S6536 CONGRESSIONAL RECORD — SENATE November 29, 2016 going on. This gives him new authority is. It is true that we will have to ap- (FARA), GBS/CIDP Foundation Inter- to do that. Everybody thinks that prove it every year, and it is true that national, The Global Foundation for would be an important thing to do. It we had to reduce other spending in Peroxisomal Disorders, The Guthy-Jackson was approved by voice vote. order to have this spending, but that is Charitable Foundation, Hermansky-Pudlak Advancing Precision Medicine. This Syndrome Network Inc., Histiocytosis Asso- the way we are supposed to do things. ciation, HLRCC Family Alliance, The Hun- is legislation that I introduced and What we have done is take a bipar- tington’s Disease Society of America, supported the President’s Precision tisan core of bills; we worked hard for HypoPARAthyroidism Association, Immune Medicine Initiative, which I have two years in a bipartisan way and pro- Deficiency Foundation, Indian Organization talked about before. duced a result that had very few ‘‘no’’ for Rare Disorders, The International Advo- There is other legislation that went votes along the way. It includes Demo- cate for Glycoprotein Storage Diseases, through. The point of all of this is that cratic priorities as well as Republican International FOP Association, Inter- 19 different bills are the core of this priorities. It has the avid interest of national Foundation for CDKL5 Research, 21st Century Cures Act. The most re- International Myeloma Foundation, Inter- the Democratic President of the United national Pemphigus and Pemphigoid Foun- corded number of votes against this States, the Democratic Vice President dation (IPPF), International WAGR Syn- bill was two, and every single one was of the United States. It is a part of the drome Association, Jack McGovern Coats’ sponsored by a Democrat as well as a agenda forward in health care for the Disease Foundation, Kennedy’s Disease Asso- Republican, except for one, which was Republican Speaker of the House, and ciation, LAL Solace, The Life Raft Group, Senator MURRAY’s bill. She is the rank- the Republican majority leader in the Lymphangiomatosis & Gorham’s Disease Al- ing Democrat on the committee. Senate says it is the most important liance, The Marfan Foundation, MEBO Re- In conclusion, we are fortunate to be bill we are going to act on. search, MitoAction, Moebius Syndrome Foundation, The Morgan Leary Vaughan able to add to the bill the Mental I would think that would get a big Health Reform Act. Actually, we in- Fund. vote tomorrow in the House, and I Mucolipidosis Type IV Foundation, Mus- clude three mental health bills, and to- would think it deserves a big vote in cular Dystrophy Association (MDA), The gether they make up the most signifi- the U.S. Senate next week. It has been Myositis Association, National Adrenal Dis- cant reform of mental health programs my privilege to work with Senator eases Foundation, National Alopecia Areata that we have had in more than a dec- MURRAY and the other members of the Foundation, National Ataxia Foundation, ade. I want to give particular credit to Committee on Health, Education, and National Eosinophilia Myalgia Syndrome Senator MURPHY, Democrat, and to Labor to produce the bill. Network, National Lymphedema Network Senator CASSIDY, Republican, for work- I yield the floor. (NLN), National MPS Society, National Or- ing together through some real land- ganization for Rare Disorders (NORD), Na- There being no objection, the mate- tional PKU Alliance, National Spasmodic mines to get this to a place where it rial was ordered to be printed in the Dysphonia Association, National Tay-Sachs can pass the House almost unani- RECORD, as follows: & Allied Diseases Association, Inc. (NTSAD), mously and where it will be a part of ORGANIZATIONS SUPPORTING 21ST CENTURY NBIA Disorders Association, NephCure Kid- the bill that we will vote on next week. CURES ney International, Neuroendocrine Tumor I want to thank the majority whip, IBM, Premier Healthcare Alliance, Amer- Research Foundation, Neurofibromatosis Senator CORNYN, who also added an im- ican Society of Clinical Oncology, National Network, The Oley Foundation, Organic Aci- portant judicial part to this legislation Patient Advocate Foundation, Parent demia Association, Osteogenesis Imperfecta and helped us navigate some difficult Project Muscular Dystrophy, Alliance of Foundation, Oxalosis and Hyperoxaluria issues. In other