Congressional Record, September 15, 2020, from Page S5580 — United States Senate

Summary

Page S5580 of the Senate section of the Congressional Record for September 15, 2020, with Senate proceedings in interleaved columns. The clerk reports the nomination of Stanley Blumenfeld to be a United States District Judge for the Central District of California and a cloture motion on it, and Mr. Gardner asks for the yeas and nays on the Scarsi nomination. Under the heading Filibuster, Mr. Thune recalls that Leader McConnell called up a relief bill last week, and Mr. Durbin invites a colleague to speak. A speaker says the country is approaching 7 million coronavirus cases and that Congress is failing its constituents, which is that speaker's view.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, September 15, 2020, from Page S5580 — United States Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-15-crec-2020-09-15-pt1-pgs5580-3-db965fbf09/, SHA-256 7daed1abc8c0da7f5da3caa7246956e946a630c8c72beb8d48b33e5d3efe5499.

Full text

S5580 CONGRESSIONAL RECORD — SENATE September 15, 2020
The question is, Will the Senate ad- Standing Rules of the Senate, do hereby EXECUTIVE CALENDAR
vise and consent to the Scarsi nomina- move to bring to a close debate on the nomi-
nation of Stanley Blumenfeld, of California, The PRESIDING OFFICER. The
tion? clerk will report the nomination.
Mr. GARDNER. I ask for the yeas to be United States District Judge for the
Central District of California. The legislative clerk read the nomi-
and nays. Mitch McConnell, Martha McSally, Tom nation of Stanley Blumenfeld, of Cali-
The PRESIDING OFFICER. Is there a Cotton, John Cornyn, Kevin Cramer, fornia, to be United States District
sufficient second? John Barrasso, Roy Blunt, John Booz- Judge for the Central District of Cali-
There appears to be a sufficient sec- man, Marco Rubio, Richard Burr, Mike fornia.
ond. Crapo, Roger F. Wicker, Rob Portman,
The clerk will call the roll. The PRESIDING OFFICER. The Sen-
Lamar Alexander, John Thune, Steve
The senior assistant legislative clerk Daines, James Lankford. ator from South Dakota.
called the roll. FILIBUSTER
The PRESIDING OFFICER. By unan-
Mr. THUNE. The following Senators Mr. THUNE. Madam President, last
imous consent, the mandatory quorum
are necessarily absent: the Senator week, Leader MCCONNELL called up a
call has been waived.
from West Virginia (Mrs. CAPITO) and bill to the floor of the U.S. Senate. It
The question is, Is it the sense of the was a coronavirus relief bill, which in-
the Senator from North Dakota (Mr.
Senate that debate on the nomination cluded a number of components that
CRAMER).
Mr. DURBIN. I announce that the of Stanley Blumenfeld, of California, to both sides had agreed needed to be in
Senator from Delaware (Mr. COONS), be United States District Judge for the any coronavirus relief bill. It was a tar-
the Senator from California (Ms. HAR- Central District of California, shall be geted bill. It was a fiscally responsible
RIS), and the Senator from Vermont
brought to a close? bill, and it was a bill that was rooted in
(Mr. SANDERS) are necessarily absent. The yeas and nays are mandatory reality. In other words, there was a be-
The PRESIDING OFFICER (Ms. MUR- under the rule. lief that it could be signed into law if,
KOWSKI). Are there any other Senators The clerk will call the roll. in fact, it was passed by the Congress.
in the Chamber desiring to vote? The legislative clerk proceeded to So, when it was called up, obviously,
The result was announced—yeas 83, call the roll. we talked about the features in the
nays 12, as follows: Mr. THUNE. The following Senators bill, many of which are things, as I
[Rollcall Vote No. 170 Ex.] are necessarily absent: the Senator said, enjoyed bipartisan support. When
