S6448 CONGRESSIONAL RECORD — SENATE October 24, 2020 Supreme Court of the United States of Amer- sized role in the selection of judges and jus- (2) JCN pledged to spend $10,000,000 to sup- ica’’; tices of the Supreme Court of the United port President Trump’s nomination of then- Whereas, in 2005 during a speech on the States (referred to in this preamble as the Judge to be an Associate Jus- Senate floor, then-Senator Joe Biden praised ‘‘Supreme Court’’) under President Trump tice of the Supreme Court in 2017; members of the Democrat Party for their and spent millions of anonymous dollars on (3) JCN also spent $10,000,000 to support ‘‘act of courage’’ in opposing the Court-pack- advertising campaigns supporting those se- President Trump’s nomination of then-Judge ing plan of President Roosevelt, which he de- lections; to be an Associate Justice scribed as a ‘‘power grab’’; Whereas the people of the United States of the Supreme Court in 2018; and Whereas, in 2019, the late Justice Ruth have no idea who is funding these campaigns (4) JCN has pledged to spend $10,000,000 to Bader Ginsburg stated, ‘‘I think it was a bad and what business the funders might have support President Trump’s nomination of idea when President Franklin Roosevelt before the courts; Judge to be an Associate tried to pack the Court’’, and that ‘‘if any- Whereas, under President Trump, the Fed- Justice of the Supreme Court; thing would make the Court look partisan, it eralist Society for Law and Public Policy Whereas JCN is a dark money organization would be that’’; Studies (referred to in this preamble as the and does not disclose its funders to the peo- Whereas the Constitution of the United ‘‘’’) has played a central ple of the United States; States is based on the principle of separation role in the selection of President Trump’s ju- Whereas JCN has received multiple mas- of powers to provide for checks and balances dicial nominees, including his 3 nominees to sive contributions from the anonymous do- on each branch of the Federal Government the Supreme Court, for example— nors, specifically— and expanding the Supreme Court of the (1) in 2016, then-candidate Trump said that (1) a $15,881,000 anonymous contribution in United States purely for political advantage all of his judicial selections would ‘‘be hand- tax year 2018; threatens the separation of powers and the picked by Society’’; (2) a $17,100,000 anonymous contribution in system of checks and balances established in (2) in 2017, then-White House Counsel Don tax year 2017; the Constitution of the United States; McGahn boasted that the judicial selection (3) a $21,464,995 anonymous contribution in Whereas the Federal judiciary is insulated process had been ‘‘in-sourced’’ to the Fed- tax year 2016; and from political influence through lifetime ap- eralist Society; (4) a $17,920,000 anonymous contribution in pointments and other measures to preserve (3) Leonard Leo, the Co-Chairman of the tax year 2015; and its independence and an attempt to expand Federalist Society, twice took a leave of ab- Whereas the American people have no idea the Supreme Court of the United States sence from the Federalist Society to work in who made these massive contributions and purely for political purposes threatens the the White House and advise President Trump what business the contributors might have independence and integrity of the Supreme on his Supreme Court nominations; before the courts: Now, therefore, be it Court and, thus, the entirety of the judiciary (4) approximately 86 percent of President Resolved, That it is the sense of the Senate it oversees; and Trump’s Supreme Court and appellate court that— Whereas any attempt to increase the num- nominees have been members of the Fed- (1) fair and impartial courts are a bedrock ber of justices of the Supreme Court of the eralist Society; and of American democracy and crucial to main- United States or ‘‘pack the Court’’ would un- (5) Judge Amy Coney Barret has spoken at taining the faith of the people of the United dermine the democratic institutions and de- 26 Federalist Society events since 2014 and, States in the justice system; stroy the credibility of the highest court in at the time of his confirmation in 2018, Jus- (2) this massive dark money operation to the United States: Now, therefore, be it influence the selection and confirmation of Resolved, That the Senate opposes any at- tice Brett Kavanaugh had spoken at over 50 tempt to increase the number of justices of Federalist Society events; judges and justices creates significant con- the Supreme Court of the United States or Whereas reported flict of interest concerns for the judiciary otherwise pack the Court. that Leonard Leo has helped raise $250,000,000 and undermines the integrity of the courts from mostly anonymous donors to promote and the justice system; and f conservative legal causes and judges; (3) the people of the United States deserve SENATE RESOLUTION 759—EX- Whereas groups engaged in these activities to know who is behind this massive dark PRESSING THE SENSE OF THE do not disclose their funders, meaning the money campaign to capture the courts. SENATE THAT DARK MONEY UN- people of the United States have no idea who DERMINES THE INTEGRITY OF is behind this sophisticated operation to in- f fluence the selection of judges and justices; THE JUDICIAL SYSTEM AND Whereas dark money groups like the Judi- DAMAGES THE PERCEPTION cial Crisis Network (referred to in the pre- RECESS UNTIL TOMORROW THAT ALL PEOPLE RECEIVE amble as ‘‘JCN’’) have helped shape the com- Mr. MCCONNELL. Mr. President, I EQUAL JUSTICE UNDER LAW position of the Supreme Court by spending move to recess. Mr. WHITEHOUSE submitted the fol- tens of millions of anonymous dollars on ad- The PRESIDING OFFICER. The lowing resolution; which was referred vertising campaigns opposing or supporting question is on the motion. Supreme Court nominees, specifically— to the Committee on the Judiciary: (1) JCN spent $7,000,000 to block President The motion is agreed to. S. RES. 759 Obama’s nomination of Judge Merrick Gar- Thereupon, the Senate, at 5:02 p.m., Whereas dark money organizations, funded land to be an Associate Justice of the Su- stands in recess until Sunday, October by anonymous donors, have played an out- preme Court in 2016; 25, 2020, at 12 noon.

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