words, these Senators Specialty Medicine, Advanced Medical Tech- Foundation, Parent Project Muscular Dys- nology Association (AdvaMed), Association trophy (PPMD), Parents and Researchers In- showed that they know how to legis- terested in Smith-Magenis Syndrome late. They could have stood up and of American Medical Colleges, Association of Public & Land-Grant Universities/Associa- (PRISMS), PKD Foundation, Prader-Willi made a speech. They could have in- tion of American Universities, United for Syndrome Association (USA), PRP Alliance, sisted on doing things exactly their Medical Research; Epstein Becker Green on Pulmonary Hypertension Association, way, but they said to look for the area behalf of: Coalition for CLIA Waiver Reform, RASopathies Network USA, Rett Syndrome where we might agree on 80 percent of Advanced Medical Technology Association, Research Trust, Scleroderma Foundation, the policy and let’s agree that. National Coalition of STD Directors, Abbott, Spastic Paraplegia Foundation, Sturge- This is one of those bills. Look at the Alere, Becton Dickinson & Company, BioFire Weber Foundation, Tarlov Cyst Disease Diagnostics, ChemBio Diagnostic Systems, Foundation, Tuberous Sclerosis Alliance, number of Republicans and Democrats United Leukodystrophy Foundation, The who have passed that. Here is the sec- Roche Diagnostics, Sekisui Diagnostics, Spartan Bioscience, TearLab Corporation. United Mitochondrial Disease Foundation, ond mental health bill we are talking Coalition of 217 rare disease foundations: US Hereditary Angioedema Association, Vas- about. You can see the number of Sen- AKU Society of North America, Alpha–1 culitis Foundation, VHL Alliance, Williams ators. I have taken some time to go Foundation, ALS Association, Alternating Syndrome Association, Wilson Disease Asso- through the legislation that will be Hemiplegia of Childhood Foundation, Amer- ciation, Worldwide Syringomyelia & Chiari coming to the Senate early next week ican Behcet’s Disease Association (ABDA), Task Force, XLH Network. and that will be voted on tomorrow in American Brain Tumor Association, Amer- Mr. ALEXANDER. I suggest the ab- the House of Representatives. I do ican Multiple Endocrine Neoplasia Support sence of a quorum. think it likely represents, as the ma- (AMEN Support), Association for The PRESIDING OFFICER. The Frontotemporal Degeneration (AFTD), Asso- clerk will call the roll. jority leader has suggested, the most ciation of Gastrointestinal Motility Dis- important piece of legislation that we orders, Inc. (AGMD), Association for Gly- The bill clerk proceeded to call the could act on this year. Because it af- cogen Storage Disease, Batten Disease Sup- roll. fects virtually every American family, port and Research Association, BCC Nevus Mr. CORNYN. Mr. President, I ask Forbes magazine reported that 78 per- Syndrome Life Support Network, BRBN Alli- unanimous consent that the order for cent of the American people favored ance, Children’s PKU Network. the quorum call be rescinded. Congress taking action on medical in- Cholangiocarcinoma Foundation, Chro- The PRESIDING OFFICER. Without novation because they have heard peo- mosome Disorder Outreach Inc., Cicatricial objection, it is so ordered. Alopecia Research Foundation, Council For ple like Dr. Francis Collins, the head of Bile Acid Deficiency Diseases, CureCADASIL f the National Institutes of Health, talk (CADASIL Association Inc.), CureCMD, Cure about within the next 10 years having a FILLING THE SUPREME COURT HHT, Cutaneous Lymphoma Foundation, VACANCY Zika vaccine and HIV/AIDS vaccine, The Desmoid Tumor Research Foundation, identifying Alzheimer’s before symp- Inc., Dystonia Advocacy Network, Dystonia Mr. CORNYN. Mr. President, earlier toms appear and slow its progression, Medical Research Foundation, dystrophic this year the Republican leadership an artificial pancreas for those with di- epidermolysis bullosa research association of made a somewhat controversial deci- abetes, and a non-addictive type of America (debra of America), The sion, but when you think about it, it Erythromelalgia Association, Everylife shouldn’t have been all that controver- pain medicine. Foundation for Rare Diseases, Foundation These are magnificent opportunities for Ichthyosis & Related Skin Types, Inc., sial. It was to allow the American peo- for us. We have strong leadership at Foundation for Prader-Willi Research, Foun- ple, by their selection for the next the National Institutes of Health. We dation to Eradicate Duchenne (FED), President of the United States, to ex- have put our money where our mouth Friedreich’s Ataxia Research Alliance press their views about who ought to be