YEAS—83 from West Virginia (Mrs. CAPITO) and I said it was fiscally responsible, it ac-
Alexander Graham Portman the Senator from North Dakota (Mr. tually repurposed funds from the pre-
Baldwin Grassley Reed CRAMER). vious coronavirus relief bill, from the
Barrasso Hassan Risch CARES Act, that had not yet been
Bennet Hawley Roberts Mr. DURBIN. I announce that the
Blackburn Heinrich Romney Senator from Delaware (Mr. COONS), spent. So it took some of those dollars,
Blunt Hirono Rosen the Senator from California (Ms. HAR- repurposed them, used them in another
Boozman Hoeven Rounds way, which I think would be a fiscally
Braun Hyde-Smith RIS), and the Senator from Vermont
Rubio responsible way in which to approach
Brown Inhofe Sasse
(Mr. SANDERS) are necessarily absent.
Burr Johnson Scott (FL) The PRESIDING OFFICER. Are there the whole issue of how we spend tax-
Cardin Jones
Scott (SC) any other Senators in the Chamber de- payer dollars on any issue, including a
Carper Kaine crisis. So there was a repurposing that
Shaheen
Casey Kennedy siring to vote?
Cassidy King
Shelby I think, again, represents a fiscally re-
Sinema The yeas and nays resulted—yeas 89,
Collins Lankford sponsible approach to doing this.
Cornyn Leahy Smith nays 6, as follows:
Stabenow It also addressed the issue of people
Cortez Masto Lee [Rollcall Vote No. 171 Ex.]
Cotton Loeffler Sullivan who were unemployed. It had a provi-
Crapo Manchin Tester YEAS—89 sion in there that allowed people to
Cruz McConnell Thune continue to receive unemployment in-
Alexander Graham Portman
Daines McSally Tillis
Toomey
Baldwin Grassley Reed surance above and beyond what their
Duckworth Menendez Barrasso Hassan Risch
Durbin Moran Udall States offered in terms of the bene-
Bennet Hawley Roberts
Enzi Murkowski Van Hollen Blackburn Heinrich Romney
fits—$300 above that on a per-week
Ernst Murphy Warner Blunt Hoeven basis, which, on average, represents
Rosen
Feinstein Paul Whitehouse Booker Hyde-Smith
Fischer Perdue Wicker
Rounds about an 85-percent wage replacement.
Boozman Inhofe Rubio
Gardner Peters Young Braun Johnson
So it was about an 85-percent wage re-
Sasse
NAYS—12 Brown Jones Schatz
placement in terms of an unemploy-
Burr Kaine
Schumer ment benefit. It also included bipar-
Blumenthal Klobuchar Schatz Cantwell Kennedy
Booker Markey Schumer Scott (FL) tisan improvements and bipartisan
Cardin King
Cantwell Merkley Warren Carper Klobuchar
Scott (SC) amendments and modifications to the
Gillibrand Murray Wyden Shaheen PPP program, things which both sides
Casey Lankford
Cassidy Leahy Shelby
NOT VOTING—5 Sinema had agreed upon. That program has
Collins Lee
Capito Cramer Sanders Cornyn Loeffler Smith been very successful but needed to be
Coons Harris Cortez Masto Manchin Stabenow expanded and reauthorized, so it in-
Cotton McConnell Sullivan cluded those changes—again, bipar-
The nomination was confirmed. Crapo McSally Tester
The PRESIDING OFFICER. Under Thune tisan changes.
Cruz Menendez
the previous order, the motion to re- Daines Merkley Tillis It included significant funding for
consider is considered made and laid Duckworth Moran Toomey both elementary and secondary edu-
Durbin Murkowski Udall cation—about $70 billion there to help
upon the table, and the President will Enzi Murphy Warner
be immediately notified of the Senate’s Ernst Murray Whitehouse our schools open safely and another $30
actions. Feinstein Paul Wicker billion to $35 billion for colleges and
f
Fischer Perdue Wyden universities for the same purpose: to
Gardner Peters Young help them be able to open safely—
CLOTURE MOTION NAYS—6 again, a bipartisan priority.
The PRESIDING OFFICER. Pursuant Blumenthal Hirono Van Hollen Those are just a few of the things
to rule XXII, the Chair lays before the that were included. It also included, of

