February 29, 2016 CONGRESSIONAL RECORD — HOUSE H1037 terrific woodworker, and a lifelong States Senate fulfills their constitu- deep reflection, careful deliberation, member of the VFW, Post 9699, in Ash- tional obligation to advise and consent and serious consultation with legal ex- land. as it relates to considering any Su- perts, members of both political par- For 240 years, patriotic Americans preme Court nomination that Presi- ties, and people across the political from small towns across this great dent Obama sends up to that body. spectrum.’’ country have fought for our freedoms We know that Justice Antonin Scalia But Republicans have made a deci- and our way of life. Corporal Joe has moved on after a long and distin- sion to completely refuse consideration O’Clair of Ashland, Maine, was among guished career. Though I disagree with of anyone that President Obama nomi- 66,000 courageous veterans throughout almost every single judicial opinion nates to the Supreme Court. In fact, Maine’s Second Congressional District. that he has issued, he served this Na- they have stated that they won’t hold Thank you, Norm, for what you have tion well. a hearing or a vote before the full Sen- given us. Your gift will last forever. Now that he has moved on, the Su- ate. f preme Court, which is contained in Ar- Senate Democrats never acted so ticle III of the United States Constitu- recklessly when faced with this situa- RECOGNIZING THE LIFE OF tion, has a vacancy. It is the obligation tion in 1988, when there was a vote to PRINCE WILLIAM COUNTY PO- of the United States Senate to fill that confirm Justice Kennedy. There was no LICE OFFICER ASHLEY GUINDON vacancy by considering whatever nomi- talk of doing nothing until after that (Mrs. COMSTOCK asked and was nee President Barack Obama sends for- year’s election because it was unthink- given permission to address the House ward. able then to leave the Court short- for 1 minute and to revise and extend Members of the United States Senate handed for that long. And it remains so her remarks.) take an oath of office to faithfully dis- now. Mrs. COMSTOCK. Mr. Speaker, I rise charge their responsibilities. When you The power of the Court, Mr. Speaker, to recognize the life of Prince William look at Article II, section 2, of the is reflected in the work it does. Its de- County Police Officer Ashley Guindon. United States Constitution, which cisions often shape the policy as pro- Ashley was 28 years old. She was shot gives the President the power to nomi- foundly as any law passed by Congress and killed while responding to a do- nate someone to fill a vacancy on the or any action taken by the President of mestic disturbance in Woodbridge, Vir- Supreme Court, it is the Senate that these United States. ginia, on her first day on the job. She must consider that nominee. When we look back to our history, had just been sworn in the previous Since the early part of the 20th cen- especially as African Americans, the day, and the incident occurred only 90 tury, there have been eight different importance of the decisions handed minutes into her first training shift. Supreme Court nominees who have down by the Supreme Court cannot be She also had been serving her country been voted on in an election year. Six overstated. and community as a member of the of them actually were confirmed, but For example, most of us are familiar U.S. Marine Corps Reserve. all eight of them received a hearing. with Brown v. Board of Education in So, for the life of me, I can’t figure She was a gifted and skilled officer, 1954, which reversed Plessy v. Ferguson out why Senator MITCH MCCONNELL and this great sense of service that she and its ‘‘separate but equal’’ ruling. thinks that he can get away with hold- had to her country and her community Striking down segregation in our Na- ing a nomination up without even the will be so missed by her family, friends, tion’s public schools provided a major slightest bit of consideration. So we and colleagues on the force. catalyst for the civil rights movement are going to explore that here today. Twenty-eight years old. She rep- and made advances in desegregating We will be joined by any number of resented the best of our youth, and her housing, public accommodations, and distinguished Members of the House of tragic murder is a reminder of the sac- institutions of higher education pos- Representatives and the Congressional rifices that law enforcement in my dis- sible. trict, in all of Virginia, and throughout Black Caucus, but let me proceed by yielding to my good friend and col- After Brown, the Nation made some our country make every day. We honor great strides towards opening the doors her service and her sacrifice and that league from Ohio (Mrs. BEATTY), my dynamic coanchor who does such a tre- of education to all students. Unfortu- of all of our dedicated, selfless law en- nately, the promise of the Brown deci- forcement officers. They deserve our mendous job on behalf of the people of the great State of Ohio and the city of sion remains unfulfilled in many ways. honor and respect every day. More than 2 million Black students I also ask that we continue to pray Columbus. Mrs. BEATTY. Thank you so much, attend schools where 90 percent of the for her fellow officers, Jesse Hempen student body is made up of minority and David McKeown, who were also Congressman JEFFRIES. It is certainly an honor and a privilege for me to join students. On average, schools serving shot during this incident, and we pray more minority populations have less for their full recovery. you this evening as coanchor for this Congressional Black Caucus Special experienced, lower paid teachers who f Order hour. are less likely to be certified. b 1915 Congressman JEFFRIES’ scholarship A report from the Center for Amer- and distinguished talents as a member ican Progress found that a 10 percent SUPREME COURT VACANCY of the Judiciary Committee have not point increase in students of color at a The SPEAKER pro tempore. Under gone unnoticed. I thank him for lead- school is associated with a decrease in the Speaker’s announced policy of Jan- ing by example in challenging us to ini- per-pupil spending of $75. uary 6, 2015, the gentleman from New tiate and follow through in sending a In many ways, more than 60 years York (Mr. JEFFRIES) is recognized for message on Senate Republicans’ refusal after Brown v. Board of Education 60 minutes as the designee of the mi- to act on the Supreme Court vacancy. school systems in the United States nority leader. In part, tonight’s Congressional are still separate and unequal. And we Mr. JEFFRIES. Mr. Speaker, it is an Black Caucus Special Order hour, Sen- are just not witnessing educational dis- honor and a privilege for me to once ate Republicans: Do Your Job, does parities at the elementary and sec- again stand on the floor of the House of just that. ondary education level. College enroll- Representatives along with my distin- As you reflected in your opening ment is racially polarized. guished colleague from Ohio, Rep- statement, Article II, section 2, of the White students are overrepresented resentative JOYCE BEATTY, coanchor of Constitution expressly designates that in selective colleges, which have more this CBC Special Order hour, this hour the President has a duty to name and resources to educate and to support of power where, for the next 60 min- the Senate has a responsibility to ad- them, while African American students utes, we will have an opportunity to vise and consent a nominee to fill the are overrepresented in less selective in- speak directly to the American people seat. stitutions. about an issue of grave importance to President Obama takes this very se- Mr. Speaker and Congressman the integrity of our democracy, and riously. He has stated: ‘‘It’s a decision JEFFRIES, you see where I am going that is making sure that the United to which I devote considerable time, with that.

