughout that time period that confirmed judicial move to bring to a close debate on the nomi- EXECUTIVE CALENDAR nation of Toby Crouse, of Kansas, to be nominees, whether to Federal district United States District Judge for the District The clerk will report the nomination. courts, to the courts of appeals, or to of Kansas. The legislative clerk read the nomi- the Supreme Court—he certainly did Mitch McConnell, James E. Risch, Joni nation of Toby Crouse, of Kansas, to be have a lot of impact there—but his im- Ernst, , , United States District Judge for the pact even went further than that, you , , Roy District of Kansas. see, because he sought to be a mentor Blunt, Roger F. Wicker, Pat Roberts, The PRESIDING OFFICER. The Sen- Mike Rounds, , John to people interested in the law and in Hoeven, , Lamar Alex- ator from . public policy everywhere. His service ander, , David Perdue. f had an impact certainly on me as one The PRESIDING OFFICER. By unan- ORRIN G. HATCH UNITED STATES of countless lawyers and other people imous consent, the mandatory quorum COURTHOUSE interested in law and public policy in call has been waived. this country. Mr. LEE. Madam President, as in leg- I remember watching proudly and The question is, Is it the sense of the islative session, I ask unanimous con- with great admiration as he conducted Senate that debate on the nomination sent that the Senate proceed to the im- himself as a member of the Senate Ju- of Toby Crouse, of Kansas, to be United mediate consideration of S. 4902, which diciary Committee during the Robert States District Judge for the District was introduced earlier today. Bork confirmation hearings. He had a of Kansas, shall be brought to a close? The PRESIDING OFFICER. The certain commitment to the rule of law The yeas and nays are mandatory clerk will report the bill by title. and to fundamental fairness that would under the rule. The senior assistant legislative clerk be owed to anyone nominated to that The clerk will call the roll. read as follows: or any other judicial position, and he The legislative clerk called the roll. A bill (S. 4902) to designate the United was willing to make sure that the Sen- Mr. THUNE. The following Senators States courthouse located at 351 South West ate did its job and that it didn’t get are necessarily absent: the Senator Temple in , Utah, as the mired in the politics of the day. ‘‘Orrin G. Hatch United States Courthouse’’. from Tennessee (Mr. ALEXANDER), the He had a great quote on this topic. Senator from Iowa (Mr. GRASSLEY), and The PRESIDING OFFICER. Without He said: ‘‘Politics must not undermine the Senator from Florida (Mr. SCOTT). objection, the Senate will proceed to the principles and standards we apply Further, if present and voting, the the measure. to every judicial nomination.’’ The Senator from Utah. Senator from Tennessee (Mr. ALEX- I watched over the years, in part, be- Mr. LEE. Madam President, this is ANDER) would have voted ‘‘yea,’’ the cause I had first seen him participate legislation that would name the Fed- Senator from Iowa (Mr. GRASSLEY) in the Bork hearings. That got me in- would have voted ‘‘yea,’’ and the Sen- eral courthouse in Salt Lake City, terested in the Senate. In part, because which was completed a few years ago, ator from Florida (Mr. SCOTT) would of that example, that got me interested have voted ‘‘yea.’’ after my friend and former colleague as a teenager to apply to be a Senate and also a longtime mentor of mine, Mr. DURBIN. I announce that the page. I later became a Senate page, ap- Senator Orrin G. Hatch. Senator from (Ms. HARRIS), pointed by Senator Hatch. I got to see Senator Hatch, long before he be- and the Senator from Massachusetts him carry out his activities as a mem- came a statesman, was a lawyer—and (Ms. WARREN) are necessarily absent. ber of the Senate Judiciary Com- not just any lawyer, he was a lawyer’s mittee. And from then on, I always The yeas and nays resulted—yeas 51, lawyer. He was really good. He received watched with careful attention when nays 44, as follows: the prestigious Martindale-Hubbell AV he was handling a judicial confirma- [Rollcall Vote No. 234 Ex.] rating as a litigator. His skills as a liti- tion hearing. YEAS—51 gator were so good that they helped I watched through the years as he Barrasso Fischer Paul convince some of his friends and neigh- handled the nomination hearings of in- Blackburn Gardner Perdue bors that he ought to seek public of- dividuals including: Justice Thomas, Blunt Graham Portman fice. The first public office he sought as Justice Ginsburg, and, later, Justice Boozman Hawley Risch Braun Hoeven Roberts an elected official was to the U.S. Sen- Alito, my former boss. In each in- Burr Hyde-Smith Romney ate. He was elected in 1976. stance, he treated judicial nominees Capito Inhofe Rounds He then served in the U.S. Senate and literally hundreds of others like Cassidy Johnson Rubio Collins Kennedy Sasse from 1977 all the way up until 2019. them with dignity and respect but also Cornyn Lankford Scott (SC) During that 42-year time period, Sen- with the amount of thorough attention Cotton Lee Shelby ator Hatch had a profound impact not that