SSpencer on DSK126QN23PROD with SENATE
Gillibrand Markey Warren
Senate the pending cloture motion, course, additional funding for vaccines,
NOT VOTING—5
which the clerk will report. therapies, testing, all things that we
Capito Cramer Sanders
The senior assistant legislative clerk Coons Harris
think are vitally important if we are
read as follows: going to defeat the virus.
CLOTURE MOTION The PRESIDING OFFICER. On this Those were all components that were
We, the undersigned Senators, in accord- vote, the yeas are 89, the nays are 6. included in the bill last week that was
ance with the provisions of rule XXII of the The motion is agreed to. brought up to the floor by the majority

VerDate Sep 11 2014 01:51 Sep 16, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.004 S15SEPT1
September 15, 2020 CONGRESSIONAL RECORD — SENATE S5581
leader, Senator MCCONNELL, and it was week—as I mentioned, several times requires more thought, more debate,
blocked. It was filibustered by the earlier this year—at the same time and greater consensus.
Democrats. Now, when I say blocked, I that they are calling for an end to the Those are good things. Historically,
am not talking about blocking the end legislative filibuster. Senators of both parties have recog-
bill. I am talking about blocking even Imagine that. Think about the irony nized this. They have seen beyond the
getting on the bill. It was a motion to of that. On Friday, NBC News reported: narrow partisan advantage of the mo-
proceed under the Senate rules, some- ‘‘Democratic insiders are assembling a ment and fought for the preservation of
thing that is necessary to get on a bill. coalition behind the scenes to wage an the filibuster.
It is important, I think, to point out all-out war on the Senate filibuster in In 2005, when there was talk of abol-
that there are several ways in which a bullish anticipation of sweeping the ishing the judicial filibuster, Demo-
bill can be stopped, and they require a 2020 election. . . .’’ cratic Senators, some of whom still
supermajority—60 votes in the Senate. So the very mechanism that they serve in this body today, fought fierce-
Once you are on a bill and it is subject used repeatedly here just in the last ly to safeguard it. At a rally in March
to an amendment process, you can, at year—but, frankly, for the last 6 years of that year, the current Democratic
the end of that, if you don’t like the that they have been in the minority— leader said:
bill, you can still block it with 41 to block or, in some cases, even to im- They believe if you get 51% of the vote,
there should be one party rule. We will stand
votes. In other words, it takes 60 votes prove a bill that comes to the floor of in their way! Because an America of checks
to get on a bill, to proceed to a bill, the U.S. Senate, they are now talking and balances is the America we love. It’s the
and 60 votes to get off the bill, to re- about getting rid of that very rule. I America the Founding Fathers created. It’s
port it out. So there are several places mean, think about that. The irony of been the America that has kept us successful
where if you are opposed to something that is pretty rich. for 200 years and we’re not going to let them
and you think that you haven’t been It was a disturbing confirmation that change it! . . . We will fight, and we will pre-
the campaign by some Democrats to serve the Constitution.
treated fairly, you can block it.
But blocking the motion to proceed eliminate the Senate’s nearly 200-year- That is from the current Democratic
means you are blocking a bill—even old practice for considering legislation leader back in 2005, speaking about pro-
just the idea of getting on the bill and has become official. It used to be sort posals to eliminate the filibuster. Well,
opening it up to an amendment process of whispered around here and talked unfortunately, the Democrats changed
and debating it on the floor of the Sen- about, but now they are talking openly their tune a few years later when they
ate. That is not, obviously, the first about getting rid of the filibuster. It thought abolishing the judicial fili-
time that has happened. It happened in puts into stark contrast the choice the buster would serve their advantage.
the police reform bill. It happened ear- voters are going to face in November. But even then, Democrats—and later
lier this year in the original CARES So what is the legislative filibuster? Republicans—sought to distinguish be-
package. Well, it is the product of the Senate’s tween confirming nominees and the
But on the police reform bill, you tradition of unlimited debate. The leg- importance of preserving debate on leg-
had, again, a bill that had many bipar- islative filibuster is essentially the re- islation. Now they are talking about
tisan provisions in it. In fact, about 75 quirement that 60 Senators agree be- abolishing the fundamental practice of
to 80 percent of the bill were things fore the Senate can end debate and the Senate, the legislative filibuster,
that both sides agreed upon, and, there for the same prospect of temporary
vote on a contentious bill. In other
partisan gaming.
again, the motion to proceed just to words, you need 60 percent of the Sen- ‘‘Nothing’s off the table,’’ the minor-
get on the bill was blocked. It was by ate to agree before you can pass a bill. ity leader said when asked about
the use of the filibuster. It was by the Now, what this means in practice is
Democrats’ intentions for the legisla-
use of the 60-vote threshold in the Sen- that unlike the House of Representa-
tive filibuster if they win back the Sen-
ate to prevent the Senate from even tives, where legislation can easily pass
ate. It is a far cry from what he said
proceeding to the bill—even after, I with the support of just one party, in just a few years ago.
would add, the manager of that bill and the Senate, you generally need the sup- Eliminating the legislative filibuster
the author of that bill, Senator TIM port of at least some Members of the would permanently change the nature
SCOTT from South Carolina, had indi- other party before you can pass legisla- of the Senate. The cooling saucer that
cated through the leadership that they tion. Nowadays, the Senate’s filibuster the Founders envisioned would essen-
would be willing to accept up to 10 rule could be said to be the primary tially be gone, and the one-party rule
amendments or up to 20 amendments. thing that distinguishes the Senate the Democratic leader decried back in
They were offered unanimous consent from the House of Representatives. 2005 would become a reality.
to get 10 or 20 amendments offered in That matters because the Senate is Some might ask why one-party rule
the police reform bill, but it was still supposed to be different from the House is a problem. After all, sometimes one
blocked even on the motion to proceed of Representatives. The Framers of the party wins the Senate, the House, and
by the Democrats in the Senate. Constitution designed the Senate to be, the Presidency. Shouldn’t that party
So, when they blocked the bill last as the minority leader once said—al- be able to pass whatever legislation it
week, it was pointed out, I think, accu- luding to the legendary exchange be- wants? Well, the answer is no. Our
rately by the media reporting on the tween Washington and Jefferson—the country is relatively evenly split down
bill. These were a few of the headlines cooling saucer of democracy. the middle, with the advantage some-
to give you a sense of the reaction. Wary of—to quote Federalist 62— times moving to the Republicans and
The Hill: ‘‘Senate Democrats block ‘‘the propensity of all single and nu- sometimes to the Democrats, but even
GOP relief bill.’’ The Washington Post merous assemblies, to yield to the im- if one party were a permanent minor-
said: ‘‘Democrats block slimmed-down pulse of sudden and violent passions,’’ ity in this country, one-party rule still
GOP coronavirus relief bill. . . .’’ ABC the Founders created the Senate as a wouldn’t be acceptable.
News said: ‘‘Democrats block Senate check on the House of Representatives. Let me go back to the Federalist pa-
GOP COVID 19 relief proposal.’’ Na- They made the Senate smaller and pers for just a minute. Federalist 10
tional Public Radio said: ‘‘Senate Senators’ terms of office longer with and 51 discuss two issues that the
Democrats Block GOP’s $300 Billion the intention of creating a more stable, Founders were concerned about: minor-
Pandemic Relief Bill.’’ more thoughtful, and more deliberative ity rights and the tyranny of the ma-
So those were some of the headlines. legislative body to check ill-considered jority. While we tend to think of ty-
Maybe this doesn’t mean anything to or intemperate legislation.