VerDate Sep 11 2014 03:15 Mar 01, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K29FE7.051 H29FEPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1038 CONGRESSIONAL RECORD — HOUSE February 29, 2016 This is also why the late Justice 7-month process that began with the dent has indicated that he will do his Scalia’s comments during oral argu- appointment of Robert Bork to the Su- job, as mandated by the Constitution, ments of the pending United States Su- preme Court. His nomination was con- and so the Senate ought to just fulfill preme Court case, Fisher v. University sidered and defeated. its responsibility under the Constitu- of Texas at Austin, were so disturbing. And then there was the appointment tion and consider an appointment. Oth- He stated, in part: Maybe the Univer- of Douglas Ginsburg. We will just say erwise, you will have a vacancy not sity of Texas ought to have fewer Afri- his nomination went up in smoke. And only through the rest of this term—and can Americans. then we had the nomination and con- oral arguments have been taking These comments are inaccurate and firmation of Justice Kennedy. place—you will have the vacancy insulting to me and to African Ameri- In 7 months, from start to finish, an- through the rest of this term. You cans. They undervalue the historic other nomination was made and col- don’t need a vacancy through the en- achievement that African Americans lapsed and another nomination made, tire rest of the next term. have made. all within 7 months. We could complete There is plenty of time to consider Thousands of Black Americans have that entire process by the first Monday and vote up or down on a nomination. excelled to the top tier of their univer- in October, the beginning of the Su- And the unprecedented vacancy that sities. Many of them you will hear preme Court session. would occur if the Senate fulfills its from tonight because they are mem- There is no precedence for the Presi- threat to stonewall any nomination is bers of the Congressional Black Cau- dent declining to nominate somebody just unprecedented. cus. and virtually no precedence for the So I want to thank the gentleman They are scholars. They are the con- Senate just to ignore a nomination from New York and the gentlewoman science of the Congress. They represent that is made. from Ohio for giving us the oppor- the diversity of America’s best univer- The people overwhelmingly reelected tunity to just say a word about the im- sities and of America’s Historically President Obama in 2012 to a term that portance of everyone in our democracy Black Colleges and Universities. does not end until January 20, 2017, and fulfilling their constitutional respon- Mr. JEFFRIES. I thank the distin- we fully expect the President to fulfill sibilities. guished gentlewoman for her wonderful his duty to nominate a qualified indi- The President shall appoint, and the thoughts and observations, and I look vidual to the Supreme Court to fill the Senate shall consider, advise and con- forward to our continued dialogue. current vacancy. sent, so that we can have a Supreme It is now my honor and privilege to A failure of the Senate to act this Court Justice appointed before the first yield to the gentleman from Virginia year would be unprecedented. There is Monday in October. (Mr. SCOTT), one of those individuals ample time for that to take place. The We have plenty of time to do that. that Representative BEATTY mentioned longest confirmation process for a sin- There is no excuse for not doing it, and who is really a legal giant amongst us. gle nominee has been 125 days. we expect the Senate to do its job. He is someone who has served this in- On historic average, it takes 25 days Mr. JEFFRIES. Mr. Speaker, I thank stitution well. He understands the Con- to confirm or reject a nominee. As of the distinguished gentleman from Vir- stitution, the notion of separation of today, the Senate has 216 days until ginia for highlighting several impor- powers, and the importance of a fair the first Monday in October. tant points, including the fact that and equitable justice system. If the Senate were to refuse to con- there is no election year exception in Mr. SCOTT of Virginia. I thank the sider any of President Obama’s nomi- Article II, section 2 of the United gentleman from New York and the gen- nations—and they have said they want States Constitution. tlewoman from Ohio for organizing to- the next President to make the ap- This is all in MITCH MCCONNELL’s night’s Special Order to call on our col- pointment—there has been no indica- mind, cooked up in some partisan lab- leagues in the Senate to do their job tion that they will give expedited con- oratory in order to stop this President and provide their advice and consent sideration to the next President’s nom- from being able to move forward and do on the President’s upcoming nomina- ination. It could be well into the next the business of the American people. tion to the United States Supreme year by the time the new Justice is We shouldn’t be surprised, because Court. confirmed and sworn in. we know MITCH MCCONNELL stated very The Constitution is pretty clear on Even on an expedited schedule, the early on that his objective was to grind this issue. Article II, Section 2, doesn’t new President would not be able to everything to a halt here in the Capitol say the President might or the Presi- nominate anyone until they are sworn to try to prevent President Obama dent should. It says the President shall in on January 20. The Senate Judiciary from being re-elected. Not my words, nominate, and by and with advice and Committee would need time to prepare his words. consent of the Senate, appoint judges for hearings, which could not occur But here’s the thing. President to the Supreme Court. until probably February. And then the Obama was re-elected in an electoral There seems to be some suggestion full Senate would need time to con- college landslide. And his opponent in that, if it is an election year, he ought sider the nomination, with the con- that race, Mitt Romney, tried to make to skip that process and let the next firmation not likely until probably it, in part, an election that was a ref- President make the appointment. They March. erendum on the possibility that Presi- say there is very little precedence for a dent Obama would have the oppor- President nominating somebody in an b 1930 tunity to fill a Supreme Court vacancy. election year. Now, by March of a term, the term is That issue was laid before the Amer- That might be technically correct, effectively about over. Most of the oral ican people by President Obama’s oppo- but the fact of the matter is that there arguments have already taken place nent, and the American people re- have been virtually no vacancies that and they are into decisions. You can’t sponded, processed all of the facts, and have occurred during an election year. participate in a decision if you skip the decided to re-elect President Obama, I think the last one was about almost oral argument. send him back to 1600 Pennsylvania 50 years. In that case, an appointment So not only would the vacancy occur Avenue. was made and