Congressional Record, Senate, September 22, 2020 — Remembering Justice Ruth Bader Ginsburg
Summary
This is a long extract from the Congressional Record, Senate, September 22, 2020, starting at pages S5751 and S5752, with interleaved columns and a sampled middle section. Mr. Hawley has S. 4653, a bill to protect the healthcare of hundreds of millions of people and prevent Department of Justice efforts to have courts strike down the Patient Protection and Affordable Care Act, read the first time, and sets the schedule for the Hinderaker and Young nominations. Mr. Cardin and other Senators then honor Justice Ruth Bader Ginsburg, who died the previous Friday, recalling her work as a litigator and her time on the Supreme Court. A later speaker, not named in the text read, warns that eliminating the Affordable Care Act would remove protections for people with preexisting conditions, including a positive COVID–19 test.
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Cite this document
“Congressional Record, Senate, September 22, 2020 — Remembering Justice Ruth Bader Ginsburg.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-22-crec-2020-09-22-pt1-pgs5751-5-72a1b5e6d9/
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5751
that our rights are a gift from God and that the cloture motion on the Sam- burg, who died Friday night. She died
that these rights are not a product of uels nomination be withdrawn and the on the eve of the Jewish new year,
government action or they are not sub- Senate vote on confirmation of the Rosh Hashanah. She was the first Jew-
ject to the whims of a mob. Samuels nomination following the clo- ish woman on the U.S. Supreme Court.
They were also forward thinking. ture vote on the Young nomination. Rabbis tell us a very interesting
They gave us everything we need to The PRESIDING OFFICER. Is there thing about individuals who die right
improve upon their work. objection? before the new year. They say and they
I think it is important to remember Without objection, it is so ordered. suggest that these are very righteous
we have done just that. Over the course f people who die at the very end of the
of more than two centuries, we have year because they were needed until
built a nation that is freer, more equal, MEASURE READ THE FIRST the very end. Under Jewish tradition,
and, yes, striving every day to be that TIME—S. 4653 those who die on the new year holiday
‘‘more perfect Union,’’ not because out- Mr. HAWLEY. Madam President, I are considered tzadik, a title given to
side forces compel us to do so but be- understand there is a bill at the desk, the righteous and saintly. Certainly
cause we, as Americans, chose to make and I ask for its first reading. Justice Ruth Bader Ginsburg was enti-
it that way. The PRESIDING OFFICER. The tled to this honor, being righteous and
When I see that a friend or a neigh- clerk will read the bill by title for the saintly.
borhood has forgotten this, I like to re- first time. At her confirmation hearing, Justice
mind them that two of the most emo- The legislative clerk read as follows: Ginsburg talked about her immigrant
tional and powerful words in the A bill (S. 4653) to protect the healthcare of experience. You see, her father was a
English language are ‘‘remember’’ and hundreds of millions of people of the United Jewish immigrant, and her mother was
‘‘imagine.’’ States and prevent efforts of the Department barely a second-generation American.
I tell them: Stop for just a moment. of Justice to advocate courts to strike down So she talked about American values,
Close your eyes and remember what the Patient Protection and Affordable Care and then she said: ‘‘What has become of
you really love about this country. Re- Act. me could only happen in America.’’
member the special moments. Remem- Mr. HAWLEY. Madam President, I Then she spent her entire career pro-
ber what your parents and your grand- now ask for a second reading, and in tecting those values that make Amer-
parents have told you about love of order to place the bill on the calendar ica the great Nation it is and the rea-
country. Remember the sacrifices they under the provisions of rule XIV, I ob- son why people come here in order to
have made. And, now, just imagine: ject to my own request. reach their full potential. It guided her
What would your children and The PRESIDING OFFICER. Objec- well in her public service.
grandkids accomplish? What would tion having been heard, the bill will be Justice Ginsburg was both an inspi-
they accomplish if they, too, are al- read for the second time on the next ration and a trailblazer in every sense
lowed to grow up in a place where lib- legislative day. of the word. After breaking through
erty and justice is for all, where they f the countless barriers thrown in her
are allowed to dream these big dreams path, she redefined what is meant to be
and then dream up a way to make ORDERS FOR WEDNESDAY, both a thoughtful jurist and a dedi-
those dreams come true? These are SEPTEMBER 23, 2020 cated public servant.
things that are valued above all else. Mr. HAWLEY. Madam President, I Let me just briefly go over some of
Of course, as we look at our past and ask unanimous consent that when the her incredible accomplishments: first
we remember, we look at the future, Senate completes its business today, it in her undergraduate class at Cornell
and we know that in finding common adjourn until 10 a.m., Wednesday, Sep- University, first female member of the
ground—when we find common tember 23; further, that following the Harvard Law Journal, graduating first
ground—we see potential, and potential prayer and pledge, the morning hour be in her class at Columbia Law School,
gives us hope. I like to say that hope is deemed expired, the Journal of pro- first female professor at Columbia Uni-
staking a claim on an action, on a goal ceedings be approved to date, the time versity to earn tenure.
that you are going to achieve. for the two leaders be reserved for their Justice Ginsburg directed the ACLU
So it is my fervent hope that we will use later in the day, and morning busi- Women’s Rights Project and argued six
continue to stand on our constitutional ness be closed; finally, that following landmark cases before the Supreme
principles and that we will defend the leader remarks, the Senate proceed to Court, winning five of those cases.
foundation of this Nation that has executive session to resume consider- These cases protected not only the
given so many Americans the oppor- ation of the Hinderaker nomination rights of women but those of many
tunity to make these big dreams come under the previous order. men who faced discrimination as well.
true. The PRESIDING OFFICER. Without As the National Women’s Law Center
I yield the floor. objection, it is so ordered. wrote about Justice Ginsburg’s death,
The PRESIDING OFFICER. The Sen- they said:
ator from Missouri. f
[Her passing] is cause for us to pause and
f ORDER FOR ADJOURNMENT honor the unparalleled mark she has left on
this country. From co-founding the ACLU’s
ORDER OF PROCEDURE Mr. HAWLEY. Madam President, if Women’s Rights Project, to bringing the
Mr. HAWLEY. Madam President, I there is no further business to come be- first case striking down a law that discrimi-
ask unanimous consent that notwith- fore the Senate, I ask unanimous con- nated against women, to building the case
standing the provisions of rule XXII, sent that it stand adjourned under the that defined the standard for sex discrimina-
the Senate vote on the motion to in- previous order, following the remarks tion cases, Ginsburg was a visionary who
of our Democratic colleagues. revolutionized the gender equality move-
voke cloture on the Hinderaker nomi-
The PRESIDING OFFICER. Without ment—and the law—long before becoming a
nation at 11:45 a.m. tomorrow; further, Supreme Court Justice.
that if cloture is invoked, the Senate objection, it is so ordered. For our country, Ginsburg’s ethos was
vote on confirmation of the Hinderaker The PRESIDING OFFICER. The Sen- greater than just the law. She was an icon
nomination at 4 p.m. tomorrow; and ator from Maryland. and a living symbol of a north star, so we
that following disposition of the nomi- f must unite and do for her what she did for
nation, the Senate vote on the motion us—fight for what is right.
to invoke cloture on the Young nomi- REMEMBERING JUSTICE RUTH As a litigator, Judge Ginsburg helped
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nation. I further ask that if cloture is BADER GINSBURG to shape the law, convincing the Su-
invoked on the Young nomination, the Mr. CARDIN. Madam President, I preme Court that ‘‘equal protection of
confirmation vote occur at a time to be rise to honor the life and legacy of the law’’ under the 14th Amendment
determined by the majority leader in Ruth Bader Ginsburg. applied not only to racial discrimina-
consultation with the Democratic lead- The Nation mourns the loss of Su- tion but to gender discrimination as
er on Thursday, September 24; finally, preme Court Justice Ruth Bader Gins- well.
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S5752 CONGRESSIONAL RECORD — SENATE September 22, 2020
Justice Ginsburg herself knew dis- the passage of the Voting Rights Act foresaw and underinsured populations from the
crimination firsthand, as she struggled progress, even in Alabama. ‘‘The arc of the Trump administration’s effort to elimi-
to find a job after graduating law moral universe is long,’’ he said, but ‘‘it nate their access to affordable care. It
bends toward justice,’’ if there is a steadfast
school—notwithstanding her sterling is at risk.
commitment to see the task through to com-
qualifications. She had that difficulty, pletion. That commitment has been
This vacancy is critically important
as we all know, solely because of her disserved by today’s decision. . . . Throwing to protecting healthcare, and there are
gender. She experienced gender dis- out preclearance when it has worked and is so many other issues. Women’s repro-
crimination firsthand, and she did continuing to work to stop discriminatory ductive rights—clearly at risk. Roe v.
something about it not only for herself changes is like throwing away your umbrella Wade—I understand it is established
but for future generations. in a rainstorm because you are not getting precedent, but look at what the Su-
After serving on the U.S. Court of wet. preme Court has been willing to do in
Appeals for the District of Columbia I mentioned these cases to under- reversing precedent.
for 13 years, she began a 27-year career score the importance of the Supreme We know Roe v. Wade is in the cross-
on the U.S. Supreme Court. Court Justice in the lives of all Ameri- hairs for change by the Supreme Court,
There are so many of her decisions cans. So much is at stake in the filling and one more Justice appointed to sup-
that were so consequential, so vision- of Justice Ginsburg’s vacancy. It will port that position and a woman’s right
ary, expressing the right value, and her have real consequences on all of our of choice could very well be in jeop-
ability to express her views was un- constituents. ardy.
questioned. She did that in writing ma- Let me just give you a few examples Our most vulnerable individuals are
jority opinions, and she is well known of what is likely to be taken up by the at risk as well. Let me talk about one
for doing that in writing dissenting Supreme Court that could affect my specific group of people—some of our
opinions. So many of her dissenting constituents in Maryland and the con- immigrants. On June 18, 2020, in a 5-to-
opinions led the way for change. She stituents around the Nation. 4 decision written by Justice Roberts
was right, and she motivated change. Your healthcare is, literally, on the and joined by Justice Ginsburg, the Su-
In 1996, Justice Ginsburg wrote the line. The Affordable Care Act that preme Court held that the Department
majority opinion of the Court in the President Trump has tried to repeal of Homeland Security violated the law
finding that the all-male admissions and the Republicans have tried to re- when it rescinded the Deferred Action
policy at the State-supported Virginia peal in this body but have failed, they for Childhood Arrival, DACA, Program.
Military Institute was unconstitu- are now going to take to the Supreme There are approximately 643,000
tional. She said in that opinion: ‘‘Gen- Court. A hearing is scheduled this No- DACA recipients in the United States,
eralizations about ‘the way women vember. and approximately 29,000 are
This is a real risk for tens of millions healthcare workers, essential workers,
are,’ estimates of what is appropriate
of Americans who depend on the law
for most women, no longer justify de- whose service during the COVID–19
for their health coverage and other
nying opportunity to women whose tal- pandemic has saved lives and eased suf-
benefits. Twenty million Americans
ent and capacity place them outside fering. But for that 5-to-4 decision,
could lose their healthcare, and people
the average description.’’ Any differen- those individuals’ lives could have been
with preexisting conditions could lose
tial treatment, she concluded, must totally disrupted had they been ordered
those protections—that is 133 million
not ‘‘create or perpetuate the legal, so- to leave our country.
Americans—during the coronavirus
cial, and economic inferiority of These are individuals who know no
pandemic.
women.’’ That is what is at risk. We are talk- other home but the United States of
What a difference she made in that ing about pregnancy, cancer, diabetes, America. They are our neighbors and
decision. high blood pressure, behavioral health friends—and yet a 5-to-4 decision of the
I will always remember her dis- Supreme Court. Justice Ginsburg will
disorders, high cholesterol, asthma,
senting opinion in the Lilly Ledbetter no longer be there. This next Justice
chronic lung disease, heart conditions,
case because it led directly to change. could very well determine the fate of
and numerous others that have been
Justice Ginsburg wrote in that fiery held to be preexisting conditions. That the Dreamers.
dissent: ‘‘Our precedent suggests, and protection is in the Affordable Care LGBTQ community: In the Obergefell
lower courts have overwhelmingly Act. That is on the line before the Su- v. Hodges case, the Supreme Court, by
held, that the unlawful practice is the preme Court this November. a 5-to-4 decision, held the Constitution
current payment of salaries infected by That is why Americans are concerned guarantees same-sex couples the right
gender-based (or race-based) discrimi- that we follow the right process in se- to marry. That is a 5-to-4 decision.
nation—a practice that occurs when- lecting the next individual to serve on I always expected that, in America,
ever a paycheck delivers less to a the Supreme Court of the United we would move forward in protecting
woman than to a similarly situated States. If the Affordable Care Act is individual rights under our Constitu-
man.’’ struck down, insurers could bring back tion; that, in each Congress and each
I heard one of my colleagues talk annual and lifetime limits on coverage; session, the Supreme Court would ad-
about precedent, but here we see the adults covered by Medicaid expansion vance those rights for individuals’ pro-
Court reversing precedent in order to would lose vital health services; young tection under the Constitution of the
advance discrimination against people would be kicked off of their par- United States. The filling of this Su-
women. Her dissent led to congres- ents’ insurance; and insurers could sell preme Court vacancy could very well
sional action, becoming the first piece skimpy plans that don’t even cover es- reverse a trend of protecting rights and
of legislation signed by President sential health benefits like prescrip- deny many in our community their
Barack Obama. The text of this bill tion drugs, emergency room visits, rights.
hung on her office wall for good reason, mental health and substance use, and I could cite many, many other exam-
as it embodied her spirit. maternity care. ples of what is at risk by the Supreme
She issued a fiery dissent again in The Affordable Care Act increased Court appointment. There are many
the Shelby County v. Holder case in access to care for millions who were reasons why we believe that we should
2013, a case decided by a 5-to-4 vote of previously uninsured or underinsured. follow the proper process in selecting
the Supreme Court of the United Through Medicaid expansion, 13 mil- the next Supreme Court Justice, so
States, which gutted the Voting Rights lion low-income Americans now have let’s talk a little bit about what proc-
Act of 1965. dependable, comprehensive health. ess we should follow. Let’s talk a little
Here is what she said in that opinion: In Maryland alone, over 1.3 low-in- bit about fairness. Let’s talk about the
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What has become of the court’s usual re- come individuals depend on Medicaid, integrity of the Senate. Let’s talk
straint? including 512,000 low-income children, about living up to our own words. Let’s
Justice Ginsburg wrote in her dis- 107,000 seniors, and 152,000 individuals talk about using the same rules for
senting opinion: with disabilities. That is in Maryland. Democrats that you use for Repub-
The great man who led the march from We must protect the Medicaid expan- licans. Let’s talk about the fairness of
Selma to Montgomery and there called for sion population and other uninsured the process.