SSpencer on DSK126QN23PROD with SENATE
rants as single individuals, the Found-
anybody but Congress watchers, but I As time has gone on, the legislative ers recognized that a majority could be
am sure the irony is not lost on any- filibuster is the Senate rule that has tyrannical as well. So the Founders
body who follows this process. The had perhaps the greatest impact in pre- created a system of government de-
Democrats used the legislative fili- serving the Founders’ vision of the signed to prevent tyrannical majority
buster. When I say blocking a motion Senate. Thanks to the filibuster, it is from running roughshod over the
to proceed, it was the use of a legisla- often harder to get legislation through rights of the minority, and one of those
tive filibuster to block a bill last the Senate than through the House. It checks was the Senate.

VerDate Sep 11 2014 01:51 Sep 16, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.008 S15SEPT1
S5582 CONGRESSIONAL RECORD — SENATE September 15, 2020
Today, the legislative filibuster may ity party will filibuster your bills. I My question to the Senator from
be the single most important thing pre- have certainly had moments when I South Dakota is, Do you believe that a
serving the Senate’s constitutional wished we could just pass legislation change in the filibuster rules here in
role as a check on majority tyranny. with a simple majority, especially the U.S. Senate would be permanently
By requiring 60 votes, the filibuster en- coming from the House of Representa- detrimental to the institution of the
sures that any legislation has to take tives. Senate going forward?
into account the views of a broad group Democrats have stood in the way of a Mr. THUNE. Mr. President, I would
of Senators. With a 60-vote threshold, lot of legislation I would like to have say, through the Chair, to my col-
you are unlikely to get your legislation passed this year, from Senator SCOTT’s league from Alaska that that is abso-
passed unless you bring some Senators police reform bill, which I mentioned lutely the case. I don’t think there is
of the opposite party on board, and earlier, to additional coronavirus re- any question but that, if the legislative
that means the minority party has a lief, to pro-life legislation. filibuster is done away with in a future
real role in shaping legislation in the It is also important to note that not Senate—and, again, Members on the
Senate, something the minority party every filibuster has been undertaken Democratic side are talking openly
in the House lacks. for noble purposes. Like every tool, it about doing that if they gain the ma-
Democrats have repeatedly, as I can be misused. But I know that no jority after the election in November—
pointed out earlier, used the legislative matter how frustrating the filibuster it will transform the institution of the
filibuster to their advantage during may be in the moment, preserving it is Senate and, by extension, transform
this Congress. In March, Democrats essential to preserving the institution our country.
filibustered our largest coronavirus re- of the Senate and the purpose for The institution that was designed to
lief bill, the CARES Act, until Repub- which it was created. It is essential to protect minority rights and to put a
licans agreed to add some Democratic protecting minority rights, and it is an check on a majority will no longer be a
priorities, and Democrats quickly took essential check on tyrannical majori- functioning institution in the way the
credit for making the bill better. You ties that would seek to curtail our free- Founders intended. In fact, it will es-
would think that Democrats would doms. sentially become, as the Senator from
Legend has it that when Benjamin Alaska pointed out, the House of Rep-
want to preserve this influence, espe-
Franklin was leaving the Constitu- resentatives with longer terms.
cially—especially—now that Demo-
tional Convention, someone asked him I think that would be unfortunate for
crats have experienced the con-
what form of government the conven- a country that was based upon a sys-
sequences of their decision to abolish
tion had instituted. ‘‘A republic,’’ tem of checks and balances and that
the judicial filibuster.
Of course, when they say they want Franklin said, ‘‘if you can keep it’’—‘‘if recognized very early on how critical it
you can keep it.’’
to abolish the legislative filibuster, was that minority rights be a part of
Today, the legislative filibuster is
Democrats mean that they want to our public debate and discussion and
the key rule preserving the Senate’s
abolish the legislative filibuster if they constitutional role as a check on par- that those voices not be muffled or
