Minority Leader Chuck Schumer, D-NY
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S2216 CONGRESSIONAL RECORD — SENATE April 3, 2019 nominations because it is taking too I look forward to this dialogue, and I The question is, Is it the sense of the long, and so they made a proposal. It look forward to the day we can get this Senate that debate on the nomination was 2 hours, equally divided—so it issue resolved so we can get back to of Jeffrey Kessler, of Virginia, to be an would actually be 1 hour—for district the work of legislation because we Assistant Secretary of Commerce shall court judges, 8 hours for other nomi- can’t even get to legislation right now be brought to a close? nees, which again equally divided because we are blocked on nomina- The yeas and nays are mandatory would actually be 4 hours total for tions. So let’s get the nomination issue under the rule. other lower nominees, 30 hours for cir- resolved, as we have for two centuries, The clerk will call the roll. cuit court, Supreme Court, Cabinet of- and then let’s get on to legislation and The senior assistant legislative clerk ficers. finish the task. called the roll. Republicans joined with Democrats I yield the floor. Mr. THUNE. The following Senator is in 2013 and with 78 votes at the begin- I suggest the absence of a quorum. necessarily absent: the Senator from The PRESIDING OFFICER (Mr. ning of President Obama’s second Mississippi (Mrs. HYDE-SMITH). term—and may I remind this body, Re- PERDUE). The clerk will call the roll. Mr. DURBIN. I announce that the The senior assistant legislative clerk publicans were not excited about Presi- Senator from California (Ms. HARRIS) is proceeded to call the roll. dent Obama’s second term—Repub- necessarily absent. licans joined with Democrats on this Mr. COTTON. Mr. President, I ask unanimous consent that the order for The PRESIDING OFFICER. Are there one principle: Every President should any other Senators in the Chamber de- be able to hire their own staff and their the quorum call be rescinded. The PRESIDING OFFICER. Is there siring to vote? staff not be blocked. When the Amer- The yeas and nays resulted—yeas 95, ican people vote for a President, this objection? Without objection, it is so ordered. nays 3, as follows: body should respect the vote of the Mr. COTTON. Mr. President, we raise [Rollcall Vote No. 58 Ex.] American people and allow that Presi- this point today, not just because of dent to hire their staff. Now, when YEAS—95 what has happened to Donald Trump’s President Trump was elected, Demo- Alexander Fischer Peters nominees over the last 2 years, but we Baldwin Gardner Portman crats have 128 times blocked President reached this point because 16 years ago Barrasso Graham Reed Trump from getting his nominees—128 Bennet Grassley the Senator from New York started Risch times. Blackburn Hassan Roberts this Senate down a path that was un- I have, for now 2 years, met with my Blumenthal Hawley Romney precedented in 200 years. For 200 years, Blunt Heinrich Democratic colleagues, and I have Rosen any President’s nominees got an up-or- Booker Hirono Rounds asked, let’s put back into place exactly down vote. That was the custom, the Boozman Hoeven Rubio what Republicans voted with Demo- Braun Inhofe Sasse unwritten rule, if you will. Brown Isakson crats to do. I am asking Democrats to Schatz Burr Johnson Starting in 2003, specifically geared Schumer now vote with Republicans to do that. Cantwell Jones toward a brilliant young lawyer named Scott (FL) They have said no for 2 years. Capito Kaine Miguel Estrada, the Senator from New Scott (SC) So I simplified the proposal and said: Cardin Kennedy York warped those unwritten rules and Shaheen Let’s just make it straightforward and Carper King customs. That has brought us to where Casey Klobuchar Shelby simple, taken from the same principles Sinema we are today. So today Senator SCHU- Cassidy Lankford Harry Reid put forward under Presi- Collins Leahy Smith MER will reap what he sowed. I will call Stabenow dent Obama. Let’s make that perma- Coons Lee it Miguel Estrada’s revenge. Cornyn Manchin Sullivan nent, no matter who the President is I yield the floor. Cortez Masto Markey Tester now or in the future. Let’s make it Cotton McConnell Thune I suggest the absence of a quorum. Tillis consistent and straightforward. The PRESIDING OFFICER. The Cramer McSally I was told no by every single Demo- Crapo Menendez Toomey clerk will call the roll. Cruz Merkley Udall crat, with this one exception. I will The senior assistant legislative clerk Daines Moran Van Hollen vote for that proposal as long as it proceeded to call the roll. Duckworth Murkowski Warner starts in January of 2021. I am glad you