Congressional Record—Senate S6471
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6471 Unfortunately, we are now at a point I yield back my time. ances, they did not envision a sham where this program has been tapped The PRESIDING OFFICER. The Sen- confirmation process for judicial nomi- out. Why? Because the $44 billion that ator from Delaware. nees. But as much as I hate to say it, was set aside in the Disaster Relief NOMINATION OF AMY CONEY BARRETT that is what this one has been, pure Fund is gone, leaving $25 billion to deal Mr. CARPER. Mr. President, I rise and simple. This entire process has be- with natural disasters, which is what this afternoon to share with you and come an exercise in raw political the Disaster Relief Fund is intended to our colleagues some of my thoughts power, not the deliberative, non- do. And they need that money. We concerning the nomination of Judge partisan process that our Founders en- shouldn’t use any more of that. So we Amy Coney Barrett to serve as an As- visioned. are back to square one. sociate Justice of the Supreme Court of Frankly, it has been a process that I People who have had unemployment these United States. could never have imagined 20 years ago insurance since the disaster began be- I believe it was Winston Churchill when I was first elected to serve with cause they might work in hospitality, who once said these words: ‘‘The fur- my colleagues here. Over those 20 entertainment, travel, some businesses ther back we look, the further forward years, I have risen on six previous oc- where they can’t go back—a lot of we see.’’ So let me begin today by look- casions to offer remarks regarding those folks now are seeing just a State ing back in time—way back in time. nominees to the Supreme Court as we benefit or no benefit. More than 230 years ago, during the considered the nominations of Chief The Republican proposal actually Constitutional Convention in Philadel- Justice Roberts, Justice Alito, Justice had a long-term solution by providing phia, just up the road from my family’s Sotomayor, Justice Kagan, Justice $300 per week through December 27— home in Wilmington, DE, our Founders Gorsuch, and Justice Kavanaugh. basically, through the end of the year. debated at great length on how to cre- One name not mentioned among the That was in the package that was just ate a different kind of government—an six I have just listed is that of Judge voted down. So Democrats, who say experiment, if you will, in which a na- Merrick Garland. After being nomi- they want $600, voted down $300 be- tion’s citizens would elect their own nated by President Clinton to serve on cause it wasn’t enough. Well, somebody leaders, and a system of checks and the DC Circuit Court of Appeals—that who is on unemployment is probably balances would ensure that country is the top appellate court in the coun- wondering: Why not just compromise would never—never—be led by a ty- try—and confirmed by a Republican-led and at least get me the $300 so that I rant. Senate with a bipartisan margin of can pay my rent, I can pay my car pay- Among the most contentious issues more than 3 to 1—76 to 23, in fact— ment, I can make ends meet, even they debated during that summer of Judge Garland has served with distinc- though I can’t go back to my job? 1787 in the City of Brotherly Love was tion on our top appellate court since So if nothing else comes out of these the creation of a Federal judiciary. Our 1997, including for many years as its coronavirus negotiations, let’s at least Founders disagreed, oftentimes strong- chief judge. provide more funding for the Disaster ly, about what our judicial system President Obama later nominated Relief Fund so that we can continue to should look like and how judges should him to serve on the Supreme Court 237 respond at the executive branch level. be selected: Who would nominate days before election day in 2016—237 If Congress can’t get its act together, them? Who would confirm them? Would days before election day. at least continue the $300 through the they serve one term, multiple terms, or By submitting the name of Judge way the administration was doing it would their appointments be lifetime Garland to the U.S. Senate for consid- for 6 weeks. We have proposed legisla- in nature? eration 4 years ago, President Obama, tion to do just that, replenishing the When the Framers appeared to be who was twice elected by clear margins Disaster Relief Fund so that this vital hopelessly deadlocked, members of the in both the popular vote and the elec- unemployment insurance supplement clergy were brought in to pray that toral college, nominated a man who can continue that the administration God would provide the leaders with the spent his entire 20-year career as a had in place. wisdom to break the impasse. judge working to build consensus and If we can’t pass a bigger package, In the end, it apparently worked, and find principled compromises. Yet we why can’t we just pass that? Why can’t our Founding Founders ended up never got a chance to consider Judge we just pass PPP? Why can’t we just adopting a compromise very similar to Garland’s nomination to serve on the pass something for testing? Why can’t one they had rejected just a few weeks Supreme Court on this Senate floor. we just pass something to ensure that earlier; namely, the President would Judge Garland wasn’t given a vote ei- we are helping right now during this nominate judges to serve lifetime ap- ther in committee or here in the U.S. crisis? pointments with the advice and con- Senate. Judge Garland wasn’t given a The bottom line is that there is still sent of the Senate. hearing. Most of our Republican col- a lot for Congress to do to help lead the Not surprisingly, almost 240 years leagues wouldn’t even meet with him, country through this coronavirus crisis later, we are still sparring over what even though many of them had voted we find ourselves in. Between bol- those words should mean. earlier to confirm him to, again, serve stering our healthcare response, pro- Having said that, the blueprint that on the top appellate Court of our land. moting a stronger and more equitable was drafted that year and later ratified Judge Garland’s nomination lan- economic recovery, getting the nec- by the 13 States would go on to become guished for 293 shameful days. A great essary funding to our schools, pro- the most enduring and replicated Con- many Americans believe that it is the viding that flexibility I talked about stitution in the history of the world. equivalent of stealing a Supreme Court earlier to governments, ensuring that Among our most important sworn seat. A good man—a very good man— our constituents can make ends meet duties here in the U.S. Senate is to act was treated badly and so, too, was our as they deal with sudden unemploy- as caretakers of that Constitution and Constitution. ment and other challenges, we have a the rights it provides for our citizens Still, many of our Republican col- lot of opportunities to help our country while protecting this unique system of leagues assured us that if the tables weather the storm of this pandemic. checks and balances that provide the were turned later on, they would hold I hope things will change soon. foundation on which our democracy is themselves to the same standard and Maybe it will change on the election. built. only allow the next President to fill Maybe after the election there will be a That brings us to the present. This the Supreme Court seat should a va- different attitude. I hope so. I hope past week, Republican Members of the cancy occur during an election year. that at least in the lameduck session of Senate Judiciary Committee voted to Then, on September 18, 2020, Justice Congress, if we can’t get our act to- advance Judge Barrett’s nomination to Ruth Bader Ginsburg passed away, 46 gether this week, we can figure out the floor of the Senate, but they have days before a Presidential election. how to recapture that spirit of biparti- done so, I fear, at great cost to this And with her death, most of our Repub- sanship we saw this spring, to nego- body and quite possibly to our democ- lican colleagues changed their tune al- tiate in good faith, come to an agree- racy. most overnight. ment—and fast. Our constituents need When our Founders carefully de- Today, with more than 220,000 Ameri- it. Let’s get it done. signed our system of checks and bal- cans dead and more than 8 million VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.263 S25OCPT1 ctelli on DSK11ZRN23PROD with SENATE S6472 CONGRESSIONAL RECORD — SENATE October 25, 2020 Americans infected with the time together for prayer and reflection, The President should exercise restraint coronavirus—not to mention 13 million whether at Prayer Breakfast in the and not name a nominee until after the No- unemployed—we are in the midst of an Capitol or at one of several bipartisan vember election is completed.