considered. through the rest of this term, almost The American people did their job. That is the process that ought to half of a Supreme Court term, it would The President is prepared to do his job. take place in this case. The rarity of be well into the next term and, effec- The Senate Republicans need to do such an event should not preclude the tively, through most of the next term. their job as well. Senate from fulfilling its constitu- There is no excuse to leave the Court It is now my honor and my privilege tional responsibility. There is prece- vacancy open in what then would be a to yield to someone who has been a dent for the President nominating and historic new precedence. There is no stalwart for justice in this institution, the Senate at least considering the precedence for keeping a vacancy open a revered Member of the House of Rep- nomination during an election year. that long. resentatives, the great whip of House Now, Justice Kennedy was confirmed We need the justice appointed. The Democrats, and someone who has the in an election year in 1988. That was a Senate ought to do its job. The Presi- respect of everyone in the United

VerDate Sep 11 2014 03:15 Mar 01, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K29FE7.054 H29FEPT1 emcdonald on DSK67QTVN1PROD with HOUSE February 29, 2016 CONGRESSIONAL RECORD — HOUSE H1039 States Capitol and beyond for his serv- worked in the last year of an adminis- Melissa Hart, Director of the Byron ice to the House and his service to the tration. White Center, a former member of the country, a great friend to the Congres- President Obama has a constitu- Supreme Court for Constitutional Law sional Black Caucus, and we are so tional responsibility to nominate a at the University of Denver said, if we thankful that he is present here today. candidate for the Court that will exer- don’t act, ‘‘It would be a monumental I yield to the gentleman from Mary- cise sound judgment, uphold the prin- crisis for the development of the law land (Mr. HOYER), the Democratic ciple that all people are created equal and the need to resolve legal ques- whip. and must be treated equally under the tions.’’ Mr. HOYER. Mr. Speaker, I thank laws. Caroline Frederickson, president of my friend from New York (Mr. The Founders of our country very the American Constitution Society for JEFFRIES) for his excellent presen- wisely made the number on the Su- Law and Policy, wrote on February 19, tation. preme Court an odd number, not an ‘‘It would be unfathomable to go I want to thank Mr. SCOTT, who, as even number, because the Founders did through this term,’’ and as Mr. SCOTT the gentleman observed, is one of the not want gridlock. Now we are used to pointed out, the next term, ‘‘with a Su- leaders in this Congress on the Con- gridlock in this Congress. But they did preme Court hobbled by a vacancy.’’ stitution and on the law and on equal not want gridlock on the Court, and so Mr. Speaker, let me remind you justice. they provided for a decision to be made again, if a President dies, immediately I want to thank my friend from Ohio, by five members out of nine. we fill the vacancy. If a Member of the gentlewoman from Ohio, for her re- Now, however, with four and four, Congress dies, every State has a time marks. they will maybe not be able to make a limit in which that must be filled so I noticed that the chair of the Con- decision. That was not contemplated that democracy can be represented and gressional Black Caucus, Mr. G.K. by the Founders, nor would it have operate in the way our Founders want- BUTTERFIELD, formerly a judge on the been welcomed by the Founders. ed it to operate. Court in North Carolina, is here. Shamefully, Senate Republicans have When the President nominates a can- Mr. Speaker, I want to first say that said they have no intention of even didate to the Court, the Senate, in my I thank the Congressional Black Cau- meeting with a nominee put forward by view, Mr. Speaker, has a responsibility cus for sponsoring this Special Order. President Obama. That is not only dis- under the Constitution to give that I want to tell every Member, and all respectful of the President of the nominee every due consideration. They Americans ought to know, this is not United States, Barack Obama, but it is do not have a constitutional responsi- an issue related to one group, to one contrary to the best interest of the Su- bility to approve it, as Mr. SCOTT has gender, to one race, to one nationality. preme Court, but more importantly, to pointed out, but they have a responsi- The failure to fill the vacancy on the the people of this country. bility to consider it. Supreme Court will affect every Amer- It is appalling that Republicans We must not allow politics, we must ican. So we rise tonight to ask the Sen- would prefer to leave a vacancy on the not allow politics, we must not allow ate to do its duty. Supreme Court, thereby rendering it in politics to allow the obstruction of this Mr. Speaker, I am pleased to be here some cases unable to make a decision, most essential institution of our de- on the floor this evening with my dis- unable to perform its duties of being mocracy and the rule of law. tinguished colleagues from the Con- the final arbiter when circuits may dif- I want to thank my friends in the gressional Black Caucus for this Spe- fer on an issue. Congressional Black Caucus for leading cial Order. If Members of one party or another this Special Order and for their efforts The Supreme Court now has a va- were simply to ignore the other side to hold Senate Republicans account- cancy, as everyone knows, that must and refuse to carry out their duties able for their blatantly irresponsible be filled. The American people deserve within a divided government, our de- action on this matter. Mr. Speaker, there is always another a Supreme Court operating at full mocracy would break down, and in election. It may be 2 years away, it strength. some respects it has. Mr. Speaker, I am old enough to have We ought not to carry that conduct may be 4 years away, but if we adopt been alive at the time that John Ken- to the Supreme Court. We must not let the principle that if we don’t think we nedy was assassinated. Within hours of that happen and we must not allow this can win now, we will obstruct now and his death, we swore in Lyndon Johnson Supreme Court vacancy to remain un- hope to win later, America and Ameri- as President of the United States be- filled. cans will not be well-served. I thank my friend for yielding. The Court currently has a number, as cause we wanted to make sure that Mr. JEFFRIES. Mr. Speaker, I thank the gentleman from New York has there was a continuity of service. As the distinguished Democratic whip for pointed out, of major cases pending sad and as tragic as those hours were, a very insightful and powerful observa- that require a decision; not to be re- the responsibility of having a President tion, for pointing that the very fabric manded to a lower court, because if of the United States was met within of the United States Constitution is that is done, that judgment may stand just a few hours. threatened by the willingness of Senate