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5753
Now, I could spend a lot of time on Let the Senate honor Justice Gins- tice Ginsburg’s legacy and the future of
the floor quoting the comments of so burg’s legacy by continuing to fight for the Supreme Court, because so many of
many of my colleagues who spoke on the rights she fought for in her entire the other things that matter most to
the floor of the U.S. Senate 4 years ago career, both as a litigator and circuit us are in the balance right now with
on the Merrick Garland nomination by judge and, finally, as a Supreme Court the decisions that this body makes.
President Obama and how they spoke Justice. Americans know that the decisions of
about the importance of listening to Let us honor Justice Ginsburg’s this body as it relates to the Supreme
the voters of our Nation, how they said dying wish: ‘‘My most fervent wish is Court are going to affect some of the
we didn’t have the time—and, remem- that I will not be replaced until a new deepest issues that affect their lives—
ber, Merrick Garland was in February President is installed.’’ their economic security, their bodily
of an election year—to do this; that we I yield the floor. autonomy, their right to vote, their
needed to withhold taking up the nomi- The PRESIDING OFFICER. The Sen- civil rights, the environment in which
nation; that it was up to the voters to ator from New Jersey. we all live—and the area I most want
act first; and that this had nothing to Mr. BOOKER. Madam President, I to focus on is their healthcare—their
do with the fact that it was a Demo- rise at a time of great grief in our healthcare. The ideal of healthcare is
crat in the White House. country. We have seen 200,000 fellow fundamental to the ideals of our found-
So many of our colleagues said: If Americans perish due to COVID. In ad- ing document. You cannot have life,
there is a Republican elected in 2016 dition to that, we have seen heroes in liberty, and pursue happiness if you do
and the Senate is controlled by the Re- our Nation fall during this period as not have access to healthcare.
publicans, we would say the same well. Still, we have a heavy heart as we The next person appointed to the Su-
thing. Hold off. Let the voters have a have seen the passing of civil rights preme Court will make the kind of de-
chance. greats like C.T. Vivian and, of course, cisions that will quite literally affect
Let me quote from one of our col- our colleague in the House of Rep- the quality of healthcare and, there-
leagues. resentatives, John Lewis. fore, will affect life-or-death issues.
In 2016, Senate Republicans refused to con- In many ways, we are walking We know that over the past 6
sider the nomination of Judge Merrick Gar- through the valley of a shadow of months, this deadly pandemic has led
land, President Obama’s nominee for a Su- death, but as our fellow Americans fall, to this valley of a shadow of death for
preme Court vacancy. They would not meet it is apt that we give tribute to their our Nation and the globe and has led to
with Judge Garland, hold a hearing on his character, to the values and virtues 200,000 people perishing in our Nation.
nomination, or allow a vote for 293 days. which marked their lives, and to the This is directly affected by the
Antonin Scalia died in February 2016. Presi-
truth and ideals that they carried for urgencies of this pandemic. Millions of
dent Obama nominated Merrick Garland, a
respected D.C. Circuit Judge with bipartisan their lives and how they advanced to us Americans have lost their jobs, and 30
support, in March 2016. In the case of Justice so that we might have better lives. million Americans weren’t getting
Ginsburg’s vacancy in 2020, we are about 40 Truly, if we are recognizing those enough food to eat. Communities that
days away from a general election, and early values and those virtues, then, the were already vulnerable have been dev-
and absentee voting has already begun in passing of Ruth Bader Ginsburg is a astated by this public health and eco-
several states. By contrast, in 2016, the for- time that calls upon Americans to nomic crisis.
mal presidential primary elections had just pause and recognize her extraordinary Now, more than ever, Americans are
begun to occur when Justice Scalia died. life. She was a woman of small physical relying on our safety nets, especially
Our colleagues spoke up then and stature, but she was truly a giant when it comes to access to healthcare.
said: Look, 4 years ago, our Republican amongst us. The next Supreme Court Justice will
colleagues said not enough time, leave Even before her years as a Supreme inevitably oversee whether the Afford-
it up to the voters; we would do this Court Justice, she championed the able Care Act stays in place or not.
whether it is a Democrat or Repub- rights of Americans and the ideals we Thankfully, because of the Affordable
lican. hold so dear. She advanced the cause of Care Act and, in particular, because
Let me quote from one of our col- liberty and equality and the under- the expansion of Medicaid has hap-
leagues, the Republican leader, MITCH standing, as it says, literally, on the pened in 36 States so far, more Ameri-
MCCONNELL. This is his quote on the Supreme Court wall, of ‘‘Equal Justice cans are getting insured. And now dur-
floor of the Senate. Under Law.’’ ing this pandemic, more important
Mr. President, the next Justice could fun- This spirit that she fought for was than ever, many Americans—millions
damentally alter the direction of the Su- buttressed by her massive intellect, her of Americans—are staying insured even
preme Court and have a profound impact on acumen, her skill, and her strategy
our country, so of course—of course the
though they have lost their jobs.
that were seen in her career as a law- An article published in the New Eng-
American people should have a say in the
Court’s direction. . . . As Chairman Grassley
yer, as well as her opinions and work land Journal of Medicine in August re-
and I declared weeks ago and reiterated per- as a Justice. ported: ‘‘The ACA, having created sev-
sonally to President Obama, the Senate will She understood more, or as much as eral new options for health insurance
continue to observe the Biden rule so that anyone, that the decisions of the Su- unrelated to employment, will protect
the American people have a voice in this mo- preme Court literally have a profound many recently unemployed people and
mentous decision. The American people may impact on the daily lives of Americans, their families from losing coverage.’’
well elect a President who decides to nomi- that the decisions of the Supreme I know the difference that the Afford-
nate Judge Garland for Senate consider- Court will affect some of the most fun-
ation. The next President may also nominate
able Care Act makes, and in particular
someone very different. Either way, our view
damental ideals. It could mean the dif- the difference that Medicaid expansion
is this: Give the people a voice in filling this ference between life or death, the dif- has made, especially for communities
vacancy. . . . As we continue working on ference between economic security and like mine in the State of New Jersey,
issues like these, the American people are economic ruin, the difference between like the one in which I live, of hard-
perfectly capable of having their say on this environmental protection and devasta- working people who are still at the
issue. So [let’s give] them a voice. Let’s let tion. lower echelons of our economic nation.
the American people decide. It affects not just the balance of This is why I know what the Supreme
Senator MITCH MCCONNELL. power in institutions like the Senate Court decision could mean if it strikes
We have the McConnell rule, estab- but also the balance of people’s lives down the Affordable Care Act. Espe-
lished by the Republican leader. Let’s and their well-being at their kitchen cially right now, I know what it would
follow the McConnell rule and let the table. mean.
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American people pick the next Presi- She knew that our laws are tools Turning again to the New England
dent and Senate so they can weigh in through which we could either make Journal of Medicine, they make it
on this decision just as Senator our Nation live up to its promise for all plain, and they make it clear:
MCCONNELL argued in 2016 with Presi- or fall further away from them. It is in In the current context of millions of Amer-
dent Obama’s nominee, Merrick Gar- this context that I want to join my col- icans losing their jobs and an ongoing pan-
land, for Justice Scalia’s seat. leagues this evening in discussing Jus- demic, overturning the ACA would most
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S5754 CONGRESSIONAL RECORD — SENATE September 22, 2020
likely be devastating to patients, clinicians, unit would hit lifetime limits on care icaid during this crisis because of the
hospitals, and state economies. The very within a few months or a few weeks of Affordable Care Act. The State of Ken-
virus that has brought about record unem- being born. tucky, which the Republican leader
ployment levels is the same agent that
Gutting the Affordable Care Act, see- represents, had the highest rise in Med-
makes health insurance—and the new op-
tions created under the ACA—more impor- ing it fall as our President desires, icaid enrollment, with a 17.2-percent
tant than ever. would mean insurance companies increase from February to August.
That is the New England Journal of would go back to spending more of This is how our social safety net
Medicine. Americans’ premium dollars on admin- should work. It should be there in a
This fall, the Supreme Court of the istrative functions than actual care. crisis. When there is more disease,
United States of America will consider This Supreme Court Justice will deter- when there is more death, when there
another challenge to the Affordable mine if the ACA, or the Affordable Care is more suffering, we as a nation should
Care Act. President Trump’s Justice Act, stands or, as Donald Trump wants, show more compassion, more empathy,
Department has taken the dangerous it should fall. And if it falls, it would and more care, not less.
position that ‘‘the entire ACA . . . mean women would go back to paying We saw in 2018, when people were
must fall.’’ more for their health coverage simply asked why they were voting, why we
President Trump is trying to take because of their sex. saw a surge in turnout, it was because
away the security of the ACA, take The Affordable Care Act falling people were concerned about their
away the law that allows Medicaid ex- would mean at a time when Black and healthcare. And that was before the
pansion, take away the law that pro- Latino Americans are disproportion- pandemic. This election will be about
tects people with preexisting condi- ately dying of this virus, reversing the many things, but most people will
tions and allows them to have gains of the Affordable Care Act has know that this is an election about the
healthcare—the law that, literally, made in narrowing those disparities security of healthcare.
medical professionals are saying is sav- now, we would see those communities One President says, again, and I
ing lives today. with less coverage, less care, less ac- quote: Let it fall. Another wants to
And now here we are debating a deci- cess, less justice. preserve it and put people on the Su-
sion of whom we should put on the Su- Donald Trump tried to influence the preme Court who will defend it as fun-
preme Court. Will we put another—a Court, putting a person on who reflects damentally in line with our constitu-
third—Trump appointee on the Su- his views and his values. Donald Trump tional ideals—life, liberty, and the pur-
preme Court, one that reflects his val- wants the ACA to fail. If he is success- suit of happiness. That is the jeopardy.
ues and his views, a Justice that is ful, it will mean more onerous require- That is what is at stake using the logic
likely now to tip the balance even fur- ments and barriers to healthcare ac- not of any Democrat but using the
ther, that would most likely overturn cess during a global pandemic that is logic of my Republican colleague after
the ACA and means that millions of already wreaking devastation and Republican colleague, my Republican
families in the middle of a pandemic havoc on American communities from friend after my Republican friend,
will lose their healthcare? sea to shining sea. who—I heard what they said when they
Days before an election, when my In New Jersey, my State, a repeal of denied Barack Obama a Supreme Court
colleagues, just a few short years ago, the Affordable Care Act combined with pick. I heard their words. They were
said we shouldn’t make this decision. the impact of COVID–19 would mean clear. My friend, the head of the Judi-
This is the conclusion of colleague, 686,000 people in New Jersey would lose ciary Committee, even went as far as
after colleague, after colleague. In that their health coverage, all while dealing to say: ‘‘Use my words against me.’’
case with Merrick Garland, we were with a deadly pandemic and a reces- If it is the final year of President
months and months away from an elec- sion. Nationally, it would mean 23 mil- Trump’s term, we should wait until
tion—269 days. Now, we are mere days. lion of our fellow Americans, 23 million after the election before we put some-
It is a decision that will affect the lives people—children, adults, and the elder- one on the highest Court in the land
of millions, a decision that goes to the ly—could lose their coverage if the for a lifetime appointment. What is
core of our healthcare, our health, our ACA were repealed during this pan- this about? It is about the most sacred
well-being, our ability to afford what demic. ideals of our Nation—life, liberty, free-
should be a right for this Nation—ac- The fact is, health coverage saves dom from fear, freedom from disease.
