E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, SECOND SESSION Vol. 166 WASHINGTON, TUESDAY, SEPTEMBER 22, 2020 No. 164 Senate The Senate met at 10 a.m. and was reform and COVID relief. Do they to work alongside the same-party called to order by the President pro somehow believe the filibuster is wrong President, every such nominee has tempore (Mr. GRASSLEY). in principle, or do they admit that they been confirmed, save one bizarre excep- f think there should be two sets of rules tion of a nominee who had corrupt fi- depending on which political party has nancial dealings. Let me say that PRAYER the majority in the Senate? again. Except for Justice Abe Fortas The Chaplain, Dr. Barry C. Black, of- If you think at a minimum that the and his ethical scandals, every single fered the following prayer: filibuster should be used sparingly and nomination in American history made Let us pray. judiciously, how do you justify voting under our present circumstances has Eternal God, we continue to trust the to block even moving, even discussing, ended in a confirmation—seven out of power of Your prevailing providence. In let’s say, for instance, Senator SCOTT’s eight. times of trouble, You keep us safe from police reform bill when you have been That is the thing about facts and his- harm. You strengthen us when all promised amendments by the majority tory. Angry rhetoric does not change seems lost, enabling us to reach Your leader and when you can always fili- them. Partisan finger-pointing does desired destination without stumbling buster final passage if you still aren’t not alter them. Facts simply exist. or slipping. satisfied after the bill has been dis- They are there for everyone to see. His- Lord, Your plans are fulfilled in spite cussed for a long period of time and a tory and precedent were on this Senate of our enemies. Surround our Senators lot of amendments have been adopted? majority’s side in 2016, and they are with the shield of Your divine favor. It is clear their position on filibuster is overwhelmingly on our side now. Lord, inspire them to rejoice in Your pure partisanship at its worst. If we go on to confirm this nomina- might because of Your victorious guid- If there is any way you are going to tion after a careful process, then both ance. Keep them from the paths of dis- promote the bipartisanship that the in 2016 and in 2020, this Senate will grace. people are demanding, it is only in this simply have provided the typical, nor- Look with favor, O Lord, upon us all, institution of the Senate, where it re- mal outcome in each scenario. Think and may our service ever be acceptable quires 60 votes to get to finality on a about that fact and then weigh it to You. bill and where you have pressure to do against the outcry and hysteria that We pray in Your great Name. Amen. things in a bipartisan way or nothing has already erupted on the far left. f gets done. Yesterday, the Democratic leader an- I yield the floor. nounced on the floor that if the Senate PLEDGE OF ALLEGIANCE f holds a vote on the forthcoming nomi- The President pro tempore led the nation it would ‘‘spell the end of this Pledge of Allegiance, as follows: RECOGNITION OF THE MAJORITY supposedly great deliberative body.’’ LEADER I pledge allegiance to the Flag of the Spell the end of this supposedly great United States of America, and to the Repub- The PRESIDING OFFICER. The ma- deliberative body? That is what he lic for which it stands, one nation under God, jority leader is recognized. said. It would be the death of the Sen- indivisible, with liberty and justice for all. f ate if a duly elected majority of the The PRESIDING OFFICER (Mrs. U.S. Senate exercises its advice and HYDE-SMITH). The Senator from Iowa. SUPREME COURT NOMINATIONS consent power as it sees fit. That is Mr. GRASSLEY. Madam President, I Mr. MCCONNELL. Madam President, what Senates do. It is our job descrip- ask unanimous consent to speak for 1 I explained yesterday how moving tion. Presidents makes nominations as minute in morning business, please. ahead on a vote on the forthcoming Su- they see fit, and Senate majorities ei- The PRESIDING OFFICER. Without preme Court nomination will be con- ther provide or withhold advice and objection, it is so ordered. sistent with both history and prece- consent as we see fit. But now our f dent. Democratic colleagues tell us that the When an election-year nomination to Senate doing normal senatorial things FILIBUSTER fill an election-year vacancy occurs in would ‘‘spell the end’’ of this institu- Mr. GRASSLEY. Madam President, a