Mr. Speaker, when a vacancy occurs for that circuit, but there will be other Republicans to abdicate their legisla- in this House—and there are, after all, circuits around the country who may tive responsibilities to hold hearings 434 of us left when that happens—the make a different decision. and act on a nomination put forth by State laws put a time limit on the Gov- Mr. Speaker, the Supreme Court has the President of the United States of ernors’ action to call an election so been a powerful safeguard of Ameri- America. that that vacancy can be filled. can’s liberty and equality over the past Why? century and beyond. b 1945 Because the Constitution of those From recognizing the right of every It is now my great honor and privi- States do not want to have a vacancy child to attend desegregated schools, to lege to yield to the distinguished chair- exist for very long and have their State protecting every loving couple who man of the Congressional Black Cau- or their district not represented. wishes to marry, the Court has cus, as was pointed out by Mr. HOYER, Now, there is not a time limit with breathed life into the words of our Dec- a former prominent member of the respect to the Supreme Court, per se. laration of Independence that all are North Carolina judiciary, a legal schol- And the reason for that, of course, is ‘‘created equal, and they are endowed ar, a historian, and, of course, the lead- the process, as Mr. SCOTT just pointed by their Creator,’’ not by us, not by the er of the conscience of the Congress out, sometimes take a little longer, Constitution, ‘‘by their Creator with here in the United States House of Rep- sometimes takes a little shorter. certain unalienable rights.’’ resentatives. But in 7 months, as the gentleman That may be self-evident, Mr. Speak- Mr. Speaker, I yield to the chairman, pointed out, they had three nominees er, but it is not self-executed. And we G.K. BUTTERFIELD. considered. Two were defeated after de- have established the Supreme Court of Mr. BUTTERFIELD. Mr. Speaker, let bate and a vote, and the third was con- the United States to make a decision me begin tonight by thanking the gen- firmed. The process worked, and it so that that can be realized. tleman, Mr. JEFFRIES, for yielding to

VerDate Sep 11 2014 03:15 Mar 01, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K29FE7.055 H29FEPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1040 CONGRESSIONAL RECORD — HOUSE February 29, 2016 me this evening and to thank him for I hope they meet. I hope they sit to- Sadly, these Senate Republicans said his extraordinary friendship and lead- gether and reconcile their differences ‘‘no’’ to their constitutional responsi- ership in the Congressional Black Cau- because this issue needs to be put to bility. The Supreme Court has a huge cus. rest. We call on Senate Republicans to responsibility of deciding cases that I want to publicly thank you for hold hearings once President Obama impact every aspect of American life, coming to my district this past week- submits his nomination and follow the from our elections, college admissions, end. You spoke—some would say you procedures set forth in the Constitu- to scientific patents and a woman’s preached—at Mount Vernon Baptist tion. right to make her own healthcare deci- Church in Durham, North Carolina, In short and in closing, the Congres- sions. It is imperative that the Su- and I thank you so very much for the sional Black Caucus, the 45, 46 mem- preme Court be allowed to function in message that you brought to my con- bers of the Congressional Black Cau- its full capacity with nine Justices. stituents in North Carolina. cus—and, indeed, the American peo- Former Supreme Court Justice San- Mr. Speaker, moments after the ple—have one message—one message— dra Day O’Connor, who was appointed death of Justice Scalia, the majority for Senate Republicans: Do your job. by a conservative President, President leader of the United States Senate an- Don’t play partisanship. Don’t play a Ronald Reagan, did not mince words in nounced to the country in a tone of de- partisan game with the Supreme Court her condemnation of Republicans play- fiance that the Senate will not con- of the United States of America. It is ing politics with the Court. She said: sider any nomination—any nomina- too serious. It is too important. ‘‘We need somebody in there to do the tion—of President Barack Obama to re- Thank you very much, Mr. JEFFRIES. job and just get on with it.’’ place Justice Scalia. Mr. Speaker, the Mr. JEFFRIES. I thank the distin- Former Justice O’Connor, I could not American people can see right through guished chair for pointing out that this agree more. this. is a simple question for Senate Repub- Despite the calls for action and a Though I represent a Democratic- licans: Do your job consistent with constitutional mandate, Senate Major- leaning district in North Carolina, I your obligations and responsibilities ity Leader MITCH MCCONNELL of Ken- represent many Republicans in North under Article II, section 2 of the United tucky has said that there will be no Carolina. Many of them have told me States Constitution. hearings, no votes, not even a meeting how disappointed they are with the The Senate Republicans’ failure to with President Obama to discuss the Senate Republican leadership in mak- act or consider any nominee put forth late Justice Scalia’s replacement. ing this announcement. Senator by the President of the United States That is just wrong. His actions MCCONNELL is reinforcing the Repub- of America is an abdication of responsi- prompted The New York Times to edi- lican political agenda to disrupt—to bility, a dereliction of duty, and it torialize that he ‘‘seems to have lost disrupt—governmental functions when would be a stunning act of legislative touch with reality and the Constitu- the circumstances do not line up with malpractice that undermines the rule tion,’’ speaking of Majority Leader their conservative philosophy. of law, the Presidency, the Supreme MITCH MCCONNELL. It is imperative that we have nine Court, the United States Constitution, Mr. Speaker, I include in the RECORD members of the U.S. Supreme Court de- as well as the American people. a couple of New York Times articles. ciding constitutional issues that are I am thankful now to be joined by [From the New York Times, Feb. 17, 2016] important to the American people. The someone who is a powerful voice for BLACKS SEE BIAS IN DELAY ON A SCALIA irony in all of this is that my Repub- the voiceless here in the House of Rep- SUCCESSOR lican friends constantly on this floor resentatives, who has ably served her (By Maggie Haberman and Jonathan Martin) talk about strict construction of the constituents in northern California and CHARLESTON, SC.