win a majority in November. They tisan passion. I pray that no future that those voices not be completely put
have a lot of legislation they want to Senate will destroy the Senate’s essen- out of the public debate.
pass, and they don’t want to have to I would simply say to my colleague
tial role in our system of government
moderate that legislation to address for temporary partisan gain. from Alaska that I think this is a mon-
Republicans’ or Americans’ concerns. I yield the floor. umental issue in terms of what this in-
But I would remind my colleagues Ms. MURKOWSKI. Mr. President, stitution has meant to this country
that no one is in power forever. If will the Senator from South Dakota and what it will continue to mean in
Democrats do win in November and yield for a question? the future if these rules are changed
abolish the legislative filibuster, they Mr. THUNE. I will be happy to yield and this constitutional protection, as
may quickly come to regret that deci- to the Senator from Alaska. we have pointed out, is done away
sion once they are in the minority Ms. MURKOWSKI. Mr. President, I with. It will transform the Senate, and
again, because no matter how perma- want to just start by saying amen to it will transform the country in ways
nent a majority thinks it will be, soon- everything the Senator has said. that would be very detrimental to what
er or later every majority party re- I listened to his words carefully, and the Founders intended.
turns to minority status. I hear a great deal of caution in his Ms. MURKOWSKI. I thank the Sen-
In addition to doing away with the words about actions that the Senate ator from South Dakota.
bipartisan nature of the Senate, ending may take as a body that would be in I would hope that on a matter as sig-
the legislative filibuster would also response to perhaps short-term gain or nificant as what we are talking about,
erode the stability of government. Leg- immediate political gain—but a gain which is effectively the operational in-
islation would become more partisan that could be finite. tegrity of this institution, there would
because the majority would not have to Over the course of the years that I be good, thorough open discussion and
take into account the opinions of the have been in the Senate, I, too, have debate on this floor and amongst floor
minority party. That would make leg- shared the same frustration about leg- Members.
islation likely to be reversed as soon as islation that I cared deeply about that But the concerns we are hearing that
the opposite party gains the majority I believe had been blocked. Our parlia- there are efforts on the outside of this
in a future Congress. mentarian rules have actually worked body that would push us to change our
Without the legislative filibuster, it to delay things unnecessarily or often- rules and do so in a way that could per-
is not hard to see a future in which na- times delayed things to the point manently erode and undercut the abil-
tional policy on a host of issues could where they never came to fruition. I ity of the U.S. Senate to operate as in-
fluctuate wildly every few years. Taxes have seen the frustration. I also see the tended would be, I believe, a travesty.
could go up and down on a regular benefit of being more methodical, of Thank you.
basis. Government programs could be being that cooling saucer in the proc- The PRESIDING OFFICER (Mr.
stopped and started every few years. ess of governance and particularly good ROUNDS). The assistant Democratic
The consequences for individuals, busi- governance. leader.
nesses, and our economy would not just But the words that you used are very, Mr. DURBIN. Mr. President, I lis-
be unpleasant but potentially dev- very cautionary. It is as if you are sug- tened to this debate very carefully be-
gesting that if we change the filibuster cause I have great respect for both of

SSpencer on DSK126QN23PROD with SENATE
astating.
I understand the frustration of my rules, we will, in effect, have changed the Senators—the Senator from Alaska
Democratic colleagues. I have been in the institution of the Senate going for- and the Senator from South Dakota.
the minority of the Senate. I was in ward and have changed the institution I have seen both of them operate as
the minority my first 8 years here. so that it is, perhaps, just a smaller effective legislators on the floor of the
I also know what it is like when you body than the House but subject to the U.S. Senate. I have seen both of them
get into the majority and can’t pass ev- same rules, where those who have the entertain amendments, both friendly
erything you want because the minor- most votes on one side win. and not so friendly, on the floor of the