divided government, with a Senate tion—whatever that may mean. those on the other side of the aisle who and a President of different parties, the The Democratic leader is not alone in openly say they will end the filibuster historical norm is that such nomina- these pronouncements. Chairman if they get the majority should have to tions are not confirmed. But the times JERRY NADLER of the House Judiciary explain why they continue to vote to this has happened after the American Committee has already announced that filibuster important issues like police people have elected a Senate majority if the Senate majority dares to act like ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S5733 . VerDate Sep 11 2014 04:32 Sep 23, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22SE6.000 S22SEPT1 ctelli on DSK30NT082PROD with SENATE S5734 CONGRESSIONAL RECORD — SENATE September 22, 2020 a Senate majority, future Democrats Supreme Court in a written brief. They The PRESIDING OFFICER. The should ‘‘immediately move to expand said: ‘‘The Court is not well [and] per- clerk will call the roll. the Supreme Court.’’ haps the Court can heal itself before The senior assistant legislative clerk From another colleague: the public demands it be ‘restruc- proceeded to call the roll. If [they hold] a vote in 2020, we pack the tured.’ ’’ Mr. SCHUMER. Madam President, I court in 2021. It’s that simple. It was more than a year ago that ask unanimous consent that the order Speaker PELOSI intimated on tele- Democrats, competing for their party’s for the quorum call be rescinded. vision last weekend that she may con- Presidential nomination, made court- The PRESIDING OFFICER. Without sider launching a new frivolous im- packing a central element in their objection, it is so ordered. peachment simply to tie up the Sen- platforms. f It was more than 6 months ago that ate’s time. She said: ‘‘We have our op- RECOGNITION OF THE MINORITY the Democratic leader appeared across tions.’’ LEADER The junior Senator from Massachu- the street outside the Court and setts said Democrats ‘‘must abolish the threatened specific Justices if they did The PRESIDING OFFICER. The filibuster and expand the Supreme not rule his way. Democratic leader is recognized. Court.’’ For goodness’ sake, the junior Sen- f The junior Senator for Hawaii said: ator from Maryland came right out and SUPREME COURT NOMINATIONS ‘‘All of those matters will be on the admitted this yesterday. Someone agenda.’’ asked him whether he would support Mr. SCHUMER. Madam President, The senior Senator from Connecticut these acts of institutional vandalism if tomorrow the recently departed Su- said: ‘‘Nothing is off the table.’’ a nominee is confirmed this year, and preme Court Justice Ruth Bader Gins- Just yesterday, former Vice Presi- he helpfully pointed out: ‘‘I’ve always burg will lie in repose at the Supreme dent Biden himself refused to rule out said I’m open, even before this seat Court, and on Friday Ruth Bader Gins- that he might seek to pack the Su- opened . [those] possibilities were burg will lie in state here in the Cap- preme Court. on the table before we got to this itol, the first time in our Nation’s long Bear in mind, none of them assert point,’’ thereby proving my point. history that a woman has ever received this majority would be breaking any These threats are not new. They have the honor. Senate rule by holding this vote; it is nothing to do with this vacancy. I can think of no more fitting tribute just that our Democratic friends worry Our friend the junior Senator from for a woman who made a life’s work of they might not like the outcome. Delaware said on television this Sun- going where women had never gone be- For some reason, they cannot bear to day that he wants to persuade Repub- fore. Even with the benefit of a few see Republicans governing within the licans to forgo filling this vacancy, but days, the loss of Justice Ginsburg is rules as Republicans—doing exactly all the way back in June—long before 5 devastating. You need only walk by the what Americans elected us to do. So days ago—he himself notably refused Supreme Court today, where flowers, they threaten to wreck the makeup of to rule out breaking the Senate’s rules candles, chalk-written notes, and spon- the Senate if they lose a vote and to to kill the filibuster. taneous demonstrations have clogged wreck the structure of the Court if There is no degree to which reward- the sidewalks for 4 days straight, to somebody is confirmed whom they op- ing these threats would buy the Nation know her impact on this country.