cess to quality healthcare. lives. That is not an exaggeration. This I don’t know what to say because I
If they go forward with this Justice, is life or death. Study after study has see what is happening right now. Peo-
what will it mean? It will mean that borne this out. The Center on Budget ple speak passionately about a stand-
the Federal health centers that serve and Policy Priorities reports that the ard, defend themselves, cite historic
communities that need them the most expansion of Medicaid alone under the precedent, and then when things shift
would be gutted because that is what Affordable Care Act saved over 19,000 and they have a chance to show con-
the Affordable Care Act has done for lives between just 2014 and 2017, and the sistency and to show restraint, show
America. It would mean that people States that didn’t expand Medicaid saw allegiance to comity, show allegiance
with preexisting conditions, from asth- over 15,000 people die prematurely. to the ideals that bond us together,
ma to cancer to lasting complications That is just among adults age 55 to 64. they instead turn their backs on their
of COVID–19, could be kicked off their The Affordable Care Act—think very words. Instead, they betray the
coverage at a time when they are more about the lives saved. Think about principle and rule that they set in
vulnerable than ever. That is what this those who did not have Medicaid ex- place.
decision is about. pansion and the lives lost, our fellow If it was just politics, that would be
It would mean that many seniors who Americans. Life, liberty, and the pur- one thing, but what is at stake is the
are already living paycheck to pay- suit of happiness. Life, liberty, and the healthcare of Americans. There are
check would have to pay more for their pursuit of happiness—that is what is at people afraid tonight. There are people
prescription drugs and more for the stake right now and before the pan- scared across our country—a parent
preventative services that they receive demic hit. with a child who has a rare cancer, an
at no cost today because of the Afford- We know that many of the people adult struggling to afford their pre-
able Care Act that Donald Trump be- who have been hardest hit by COVID–19 scription drugs, someone who is out of
lieves should fall. rely on Medicaid. Since the pandemic, a job, someone with a preexisting con-
It would mean that young adults who Medicaid enrollment in our country dition. This is not about politics. This
now, more than ever, are relying on has gone up as more people have been is about them. It is about their lives
ctelli on DSK30NT082PROD with SENATE
staying on their parents’ plan until 26 in need. It has grown for the first time and their well-being.
wouldn’t be able to do so because of the in 3 years. Because of this pandemic, Millions of Americans benefit from
Affordable Care Act that Donald more people are hurting, and more of the Affordable Care Act. By pushing,
Trump believes should fall. It would our fellow Americans are finding them- by rushing this through to get another
mean that countless babies who need selves in crisis. Across the country, Trump Justice by a President who
to spend time in the neonatal intensive more families are able to turn to Med- wants that action by Congress, who
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5755
wants the Affordable Care Act to fail, for the cause of women across America Act 10 years ago. I might say, in my
what will that mean? Where will that and, I might add, for the cause of men House and Senate careers, it is the
leave us when this decision goes to too. She made history. That job rejec- most important issue I have ever voted
that Supreme Court with three Jus- tion may have been a disappointment on. When again will I be able to help 20
tices—one of whom should have been for a day, but as we reflect on it, thank million Americans find health insur-
Barack Obama’s? goodness she was steered to another ance for the first time? When will there
Justice Ginsburg stood up for our path and used it so effectively. be another opportunity to make sure
ideals. She stood up for this belief that If you left this Chamber tonight and that health insurance sold in America
it is the little person, it is the person walked across the street to the Su- treats people fairly?
with the margins of life, it is the per- preme Court, you would find a large The Affordable Care Act eliminated
son who has been demeaned and de- group of people, as you have since last lifetime limits on payouts, which is
graded by powerful forces—that they Friday, pausing, reflecting, thanking, eminently sensible when you consider
should have equality. She fought for praying for Ruth Bader Ginsburg’s life. the skyrocketing cost of medical care
and won battles that my generation Across there tonight, they are lighting and how so many situations in life are
takes for granted. candles, dropping flowers and notes, so darned expensive. It said to people:
Her last dying wish was not about crying, commiserating, really noting You cannot be discriminated against
one President or another but that we the loss America feels. because you have a preexisting condi-
should wait until after this election. I I was struck personally by my own tion.
believe she said that not just because family’s reaction. My daughter, my I remember the day—most of us do—
of the conflicts of our time, she said daughter-in-law, and so many others when applying for health insurance was
that not just because she believed it confided in me in ways they rarely do a long list of questions, and if you hap-
was right but because she believed in about how much this woman meant to pened to just check one of those ‘‘yes,’’
the Supreme Court. She believed that them. It was time for reflection in my be prepared, because it meant you had
the Supreme Court, no matter what family and, I am sure, a lot of those a preexisting condition, and you were
the politics of our time, should be a across the United States. about to be charged a higher premium,
place that holds legitimacy in the Re- She had one last request, one dying if they would allow you to buy health
public, that America should not see wish. She handed it to her grand- insurance. Families with children who
that as a body that could be daughter and she said: Let the next survived cancer knew what that
politicalized by the behaviors of Con- President pick my successor on the Su- meant—health insurance they couldn’t
gress, so she said: Wait. preme Court. It is understandable that afford or health insurance that wasn’t
Ironically, it is the same sentiment she would do that. I know she probably available. The Affordable Care Act
that my colleagues said we should do had a hope in her heart as to who that changes that and says you cannot dis-
when Merrick Garland was nominated. person might be, but she knew, after criminate against a person because of a
Then, they were with Justice Ginsburg. the way the vacancy of Antonin Scalia preexisting condition.
I tell you, she may be gone, but they was treated by the Republicans in the When we looked at some of the pre-
should honor her in truth right now by Senate, that was the way they were existing conditions health insurance
upholding that sentiment, their senti- going to handle her situation—at least companies were boldly announcing,
ments, the very idea that could pos- we thought they would. well, of course, gender could be a pre-
sibly give us more hope—that Then, of course, Senator MCCONNELL existing condition. Women did have to
healthcare, that life, liberty, and the announced a 180-degree reversal in pay higher premiums, you know. Think
pursuit of happiness can win the day. principle—180-degree reversal. Instead of that: gender as a preexisting condi-
I yield the floor. of waiting for the election and new in- tion. That was one of the tricks to
The PRESIDING OFFICER. The Sen- auguration of the President to fill her deny coverage or to raise premium
ator from Illinois. vacancy, he made it clear that Repub- costs.
Mr. DURBIN. Madam President, I licans in the Senate are hell-bent to Then, when it came to covering your
want to thank my colleague from New fill this vacancy as fast as possible. kids, we remember what it was like—
Jersey, Senator BOOKER, for an out- What is the hurry? Why have they many of us do—when our kids grad-
standing statement from the heart. changed their position after 4 years? uated college, thought they were invin-
I think about this moment in his- Do they doubt that President Trump is cible, and took part-time jobs with no
tory. I think about the fact that just a going to be reelected? Did that play benefits.
few weeks ago, we were mourning the into this equation? Who knows. But I remember calling my daughter and
loss of John Lewis. He was a personal they are determined to do it because asking: ‘‘Jennifer, do you have health
friend, a champion and inspiration, one they have an agenda which is more im- insurance anymore?’’
of the real pillars of the civil rights portant than consistency, more impor- ‘‘No, Dad. I am just fine.’’
movement of the 1960s, who lived on to tant than honor, more important than Well, we got her health insurance,
this day and carried the torch for so principle. Their agenda is to turn back and it cost a pretty penny.
many years when it came to civil the achievements and progress made by Now, under the Affordable Care Act,
rights and equal rights. I will miss Ruth Bader Ginsburg and to leave the I could have kept my daughter under
him. American people more vulnerable in my family plan until she had reached
Now there is another loss of another their time of need. the age of 26, when she would have had
giant. Although she was small in stat- A few weeks ago, I took a poll in Illi- a better chance of having a better job
ure, Ruth Bader Ginsburg had an amaz- nois to see what the public sentiment with benefits.
ing life story. She was an extraor- might be on issues. I was a little sur- That is one of the things the Afford-
dinarily bright young woman who just prised how overwhelming the issue of able Care Act did, but the Trump ad-
asked for a chance to get a job in New healthcare still is in my State of Illi- ministration and the Republicans in
York with one of the law firms, but be- nois. As I reflected on it, it made sense. Congress have been determined to kill
cause she was a woman, they turned We wake up every day, looking for our the Affordable Care Act from the day it
her away. That lost job must have been masks, wondering how many more peo- passed. There were over 50 rollcall
a disappointment to her, but as we re- ple have died, hoping that we can pro- votes in the U.S. House of Representa-
flect on it in the history of this Nation, tect ourselves and our families. So tives to eliminate the Affordable Care
it was the biggest break we ever had healthcare is on the forefront of every- Act. They all might have passed the
when it came to the cause of women in one’s mind, and, of course, protection House, but they were not taken up by
ctelli on DSK30NT082PROD with SENATE
modern times because she went on to for your family is always your first in- the Democratic Senate.
become a law clerk, a professor, a stinct. People know that without the They waited for the day, and the day
judge, and ultimately a Supreme Court Affordable Care Act they will not have finally came. Senator MCCONNELL had
Justice. that protection. the majority, and he was setting up to
In the course of that career, she was We remember—many of us do—the eliminate the Affordable Care Act here
such a powerful and effective advocate debate in creating the Affordable Care on the floor of the Senate. I will never
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S5756 CONGRESSIONAL RECORD — SENATE September 22, 2020
forget that night or that early morn- nessing now with the Senate’s effort by in which women can be victims of pay
ing. At 2:30 in the morning, those doors the Republicans to fill this Supreme discrimination.’’
opened. John McCain, who was very Court vacancy before a new President I was a Member of the U.S. House of
sick—we knew he didn’t have long for is elected is a violation of all four—his- Representatives when the Ledbetter
this world—had just left a phone con- tory, tradition, rules, and the mutual decision came down, and I was appalled
versation with President Trump. He respect that is important in this body. that a bare majority of the Court inter-
walked to that well, and he barely lift- I hope that we can recover from it, preted the relevant statute in a way
ed that right arm that had been crip- not only for the good of the Senate but that it had not been intended. Justice
pled during his prisoner of war experi- for the good of the Supreme Court, and Ginsburg invited the Congress to fix
ence in Vietnam. He lifted it just that we can come out of this with a de- the statute to make its intent clearer.
enough to say ‘‘no,’’ and John McCain’s termination to try to put this Chamber At that time, Representative George
‘‘no’’ saved the Affordable Care Act for back on track. This is a sad and dark Miller, the chair of the House Edu-
millions of Americans. moment—a loss of a wonderful woman cation and Labor Committee, on which
Did the Republicans learn their les- who served this country so well and I served, then led the way to pass the
son? No. They decided that, if they this effort to replace her in a manner Lilly Ledbetter Fair Pay Act, and it
couldn’t win it on the floor of the that does not speak to the best in- was the first bill that President Obama
House and if they couldn’t win it on stincts and history of the U.S. Senate. signed into law in 2009.
the floor of the Senate, they would win I yield the floor. In 2013, Justice Ginsburg wrote a
it across the street with the Supreme The PRESIDING OFFICER. The Sen- scathing dissent in the 5-to-4 decision
Court. That is what this is all about. ator from Hawaii. of Shelby County v. Holder, where a
That is why Senator MCCONNELL has Ms. HIRONO. Madam President, this bare majority of the Court once again
reversed his position—a position which past Friday, our Nation lost a giant of gutted the Voting Rights Act. She
he claimed to be principled. He has re- a jurist and a champion of gender wrote then: ‘‘Throwing out
versed his position on filling the va- equality, workers’ rights, voting preclearance when it has worked and is
cancy on the Supreme Court in a Presi- rights, and civil rights. Justice Ruth continuing to work to stop discrimina-
dent’s last year and has said that he is Bader Ginsburg understood the critical tory changes is like throwing away
going to, with determination, fill this importance of the Supreme Court in your umbrella in a rainstorm because
seat. safeguarding our constitutional indi- you are not getting wet.’’