VerDate Sep 11 2014 06:30 Nov 30, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.026 S29NOPT1 smartinez on DSK3GLQ082PROD with SENATE November 29, 2016 CONGRESSIONAL RECORD — SENATE S6537 nominated to the vacancy left by the accountable, unelected legislators As I said, we need a Justice like the untimely death of Justice Antonin wearing black robes or judges who be- late Justice Scalia, who believed that Scalia. This is not an easy decision, lieved in the more traditional role for the words in the Constitution matter. but the fact remains that the Supreme the judiciary—judges who actually in- We need a Justice who brings some Court considers rules on some of the terpret the written words on the page sense of humility to the bench. That is most pressing, challenging questions of passed by the Congress and signed into a very important quality. I remember our time. It does some very important law or the Constitution itself. I believe Chief Justice Roberts talking about things, such as interpreting the Con- that is how our Founding Fathers in- the importance of humility when it stitution. They are the final word. It tended our separation of powers to comes to the job of judging. When one also guarantees liberty by the separa- work. has a lifetime tenure job and can’t be tion of powers and enforcing the Bill of The judiciary is not supposed to be a removed from office except by im- Rights and the like. substitute for Congress and the polit- peachment, that gives them a lot of It is no exaggeration to say that the ical branches; it is supposed to rep- latitude to do things that perhaps Supreme Court affects the lives of resent a check and balance to make maybe humility would dictate that we every man, woman, and child in our sure that the laws that are passed do not do. So we need people of good char- country, and it is obviously a truism not violate the Constitution as written acter, people with the requisite quali- that the people who occupy those seats and that the laws that are passed are fications and experience and with the faithfully enforced according to the will have a very clear impact on the fu- right judicial philosophy, I believe. We ture direction of not only the Court words in the statute. I, for one, look forward to consid- need a Justice who will fight for the but our country. Court to take its proper role as a check We have to consider lifetime appoint- ering President-Elect Trump’s nominee to the Supreme Court in due time. against executive or legislative over- ments carefully. As Justice Scalia reach, but it ought to be constrained liked to say during his lifetime, why in Since I have been in the Senate, I have had the privilege of participating in by the words of the Constitution as the world should people trust non- the nomination and confirmation of written and by the words in the legisla- elected judges to make value judg- four Justices to the U.S. Supreme tion Congress has passed. There is no ments and in so doing, substitute their Court. As members of the Judiciary justification under our Constitution for judgment for the views of the duly Committee, we are at ground zero in a judge who simply views their position elected Members of Congress who rep- that process, and I know Chairman as license to do what they want or sub- resent the American people and who GRASSLEY is already preparing, along stitute their opinion for that of the are politically accountable? That is with members of the committee, to re- elected representatives of the people. why he said judges ought to take a ceive the nomination of President- I am optimistic we will be able to rather limited role, or view of their Elect Trump. We don’t know whom he move forward with President-Elect role, under the Constitution. I agree will nominate to the Court yet, but he Trump’s nominee to fill the bench and with him. has given the American people a pretty will soon be up to full speed of nine The role of the judiciary is not to say good idea of the type of jurist he would Justices. Through President Obama’s what the law should be but, rather, nominate. I think that is one of the tenure, we saw the Senate confirm two what the law actually is. Unfortu- reasons millions of Americans voted of his Justices to the Supreme Court. nately, we