—As he left Martha Lou’s Constitution. A strict construction of consistently fought for a fair, equitable Kitchen, a soul food institution here on the Constitution, as Mr. HOYER said a society. Let me now yield to my good Wednesday, Edward Gadsden expressed irri- moment ago, requires the President to friend, the distinguished gentlewoman tation about the Republican determination nominate an individual once there is a from California, Representative BAR- to block President Obama from selecting vacancy on the Court. The Senate, the BARA LEE. Justice Antonin Scalia’s replacement on the United States Senate, has the awesome Ms. LEE. Mr. Speaker, let me thank Supreme Court. responsibility of having a hearing, de- the gentleman from New York for ‘‘They’ve been fighting that man since he’s ciding, and confirming the nomination yielding, but also for his tremendous been there,’’ Mr. Gadsden, who is African- American, said of Mr. Obama, before point- by an up-or-down vote. So it is absurd leadership. ing at his forearm to explain what he said to suggest that President Obama You and Congresswoman JOYCE was driving the Republican opposition: ‘‘The should be denied the opportunity to BEATTY from Ohio really have sounded color of his skin, that’s all, the color of his nominate a qualified Justice to replace the alarm, beat the drum, and really skin.’’ Justice Scalia. brought to the American people the When Senator Mitch McConnell of Ken- The American people should clearly important issues that we are dealing tucky, the majority leader, said after Mr. understand that Senate Republicans with each and every day, so I just have Scalia’s death on Saturday that the next have a political agenda to pack the to thank you for your diligence and for president, rather than Mr. Obama, should se- lect a successor, the senator’s words struck a Court with conservative Justices who staying the course. Every week you are familiar and painful chord with many black would reverse years of commonsense here, you are representing not only voters. progressive jurisprudence. So the Con- this Congress, but the country very, After years of watching political opponents gressional Black Caucus tonight de- very well. So thank you. question the president’s birthplace and his mands Senate Republicans to stop the Mr. Speaker, I rise today with all my faith, and hearing a member of Congress complete blockade and the blatant dis- colleagues from the Congressional shout ‘‘You lie!’’ at him from the House respect of our President. Black Caucus, with our whip, Mr. floor, some African-Americans saw the move by Senate Republicans as another attempt to Senate Republicans’ outright refusal HOYER, and others to urge our Repub- lican colleagues in the Senate to, of deny the legitimacy of the country’s first to hold a hearing on any individual black president. And they call it increas- nominated by the President to serve on course, do your job. ingly infuriating after Mr. Obama has spent the Court is an affront to our Constitu- Also, let me just remind us, once seven years in the White House and won two tion and the American people. Such di- again, the President is trying to meet resounding election victories. visive actions undermine our democ- his constitutional obligation once ‘‘Our president, the president of the United racy and reduce our standing in the again. He is trying to do what he is States, has been disrespected from Day 1,’’ world. This blockade is an obstruction supposed to do, and that is to nominate Carol Richardson, 61, said on Wednesday as and runs afoul of the duties held by Justice Scalia’s replacement to our Na- she colored a customer’s hair at Ultra Beau- tion’s highest Court. And Senate Re- ty Saloh in Hollywood, S.C., a mostly black those who hold a seat in the august town near Charleston. ‘‘The words that have Chamber of the United States Senate. publicans have a constitutional respon- been said, the things the Republicans have I have read that Senator GRASSLEY, sibility to give the President’s nominee done they’d have never have done to another Senator MCCONNELL, and others will a speedy and fair hearing, followed up president. Let’s talk like it is, it’s because of meet with President Obama this week. with a simple up-or-down vote. his skin color.’’

VerDate Sep 11 2014 04:31 Mar 01, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K29FE7.057 H29FEPT1 emcdonald on DSK67QTVN1PROD with HOUSE February 29, 2016 CONGRESSIONAL RECORD — HOUSE H1041 Reflecting on the Supreme Court vacancy, thority,’’ Mr. Butterfield said. ‘‘This is just into another bitter and avoidable struggle, Bakari Sellers, a former state representative really extreme, and leads me to the conclu- that is his right. Even if he never expects from Denmark, S.C., likened the Senate sion that if this was any other president who that nominee to actually be confirmed but treatment of the president to the 18th cen- was not African-American, it would not have rather to wield as an electoral cudgel, that is tury constitutional compromise that count- been handled this way.’’ his right.’’ ed black men as equivalent to three-fifths of Even as Mr. Obama’s popularity has risen Senator John Cornyn of Texas, the major- a person. and fallen, his base of support among black ity whip, said, ‘‘We believe the American ‘‘I guess many of them are using this in the voters has been unshakable. A Gallup track- people need to decide who is going to make strictest construction that Barack Obama’s ing poll this month showed that some 85 per- this appointment rather than a lame-duck serving three-fifths of a term or he’s three- cent of African-Americans approved of the president.’’ fifths of a human being, so he doesn’t get to president’s performance compared with only These statements are so twisted that it’s make this choice,’’ Mr. Sellers said. ‘‘It’s in- 36 percent of whites. And many African- hard to know where to begin. Let’s take furiating.’’ Americans strongly identify personally with them one by one. The anger and outrage that Mr. McCon- Mr. Obama, and have watched his tenure First, Mr. Obama is not a ‘‘lame-duck nell’s position has touched off among Afri- with pride. president.’’ The lame-duck period is broadly can-Americans could have implications for Mr. Butterfield said that he believed that understood to run from after the November the presidential election. Leading African- the effort to undermine, and even election until a new president is inaugurated American Democrats are trying to use it to delegitimize, Mr. Obama began soon after he in January. November is more than eight motivate rank-and-file blacks to vote in No- was sworn in, and that Congressional Repub- months off. Based on the average number of vember, the first presidential election in a licans had blocked Mr. Obama’s agenda days it has taken the Senate to act on pre- decade in which Mr. Obama will not be on wherever they could. Even more stinging vious Supreme Court nominees, the seat the ballot and in which Democrats fear black were the suggestions from some on the right could be filled by this spring. Second, no matter how often Republicans participation could drop. that Mr. Obama, a Christian, is actually a repeat the phrase ‘‘let the people decide,’’ ‘‘Anger becomes action when it’s directly Muslim and that he was not born in the that’s not how the system works. The Con- tied to a moment, and the moment now is United States. stitution vests the power to make nomina- the election on Nov. 8,’’ said Stacey Abrams, In interviews, members of the Congres- tions to the court in the president, not ‘‘the a Democratic state representative from sional Black Caucus also bitterly recounted people.’’ In any case, the people have already Georgia and the House minority leader indignities, such as demands—most point- decided who should make this appointment: there, adding that Mr. Scalia’s death meant edly from the current Republican front-run- They elected Mr. Obama twice, by large mar- that this presidential campaign could no ner in the polls, Donald J. Trump, in 2011— gins. longer be construed as a mere ‘‘thought exer- that Mr. Obama prove he was born in Hawaii, Third, it is preposterous to accuse Mr. cise.’’ and not in Kenya, as some critics claimed. Obama of causing a ‘‘bitter struggle’’ by For Hillary Clinton, who is increasingly re- Others recalled the calls to impeach Mr. nominating someone who will not be con- lying on nonwhite voters to ensure her suc- Obama over his use of executive authority. firmed. The only reason a nominee would not cess against Senator Bernie Sanders of ‘‘You hear the thing about: ‘He’s not a cit- be confirmed is that the Senate has pre- Vermont, the court issue could be especially izen. He oversteps his bounds. He’s divisive.’ emptively decided to block any nominee crucial. Should she defeat Mr. Sanders, who One thing after another,’’ said Representa- sight unseen. Mr. Obama is once again the has electrified many liberals, she will need a tive Marcia L. Fudge, Democrat of Ohio. only adult in the room, carrying out his con- motivating issue to bring Mr. Obama’s loyal- ‘‘This has been going on since the day he was stitutional obligation while Senate Repub- ists to the polls. She moved swiftly Tuesday elected in 2008.’’ licans scramble to dig up examples of Demo- to tap into the anger of blacks over the oppo- Republicans have had more success than crats trying to block nominees. But those sition of Senate Republicans to Mr. Obama’s Democrats in recent decades galvanizing examples show only that Democratic sen- naming a replacement for Justice Scalia. their voters over who should control the ators have pushed hard for Republican presi- ‘‘Now the Republicans say they’ll reject courts. But Jennifer McClellan, a member of dents to pick ideologically moderate nomi- anyone President Obama nominates no mat- the Virginia House of Delegates and the nees. Until now, neither party has ever ter how qualified,’’ Mrs. Clinton said in re- Democratic National Committee, said the vowed to shut down the nomination process marks before a predominantly black audi- dispute over how to replace Justice Scalia entirely, even before it has begun. ence in Harlem. ‘‘Some are even saying he could now become ‘‘an issue for the average Only two Republican senators, Mark Kirk doesn’t have the right to nominate anyone! citizen.’’ of Illinois and Susan Collins of Maine, were As if somehow he’s not the real president.’’ Ms. Abrams agreed, saying the Supreme brave enough to say that they would vote on Doing so, Mrs. Clinton added, is in keeping Court and its powerful influence on people’s President Obama’s nominee. This is what with a longstanding pattern of mistreat- lives is especially resonant with blacks. passes for moderation in today’s G.O.P.: sim- ment. ‘‘Congress is denying our president his rights ply stating a willingness to do the job you ‘‘They demonize President Obama and en- as a president, but, more than that, they’re were elected to do. courage the ugliest impulses of the paranoid denying the legacy of his presidency,’’ she Unfortunately, for too many Republicans fringe,’’ she said. ‘‘This kind of hatred and said. ‘‘That will animate Democratic voters moderation now equals apostasy. These Re- bigotry has no place in our politics or our across the board but especially African- publicans have stubbornly parked them- country.’’ Americans, who realize more than many vot- selves so far to the right for so many years Republicans are especially sensitive about ers how great an impact the Supreme Court that it is hard to tell whether they can hear the notion that they are diminishing Mr. can have on freedom.’’ how deranged they sound. Obama because of his race, and spokesmen The truth is they are afraid—and they for several Republican senators, including [From the New York Times, Feb. 24, 2016] should be. They know Mr. Obama has a large Mr. McConnell and Senator Tim Scott of SENATE REPUBLICANS LOSE THEIR MINDS ON A pool of extremely smart and thoroughly South Carolina, declined to comment or SUPREME COURT SEAT mainstream candidates from which to choose would not make the senators available for (By the Editorial Board) a nominee. They know that if the American comment. people were allowed to hear such a person Following the death of Justice Antonin The suggestion that racism is playing a answer questions in a Senate hearing, they Scalia, Senate Republicans apparently be- role angers Mr. McConnell’s friends, who would wonder what all the fuss was about. point out that his formative political experi- lieve they can profit by creating a political So Mr. McConnell and his colleagues plan ence was working for a Republican senator crisis that the nation has never seen before. to shut their doors, plug their ears and hope who supported civil rights, that he helped On Tuesday, the leadership doubled down on the public doesn’t notice. The Republican override President Ronald Reagan’s veto of its refusal to take any action on any nomi- spin machine is working overtime to ration- sanctions against the apartheid government nee from President Obama to replace Justice alize this behavior. Don’t be fooled. It is in South Africa and that he is married to an Scalia. panic masquerading as strength. Asian-American woman. Senator Mitch McConnell of Kentucky, the But in the aftermath of Mr. McConnell’s majority leader who seems to have lost Ms. LEE. One of the titles of these statement on Saturday, a growing chorus of touch with reality and the Constitution, ac- articles is ‘‘Blacks See Bias in Delay black voices is complaining that such a re- cused Mr. Obama of plunging the nation into on a Scalia Successor.’’ The other is fusal to even consider a Supreme Court a ‘‘bitter and avoidable struggle’’ should he The New York Times article, ‘‘Senate nominee would never occur with a white name anyone to the court. Republicans Lose Their Minds on a Su- president. Forget an up-or-down vote on the Senate preme Court Seat.’’ ‘‘It’s more than a political motive—it has floor. Top Republicans are pledging not to Likewise, Judiciary Committee Chair a smell of racism,’’ said Representative G. K. hold hearings or even to meet with a nomi- CHARLES GRASSLEY of Iowa led a letter Butterfield, Democrat of North Carolina, the nee. chairman of the Congressional Black Caucus. In a statement dripping with sarcasm, Mr. to the majority leader signed by all the ‘‘I can tick instance after instance over the McConnell said that Mr. Obama ‘‘has every Republican Committee members con- last seven years where Republicans have pur- right to nominate someone,’’ and ‘‘even if firming their resolve to not have hear- posely tried to diminish the president’s au- doing so will inevitably plunge our nation ings or a vote on the nominee.