The chairman of the Senate Judici- vidual rights. Immediately after Shelby County, as
ary Committee, LINDSEY GRAHAM, who About 2 years ago, I was sitting next should have been expected, many
is a friend of mine—and I work with to Justice Ginsburg at a dinner, and we States passed voter suppression laws
him—had to explain to the American were talking about the concerns we that made it much more difficult for
people why he reversed his position had about a very divided Supreme communities of color to vote. That was
Court. She shared her concerns that we the intention of those laws that these
completely on this issue. Then he an-
would see many more 5-to-4 decisions States passed. These voter suppression
nounced last night that every Repub-
coming in the future, decisions that efforts are ongoing even as we speak,
lican Member of the Senate Committee
would roll back civil rights’ protec- and they will have a negative impact—
on the Judiciary was going to vote for
tions, workers’ rights, individual a really negative impact—on the 2020
President Trump’s nominee. You would
rights, efforts to address climate election.
have thought he would have waited In 2018, she rebuked the 5-to-4 major-
until that nominee had been an- change, and, clearly, a woman’s right
ity in Epic Systems Corp. v. Lewis,
nounced, but, clearly, it doesn’t make to choose—decisions that would harm
which allowed companies to force their
any difference. They know that who- everyday Americans.
workers to arbitrate their claims one
ever that nominee will be will be hell- As someone who had been on the
by one instead of seeking collective ac-
bent on going across the street and Court for more than a quarter of a cen-
tion in court. Why one by one? Because
eliminating the Affordable Care Act in tury, Justice Ginsburg had understood
the employer thought all of these em-
the Supreme Court. the dangers of partisan split decisions.
ployees are not going to fight us one by
That is why this issue is not just a She had spent more than two decades
one by one.
matter of debate between the highest standing up for gender equality, voting In calling the majority’s decision
ranking politicians in Washington but rights, workers’ rights, and civil egregiously wrong, Justice Ginsburg
is a matter that affects everyone rights. She was often also a key vote in noted: ‘‘The inevitable result of today’s
across America who buys health insur- upholding critical rights for everyday decision will be the underenforcement
ance, and that is just about all of us. It Americans, such as clean air and clean of federal and state statutes designed
is to make sure that health insurance water protections. to advance the well-being of vulnerable
is worth owning and will be there when Within a few years of joining the Su- workers.’’
you need it. preme Court, Justice Ginsburg had In fact, Epic Systems was one of the
I see some colleagues on the floor, written a landmark opinion in a 7-to-1 cases I brought up with Justice Gins-
and I want to yield to them because I decision that had struck down the Vir- burg when I sat next to her at dinner.
know they have their own thoughts to ginia Military Institute’s traditional I said that it was a horrible decision,
share with you, but it troubles me male-only admissions policy. She had and she said: ‘‘And I wrote the dis-
greatly what has happened to this Sen- spoken for nearly the entire Court sent.’’
ate. This big Chamber, this big room, when she had written that the differen- To honor Justice Ginsburg’s legacy,
has turned into a museum piece in tial treatment of men and women we should honor her final wish not to
Washington, DC. We don’t entertain ‘‘may not be used . . . to create or per- be replaced until a new President is in-
visitors anymore because of COVID–19, petuate the legal, social, and economic stalled. In fact, that is the rule the
but if they were to come, they could inferiority of women.’’ Senate Republicans made up in 2016.
peer down at the desks and say: Well, More recently, Justice Ginsburg’s About 1 hour after Justice Scalia died
that is where people used to stand, powerful voice had led dissents against on February 13, 2016, Senator MCCON-
called Senators, who actually legis- partisan 5-to-4 decisions. NELL announced an unprecedented new
lated. We don’t do that anymore here. In 2007, she led the dissent in rule—that the American people should
It is very seldom. Instead, we take up Ledbetter v. Goodyear Tire & Rubber have a voice in the selection of their
these partisan causes, like filling the Co., where the bare 5-to-4 majority of next Supreme Court Justice. Therefore,
Federal judiciary with ideologues and the Court had undermined the plain this vacancy should not be filled until
ctelli on DSK30NT082PROD with SENATE
violating the traditions of the Senate language ability to bring gender pay we have a new President. Then, for the
to fill Supreme Court vacancies. discrimination claims. Justice Gins- next 11 months, Senator MCCONNELL
This Chamber is just a room, but the burg took the rare step of reading her blocked President Obama from replac-
Senate is 100 people—100 people bound dissent from the bench, saying: ‘‘In our ing Justice Scalia on the Supreme
together by history, tradition, rules, view, the court does not comprehend, Court. That vacancy existed for almost
and mutual respect. What we are wit- or is indifferent to, the insidious way a year.
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5757
Back then, it didn’t take much for There are other Republican Senators Ms. HASSAN. Madam President, first
other Republicans to join Senator who stood up with Senator MCCONNELL of all, I would like to thank my col-
MCCONNELL. In fact, the rumor was in 2016 and now have changed their league from Hawaii for her remarks
that the majority leader had his Re- tune, including Senators PERDUE, just now and for her commitment to a
publican colleagues all lined up to side ERNST, BARRASSO, and CORNYN. more equal, more just United States of
with him before he even announced the The question that American people America.
so-called McConnell rule. That was should ask is, How can you trust people I rise tonight to join my colleagues
then. This is now. who don’t keep their word? in mourning the loss of Justice Ruth
Now that the tables are turned and This is an urgent question for the Bader Ginsburg.
we have a Republican President instead millions of Americans who will lose Justice Ginsburg was a brilliant ju-
of a Democratic one, Senator MCCON- their healthcare and reproductive free- rist and a persistent patriot. Her belief
NELL and his Republican colleagues are doms if President Trump and Majority in our country and her vision and
going back on their word. Within hours Leader MCCONNELL are successful in imagination as a lawyer left our Na-
of Justice Ginsburg’s death, Senator stealing yet another Supreme Court tion stronger and more just.
MCCONNELL vowed: ‘‘President Trump’s seat. As a litigator, she fought and she
Supreme Court nominee will receive a The threat this nominee poses to the won fights for women’s equality. And
vote on the floor of the U.S. Senate.’’ Affordable Care Act is not some eso- on the Court, she was a powerful voice
This is what is known as a 180-degree teric debate we are having. It is not for justice, whether in the majority or
turn—or talking out of both sides of theoretical. On November 10, the Su- in dissent.
your mouth. Of course, he is not the preme Court will hear yet another par- Throughout her career and through
only one. tisan challenge to the ACA. the final days of her life, she was a
In 2016, Senator GARDNER said: ‘‘I I have no doubt that Donald Trump powerful voice calling for every Amer-
think the next president ought to and the majority leader want a new ican to be recognized equally and to be
choose the Supreme Court nominee, Justice in place to strike down the treated with dignity, regardless of gen-
and I think it is only fair to the nomi- ACA, depriving millions of Americans der or personal circumstances, and the
nee themselves, and I think that is of their health insurance, including progress and inclusion that she helped
only fair to the integrity of the Su- millions with preexisting conditions. build throughout her life is a testa-
preme Court.’’ Yet, after Justice Gins- The more than 6 million Americans ment to both her tenacity and her un-
burg’s passing, Senator GARDNER flip- who have tested positive for COVID–19 matched legal mind. It is also an illus-
flopped, indicating that, if President will likely be deemed to have a pre- tration of what is possible in our coun-
Trump nominates someone he likes, he existing condition. Add them to the try when we reaffirm and stay true to
will vote to confirm. Americans who will be devastated if our values.
In 2016, Senator TILLIS came to the the ACA is struck down by the Trump Justice Ginsburg’s vision of what it
Senate Chamber to declare: ‘‘It is es- nominee. Our healthcare is on the line means to be an American and what it
sential to the institution of the Senate with the next nominee, regardless of means to be free changed lives. She
and to the very health of our Republic who the nominee is. helped move our country toward a
not to launch our Nation into a par- Note that the Republicans are saying more perfect union, and we have to
tisan, divisive confirmation battle dur- that every single Judiciary Republican continue her unfinished work.
ing the very same time the American is going to vote for the nominee, and Like many of my colleagues, I
people are casting their ballots to elect we don’t even know who the nominee stopped by the Supreme Court over the
our next President.’’ is. Well, obviously, it doesn’t matter weekend. It was incredible to see the
But it took Senator TILLIS fewer who the nominee is. It will be someone outpouring of sheer reverence and to
than 24 hours after Justice Ginsburg’s who is expected to strike down the see the number of people who came on
death to go back on his word and com- ACA. foot, on bicycle, in cars to pay their re-
mit to supporting the ‘‘conservative ju- After all, repealing the ACA has long spects.
rist President Trump will nominate.’’ been No. 1 on the President’s and Re- I overheard one mom explain to her
In 2016, Senator GRAHAM repeatedly publicans’ hit list. But getting rid of children: ‘‘A lot of people loved her.’’
stated: ‘‘The election cycle is well the ACA is not the only thing the Then, a couple of seconds later, she
under way and the precedent of the President is after. added for the children: ‘‘And I want
Senate is not to confirm a nominee at The President’s nominee will also op- you to understand how important she
this stage of the process.’’ pose abortion rights. So that is next on was to our country.’’
He even doubled down on his promise, their hit list. I hope we all take the time to think
claiming: ‘‘I want you to use my words Let me be clear. The future of Roe v. about the meaning of Justice Gins-
against me. . . . If there’s a Republican Wade is on the line. The future of a burg’s life and what this loss means for
president in 2016 and a vacancy occurs woman being able to control her own our country. Honoring the legacy of
in the last year of the first term, you body is on the line. Ruth Bader Ginsburg means continuing
can say Lindsey Graham said let’s let With so much at stake with this to fight for the more equal America
the next President, whoever it might nomination, the millions of Americans that she fought for throughout her en-
be, make that nomination.’’ who revered Justice Ginsburg are not tire career.
Then, a week after Justice just going to sit by and do nothing Unfortunately, though, in a week in
Kavanaugh and Dr. Ford testified be- while my Republican colleagues try to which America has reached a terrible
fore the Senate Judiciary Committee, steal yet another Supreme Court seat. milestone of 200,000 COVID–19 deaths,
Senator GRAHAM said plainly to Jeffrey In fact, they are showing up in droves the Senate majority leader and Senate
Goldberg of The Atlantic: ‘‘If an open- in front of the Supreme Court to show Republicans have made their priorities
ing comes’’—of course he was talking their support for all that Justice Gins- clear. Instead of working with Demo-
about a Supreme Court opening—‘‘If an burg stood for. crats to pass the comprehensive
opening comes in the last year of Presi- They are going to fight back, and you COVID–19 relief bill that the American
dent Trump’s term, and the primary can be assured I will be right there people so badly need, my colleagues
process is started, we’ll wait for the fighting back with them. They aren’t across the aisle are focused on using all
next election.’’ going to fall for the trumped-up jus- of the Senate’s time before the election
When my Democratic colleagues on tifications, explanations, and pretexts to rush through the President’s choice
the Judiciary Committee did what Sen- that Senate Republicans are using to for a lifetime appointment to the Su-
ator GRAHAM asked—that we hold him go back on their word. And I am con- preme Court, and they are doing so in
ctelli on DSK30NT082PROD with SENATE
to his word; we wrote a letter to him to fident that in 6 weeks’ time, the Amer- contradiction of the rules that they
stick by his word—he refused. He indi- ican people will hold them account- themselves invented in 2016, despite the
cated that he would ‘‘proceed expedi- able. fact that this election is not just immi-
tiously to process any nomination I yield the floor. nent, it is already underway with vot-
made by President Trump to fill’’ Jus- The PRESIDING OFFICER. The Sen- ers casting their ballots in States
tice Ginsburg’s vacancy. ator from New Hampshire. across the country.
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S5758 CONGRESSIONAL RECORD — SENATE September 22, 2020
Our society and our democracy rely I rise today to join my colleagues in to serve on the Supreme Court after
on the idea that all sides of political celebrating the life and legacy of a Sandra Day O’Connor. She was con-
debates will play by the same rules. hero, an icon, and a woman way ahead firmed in the Senate by a vote of 96 to
That means when any faction loses, it of her time, Justice Ruth Bader Gins- 3. She served on the Supreme Court,
does so knowing that it will have a fair burg. the highest Court in the land, for 27
chance in the next round. When that She was a trailblazer who exceeded years, standing up for equality and jus-
understanding is disrupted, it desta- all expectations and, through her ex- tice, and, as I noted, she became an
bilizes our democracy, leaving people ample, helped young people, young international icon well into her
feeling disenfranchised. It is wrong, women across this country believe that eighties.
and it produces chaos and confusion, anything and everything is possible, She did all that by never giving up,
and it demonstrates a dangerous trend. and it is my hope that this Chamber and that inspires me as we deal with
My Republican colleagues are mak- can follow in her footsteps and exceed what is in front of us right now with
ing clear that they do not think the expectations when it comes to this pre- this assault on our democracy. When
rules apply to them. It is worth taking cious democracy that we are supposed the odds don’t look that good, you
a closer look at exactly why they are to hold and that we are supposed to never give up.
violating the rules that they set for take care of. One of her important majority opin-
themselves and applied to President A few years back, my daughter Abi- ions on the Court built on her work on
Obama’s nominee just 4 years ago and gail and I got to see Justice Ginsburg— equal protection as a young attorney.
what the impact of their backward pri- and I had met her a few times—but we In United States v. Virginia, Justice
orities will be for the American people. were at an event, and we had our photo Ginsburg wrote for a 7-to-1 majority
Right now, the Trump administra- taken with her. that struck down the male-only admis-
tion’s lawsuit to repeal the entire Af- Now, as you know, Abigail was in her sion policy at the Virginia Military In-
fordable Care Act and its protections early twenties, and Justice Ginsburg stitute. So she not only wrote the opin-
for people with preexisting conditions had become a cult figure at that point ion, she got a number of Republican-
is pending before the Supreme Court in her eighties—something we all as- appointed Justices to join her.
and, as you have heard from my col- pire to—to the point where she had her When she announced the opinion in
leagues, scheduled to be argued after own hashtag. Court, she said that the equal protec-
the election. Make no mistake, rushing So we had our photo taken, the three tion clause of the Fourteenth Amend-
through this nomination is a last-ditch of us. Afterward my daughter came up, ment prohibits any ‘‘law or official pol-
effort to repeal the Affordable Care Act and she said: Mom, I got a photo of the icy that denies to women, simply be-
through the courts after failing to do ‘‘Notorious RBG.’’ I am going to put it cause they are women, equal oppor-
so legislatively for years. Even worse, on my Facebook page. But, Mom, I tunity to aspire, achieve, participate
the Republicans would undermine hope you don’t mind; I am cutting you in, and contribute to society.’’
healthcare in the midst of a dev- out. I just want one with RBG up there. That opinion was joined by Justices
astating pandemic, just when it is Justice Ginsburg literally made jus- appointed by both parties, including
needed most. tice cool for a lot of young people out Chief Justice Rehnquist, Justice San-
Invalidating the ACA will also mean there, and that legacy—that legacy, dra Day O’Connor, and Justice Ken-
that those who survive COVID–19—and, with all the people, the outpouring of nedy. It was an example of the prin-
as a result, will have preexisting condi- love and support you see at the court- ciple that guided Justice Ginsburg, in
tions for the rest of their lives—will no house—continues. her words, to ‘‘fight for the things you
longer be protected by the ACA when When people told Justice Ginsburg care about, but do it in a way that will
they seek insurance coverage. that she shouldn’t go to law school be-
Taking away healthcare from mil- lead others to join you.’’
cause she was a woman, what did she But she was also known for the opin-
lions of Americans is just one of the
do? She went to Harvard, became the ions she wrote in dissent and not only
many things at stake. Women’s rights,
first woman to work on the Harvard because she would wear what was
voting rights, civil rights, workers’
Law Review, and then went on to grad- sometimes fondly called her ‘‘dissent
rights, so much of what Justice Gins-
uate from Columbia at the top of her collar’’ when the opinion was an-
burg stood for—they are all at risk.
class. nounced at the Court.