know the Supreme Court of for him. They wanted an administra- As I mentioned, those are two of the the United States has become such a tion committed to the Constitution, four confirmations in which I have had controversial place in large part be- and they saw that commitment re- the pleasure of participating in the cause of its tendency to substitute its flected in the list of men and women confirmation process. President Obama value judgments for those of the Amer- President-Elect Trump circulated as was able to replace two members of the ican people or to read into the Con- potential nominees to the Court. Court. stitution words that nobody found in Now that we have heard from the In recent months, we heard our the last 200 years, but miraculously American people, I look forward to friends across the aisle say how impor- somehow they sprung up with new going through the confirmation process tant it is to fill the vacancy left by the meaning, resulting in the creation of a once again. I am sure it will be a rig- death of Justice Scalia. We know they new constitutional life that nobody orous contest of ideas. I am sure there disagreed with us on our decision to ever dreamed existed before. will be a lot of different views ex- leave that decision to the voters who It is true that the Supreme Court pressed, and that is OK. But in the end, selected the next President, but I trust plays an essential function in our gov- I am confident that we will elect Presi- they will feel the same way now—that ernment, and there was simply too dent-Elect Trump’s nominee to the Su- it is important that we fill this bench much at stake not to let the American preme Court. I am optimistic that it without undue delay now that the peo- people, through their selection of the will be somebody in the tradition of ple have spoken. next President, have a say. Well, suf- Justice Scalia, somebody who believes It is the American people who I be- fice it to say, 3 weeks removed from in upholding the rule of law in the lieve have made a choice in the type of election day, it is clear that we heard country. Justice they want confirmed to the their voice. I think by the selection of Having been a member of the State Court. They have determined that Donald Trump as the next President of judiciary for 13 years, I have some pret- what our country needs is a Justice the United States, the American people ty strong views on this topic. If people committed to the rule of law and to the clearly realized that even though the want to take on the role of a policy- Constitution—not politics, not value Supreme Court wasn’t on the ballot, maker, I believe they ought to run for judgments, but enforcing the law as the person who selected the next Su- Congress or some legislative office or written. I look forward to helping the preme Court Justice—perhaps the next maybe run for President. They new administration deliver that for the two or three—was clearly on the ballot, shouldn’t seek to be a judge on the American people. and there was a clear difference be- Federal court or in the court system f tween those choices. I think people re- because that is not primarily a policy- alized that Secretary Clinton would making role. It is important but per- JUSTICE FOR ALL likely appoint more judges in the tra- haps less exciting in some ways or at REAUTHORIZATION BILL dition of people like Justice Ginsburg least is a less visible way of inter- Mr. CORNYN. Mr. President, today and Justice Sotomayor, people who preting the Constitution and the laws the House will take up a piece of legis- demonstrated their record of being passed by Congress. That is important lation known as the Justice for All Re- willing to take some license with the and straightforward enough, but it is authorization Act, a bill that will help Constitution and the laws and basi- important that the people who are victims as they seek to restore their cally rewrite them in their own image. nominated and confirmed understand lives and will better equip law enforce- I think the American people knew what their important but limited role ment to fight some of the most heinous they were choosing between activist is under our constitutional govern- crimes imaginable. This legislation judges who essentially operated as un- ment. will help put more of the guilty behind

VerDate Sep 11 2014 06:30 Nov 30, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.028 S29NOPT1 smartinez on DSK3GLQ082PROD with SENATE