Mr. MCCONNELL. Mr. President, I Durbin Murphy Whitehouse Republicans joined with Democrats, Enzi Murray Wicker ask unanimous consent that the order Ernst Paul Wyden they would say, to help President for the quorum call be rescinded. Feinstein Perdue Young Obama get nominees, but we will not The PRESIDING OFFICER. Without NAYS—3 help President Trump and will block objection, it is so ordered. him all the way through. Now, if you Mr. MCCONNELL. I ask unanimous Gillibrand Sanders Warren want to open this up for 2021, we will be consent that the mandatory quorum NOT VOTING—2 glad to be able to help. call be waived. Harris Hyde-Smith I want to reiterate that Republicans The PRESIDING OFFICER. Is there believe whoever the President is, when objection? The PRESIDING OFFICER. On this the American people select a Presi- Without objection, it is so ordered. vote the yeas are 95, the nays are 3. dent, they should be able to hire their CLOTURE MOTION The motion is agreed to. staff. I wish my Democratic colleagues The cloture motion having been pre- The Democratic leader. believed the same thing. Because of sented under rule XXII, the Chair di- Mr. SCHUMER. Mr. President, this is that, we are making a change today. I rects the clerk to read the motion. a very sad day for the Senate. At a have worked for months, meeting with The senior assistant legislative clerk time when Leader MCCONNELL brags Democratic colleagues, trying to find read as follows: about confirming more judges than some way we could come to an agree- CLOTURE MOTION anyone has done in a very long time, ment as was done in 2013, where Repub- We, the undersigned Senators, in accord- he feels the need to invoke the terribly licans and Democrats came together to ance with the provisions of rule XXII of the destructive and disproportionate proce- resolve this. I have been rebuffed for 2 Standing Rules of the Senate, do hereby dure of the nuclear option in order to years. Not a single Democrat has been move to bring to a close debate on the nomi- fast-track even more of President willing to join us in this, not a single nation of Jeffrey Kessler, of Virginia, to be Trump’s ultraconservative nominees to an Assistant Secretary of Commerce. one. That is unfortunate. the Federal bench. Mitch McConnell, Steve Daines, John Before I discuss that in greater de- At the end of the day, we will try to Thune, John Cornyn, James M. Inhofe, restore this body back to how it used Pat Roberts, Mike Crapo, Chuck Grass- tail, I want to note for the record that to function for two centuries, when ley, Richard Burr, John Barrasso, Democrats were prepared to confirm every President was allowed to get a Jerry Moran, Roy Blunt, Shelley the nomination of Mr. Kessler by unan- hearing for their nominees and get a Moore Capito, John Boozman, Johnny imous consent, so the cloture vote we vote in the Senate. For two centuries, Isakson, Thom Tillis, John Hoeven. had was unnecessary. we functioned that way. I think it is The PRESIDING OFFICER. The If you have been listening to Sen- not unreasonable to function that way mandatory quorum call has been ators debate this issue in recent days, again in this body. waived. you have heard a lot of claims and VerDate Sep 11 2014 04:33 Apr 04, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03AP6.011 S03APPT1 April 3, 2019 CONGRESSIONAL RECORD — SENATE S2217 counterclaims about cloture votes, far-right Supreme Court nominees, and Two hours for a lifetime appointment . about rates of confirmation for circuit then have candidate Trump pledge to is unacceptable. and district courts in different Con- only nominate people on that list. And She said: gresses, about judicial vacancies and not just the Supreme Court—the Fed- Two hours for a lifetime appointment, with other arcane things that may not eralist Society is and continues to be a huge influence on people’s lives, is unaccept- sound very illuminating. So I want to huge influence on nominees to the cir- able. It’s ridiculous. It’s a mockery of how start by making clear what this debate cuit courts. this institution should work. is really all about. I want to issue a No other Presidential candidate had It is not just the courts. There are warning about what is at stake in this so willingly and openly outsourced ju- many examples in the executive branch fight. Underneath all of the statistics, dicial nominations this way, but it as well. Ann Marie Buerkle, nominated what Leader MCCONNELL, President mollified the hard right, and the Presi- to chair the CPSC—just today the Post Trump, and Republicans in the Senate dent has dutifully nominated people reported that this nominee blocked ac- are trying to do is use the courts to from the list to the Supreme Court.