Senate Republicans are not just intent
As has been recounted many times, In Shelby County v. Holder, a 5-to-4
on filling this Supreme Court seat;
she literally was called before the dean majority struck down important parts
they are intent on filling this seat with
of Harvard Law School, along with the of the Voting Rights Act that required
a person who will strip away some, if
eight other women who were in that jurisdictions with histories of racially
not all, of these rights.
The stakes could not be higher, and class of all of those men, and asked motivated voter suppression to seek
the priorities of the American people why they would be taking the seat of a court or Department of Justice ap-
are clear. We should follow the rules man. But that didn’t stop her. Nothing proval before changing voting laws, a
that the Republicans created in 2016. stopped her. When law firms in New process known as preclearance.
We should focus on COVID–19 relief. York wouldn’t hire her because she was Justice Ginsburg authored the dis-
And we should not confirm a nominee a young mother, what did she do? She sent, joined by Justices Breyer,
until after the next President is inau- became one of only two female law pro- Sotomayor, and Kagan, arguing that
gurated. fessors at Rutgers University where ‘‘[t]hrowing out preclearance when it
Ruth Bader Ginsburg believed in an she then wrote the brief that led the has worked and is continuing to work
America where equality would win out, Supreme Court to decide for the first to stop discriminatory changes is like
where everyone played by the same time that the Fourteenth Amendment throwing away your umbrella in a rain-
rules in liberty and justice—in fact, in of the Constitution should protect storm because you are not getting
liberty ensured by justice. It would be against laws that treat people dif- wet.’’
a good thing if all of my colleagues ferently solely on the basis of sex. After she finished reading her dissent
who have the privilege of serving in When they told her that despite her in Court, she quoted Martin Luther
this Chamber would reflect on that to expertise and her novel theories of how King, Jr., saying that ‘‘the arc of the
honor the giant we just lost. to advance equal protection, when they moral universe is long, but it bends to-
God speed, Ruth Bader Ginsburg, and told her that she shouldn’t argue equal ward justice’’ and adding her own ca-
God bless the United States of Amer- protection cases before the Supreme veat that it bends toward justice only
ica. Court, that maybe the chances would ‘‘if there is a steadfast commitment to
ctelli on DSK30NT082PROD with SENATE
I yield the floor. be better if a man would do it, what did see the task through to completion.’’
The PRESIDING OFFICER. The Sen- she do? She argued six cases in front of To see the task through to comple-
ator from Minnesota. the U.S. Supreme Court and leaves tion is part of our job as stewards of
Ms. KLOBUCHAR. Madam President, with five out of six victories. this democracy. We may not see it
I thank my colleague from New Hamp- But she didn’t stop there. She was through to completion, but the least
shire for her beautiful words. nominated as the second woman ever that we should do is do no harm, and
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5759
the most that we should do is to make and because his interest, as we know, clear that they are going to pull out all
it better. That is what she stood for, was to bring our country together and the stops to unravel the exceptional
and that is what I hope my colleagues to do everything he could in his power work of Ruth Bader Ginsburg, and they
will consider in the weeks to come. to stop the divide and to have ‘‘one na- are going to break their own rule—
As we gather here tonight, we must tion under God.’’ their own rule. It is not something that
also recognize that Justice Ginsburg’s My colleagues will have to decide was debated on the other side. They de-
work, as I noted, is still unfinished. what to do based on their own integ- cided to break their own rule per-
Many of the values that she fought rity, their own commitment to justice. taining to election-year appointments
for—equality and justice—are still at As Justice Ginsburg demonstrated, to undo the historical record of Ruth
stake. The Supreme Court will con- lawyers fight for justice. If you live Bader Ginsburg.
tinue to make decisions about equal and breathe that fight like Justice For a moment, I want to compare
rights for women, LGBTQ equality, ac- Ginsburg did her entire career, that is this to another time. When I was a
cess to clean air and clean water, fair our job, too, to fight for justice, but we young man right out of law school, I
elections, and workers’ rights. have an even more extraordinary bur- served for a number of years as co-
Just 1 week after the upcoming elec- den and that is also to uphold this de- director of the Oregon Gray Panthers
tion, the Court will hear arguments in mocracy and to keep this country to- at home. Back then, just like now,
a case challenging the constitu- gether. there were a lot of issues that were on
tionality of the Affordable Care Act Justice Ginsburg did it in her own people’s minds. Just like today, where
which could put coverage for people way, in her own life. Despite having in- there have been lists of issues miles
with preexisting conditions at risk. credibly different opinions about the long—from the rights of LGBTQ Amer-
That is what the court down in Texas law as Justice Scalia, they were true icans to workers’ rights, to the ability
held. People’s healthcare is literally on friends, and she was able to work with of every eligible American to vote, and
the line. If the Affordable Care Act is him. much more—there was a similarly long
struck down, over 20 million Americans Well, we need to see more of that list of issues back when I worked with
across the country could lose their here. It doesn’t mean that we have to the senior citizens.
health insurance right in the middle of agree on who the next President is. It I made the judgment then, because of
this pandemic because there would be doesn’t mean that we even have to spending that time with older people,
no requirement in place to protect agree on who the next Justice will be, that healthcare was far and away—far
them from being thrown off their in- but our job is to maintain stability in and away, colleagues—the most impor-
surance. this country, to bridge that divide, to tant issue because if you and your
When the stakes are this high, I urge bring people together, and to simply loved ones don’t have your health, then
my colleagues to grant what Justice let the people decide. pretty much everything else goes by
Ginsburg described as her ‘‘most fer- I think it is because of that unique the board. You can’t spend time with
vent wish’’ that she will not be re- characteristic she had of being a fight- family. You can’t achieve all you want
placed, she said, ‘‘until a new President er, of being a hero, of taking risks, of in your job. You can’t even have a
is installed.’’ Those are her dying never giving up but also doing it in a chance to walk about outside on a
words. Of course, she used the word way where people could feel that they pleasant evening like this. So
‘‘fervent’’ because that is how she ap- knew her. Even people who disagreed healthcare to me and to millions of
proached her life and her work. with her—including in this institu- Americans is far and away the most
At its core, Justice Ginsburg’s wish tion—respected her. important issue in front of this body.
is about fairness. It is about what is Well, now the eyes are on this place, Now, this is the one issue—the one
right and what is just. and it is our job to earn the respect of issue that will come up immediately
Four years ago, Leader MCCONNELL the American people. The reason we with the Trump-backed lawsuit going
created a new rule for Supreme Court have seen so many people expressing before the Court soon after the elec-
nominations. He refused to consider their grief at the steps of the Supreme tion. So make no mistake about it, and
President Obama’s nomination, as is Court and across the country is be- I know it is awfully hard to follow all
well known, of Merrick Garland to the cause of that respect. Justice Ginsburg the legalese and the procedural mo-
Supreme Court because the country opened doors for women at a time when tions. At one point my wife said—I
was 9 months from an election, and, in so many insisted on keeping them think Senator MERKLEY may have
his words, ‘‘the American people should shut, and on the Supreme Court, time heard this. When my wife said she
have a voice in the selection of their and again, she made the case for jus- would marry me, she said: You are a
next Supreme Court Justice.’’ tice. lawyer, not probably a particularly
So here we are, 42 days until the For a woman of so many firsts, it is good one, but I am sure glad you did a
Presidential election, and people have fitting that this coming Friday she will good job for the senior citizens. It is
already started voting. They are voting be the first woman to lie in state in the hard to follow all the legalese and all
in my State not only by mail, as we U.S. Capitol. So let’s remember her the procedure.
speak, but also in person at early vot- fight, her legacy, and her fervent When you set aside all of that sur-
ing places all across our State. wish—all of us—about securing equal- rounding the fact that healthcare will
It is our Republican colleagues that ity, fairness, and justice for every per- be the one issue coming up imme-
set that precedent, and now they must son in our country. diately with the Trump-backed law-
follow it. I yield the floor. suits soon after the election, tonight
Tonight, I urge my colleagues not to The PRESIDING OFFICER. The Sen- we say to the American people that
fill this vacancy until the American ator from Oregon. healthcare in America is at stake. The
people have voted. People are deciding Mr. WYDEN. Madam President, as Affordable Care Act is at stake, and
right now who should be President. If our colleague just said tonight, you coverage for 130 million Americans
you go back in history, the only time a can’t even remember any other mem- with preexisting conditions is at stake.
Justice died this close to the election ber of the Federal judiciary who be- If you don’t trust Republicans with
was during the time of Abraham Lin- came a cultural icon, recognized only your healthcare, you cannot trust Re-
coln, when Justice Taney died who was by their initials. RBG did, and she publicans with this Supreme Court
sadly, infamously, known for writing earned her recognition and her place in seat.
the Dred Scott opinion. He died the history through an astounding career Donald Trump and the Justice De-
closest to an election of anyone until fighting for gender equality, for the partment are suing to have the entire
ctelli on DSK30NT082PROD with SENATE
Justice Ginsburg. rights of LGBTQ individuals, and for Affordable Care Act thrown out—every
And what did Lincoln do? He waited the rights of everybody who had been last bit of it thrown out. So I just want
until after the election, until after he pushed to the margins of American so- to walk through what this means from
saw if he won, until after he knew what ciety. sea to shining sea.
the makeup of the Senate was. He MITCH MCCONNELL and Donald Trump If they are successful, the ironclad
didn’t do it because he was a wise man have now, unfortunately, made it very guaranteed coverage for preexisting
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S5760 CONGRESSIONAL RECORD — SENATE September 22, 2020
conditions is gone; the ban on discrimi- er he might have a last-minute change healthcare that woman—that woman—
nation against women is gone; the ban of heart, but he made his goal clear. He says she needs.
on annual and lifetime limits, gone; said: ‘‘We want to terminate Even today, just a few hours ago,
coverage for young people on their par- healthcare under ObamaCare.’’ That Senate Republicans dusted off a dec-
ents’ plans, gone; guaranteed essential was in May. ades-old anti-science battle against the
benefits for all with coverage, gone; no- Hospitals in COVID–19 hotspots safe and mainstream reproductive
cost contraceptives for women, gone; around the Nation were full of Ameri- health medication formerly known as
cheaper prescription drugs for seniors cans at that time who were dying alone RU486. The bill they proposed, which
on Medicare, gone; Medicaid coverage amid a global contagion that had shut Democrats have blocked, comes down
for millions and millions of Americans, down our country. Not even a nation- to a backdoor ban on safe and legal
gone. Most importantly, colleagues, be- wide public health disaster could get medication for reproductive
cause of the Affordable Care Act, mil- Donald Trump to reconsider his posi- healthcare. Major new regulations re-
lions of Americans can go to bed to- tion on the Affordable Care Act. strict women’s access to essential,
night knowing that they will have se- If Donald Trump wins the Supreme time-sensitive medications, putting
cure, decent healthcare when they Court case, having had the coronavirus the government right in between
wake up in the morning. If the Trump will be a preexisting condition, and in- women and their doctors. This is
lawsuit is successful, that, too, will be surance companies can use it to dis- wrong, wrong, wrong. It was wrong
gone. That is the Trump agenda on the criminate against you. when Republicans were waging the
Affordable Care Act—ripping it out by It obviously goes without saying that same ideological battle 30 years ago
the roots no matter how much pain is the Trump agenda would leave Amer- and wrong when you now try to take
inflicted on the American people. ican healthcare in ruins. He has fraud- away women’s reproductive healthcare
By the way, I made mention of the ulently promised a new and com- choices, because more women will die.
