E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, THURSDAY, FEBRUARY 2, 2017 No. 18 Senate The Senate met at 11 a.m. and was Mr. SULLIVAN thereupon assumed of President Obama’s two first-term called to order by the Honorable DAN the Chair as Acting President pro tem- Supreme Court nominees. Did not. We SULLIVAN, a Senator from the State of pore. thank the Democratic leader for clear- Alaska. f ing that up. His statement also re- f minds us that both of the Supreme RESERVATION OF LEADER TIME Court Justices President Clinton nomi- PRAYER The ACTING PRESIDENT pro tem- nated got straight up-or-down votes as The Chaplain, Dr. Barry C. Black, of- pore. Under the previous order, the well. There is no reason someone like fered the following prayer: leadership time is reserved. Judge Gorsuch, who has received wide- Let us pray. spread acclaim from both sides of the O God, who remains the same when f aisle, should be treated differently all else fades, thank You for loving and now. using us for Your glory. RECOGNITION OF THE MAJORITY Guide our Senators in the footsteps LEADER When he was nominated to his cur- rent seat on the court of appeals, Judge of those who were willing to risk all for The ACTING PRESIDENT pro tem- Gorsuch received the American Bar As- freedom, who transformed dark yester- pore. The majority leader is recog- sociation’s highest possible rating— days into bright tomorrows. nized. Lord, uphold our Nation with Your unanimously ‘‘well qualified.’’ At his wisdom and might, enabling it to con- f confirmation hearing, no one had a sin- tinue to be a city of refuge for those MEASURE PLACED ON THE gle negative word to say about him— whose hearts yearn for freedom. Keep CALENDAR—S. 274 not a single negative word. At his con- us all from untimely and self-made firmation vote, no one cast a negative Mr. MCCONNELL. Mr. President, I cares, as we continue to look to You, vote against him—not then-Senator the Author and Finisher of our faith. understand there is a bill at the desk Obama, not then-Senators Clinton, We pray in Your great Name. Amen. due a second reading. Biden, or Kennedy, and not my good The ACTING PRESIDENT pro tem- f friend Senator SCHUMER, either. Judge pore. The clerk will read the bill by Gorsuch was confirmed in exception- PLEDGE OF ALLEGIANCE title for the second time. ally fast time for a court of appeals The Presiding Officer led the Pledge The bill clerk read as follows: nominee—just 2 months. So you have of Allegiance, as follows: A bill (S. 274) to nullify the effect of the re- to wonder, if this nominee was so non- I pledge allegiance to the Flag of the cent executive order that temporarily re- controversial in 2006 that a rollcall United States of America, and to the Repub- stricted individuals from certain countries vote was not even required, what could from entering the United States. lic for which it stands, one nation under God, possibly have changed since to justify indivisible, with liberty and justice for all. Mr. MCCONNELL. In order to place threats of extraordinary treatment f the bill on the calendar under the pro- now? What has happened in the last 10 APPOINTMENT OF ACTING visions of rule XIV, I object to further years? If the Democratic leader or any- PRESIDENT PRO TEMPORE proceedings. one else in his conference did not raise The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The a concern in committee or cast a single pore. Objection is heard. clerk will please read a communication negative vote then, let alone even ask The bill will be placed on the cal- to the Senate from the President pro for a rollcall vote, what could possibly endar. tempore (Mr. HATCH). justify these so-called grave concerns— The bill clerk read the following let- f grave concerns—he claims to have ter: now? NOMINATION OF NEIL GORSUCH U.S. SENATE, Professor Laurence Tribe, President PRESIDENT PRO TEMPORE, Mr. MCCONNELL. Mr. President, I Obama’s law school mentor, called Washington, DC, February 2, 2017. was surprised by a statement my friend Judge Gorsuch a ‘‘brilliant, terrific guy To the Senate: the Democratic leader made right here who would do the Court’s work with Under the provisions of rule I, paragraph 3, yesterday. I am glad he came back to distinction.’’ This is Laurence Tribe, of the Standing Rules of the Senate, I hereby the floor to correct himself, though. I the President’s constitutional law pro- appoint the Honorable DAN SULLIVAN, a Sen- ator from the State of Alaska, to perform think we all appreciated the Demo- fessor, one of the best-known liberal the duties of the Chair. cratic leader making clear that Repub- professors in the country. ORRIN G. HATCH, licans did not—let me repeat, did not— Neal Katyal, President Obama’s top President pro tempore. insist on 60-vote thresholds for either Supreme Court lawyer, lauded Judge ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S609 . VerDate Sep 11 2014 23:18 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S610 CONGRESSIONAL RECORD — SENATE February 2, 2017 Gorsuch as ‘‘one of the most thought- coal jobs. One study actually estimated tion. Any one Democrat can require it. ful and brilliant judges to have served that this regulation would put as many Many already have. It was a bar met by our nation over the last century.’’ Over as one-third of coal-related jobs at each of Obama’s nominations; each re- the last century. That is President risk. That is why the Kentucky Coal ceived 60 votes. Most importantly, it is Obama’s Supreme Court lawyer. Association called it ‘‘a regulation in the right thing to do. And I would note The left-leaning Denver Post re- search of a problem.’’ They joined with that a 60-vote threshold was reached by cently highlighted Judge Gorsuch’s the United Mine Workers of American each of them either in cloture or in the reputation as a ‘‘brilliant legal mind’’ and the attorneys general of 14 States actual vote. who applies the law ‘‘fairly and con- on both sides of the aisle urging Con- On a subject as important as a Su- sistently.’’ gress to act. We should heed their call preme Court nomination, bipartisan I am happy to report that we have now and begin bringing relief to coal support is essential and should be a even been assured by liberal talk show country. Today’s vote on this resolu- prerequisite. That is what a 60-vote host Rachel Maddow that Gorsuch is ‘‘a tion represents a good step in that di- threshold does; 60 votes produces a relatively mainstream choice.’’ Rachel rection. mainstream candidate. And the need Maddow. Once our work is complete on this for a mainstream consensus candidate Turns out, in the years since Judge legislation, we will turn to another is greater now than ever before because Gorsuch’s unopposed Senate confirma- House-passed resolution that will pro- we are in major new territory in two tion, he has shown himself to be the tect American companies from being at ways. very kind of judge everyone hoped he a disadvantage when doing business First, because the Supreme Court, would be, one who demonstrates a overseas. Although the Securities and under Chief Justice Roberts, has shown ‘‘sense of fairness and impartiality’’ Exchange Commission may have had increasing drift to become a more and that Democratic then-Senator Salazar good intentions, the resource extrac- more pro-business Court—siding more lauded him for in 2006, which Salazar tion rule costs American public compa- and more with corporations, employ- called a ‘‘keystone for being a judge.’’ nies up to nearly $600 million annually ers, and special interests over working That was the Democratic Senator from and gives foreign-owned businesses in and average Americans—we need a Colorado when he was confirmed in Russia and China an advantage over mainstream nominee to help reverse 2006. American workers. We all want to in- that trend, not accelerate it. I will re- That was Judge Neil Gorsuch’s rep- crease transparency, but we should not mind my colleagues, that is how Presi- utation back then, and it is his richly raise costs on American businesses, dent Trump campaigned, but his nomi- deserved reputation still, as those in only to benefit their international nee seems not to be in that direction at both parties who have known and competition. Let’s send the SEC back all—not for the average working person worked with him continue to tell us. to the drawing board to promote trans- but, rather, for special business inter- As one Democrat and Denver attorney parency without the high costs or neg- ests. put it, Judge Gorsuch is ‘‘smart [and] ative impacts on American businesses. Second, given that this administra- he’s independent.’’ The things we have These CRA resolutions keep the in- tion—at least at its outset—seems to heard from so many about Judge terests of American families and work- have less respect for the rule of law Gorsuch—smart and independent, fair ers in mind. Today, we will continue to than any in recent memory and is test- and impartial, thoughtful and bril- chip away at the regulation legacy of ing the very fabric of our Constitution liant—are just the qualities we should the Obama years, with more CRA reso- within the first 20 days, there is a spe- expect in our next Supreme Court Jus- lutions in the coming days as well.