VerDate Sep 11 2014 03:15 Mar 01, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A29FE7.033 H29FEPT1 emcdonald on DSK67QTVN1PROD with HOUSE H1042 CONGRESSIONAL RECORD — HOUSE February 29, 2016 This is downright ludicrous. Repub- upon, if you might, a few comments an election year. When I think about licans cannot and should not use the that could shed light on the situation your question and I think about your Supreme Court to push their radical we find ourselves in right now as it re- sharing with us some of the comments political agenda. lates to the Supreme Court vacancy that Senate Majority Leader MITCH The Constitution is clear, Mr. Speak- made by Senate Majority Leader MITCH MCCONNELL has said, let me add this er. Article II, section 2, ‘‘He shall have MCCONNELL over the years during his one to the RECORD. And it is something power, by and with the advice and con- time here in Congress. he got right. sent of the Senate . . . shall appoint In 1986, MITCH MCCONNELL said: ‘‘I be- He said that the American people ambassadors, other public ministers lieve that a heavy burden must be met should have the right to choose the and consuls, Judges of the Supreme by those who would have this nominee President who will pick the next Su- Court.’’ rejected. Under the Constitution, our preme Court Justice deciding the fu- Nowhere in the Constitution does it duty is to provide advice and consent ture balance of the Nation’s highest say, ‘‘except in an election year’’ or to judicial nominations, not to sub- court. Well, he got that right. Because ‘‘except when the President is a Demo- stitute our judgment for what are rea- you know what. The people did pick crat’’ or ‘‘when Republicans have spent sonable views for a judicial nominee to the President when they picked Presi- the last 7 years actively working to hold.’’ That was in 1986. dent Barack Obama in 2012, who won subvert every policy proposed by a Then in 1990, he said: ‘‘It is clear the election by 5 million votes. under our form of government that the President elected by nearly 70 million I am calling on him and the Senate advice and consent role of the Senate Americans.’’ The Constitution doesn’t Republicans to do their job, to allow in judicial nominations should not be say that. This is simply unacceptable, the President to do what the Constitu- politicized.’’ That was MITCH MCCON- and the American people deserve bet- tion tells us, to allow the President, NELL in 1990. ter. who has already said that he is going For more than a century, every sin- In 2005, he said: ‘‘Our job is to react to that nomination in a respectful and to bring somebody who is full of schol- gle Supreme Court nominee has re- arship, he is going to bring someone ceived a vote on the floor of the United dignified way, and at the end of the process, to give that person an up-or- who is committed and capable to doing States Senate. Just like all the Presi- the people’s work—I wanted to add dents before him, President Obama down vote as all nominees who have majority support have gotten through- that to your statement and share with should nominate a Supreme Court Jus- everyone tonight that is why we are tice, and the Senate should determine out the history of the country.’’ I am trying to figure out what has here. if he or she is fit to serve on this Na- changed, Representative BEATTY. Mr. JEFFRIES. I really appreciate tion’s High Court. Mrs. BEATTY. Thank you so much, that. Instead, Republicans are holding the Congressman JEFFRIES. As we are simply trying to point out, Supreme Court and the American peo- Hearing you quote those things, all we are asking for is for the Senate ple hostage. three things come to mind. First, let to adhere to its constitutional respon- Their action, in the words of The me say that Congressman STENY HOYER sibilities and, when the President sends New York Times, is simply, ‘‘panic was absolutely right when he says that forth a nominee, to conduct a rigorous masquerading as strength.’’ The Senate this issue of not filling the vacancy is hearing process before the American has a responsibility to at least consider not related to only one group. So I people and then, at the end of that the President’s Supreme Court nomi- want to say, after hearing what you process, provide that nominee with an nee, and by refusing to do so, they are said and many others of our members up-or-down vote before the Judiciary failing their constituents and their Na- of the Congressional Black Caucus, it Committee and then, ultimately, the tion. is important for us to know why we are floor of the United States Senate. So, Mr. Speaker, it is really past calling on the Senate Republicans to Now, I have been in this institution time for Majority Leader MCCONNELL do their job, and that is because we are for a little over 3 years. If I had a dol- and the rest of the Republican leader- the voice for those who are not often lar for every time some of my col- ship to do their jobs and work together represented. We are the voice for those leagues mentioned strict adherence to to get a new Supreme Court Justice. when you talk about issues related to the United States Constitution, I The Supreme Court is way too impor- women and women’s rights, when you would be a billionaire right now. For tant to be used as a political bar- talk about issues that are related to the life of me, I can’t understand what gaining chip. Enough is enough. things that affect you and me, and So, once again, I join my colleagues, is so complicated about this particular when you talk about the article that issue. Congressman JEFFRIES, Congress- Congresswoman BARBARA LEE entered woman BEATTY, members of the Con- As Representative BEATTY so ably into the RECORD, ‘‘Blacks See Bias in pointed out, from this moment, there gressional Black Caucus, and the Delay on a Scalia Successor.’’ American people in saying, ‘‘Do your are 325 days remaining in the Presi- Now, that article says it all. That ar- dency of Barack Obama. job.’’ ticle specifically states that many Once again, thank you for giving me As this chart illustrates, if you just folks believe, in this wonderful Amer- take a look at the current occupants of the opportunity to join with you to- ica that we live in, that it is also be- night. the Supreme Court, Justice Roberts, cause of the color of his skin. I think the Chief Justice, the most important Mr. JEFFRIES. I thank the distin- that is another reason that we come as guished gentlewoman from California position on the Supreme Court, a 23- a strong 46 members of the Congres- day confirmation process; Justice for making several important points as sional Black Caucus, because the facts it relates to the absence of any par- Scalia, confirmed in 85 days; Justice work against them. Kagan, 87 days; Justice Sotomayor, 66 tisanship exception in the United Think about it. When we look at the days; Justice Ruth Bader Ginsburg, States Constitution, the absence of any number of people who have been ap- a/k/a the notorious RBG—one of my exception whereby the Senate will do pointed, when we look at the number of personal favorites—50 days; Justice its job unless, of course, President days, if you look at since 1975, it has Clarence Thomas, 99 days. Barack Obama happens to occupy 1600 only taken an average of 67 days to You can add some of these confirma- Pennsylvania Avenue. I see that no- confirm a President’s nominee to the tion periods together and you still where within the four corners of the Supreme Court. The Senate has never wouldn’t get to 325. So what is the United States Constitution. I don’t see taken more than 125 days to vote on a problem? an election year exception in the Supreme Court nominee, and there are United States Constitution. So I am 325 days left in President Obama’s Mr. Speaker, how much time do I perplexed as to what is the situation term. have remaining on my Special Order we find ourselves in right now. today? I thought that I may ask the distin- b 2000 The SPEAKER pro tempore. The gen- guished gentlewoman, my colleague, Since the early 1900s, six Supreme tleman from New York has 12 minutes my coanchor from Ohio, to reflect Court Justices have been confirmed in remaining.