VerDate Sep 11 2014 01:51 Sep 16, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.009 S15SEPT1
September 15, 2020 CONGRESSIONAL RECORD — SENATE S5583
Senate and deal with them in a fair cluded. Is that the Senate that you ran I look at the Presiding Officer. He
fashion. I have seen both of them use for? Is that the Senate you do not want stepped up on the last immigration de-
the U.S. Senate to achieve legislative to change? Tell me seriously. It can’t bate that we had on a bipartisan meas-
goals, some that I shared and some be. ure. I thank him for doing it. It wasn’t
that I didn’t share. Those of us on this side of the aisle easy, politically. That was what the
But I have to ask them, in all candor, say to younger Members: You would Senate once was not that long ago.
as I listened to the speech about pre- have loved the Senate if you just could I do yield for a question.
serving the Senate as we know it, if have seen it, but you have only been Mr. THUNE. Mr. President, would the
they are really taking a look around at here 6 years. So you missed it. Senator from Illinois agree, however—
the Senate as we know it. Do you know There was a time when we did debate because I think it is important to point
how many amendments were debated on the floor. Do you remember when out that this is not something that
on the floor of the U.S. Senate in the Dodd-Frank came to the floor? Senator happened in the last few years. The
year 2019—in the entire year? Amer- Dodd and Senator SHELBY were man- Senator from Alaska had a colleague
ica’s greatest deliberative body consid- aging that bill. This was the most dra- elected in 2008 who, when he ran again
ered 22 amendments in that year. Six matic change in Wall Street policy in a for election in 2014, the argument could
of them were offered by one Senator— generation or more. I remember it be- be made against him that he had never
Senator RAND PAUL, the junior Senator cause I offered what I believe was the gotten a vote on the floor of the U.S.
from Kentucky. You remember them, 25th amendment on the floor—25 Senate on a single amendment in a 6-
as I do. He basically said: Here is a gun amendments on this bill that had al- year term in the Senate.
to your head. If you want to go home, ready come out of the Banking Com- I came here in 2005. In the first 8
I get a vote. He got his vote. And as he mittee. I offered the 25th amendment years that I was here as a Senator, I
reminded me, he lost every one of those on debit cards, and they announced witnessed time and again the very
amendments. So 6 of the 22 amend- that it would be a 60-vote margin. All thing you are talking about, where
ments were, frankly, one Senator’s ef- the others had been a simple majority amendments were shut down, the tree
fort to have a recorded vote, and that to that point. I surprised everybody, was filled, in the parliamentary lan-
is all it was. including myself, and passed that guage that we use here in the Senate.
Sixteen substantive amendments in a amendment. And then more were of- So I would ask the Senator: Is this
year, and you are arguing that we can- fered. not a—this is not an issue that has
not change the Senate, we cannot Do you remember the immigration cropped up in the last few years. Is this
transform the Senate, we cannot con- reform bill? Do you recall what hap- not a problem that originated some
sider changes to the rules of the Sen- pened there? I can tell you because I time ago and, as the Senator is sug-
ate. I know better. was on the Gang of 8 that wrote the gesting, that we need to do away with
I know that you are a good legis- bill. We went through the Judiciary the supermajority requirement that re-
lator, and you are as well, Senator. I Committee, and Senator Jeff Sessions quires us here as Senators to work to-
know that you can take a bill through of Alabama was determined to derail gether in a bipartisan way to find com-
a committee, bring it to the floor, de- the bill. He said: I have dozens of mon ground to fix what ails the Sen-
fend it on the floor, and go through the amendments, and I am going to offer ate?
amendment process. We all know that them all. Well, he stopped at about 20 I would argue and a lot would argue
that is how the Senate was designed to because he wasn’t passing most of his that what ails the Senate right now re-
work. amendments. Then it came to the quires nothing more than behavioral
What happened? What happened to floor, and we faced the same amend- change. We have to agree that when
the Senate? Well, if you take a look at ment process, amendment after amend- somebody offers an amendment on one
the number of cloture motions to end a ment, and the bill was passed on the side, that it is not going to be blocked
filibuster that were filed some 13 years floor of the Senate. immediately and we get into this
That was within my political life-
ago, they averaged about 68 a year. Do lockdown. That is what happened in re-
time and yours as well. It worked. Why
you know how many we now have? cent years and in the last couple of ex-
is it not working now? Why is this such
Over 250 a year. amples we have had, as recently as last
an empty Chamber? Why are there all
This is out of control. It is so much week, blocking the motion to proceed
of these empty desks when there are so
out of control that when you take a to the bill.
many things that need to be done in
look at the ordinary business of the I mean, if you want to have an
America? Because we have stopped leg-
U.S. Senate and you take a look at the amendment process, you have to get on
islating. We have stopped debating. We
memories you may have of passing a the bill in the first place. That has
have stopped amending.
budget resolution, we don’t do that been, now, the routine that has been
You say: Boy, we have to preserve
anymore, do we? You take a look at executed by the minority, is to prevent
this. We have to do everything we can
passing appropriation bills. You re- even a motion to proceed, which would
to preserve this.
member sitting on the Appropriations We know better than that. This is enable us to get to an amendment proc-
Committee and proud to be there, as I not the Senate that we are witnessing. ess.
am too. I loved that committee. It was This is some aberration, some use of So this is not something that hap-
a great committee to serve on. We ac- the filibuster. pened when Senator MCCONNELL came;
tually took agencies and went through In the first 3 years, with Senator this was happening well before that. As
hearings and drew up budgets and took MCCONNELL in charge, we had more I pointed out, the Senator from Alas-
them to Appropriations subcommittees filibusters and cloture votes than in ka’s colleague went through an entire
and actually considered amendments in the entire history of the U.S. Senate. It 6-year term without getting a vote—a
the committee and then brought them is out of control, my friends, my col- Democratic colleague—when he was in
to the floor and had amendments on leagues, fellow Senators. the majority here in the Senate.
the floor. Yes, that happened in your It is out of control, my friends, my Mr. DURBIN. I would say to the Sen-
political lifetime and in mine. It no colleagues, my fellow Senators. I don’t ator from South Dakota, thank you. I
longer occurs. Do you understand the know what the answer is in terms of said earlier, and I meant it—I think
Senate which you are defending is a rule changes, but I will tell you this. you are a good legislator, as are the
Senate which no longer engages in that Mr. THUNE. Would the Senator yield Senator from Alaska and many others,
kind of debate? and given a chance, you prove it. We