lifetime appointment to the Fed- Cramer Loeffler Sullivan only on the U.S. Senate and his col- eral judiciary demands. Crapo Manchin Thune Cruz McConnell Tillis leagues here—and he certainly did; he In addition to this, he also liked to Daines McSally Toomey was a friend to everyone who knew try to foster in others a genuine inter- Enzi Moran Wicker him—but he also had a much broader est in the law. I remember, when I was Ernst Murkowski Young impact, one that will have far-reach- serving as a law clerk to Federal Dis- NAYS—44 ing, lasting, durable impacts on the trict Judge Dee Benson in Salt Lake Baldwin Hassan Rosen Federal court system. City—one of the brightest and most ca- Bennet Heinrich Sanders I took a look at a list of all Federal pable jurists ever to serve on the Fed- Blumenthal Hirono Schatz district judges—the trial court judges eral bench, whether in Utah or any- Booker Jones Schumer who have served on the Federal bench where else. He was a good friend, long- Brown Kaine Shaheen Cantwell King Sinema from Utah ever since our statehood. time ally and confidant of Senator Cardin Klobuchar Smith There are only about 20 people on that Hatch’s. I remember, while I was clerk- Carper Leahy Stabenow Casey Markey list. All but five of those came on to ing for Judge Benson, right after I Tester Coons Menendez the court either during or right after; graduated from law school, Senator Udall Cortez Masto Merkley Van Hollen in other words, with some input—sig- Hatch came by and just held a round- Duckworth Murphy nificant input from Senator Hatch. table discussion with all the Federal Durbin Murray Warner Feinstein Peters Whitehouse Senator Hatch has also been a part of judges. He not only seemed but was in Gillibrand Reed Wyden every judicial nomination in the con- fact conversant on all kinds of issues of

VerDate Sep 11 2014 03:37 Nov 18, 2020 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G17NO6.015 S17NOPT1 dlhill on DSK120RN23PROD with SENATE November 17, 2020 CONGRESSIONAL RECORD — SENATE S7025 the law—not just the hot-button issues The bill (S. 4902) was ordered to be fits, funding for the food stamps—the that people think of when they watch engrossed for a third reading, was read SNAP program? Our country is in des- the news, but he was delving into ar- the third time, and passed as follows: perate need of help, and they are cane details of the law that really S. 4902 counting on us. made me proud to have him rep- Be it enacted by the Senate and House of Rep- You would think a crisis of this scale resenting me in the U.S. Senate from resentatives of the United States of America in would be the first order of business for the State of Utah. Congress assembled, the Republican-controlled Senate this I got to know Senator Hatch even SECTION 1. ORRIN G. HATCH UNITED STATES week. Yet, while this pandemic con- better after I got elected to the Senate, COURTHOUSE. tinues to rage, too many Republicans and he and I had the opportunity to (a) DESIGNATION.—The United States court- in Congress refuse to even come to the work together as colleagues. Through- house located at 351 South West Temple in table to negotiate a comprehensive, bi- Salt Lake City, Utah, shall be known and out all these experiences, I have come partisan relief bill. There are those to revere him as someone who reveres designated as the ‘‘Orrin G. Hatch United States Courthouse’’. who will, and I commend them. It the law. (b) REFERENCES.—Any reference in a law, takes real courage. Instead, their lead- For these reasons, I conclude that it map, regulation, document, paper, or other er, Senator MCCONNELL, has scheduled is fitting for us to name this Federal record of the United States to the United votes this week on six barely qualified courthouse in Utah after him. It is dif- States courthouse referred to in subsection judicial nominees. The average age of ficult to imagine anyone who has had (a) shall be deemed to be a reference to the this week’s judicial nominees is 38. the same impact on the Federal judici- ‘‘Orrin G. Hatch United States Courthouse’’. You see, these are lifetime appoint- ary who has ever lived in or served Mr. LEE. Madam President, I am ments. If you get somebody with the from our State as Senator Hatch. grateful my colleagues have chosen to right answers to their political ques- Madam President, I would like to allow this to pass into law. It is a great tions, then they will give you 20, 30, or yield some time to my colleague, the day for Senator Hatch, the State of more years while you have control of Senator from Utah. Utah, and the United States. that court, and control of the court is Mr. ROMNEY. Senator LEE, thank I suggest the absence of a quorum. more important, obviously, than you for your excellent remarks with re- The PRESIDING OFFICER. The coronavirus. gard to Senator . I rise to clerk will call the roll. The youngest one of these nominees second what you said and to add a few The senior assistant legislative clerk is Kathryn Mizelle. She is 33 years old. words, some duplicative. proceeded to call the roll. The American Bar Association took a As you indicated, Senator Hatch f look at her record and judged her ‘‘not dedicated his life to serving our coun- qualified.’’ This is the 10th Trump try and our State, and he served in this EXECUTIVE SESSION—Continued nominee for a lifetime appointment to body for some 42 years—a remarkable Mr. DURBIN. Mr. President, I ask and extraordinary career of public the Federal court who has been judged unanimous consent that the order for ‘‘not qualified’’ by the American Bar service. And, of course, he was one of the quorum call be rescinded. the longest serving chairmen of the Association. You might say: I am sure The PRESIDING OFFICER (Mr. CAS- that happens. Well, it didn’t happen at Senate Judiciary Committee and, SIDY). Without objection, it is so or- therefore, played a pivotal role in con- all in the 8 years of the Obama Presi- dered. dency. Not a single nominee who was firming many, many current and now- CORONAVIRUS retired Supreme Court Justices. And judged ‘‘unqualified’’ was sent to Con- Mr. DURBIN. Mr. President, the while serving as chairman, he also gress. United States surpassed 11 million helped shepherd hundreds of district Another nominee, Stephen Vaden, COVID–19 cases this past week. This and appellate judges through confirma- who has been nominated for a lifetime comes just 6 days after our Nation re- tion, including the majority of Utah’s position at the Court of International corded 10 million cases—1 million Federal judges. Trade, has never appeared before the His impact on the State of Utah is added to the 10 million in 6 days—mak- Court of International Trade. He has not just professional but also personal. ing it the fastest transmission of 1 mil- never tried a case in any court. He will Virtually anybody who stopped Sen- lion new cases since the pandemic be a great judge once he figures it out. ator Hatch and asked his opinion on a began. Nearly a quarter of a million We voted on Dr. Judy Shelton’s nom- topic—he would stop, shake their hand, Americans have died. This runaway ination to the Federal Reserve Board. smile, and give them a full rapt atten- crisis is alarming, it is deadly, and it She is uniquely unqualified. Her eco- tion. He is a tall drink of water, so you demands action. nomic views are almost humorous, have to look up to Senator Hatch. The city of Chicago began a stay-at- they are so out of touch with reality. I came to him, following the crisis of home advisory to help encourage peo- We are experiencing the worst reces- 9/11, asking for his help in securing es- ple to contain the virus in our commu- sion in 75 years, and Dr. Shelton, by sential security funding for the Olym- nities. Across Illinois, more than 5,000 her stated views, is unprepared to con- pic Winter Games of 2002. Senator patients have been hospitalized with tribute to dealing with this economic Hatch immediately took me to meet COVID–19 each night for the past week. crisis. with other Senators, and he, along with We have shattered new infection It is the story of the 116th Congress. others, was able to secure the funding records nearly every day this month. The Republican-controlled Senate necessary to make sure that our games Illinois has now experienced more than spends month after month after month were safe and were ultimately produced 597,000 cases, and we have sadly lost ignoring a raging pandemic and refus- successfully in a way that made them 10,875. My heart goes out to everyone ing to even consider the House-passed the most successful Olympic Winter who has lost a loved one. relief legislation. Games in history. He was and is an In addition to trying to keep our- Here is a good question for Members honorable public servant who con- selves and our loved ones healthy and of the Senate: How many amendments tinues to have tremendous impact on safe from the virus, Americans have has the Senate voted on this calendar our State; therefore, it is only appro- also been struggling to deal with eco- year of 2020? Not counting impeach- priate that Utah’s Federal courthouse nomic uncertainty, job loss, food inse- ment—set that aside. But how many be named in his honor, and I am glad to curity, childcare—the list goes on and amendments to legislation have we support this legislation. on and on. Here we are just days before considered in this calendar year? The I yield my time back to Senator LEE. Thanksgiving, and many of our neigh- answer is 27—27 amendments in this Mr. LEE. I ask unanimous consent bors are trying to pick the right day to calendar year. That is an improvement, that S. 4902 be considered read a third go to the food bank so they can feed incidentally. In 2019, we considered ex- time and passed and that the motion to their families on this day of thanks. actly 22 amendments. Six of them were reconsider be considered made and laid Where is the sense of urgency on Cap- forced on us by Senator of upon the table. itol Hill when it comes to providing an- Kentucky, who basically said: I won’t The PRESIDING OFFICER. Without other round of economic impact pay- let you go home until you vote on this objection, it is so ordered. ments, enhanced unemployment bene- amendment. And, as Senator PAUL has

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