Gray Panthers. Let’s understand. In prehensive healthcare plan. We stopped What sense does it make to bring this
this country, we always love to move counting after 9 or 10 times, but it is anti-science and anti-women’s health
forward. This is a direct trip back. The all a fraud because all this administra- proposal forward in the middle of a rag-
Affordable Care Act locked in protec- tion has done since day one is make ing pandemic?
tions for those with a preexisting con- healthcare worse and more expensive Today, the country crossed a horren-
dition who had faced discrimination. A for Americans. dous milestone—200,000 American lives
victory for Donald Trump in court I have tried to point out that even lost to COVID–19. All that mass death
means you turn back the clock to the Medicare is headed for a crisis because and suffering. Republicans aren’t work-
days when healthcare was for the of Donald Trump and his incompetent ing across the aisle to close the short-
healthy and wealthy because that is administration. He knew the age gap on personal protective gear or
what you have if you allow discrimina- coronavirus was highly contagious and expand access to care; they are busy
tion against those with preexisting a lethal pandemic, but he denied it for spending time waging an endless cam-
conditions. weeks and weeks while the virus spread paign against women getting
In 2017, the President tried and failed nationwide. When the pandemic even- healthcare.
tually exploded, the economy shut With the passing of Justice Ginsburg,
to get the Congress to repeal the Af-
down, and that has been devastating, the campaign reaches a new stage. In
fordable Care Act, so he couldn’t get it
as I have pointed out, to the finances of my view, it is not just a question of
done. My colleagues here, Senator
Medicare. The Medicare trust fund will what happens to Roe v. Wade or access
SCHUMER and Senator MERKLEY—we all
be insolvent within 4 years during the to therapies and drugs; it is about a
remember that night and John
next Presidential term. much bigger and more dangerous prop-
McCain’s hugely consequential role.
So we have said on the Finance Com- osition—government control over wom-
Donald Trump couldn’t get the Con-
mittee, where we have jurisdiction over en’s bodies. Donald Trump and the Re-
gress to repeal the Affordable Care Act,
Medicare, that whoever wins this elec- publican Party are working toward
so now he is trying to do it at the Su-
tion is going to be in charge during the that kind of government control, and it
preme Court. means government control over wom-
Donald Trump’s Department of Jus- biggest crisis Medicare has ever faced.
If Donald Trump is in charge, I believe en’s futures. That is what is at stake.
tice is bringing to the Court—along
it will be the end of the Medicare guar- That is what Justice Ginsburg fought
with dozens of Republican State attor-
antee of defined, secure, and high-qual- so hard against.
neys general—what I think is a lot of She has left, as I call it, an astound-
legal nonsense, but that might not ity benefits for the older people of this
ing legacy of fighting on the side of
matter to far-right activist judges who country. Seniors may have to figure
fairness and equality again and again
would seize this opportunity to hand a out some other way to pay for for so many people who didn’t have
big, big win to the insurance compa- healthcare, prescription drugs. power, didn’t have clout, and didn’t
nies, the drug companies, and other The bottom line is, wiping out the
have lobbies. What an American hero.
special interests at the expense of guarantee of healthcare is what the
In my view, she has made it clear for
Americans who are vulnerable. Trump agenda has always been about—
all of us here that now, to protect her
Particularly after Justice Ginsburg’s gutting the Affordable Care Act
legacy, we have an immediate, five-
passing, there is a real chance that the through regulations, bringing back
alarm, DEFCON issue, and that is
Supreme Court will hand down a par- junk insurance, and cutting access to
healthcare, healthcare, healthcare.
tisan ruling giving the President the women’s healthcare. If Donald Trump As I have been saying since late Fri-
win he wants so much over the Afford- fills the Ginsburg seat and has the Su- day night, if you don’t trust Repub-
able Care Act. If he gets to choose the preme Court totally on his side, you licans with your healthcare, you can-
person who takes the seat held by the can bet the courts will be siding not trust Republicans with this elec-
revered RBG, the Affordable Care Act against typical Americans and for spe- tion or this Supreme Court seat.
will be gone, and the Republican cial interests with every opportunity. I yield the floor.
healthcare agenda is coming, and it is Let me close simply by touching on The PRESIDING OFFICER (Mr.
coming after vulnerable Americans one other vital healthcare issue. Wom- ROUNDS). The Democratic leader.
from sea to shining sea. en’s healthcare—particularly reproduc- Mr. SCHUMER. Mr. President, I will
Donald Trump might tell you some- tive healthcare—is right at the center be brief.
thing different, but the American peo- of this debate about the future of the First, I want to thank all of my col-
ple know he doesn’t often tell the truth Ginsburg seat. Republican lawmakers leagues who have already spoken and
ctelli on DSK30NT082PROD with SENATE
about healthcare. Once in a while, the have been trying to throw that away who will speak. We have over 15 of our
truth does come out. That is what hap- after more than 45 years of settled law. colleagues talking about this issue be-
pened one day back in May, the last They have been fighting to go against cause it is so vitally important to the
day he had the opportunity to pull out the majority opinion of the American American people.
of this anti-ACA lawsuit before the people and overturn Roe v. Wade, deny- Now, let me tell you a little tale.
Court. The President was asked wheth- ing a woman’s right to access to About 40 or 50 years ago, after Barry
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5761
Goldwater lost for the Presidency, led by some very narrow, greedy people One of the tactics she undertook was
some of the hard-rock conservatives re- who don’t want to pay any taxes and to argue cases where men were being
alized that they had to create some- who don’t want any government regu- discriminated against because they
thing that would help them realize lation. They are rich and powerful. were men, and by winning those cases,
their goals, and it gradually grew and They don’t want anyone interfering she established a principle where nei-
grew and grew and by 1980 was very with any of that. ther men nor women could be discrimi-
strong with the election of Ronald We will rue the day—rue the day— nated against.
Reagan. that we add another hard-right Fed- There is the Frontiero v. Richardson
At that point, these conservatives re- eralist Society-approved jurist to this case in 1973, where a female Air Force
alized that their views would never be Supreme Court, and America will have lieutenant sued to get the benefits for
enacted by the elected branches of gov- a very, very difficult time recovering. her husband that a male member of the
ernment—the article I branch and the I urge my Republican colleagues, who military would normally get for his
article II branch—because their views know the hypocrisy of saying to wife. By winning that case, she opened
were so far to the right of not only the Merrick Garland ‘‘You shouldn’t go the door to the concept, the principle,
average American but even the average forward’’ but to this new nominee ‘‘You that gender discrimination is not ac-
Republican. They realized that the one should,’’ for the sake of this body, for ceptable under our Constitution.
way they could move America in their the sake of the country, for the sake of She put forward and argued the case
hard-right direction was the courts, progress, for the sake of the viability of Weinberger v. Wiesenfeld in 1975 just
the nonelected branch. They endeav- and forward advance of our citizenry, 2 years later, again, arguing for a man
ored to place, through many different think twice—think twice. who, as a spouse, was denied Social Se-
organizations—at the top of the list, It is going to be a sad day in America curity benefits that were available to a
the Federalist Society, but many oth- and will lead to very bad consequences woman as a spouse and, by winning
ers—these people, many of whom they for this country if a solid, hard-right that case, more deeply established the
had cultivated since they were in law majority on this Court is able to rule premise that under our Constitution,
school, on the bench. over our lives. you cannot discriminate on gender.
This vacancy caused by the unfortu- I hope, I pray, and I will do every- She went on to the Court and had
nate death of RBG would lock in this thing I can to see that that doesn’t many momentous decisions that she
hard-right agenda for a generation—for happen. wrote and dissents that she wrote. One
a generation. All the things that people I yield the floor and thank my col- of the cases that she wrote the major-
in America believe in could be undone league for his yielding for these brief ity opinion on was an 7-to-1 case to
by an unelected group, the Supreme moments. overturn Virginia Military Institute’s
Court of the United States. The PRESIDING OFFICER. The Sen- men-only policy, arguing that it vio-
As my colleague from Oregon just ator from Oregon. lated the 14th Amendment’s equal pro-
outlined, healthcare would be so far Mr. MERKLEY. Mr. President, I join tection clause.
away from what the American people my colleagues here on the floor tonight She wrote the following: ‘‘Women
need. to honor and pay tribute to a remark- seeking and fit for a VMI quality edu-
The right of a woman to choose. The able legal mind, an incredible Amer- cation cannot be offered anything less,
right of a woman to healthcare. The ican, an icon, an inspiration, and a under the State’s obligation to afford
ACA, which they want to repeal, which wonderful human being: Justice Ruth them genuinely equal protection.’’
will go before the Court, has protec- Bader Ginsburg, known to the younger She continued: ‘‘Generalizations
tions for women’s healthcare—gone. generation as the ‘‘Notorious RBG.’’ about ‘the way women are,’ estimates
The right of unions. This Court, even RBG was born into a world in which of what is appropriate for most women,
without such a conservative majority, few, if any, opportunities existed for no longer justify denying opportunity
pushed forward the Janus case. I be- women beyond the role of wife and to women whose talent and capacity
lieve their goal is to eliminate all mother. She helped build a world in place them outside the average descrip-
unions and make America a right-to- which the doors were opened; the doors tion.’’ And a law that ‘‘denies to
work country, as they have endeavored of opportunity were blown wide. It was women, simply because they are
to make many States right-to-work. a powerful, powerful undertaking, and women, full citizenship stature—equal
LGBTQ rights, passed because of the she was extraordinarily successful in opportunity to aspire, achieve, partici-
courageous actions of Justice Kennedy, it. pate in and contribute to society,’’ vio-
could be evaporated. She graduated from high school at 15. lates the equal protection clause. Eight
Climate, dealing with climate She went on to college. She went on to to one, that is a massive victory.
change—we could see the Clean Air law school. She graduated in a class of I thought it was very interesting, the
Clean Water Act eviscerated by this 500 students, and she tied for first in point she often made in her dissent.
new rightwing Court. her class in 1959. I was 3 years old at The Supreme Court decided in the 2007
Voting rights—one of the most awful that point. case of Ledbetter v. Goodyear Tire &
decisions, the Shelby decision, led by Then she applied for jobs, and she Rubber Co.—the majority said: Do you
Chief Justice Roberts, where they said faced the discrimination of ‘‘You are a know what? If you have been discrimi-
‘‘Oh, there is no more discrimination in woman, so we cannot hire you at our nated against in pay in your job, and
America; we don’t need the Federal corporate law firm.’’ you learn about it years later, you can
Government to protect voting Then she applied for clerkships with no longer appeal for redress because
rights’’—undone, and we have seen the Supreme Court, and the Supreme you would had to have come to the
what happened throughout the country Court Justices said: You are a woman, Court at the moment the discrimina-
since then. and our doors are closed to you. tion first occurred. Of course, that was
And civil rights—just about anything Perhaps this was a fortuitous mo- a catch-22, an impossible situation. If
that this country has made progress on ment because she went on, therefore, you didn’t know about it, you couldn’t
and holds dear—will be undone by this to take on a job as professor at Colum- possibly come to the Court. She ad-
new Court. bia University and from that to lead dressed this, and she said: The major-
This is not just a political debate be- the Women’s Rights Project at the ity does not ‘‘comprehend, or is indif-
tween Democrats and Republicans. I ACLU. As director of the ACLU Wom- ferent to, the insidious way in which
tell the American people: Everything en’s Rights Project, she argued six women can be victims of paid discrimi-
you need and want—just about every- landmark gender discrimination cases nation.’’ So she called on Congress to
ctelli on DSK30NT082PROD with SENATE
thing—will be taken away inexorably, before the Court. Plain language, great act to address, really, this mistaken
month after month, year after year, de- heart, brilliant logic, and considerable opinion of the Court. And we did so in
cision after decision, by this new legal tactics went into winning five of 2009, the first year I came to the Sen-
Court, which, as my colleague from those six cases—an incredible record ate.
Rhode Island has ably documented, has for anyone who has appeared before the There is another dissent that I think
been put forward by a hard-right group Court. was powerful: Shelby County v. Holder.
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S5762 CONGRESSIONAL RECORD — SENATE September 22, 2020
The majority struck down Voting documentary, it made this quote fa- Eventually that fell before the Court,
Rights Act protections against voter mous for a generation. so then they pursued the development
suppression and intimidation, arguing I was struck by this sign, which I of the supermajority blockade of deci-
that those things no longer exist. It is thought basically summed up her en- sions being made in this very Chamber,
as if you have a penalty for robbery tire efforts on women’s rights. It is a on behalf of racism. The supermajority
that is so effective that everyone quits quote of hers that says: ‘‘Women be- was forged in the fires of racism. For 87
robbing, so you get rid of the law; the long in all places decisions are being years, no law was blocked by this
Supreme Court strikes down the law made.’’ You can see at the end the mas- Chamber, by the supermajority, except
that says that robbery is an offense. It sive number of flowers and signs people civil rights.
made no logical sense. However, in her have left in front of the Supreme Then this battle expanded. It ex-
dissent, she described it in a way we Court. panded to issues of corporate power
can all understand. She said the ruling Then I saw this, which summed up a versus consumer rights, corporate
was ‘‘like throwing away your um- young woman’s commentary on that power versus working conditions. This
brella in a rainstorm because you are principle: is where we come to the current battle
not getting wet.’’ I grew up never knowing there was a glass between the Federalist Society weigh-
The foundation she laid on gender ceiling because of you. Thank you, RBG. ing in on behalf of government by and
discrimination created the foundation So we mourn her loss. She was a for the powerful versus those who be-
for similar arguments to end LGBTQ champion for opportunity for all. She lieve in the vision of our Constitution
discrimination. They came to play in was a champion for so much that goes of government by and for the people.