SSpencer on DSK126QN23PROD with SENATE
for a question?
What does it boil down to? There Mr. DURBIN. In just one moment. just don’t get the chance anymore. No
were meetings of the Big 4 or the Big 8, I will tell you this: To argue that we budget resolution. No appropriations
or whatever number there happens to need to preserve this is to really dis- bills. One bill, really, of any substance
be. They decide all 12 appropriations courage anyone from becoming a Mem- comes to the floor of the Senate each
bills, and we sit on the outside of the ber of this body if we are not going to year now. It is the Defense authoriza-
room holding our hands patiently, hop- legislate, if we are not going to tackle tion bill, by tradition. Come hell or
ing that something we wanted is in- the real issues of our time. high water, we are going to bring up

VerDate Sep 11 2014 01:51 Sep 16, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.012 S15SEPT1
S5584 CONGRESSIONAL RECORD — SENATE September 15, 2020
that bill. And I am glad we do, but that self when he gets his chance on the Presidential election that is as volatile
is it. End of story. The rest of the time, floor. as we have seen, if there is some level
what do we spend our days doing? Ms. MURKOWSKI. Mr. President, of comfort and security that they
Watching the clock go by for 30 hours will the Senator yield for one last ques- might have, they might think that just
so we can have a vote on the next nom- tion? maybe the Congress, maybe the Sen-
ination. Is that the Senate you ran for? Mr. DURBIN. Happy to yield. ate, can get its act together and be
Is that why you went through the sac- Ms. MURKOWSKI. Mr. President, to working together.
rifice and asked your family to join follow the Senator from South Dako- So I hear you. The status quo is not
you in that sacrifice to be in public ta’s comments about using the tool acceptable. I am not one who is going
life? No. Not for me, it isn’t. I am here that would effectively blow up the Sen- to say we can’t change any of the rules,
to do something. I think we can do ate, if you will—these are not words but we have to do better. Whether it is
something. We have proven it in the that we use freely, but I think it is fair behavioral attitudes that need to
past. to suggest that utilizing this tool that change or whether we need to work to-
The Affordable Care Act. Books will would eliminate the filibuster, that gether to change the rules, that is
be written—they have already been would eliminate, really, the strongest where we should be, not unilaterally
written about what it took to finally tool for a minority party, is akin to bomb-throwing, not unilaterally mak-
pass it, but eventually it was enacted the nuclear option. We use that term ing the decision that is going to benefit
into law and signed by the President around here in legislative prose. our party today, and then when we lose
and changed the lives of millions of I would agree with much of what you the majority, we will deal with it later.
Americans. I am glad I voted for it. It have said. You and I have served on the We owe it to the Senate and we owe it
was not a bipartisan effort at any Appropriations Committee now for to the country to do better.
stage. I wish it were. years. We have had an opportunity to I appreciate this back-and-forth
The point I am getting to is this: I be engaged in good, substantive de- today. I would welcome other col-
don’t know what the answer is in terms bates that have yielded good, sub- leagues to join us. I would hope that we
of changing the rules, but I am not stantive, enduring laws. look very, very closely at where we are
going to stand in defense of the status As I think about our role around right now because we are using our own
quo. I do not believe the notion that we here, it is not just to engage in the par- rules to do damage to the institution of
cannot touch the Senate and its tradi- tisan message of the day; it is actually the Senate.
tions really is defensible in light of to enact laws. But when we enact laws So let’s not take the last tool that
what we have seen on the Senate floor that are good for just one party, that holds us in check—this filibuster—and
for the last several years—years. are wholly partisan, you can kind of throw it away as well because we will
I just have to tell you, I am surprised predict the direction that will be taken regret it. In the meantime, let’s figure
now that the Republican position ar- when that minority party that voted out what we can be doing as Democrats
ticulated by your leader and by the against that particular policy then re- and Republicans to do better for the in-
whip is status quo: Leave it as is. It is gains power and takes the majority stitution of the Senate and do better
fine. It is just great. Don’t you change and then attempts to overturn what- for the American people.