VerDate Sep 11 2014 03:15 Mar 01, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K29FE7.059 H29FEPT1 emcdonald on DSK67QTVN1PROD with HOUSE February 29, 2016 CONGRESSIONAL RECORD — HOUSE H1043 GENERAL LEAVE All we are asking is that they just do Caucus, not only the Members of Con- Mr. JEFFRIES. Mr. Speaker, I ask their job. It is pretty simple. Give who- gress, not only the Members of the unanimous consent that all Members ever the President puts forth a fair Senate, but they have an obligation to may have 5 legislative days in which to hearing. They have the votes to defeat America, to the citizens of these revise and extend their remarks and in- any of his nominees. United States, Mr. Speaker, for them clude any extraneous material on the Let me ask my colleague from Ohio. to tell us why they are not doing their subject of this Special Order. What I haven’t been able to understand job. The SPEAKER pro tempore. Is there is this Justice who I have disagreed Mr. JEFFRIES. I thank the distin- objection to the request of the gen- with on many issues. Although he was guished gentlewoman for those very tleman from New York? strong—Justice Scalia—on the privacy powerful words. I can only hope, as we There was no objection. rights of the American people, the close this Special Order hour, that our Mr. JEFFRIES. Mr. Speaker, one of Fourth Amendment—was concerned colleagues from across this Capitol will the concerns that I think we in the about the criminalization of politics, see fit simply to adhere to their con- Congressional Black Caucus have as it these are areas where there is some stitutional responsibilities to consider relates to the Presidency of President common ground. any nominee put forth by President Obama—and Representative BEATTY And certainly he was a giant in Obama comprehensively and fairly and pointed this out—is that there is a feel- terms of legal thought. The news of his to faithfully execute those obligations ing in many corners of America that demise was barely out for public con- consistent with their oath of office, not this President is treated differently. sumption when MITCH MCCONNELL I am not sure if it is because there for the good of this President, not for issued a statement saying: We are not are some people here in the Capitol the good of this Article I Congress, but considering anyone that President who have something against folks from for the good of the United States of Obama puts forth. Hawaii. I am not sure if it is his Kansas America. How do you explain that? How do you roots. I don’t know if they dislike the I yield back the balance of my time. interpret that reaction? We couldn’t fact that he was a community orga- f even respect the death of Justice nizer in terms of one of the jobs that he Scalia before the vacancy was politi- LEAVE OF ABSENCE held after school. I don’t know if they dislike the fact cized, before he was even buried and By unanimous consent, leave of ab- that he is so well educated from Co- funeralized. sence was granted to: lumbia and Harvard Law Schools. I Mrs. BEATTY. Congressman Mr. CULBERSON (at the request of Mr. don’t know if it is the fact that he was JEFFRIES, I think you answered that MCCARTHY) for today and March 1 on the President of the Harvard Law Re- question for me when you gave the account of district business. view or a constitutional law professor long list of successes that this Presi- Ms. JACKSON LEE (at the request of at the University of Chicago Law dent has done without their help. Ms. PELOSI) for today and March 1 on School, one of the top five law schools That gave me pause to think: What is account of representational duties in in this country. it that is keeping them from doing her congressional district. I don’t really know what it is about their job? Why is it that they are so Ms. EDDIE BERNICE JOHNSON of Texas Barack Obama that they want to treat threatened? (at the request of Ms. PELOSI) for today him differently than almost any other Maybe it is the success that this and March 1. President who has served at 1600 Penn- President has brought forth not for you Mrs. NAPOLITANO (at the request of sylvania Avenue. I am trying to figure and I, not for the 435 Members of us, Ms. PELOSI) for today through March 4. it out. What is it about Barack Obama but he has done this for this Nation. He f has made it a better place. that he has to be treated with such dis- ADJOURNMENT respect? When we look at what the Justices The amazing thing to me is that they do and represent, when we think about Mr. JEFFRIES. Mr. Speaker, I move have actually failed to stop this Presi- liberties and freedoms and the econ- that the House do now adjourn. dent. They gave him no assistance as it omy and our rights, I think they are The motion was agreed to; accord- relates to trying to turn the economy afraid that he will appoint someone ingly (at 8 o’clock and 12 minutes around. who will have that same scholarship, p.m.), under its previous order, the He inherited a train wreck from who will have that same success, some- House adjourned until tomorrow, Tues- George W. Bush and has gotten the one who will bring balance. I think day, March 1, 2016, at 10 a.m. for morn- economy back on track. Not a single they are afraid of the balance. ing-hour debate. Member from the other side of the aisle In the words of another one of our f voted for the stimulus package, which colleagues, I might add, from the great EXECUTIVE COMMUNICATIONS, was necessary to stabilize the economy State of Ohio, Congresswoman MARCIA ETC. and then build it up. FUDGE, former chair of the Congres- There was 71 consecutive months of sional Black Caucus—she has words Under clause 2 of rule XIV, executive private sector job creation, and 14 mil- that she is entering, but I would like to communications were taken from the lion-plus private sector jobs were cre- quote from her words to remind us why Speaker’s table and referred as follows: ated under this Presidency. The unem- we are saying: Senate Republicans, do 4494. A letter from the Acting Principal ployment rate has gone from over 10 your job. Deputy for the Under Secretary, Personnel percent to under 5 percent. The stock She reminds us, as Members of Con- and Readiness, Department of Defense, market has gone from 6,000 to over gress, we made a promise to our con- transmitting a letter authorizing ten officers 16,000. stituents that we would faithfully dis- to wear the insignia of the grade of major The deficit has been reduced by more charge the duties and the oath of office general or brigadier general, as indicated, which we took, which we were elected pursuant to 10 U.S.C. 777(b)(3)(B); Public Law than $1 trillion. Gas prices are below $2 104-106, Sec. 503(a)(1) (as added by Public Law per gallon. More than 18 million pre- to. She reminded me in her words that 108-136, Sec. 509(a)(3)); (117 Stat. 1458); to the viously uninsured Americans now have it is so important for us to say tonight Committee on Armed Services. health coverage. to the Senate: Do your job. Do your 4495. A letter from the Acting Principal Not a single one of those accomplish- job. Deputy for the Under Secretary, Personnel ments occurred with a vote from the I think they are afraid. So I am going and Readiness, Department of Defense, other side of the aisle. What is it about to issue a challenge. Congresswoman transmitting a letter authorizing Colonel this President that they don’t like? BARBARA LEE said that you are here to- Paul H. Pardew, United States Army, to Now, in his final term—and, by the night initiating this topic because we wear the insignia of the grade of brigadier way, speaking to strict construc- are sounding the alarm, we are ringing general, pursuant to 10 U.S.C. 777(b)(3)(B); Public Law 104-106, Sec. 503(a)(1) (as added by tionists—when you look at the United the bell. Public Law 108-136, Sec. 509(a)(3)); (117 Stat. States Constitution, I can’t find a 3- I challenge them to answer that 1458); to the Committee on Armed Services. year term. I can’t find it. It is a 4-year question. I challenge them to share 4496. A letter from the Acting Principal term with 325 days left. with not only the Congressional Black Deputy for the Under Secretary, Personnel

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