Romer v. Evans, where the Court over- to making this world a better place for So we have lost Ruth Bader Gins-
turned laws around the country that ordinary people—ordinary people— burg, who honored our constitutional
criminalized gay sex, or Obergefell v. which brings us to the challenge we vision, and we have a President and a
Hodges, the case that established mar- have before the Court because realize majority in this Chamber who are in-
riage equality, or the case of Bostock that the Supreme Court has become a tent in packing the Court on behalf of
v. Clayton County, decided this year, very powerful, nine-member, ap- the wealthy and powerful.
pointed-for-life superlegislature. There is at this moment just tremen-
that banned employment discrimina-
It is not calling balls and strikes any dous damage being done to the integ-
tion against LGBTQ workers. So her
longer—no. It is a setting for a pitch rity of this body because the same
arguments reverberate in continuous
battle between the original vision of party in the majority 4 years ago said:
ways.
Losing her is a very powerful and dif- our country—‘‘we the people’’ govern- We have a principle—the McConnell
ment or, as Lincoln said, government rule—that if a seat becomes vacant
ficult moment because of her cham-
of, by, and for the people—and a dif- during an election year, we must listen
pionship of opportunity in this coun-
ferent vision for our country; a Fed- to the people and let them decide
try. So on Sunday night, I went down
eralist Society vision for our country; whether the current President or a dif-
to the Supreme Court. I had thought
a vision of, we the powerful minority ferent President decides. Will it be the
about it on Friday night when word
want to control the government for our Republican nominee or the Democratic
passed of her dying. On Friday night, I
own benefit. That is the battle that is nominee?
thought: It is going to be a scene of They took that vote, and they went
confrontation, of people with bull being waged on the Court. Is it govern-
with it. Many spoke out in favor of it,
horns yelling at each other and con- ment by and for the people or govern-
of the principle. Many said: This is the
fronting each other. That doesn’t fit ment by and for the powerful? absolute right thing to do—even
how I want to honor her. And I thought This has been a battle that has been
though it was the first time in U.S. his-
on Sunday night: I need to go and be at waged since our 1787 Constitution. In
tory that this body did not debate the
the Supreme Court. I was so relieved to 1781, we had our first Constitution, the
nomination or vote on the nomination,
find that there was not a scene of con- Articles of Confederation, and the mi- breaking the protocol of our entire his-
frontation; there was a scene of hun- nority view of the White, wealthy, pow- tory in order to steal a Supreme Court
dreds of people coming to honor her erful South was protected by a require- seat from President Obama and pass it
championship of opportunity in our ment for a supermajority in that first on to the next President.
country, the role that she played for so Constitution, the Articles of Confed- So here we are, 4 years later, much
many so often as an advocate and as a eration. deeper into an election year. In fact,
Justice. The Founders said: This isn’t govern- the election has already started, with
This is a piece of what it looked like, ment by and for the people. This is not many absentee ballots having been de-
although you have to kind of multiply government by and for the people—no. livered, having been voted, having been
the flowers and everything you see The majority will is the power of gov- returned. So any form of integrity
over a huge expanse. This is just a ernment by and for the people. would be to honor the McConnell rule
small portion of it. So that was embodied in the Con- from 4 years ago and say: What we did
I was very struck by watching people stitution we have now, that vision of 4 years ago was principled. We said we
kneel down to write with chalk— ‘‘we the people.’’ believed in it. It helped out the Repub-
women, men, boys, and girls—to say That minority from the South, want- licans enormously, but, you know
what she meant to them, what she ing to protect slavery, said: We need what, we are principled individuals,
meant to this country, and what she strategies to prevent the majority from and so we are going to stick with the
meant to striking open the doors of op- eliminating slavery, and we have to same frame that we argued before the
portunity. make sure that there are no civil public 4 years earlier.
Then I started reading some of the rights granted to individuals of color in So I ask my colleagues, are there not
things that were being written. This is our Nation who might undermine our a whole number of you who will come
one of them. This says: ‘‘We can be- complete control of the governments at together—together—and say: Yes, we
cause she did. Thank you, RBG.’’ the State level. have integrity with the decision we
In another written sign, there was a That minority said: We are very made 4 years ago, the McConnell rule
quote: wealthy, and we don’t want any laws we argued 4 years ago, the rule that
‘‘I ask no favors for my sex. . . . All I ask that undermine our wealth, so we need gave a Supreme Court seat to Presi-
of my brethren is that they will take their a strategy to control and prevent the dent Trump and took it away from
feet off our necks.’’ Give us opportunity. people from getting fair wages and fair President Obama, for the first time
This is actually Ruth Bader Ginsburg working conditions because that means stealing a Supreme Court seat in our
ctelli on DSK30NT082PROD with SENATE
quoting Sarah Grimke of South Caro- we make less money ourselves. history? But we are going to honor
lina, born in 1792. Sarah became the So they pursued a strategy called that same principle today.
country’s first female abolitionist and nullification, a strategy that said no I ask my colleagues, search your
early pioneer of the women’s move- Federal law will have any impact on hearts. I ask, do you want to be re-
ment. When Ruth Bader Ginsburg our State unless we endorse it at the membered in this role of so fiercely ad-
quoted her in the ‘‘Notorious RBG’’ State level. vocating a principle that benefited you
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5763
then and so fiercely violating it now, merely as barriers to her obvious tal- er of our country, not because she had
to your own benefit once again, doing ents and potential but as a vicious an important title or wore a black
so much damage to the integrity of threat to our country’s full potential. robe—although, she wore it as well as
this Chamber and so much damage to She knew that any country that would anyone in the countless images of her
the vision and principle of government deny a single person’s chance to make reproduced on T-shirts and tote bags
of, by, and for the people? a contribution on account of their race and onesies, as the ‘‘Notorious RBG’’—
Let that not be the case. Let every or their gender or their religion or but because she knew where we had
Member come here to the floor and to- whom they loved will never fully flour- fallen short and dedicated her life to
gether actually hold a debate. ish. Tearing down these barriers be- calling America closer to our best tra-
We see no Members on the floor came the cause of her career. ditions of equality, liberty, and oppor-
today—Republican colleagues. Hav- She rose to become a full professor at tunity for all, because the young Joan
ing—many of them—stated that they Rutgers Law School and founded Amer- Ruth Bader knew America would be
are quite ready to violate the principle ica’s first law journal on gender issues. worse off without her.
they argued so strongly 4 years ago, we Later, she returned to Columbia Law Justice Ginsburg made America more
don’t know where they went. They are School, where she became the first democratic, more fair, and more free.
gone. They are not here. woman to hold a full professorship. She Mr. President, before I turn it over to
So let the American people call at- worked pro bono for the ACLU, co- my hard-working colleague from
tention because the American people founding their Women’s Rights Michigan who is here later than he
love our Constitution. The American Project. She quickly became one of the should be only because that is the kind
people love ‘‘we the people.’’ The Amer- most accomplished litigators in the of person he is, working so tremen-
ican people love the principle of gov- country, writing a brief the Supreme dously hard on behalf of the people of
ernment of, by, and for the people and Court cited in Reed v. Reed to rule for Michigan and the people of this coun-
do not want to see it trampled in an ef- the first time that discrimination on try—let me just say one word about
fort to sustain a massive amount of the basis of sex violated the 14th where we find ourselves in the Senate.
corporate power against the consumer, Amendment. Ruth Bader Ginsburg’s ar- I am just going to take 2 minutes to do
wealthy power against the worker, and gument led the Court to overcome cen- this.
racist power against civil rights. turies of narrow views about the proper I believe that American history can
The PRESIDING OFFICER. The Sen- role of women in American life. As a be best understood, from the very
ator from Colorado. result, the Court’s holding redefined founding of our country until now, as
Mr. BENNET. Mr. President, in the American law. an epic battle between the highest
summer of 1920, America ratified the Ruth’s accomplishments led to an ap- ideals that humanity has ever ex-
19th Amendment. This breakthrough in pointment to the prestigious U.S. pressed in our founding documents and
our history, born of decades of setback Court of Appeals for the DC Circuit, the worst instincts of human beings.
and struggle by many unremembered and in 1993 President Clinton named That is the founding that took the
women who never lived to actually cast her to the Supreme Court. Her nomina- form of the institution of slavery. You
a vote for what to us now is a self-evi- tion sailed through this body with 96 can draw a straight line from those
dent proposition that women in this votes—a reminder of a time not so very days to these days. There is no doubt in
country should have the right to vote, long ago when the Senate actually un- my mind which side of that line Ruth
moved this country one step closer to derstood its constitutional responsi- Bader Ginsburg was on.
equality. That is why I think it is so bility to advise and consent and what There is no guarantee that this coun-
fitting that, a century later, we pay that actually meant. try is going to become more demo-
our respects to the late Justice Ruth For more than a quarter-century on cratic, more fair, and more free. That
Bader Ginsburg, who, more than any- the Court, Justice Ginsburg authored took the work of suffragettes; it took
one, advanced the cause of equality be- rulings that promoted fairness, ad- the work of enslaved people like Fred-
tween men and women over her re- vanced equality, and secured hard-won erick Douglass—another founder of
markable career. rights. They upheld affirmative action this country who, in his lifetime,
Justice Ginsburg’s commitment to and protected a woman’s right to changed the entire approach of the abo-
equality was not the result of lofty choose. litionist movement to argue that the
idealism but the hard experience of her Her dissent in one gender discrimina- Constitution was not a pro-slavery doc-
life. tion case was so powerful, it inspired ument, as they were arguing at the
Thirteen years after ratification of the Lilly Ledbetter Fair Pay Act, the time, but that it was an anti-slavery
the 19th Amendment, Joan Ruth Bader very first legislation President Obama document and that we weren’t living
Ginsburg was born to a working-class signed. up to the ideals of that Constitution.
family in Brooklyn. It was the middle At the same time, she could never ac- That is another self-evident fact today,
of the Great Depression, and her father cept decisions that nullified the right to us, but it wasn’t at the time that
sold furs at a time when no one would to vote or otherwise limited our demo- Frederick Douglass made those argu-
buy them. Tragically, her mother died cratic values, even when it was hard ments.
of cancer before Ruth graduated from for some of her colleagues to perceive There is no doubt in my mind that if
school. the systemic racism in our country. we find ourselves with a 6-to-3 Court,
But these challenges, like others she When they were gutting critical pro- and we have replaced Ruth Bader Gins-
would face, did not defeat her. They tections to the Voting Rights Act, she burg not with somebody who has an ap-
didn’t prevent her from graduating had the common sense to tell them, preciation for the direction this coun-
first in her class at Cornell. They you are ‘‘throwing away your umbrella try needs to go, which is to enable all
didn’t exclude her from Harvard Law in a rainstorm because you are not get- of us to participate fairly and justly
School, where she was one of only 9 ting wet.’’ and equally in the society, but one
women in a class of 550 and had to jus- As always, she cut legal convention where the most powerful and the most
tify to the dean why she had taken the and saw with clear eyes the enduring well connected are able to get the
place of a man. She finished her law de- threat discrimination poses to our elec- courts to pay attention to them, while
gree at Columbia, where she once again tions. She knew voters still deserved working people all over this country
was first in her class, and not a single the protection of the law, and all these can’t have the basic health insurance
law firm would hire her. She applied to years later, after State after State that everyone else in the industrialized
clerk for Justice Felix Frankfurter on after State has passed laws dis- world has come to expect, we are going
ctelli on DSK30NT082PROD with SENATE
the Supreme Court, who said that, al- possessing people of important rights to be a poorer country for it.
though she was an impressive can- with respect to the right to vote, she My final point is—before I turn it
didate, he wasn’t ready to hire a has been proved right. over to the Senator from Michigan—
woman. As we reflect on her legacy in a real the fact that we got here with a major-
She understood these early firsthand sense, I would say Justice Ginsburg ity leader who has completely under-
experiences with discrimination not herself should be thought of as a found- mined any sense of integrity in this
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S5764 CONGRESSIONAL RECORD — SENATE September 22, 2020
body with respect to the rules—not For example, later this fall, the be in many States. In fact, later this
speaking personally about him—is a Court will be taking up a case pushed week, voters in Michigan will begin
real problem. It is hard for me to see by the Trump administration to com- casting their ballots.
how this place will ever make enduring pletely eliminate the Affordable Care Issues before the Court are life-
change that we need to make if the Act. The Court’s ultimate decision will changing, and Americans should have a
American people have completely lost effectively determine the fate of voice in selecting who will choose the
faith in it. healthcare for millions of Michiganders next nominee—a nominee, if con-
In MITCH MCCONNELL’s Senate, words and Americans. firmed, who will serve for a lifetime.
have lost their meaning. The rules are If the Supreme Court strikes down We can certainly wait for the Amer-
what you can get away with politi- protections in the Affordable Care Act, ican people to be heard. The selection
cally. That is the outer boundary of people with preexisting conditions will of a Supreme Court nominee can cer-
where you can go. It is moments like be at risk of losing protections pro- tainly wait until after Inauguration
this that I remind them this is not the vided under the law. Insurance compa- Day.
first Republic that has failed. When nies will again be able to go back to What cannot wait is to help millions
words lose their meaning, when prom- the days of discriminating against peo- of Michiganders and Americans suf-
ises mean nothing, when commitments ple with preexisting conditions—or fering as a result of the COVID crisis.
mean nothing, that is when institu- even dropping a person’s health cov- There is no question that the Senate
tions fail. erage entirely—at a time when people has an important duty to advise and
I, for one, hope that we will put this need healthcare the most. Sadly, being consent on nominations, but this body
era behind us and not return to some a woman could also again become a must first effectively address the un-
old era—I am not interested in that— preexisting health condition, leading precedented public health and eco-
but build a Senate that is actually wor- to higher costs and limited options. nomic crisis now confronting this Na-
thy of the 21st century, worthy of the Insurance companies will, once tion.
example Ruth Bader Ginsburg set, wor- To do so, we need to come together in
again, be able to impose annual or life-
thy of the expectations our kids and a bipartisan manner. I know it is pos-
time limits for coverage, raising costs
grandchildren have of us and that we sible. We were able to come together
and making healthcare unaffordable
have of them and of America’s place in and pass robust, bipartisan coronavirus
and inaccessible for many
the world. relief legislation in March and in April,
Michiganders. We also know that sen-
We are not going to do it this way. and I remain ready to work in a bipar-
iors on Medicare could pay more for
We can’t do it this way. We have a tisan manner again to pass meaningful
prescription drugs.
chance to make a change, and I hope legislation again.