the Senate. ever that policy may be. I apologize. That wasn’t by way of a
Well, I think the Senate needs to When we think about ways that we question; it was occupying the time of
change. can help an economy that is struggling the Senator from Illinois. But I think
Mr. THUNE. Mr. President, I have right now, one of the things that I am we have a lot of work to do here, and I
one last question for the Senator from hearing from businesses is this: The hope we are able to do it together.
Illinois. one thing we would really like out of I yield the floor.
I don’t disagree that, again, we can Washington, DC, the one thing we Mr. DURBIN. Mr. President, with her
do a better job—both sides—of making would really like is some level of cer- permission, I will add a question mark
the Senate a more open place where we tainty with policies, that it is not kind to the end of that statement to the
have an opportunity to debate, which I of this whiplash, back and forth from Senator from Alaska, to thank her and
think is the history and tradition of one administration to the next. warn her that we are coming dan-
the Senate, but I don’t think blowing Well, the way you do that is through gerously close to debating on the floor
up the Senate rules accomplishes that. a level of consensus. As we know, on of the Senate. It almost never happens,
I just want to read for you from this this floor right now, where it is still and we are coming close to it.
morning—I was on the floor here, but pretty quiet, consensus has been harder We are actually asking one another:
in an interview on NPR, the junior and harder to achieve on a bipartisan Do we have to change the rules to fi-
Senator from Massachusetts was asked basis. Maybe this is a place in time nally make the Senate work, or is
if there are parts of the Green New where we are, and it is just dark. As there another way? I am open to other
Deal that might attract bipartisan sup- our friend John McCain would say: It is ways. I am open to demonstrations of
port. How did he reply? He replied that always darkest before it goes pitch- that. But I will tell you, it is a frustra-
we need to enact the whole thing, and black. Well, maybe we are getting close tion. It is the determination to make
if Republicans disagree, Democrats to the pitch-black. One can only hope. certain that, for the people of Illinois
should eliminate the filibuster. But I do hear your words that the who returned me to the Senate, we ac-
Now, wanting to preserve the fili- status quo is not acceptable. I agree tually do something, achieve some-
buster doesn’t mean we can’t reform with you, my friend. It is not accept- thing; that we go home, win or lose,
the Senate, but it does mean that we able. It is not acceptable that we are in with the feeling that we have been en-
shouldn’t allow a majority to steamroll that place where we can’t get votes on gaged in a process that respected our
a minority. That is what the filibuster amendments that are legitimate and rights as individual Senators and ended
and the rules of the Senate were de- pertinent to the legislation that we in a vote up or down and a measure
signed to protect. have. passed or failed. That, to me, is why I
What your Members are talking I am trying to advance an energy bill ran for this job, and I think probably
openly about doing—including your right now, to get to final passage, and for yourself as well. We are not there,
leader—is nuking the filibuster, blow- we are going through the procedural and we are not close to being there.
ing up the Senate, and changing and hurdles. I will work through those. But CORONAVIRUS
transforming it in a way that will we are at a point where, as an institu- Mr. President, to date, we have lost

SSpencer on DSK126QN23PROD with SENATE
transform not only the Senate and the tion, I believe we are failing. We are nearly 200,000 Americans to the
way the government, I think, was de- failing the American public. We are coronavirus, and we are quickly ap-
signed to work by our Founders but failing our constituents. We are failing proaching 7 million cases in the United
also transform the country. in our role in governing. States.
Mr. DURBIN. Mr. President, I would I do think that when people look to This virus has changed life as we
love the junior Senator from Massa- the anxiety that is at play right now know it, and Americans are in need of
chusetts to address that question him- with our national elections, with a help from Congress. However, despite

VerDate Sep 11 2014 01:51 Sep 16, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G15SE6.013 S15SEPT1

File and source

File: CREC_crec-2020-09-15_crec-2020-09-15-pt1-pgs5580-3.pdf
Size: 232,783 bytes
SHA-256: 7daed1abc8c0da7f5da3caa7246956e946a630c8c72beb8d48b33e5d3efe5499
Our copy: CREC_crec-2020-09-15_crec-2020-09-15-pt1-pgs5580-3.pdf
Original: www.govinfo.gov