And anyone who has arthritis, diabe- More than 200,000 Americans have
that we will. tes, or cancer—or anyone who gets
I yield the floor. lost their lives from this pandemic, in-
I say to my friend from Michigan, sick—will see their healthcare costs go cluding approximately 7,000 in Michi-
thank you for your patience and indul- up, and far too many people may be gan. The numbers are staggering. Be-
gence. forced into financial ruin and bank- hind these devastating statistics are
The PRESIDING OFFICER. The Sen- ruptcy if they get sick. In all, 23 mil- people—mothers, fathers, sisters,
ator from Michigan. lion Americans could lose their current brothers, husbands, wives, and chil-
Mr. PETERS. Mr. President, like health insurance. dren. Tragically, some are projecting
countless Americans, I am grieving the In sum, I think it is unconscionable that we could see a total of 400,000
loss of Justice Ruth Bader Ginsburg. that President Trump, along with Sen- Americans die by January.
As the second woman to serve on the ate Republicans, are attempting to un- There are steps that Congress must
Supreme Court, and the first Jewish dermine critical healthcare in the take right now to stem the tide of this
woman to do so, she was a pioneer, a midst of a once-in-a-century public pandemic. Not acting now in a bipar-
brilliant jurist, and a historical giant health crisis. And it is not just tisan way to save more lives is an un-
who blazed the trail for many. healthcare that is on the line when fill- conscionable betrayal of our duty to
When I reflect on her life’s work, I ing this Supreme Court vacancy. protect the American people. We must
think of her tireless efforts for women; Women may lose their right to their provide relief to families and workers
I think of her tireless efforts to end reproductive freedom if the seminal de- who have lost their jobs through no
discrimination of any kind; and I think cision of Roe v. Wade is overruled; the fault of their own and worry every sin-
of her tireless work to give a voice to Court may further erode protections gle day about how to keep food on the
all of those who do not have a voice. for workers and continue to undermine table and a roof over their heads.
She was fiercely committed to ensur- unions; and the Court may side with We must support small businesses
ing that justice, fairness, and equality large corporate special interests rather that need Federal funding to stay
would reign across our country. She than ensure a level playing field for afloat and to rebuild our economy after
was loyal not only to the Constitution workers. we defeat this COVID virus. We must
but to the people whose lives she knew The appointment of a Supreme Court support parents and schools trying to
would be affected by her rulings. nominee puts an awful lot on the line. ensure students can learn in a safe en-
Within hours of the announcement of Voting rights and the core principle of vironment and keep up with their stud-
her death—as Americans across the one person, one vote are on the line. ies.
country mourned her loss and paid Upholding basic critical civil rights are We must step up for communities
homage to her legacy—some, unfortu- on the line. Equality for millions of across Michigan and the United States
nately, turned their attention imme- LGBTQ Americans who seek non- that have been on the frontline of
diately to filling a vacancy and also discrimination protections is on the coronavirus response efforts. Our com-
started to scheme on how to ram line, and at stake is whether the Court munities are facing massive budget
through a nominee before election will protect our air and our water. challenges that could force deep cuts to
day—only a little over 40 days from Simply put, the Supreme Court has essential services or layoffs of teachers
now. the final word on how we address the and first responders and law enforce-
It is important to remember that our major challenges of our time. In a pow- ment officials.
constitutional democracy is built upon erful sense, it is the last line of defense Now is the time for us to rise to the
a system of checks and balances, with for everyday Americans. challenge. Americans are losing their
three coequal branches of government. With so much on the line, we should lives and their livelihoods to this cruel
The Supreme Court plays an important not rush a Supreme Court nominee pandemic. I know we can turn the tide,
ctelli on DSK30NT082PROD with SENATE
role in determining and deciding im- through what should be a deliberative but it will take political will. It is not
portant questions of law, and it rep- process. Jamming the Supreme Court too late to save hundreds of thousands
resents a core pillar of our democracy. nomination through now will, without of lives and countless jobs, but we must
Its rulings profoundly shape the rights question, further divide our country focus on effectively confronting the
and the lives of Michiganders and all and disregards the fact that the Amer- coronavirus together, and we must do
Americans. ican people are now voting or soon will it now.
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5765
Our focus should not be on rushing to I will not dwell tonight on the bla- you would expect that the big cities
fill a Court vacancy. That can, and tant hypocrisy of this action. I will had a lot of coverage gains. That is
should, wait until Michiganders and talk mostly about healthcare. But the true. At last count, Philadelphia had
the American people have had an op- hypocrisy, I think, is well known all 225,000 people who gained coverage. But
portunity for their voices to be heard these days, since Justice Ginsburg’s if you go from Philly to Fulton—Ful-
and a new Presidential term to begin. passing, by so many Republicans who ton County happens to be a small coun-
The COVID crisis is urgent, and it said just 4 years ago that it was the ty of 14,000 people on the Pennsylvania-
must be our priority first and fore- wrong thing to do, even within 10 Maryland border. They have more than
most. months in a Presidential election year, 1,000 people at last count, 1,028 people
Filling a Supreme Court vacancy can to confirm a new Justice. But here we who got healthcare through the Afford-
certainly wait, with voting already are, and that same party, those same able Care Act. From Pike County to
under way and election day only 42 Senators, on tape over and over saying Greene County, thousands of people
days away. Let’s come together in a bi- that they would not do this, are here gained healthcare. From Chester Coun-
partisan way and together do the right trying to ram through another nomina- ty to Crawford County—Chester is in
thing. tion. the southeast, and Crawford is way up
I yield the floor. By the way, when you consider the in the northwest, just south of Erie—
The PRESIDING OFFICER. The Sen- last number of months—the months of 29,000 people or almost 30,000 in Chester
ator from Pennsylvania. May, June, July, and August—this and in Crawford County, more than
Mr. CASEY. Mr. President, I want to body, the U.S. Senate, did little else 6,200. In my home county of Lacka-
thank my colleague from Michigan for but nomination after nomination and a wanna, almost 20,000 people got
outlining the stakes for the American defense bill and little else. There was healthcare. In Luzerne County next
people. door, almost 30,000. Just in those two
no action, no substantial action on a
I will start tonight with the two prin- counties, almost 50,000 people got
COVID–19 relief bill despite the chal-
ciple reasons we gather tonight on the healthcare. All of that is at risk in
Senate floor. We gather on this floor lenges our Nation faces. I guess nomi-
nations is all we are supposed to do in Pennsylvania and in countless numbers
tonight to reflect upon the life of Ruth of counties all across our country.
Bader Ginsburg, to pay tribute to her the Senate.
Here we go again on the most con- Medicaid expansion, which has en-
life of public service and to outline, as abled people to gain access to treat-
sequential nomination that a Senate
so many of our colleagues have out- ment for an opioid addiction or other
could consider. We know that the U.S.
lined tonight, what is at stake for substance use disorder issues, would be
Supreme Court has a case before it
American families in a debate about destroyed. Medicaid expansion would
that will be argued in early November
the next Supreme Court Justice. be gone. Medicaid expansion also en-
Let me start with the life of Ruth that could be the end of the Affordable
Care Act. In May, President Trump sured women can receive a full year of
Bader Ginsburg. Nothing we could say postpartum care and provided coverage
tonight would do justice to her story, laid out in no uncertain terms what he
for older Americans who are not yet el-
but her story is an American story. It wants to do to this healthcare law:
igible for Medicare. Prescription drug
is a story of hard work and struggle, a ‘‘We want to terminate healthcare
costs would skyrocket for 12 million
story of overcoming discrimination— under ObamaCare.’’ Terminate
seniors and people with disabilities.
discrimination that I and so many oth- healthcare is his goal—in the middle of
That is because the ACA closed Medic-
ers have never faced. It is also a story the worst public legal crisis in 100
aid’s dreaded prescription drug donut
of knocking down barriers for women, years, a worldwide pandemic that we
hole. The ACA closed the donut hole.
a story of defending workers fiercely, a are still suffering the effects of. We As I indicated earlier, for 135 million
story of defending voting rights, and so just crossed the 200,000 death total just Americans with preexisting conditions,
much more that we will talk about in hours ago or a few days ago at the their coverage is now in jeopardy if the
the next number of days. most, 8,000 of those in Pennsylvania. At Supreme Court decision went the
It is also a very human story, as a time when so many families have wrong way. Insurers would be able to
much as it is an American story. It is been devastated either by the virus and drop them. Insurers will be able to
a human story about her heroic bat- the suffering that comes with con- refuse to cover them or insurance com-
tles—plural—many battles with cancer, tracting the virus or a death in the panies will be able to charge them
at least two kinds of cancer, over the family—family members, deaths of more because of common diagnoses
course of 20 years. This struggle, this friends and people who folks have like depression, anxiety, asthma, dia-
heroic struggle, this battle helped to worked with—in the midst of an eco- betes, sleep apnea, and the list goes on
transform Ruth Bader Ginsburg—then nomic crisis, a jobs crisis, in the midst from there—all the things the insur-
Justice Ruth Bader Ginsburg—into an of all that, we are supposed to go along ance companies were able to do for at
American icon and an inspiration to with a process to ram through a new least a generation or more in the dark
millions of Americans. Supreme Court Justice and take no days before we had an Affordable Care
We mourn her passing, and we will, substantial action on a COVID relief Act.
in the days ahead, continue to laud her bill. Insurers would also be able to charge
extraordinary accomplishments, her So much is at stake in the Affordable you more because you are a woman, al-
achievements as a lawyer and a Fed- Care Act. I will try to go through a lowed prior to the ACA, or they could
eral appeals court judge and, of course, long list as fast as I can. We know that charge you more because of your age.
her 27 years as an Associate Justice on more than 20 million could lose cov- That also will come back. Insurers will
the U.S. Supreme Court. erage who gained coverage as a result be able to reinstate the annual lifetime
At the same time as we pay tribute of that act. We know that 135 million caps on coverage that they provide. If
to her, we have, I believe, an obligation would lose their protections for a pre- your healthcare is too expensive, the
to make it clear what is at stake, what existing condition. In Pennsylvania, insurance companies could just stop
is on the line for tens of millions of those numbers translate into 1.1 and paying for it, even if you are a preemie,
Americans. I will focus on one subject 5.5—1.1 million people gained coverage, a tiny little baby in the NICU, or an
area tonight, healthcare. We know that although that number is down now be- adult with a terminal diagnosis.
after failing to repeal the Patient Pro- cause of Republican efforts over the The essential health benefits would
tection and Affordable Care Act numer- last couple of years here in Wash- also go away. Insurers will be able to
ous times—and ‘‘numerous’’ is an un- ington. But 1.1 million gained cov- carve out benefits you need, like ma-
derstatement—after failing that many erage, and there are 5.5 million in the ternity care or mental healthcare. As a
ctelli on DSK30NT082PROD with SENATE
times, Senate Republicans, along with State with a preexisting condition. woman, you might not be able to find
the President, will try now to ram If you go down the list of counties, a plan to provide care during your
through a Supreme Court nomination which I will not do all 67 tonight, but pregnancy, unless you have insurance
that could, and very likely will, be the I just want to give you some sense of through your employer. For people
deciding vote to destroy the Affordable what it means by county. In terms of with disabilities, the ACA is obviously
Care Act and all of its protections. Pennsylvanians who gained coverage, essential.
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S5766 CONGRESSIONAL RECORD — SENATE September 22, 2020
A Court that would destroy the ACA the country that is already trying to know what to do, and who have no good
would allow for discrimination against make progress, trying to expand pro- options.
the 61 million Americans with disabil- tections. We have done that for genera- Yet now, after months of inaction,
ities—let me say that again—the 61 tions. We made an advancement in 2010 Leader MCCONNELL gets out of his of-
million Americans with disabilities when we passed the Patient Protection fice from down the hall, walks down
that have preexisting conditions. Prior and Affordable Care Act. We cannot here, makes a speech, and goes back to
to the ACA, it was routine that people allow this institution—the institution his office. He doesn’t actually do any-
with disabilities could not get health of Congress—or the Supreme Court to thing except confirm young, rightwing
insurance. Prior to the ACA, if you had destroy that act and to undermine that judges. He doesn’t do anything to help
epilepsy, autism, or spina bifida, or any American progress. people who have lost their unemploy-
disability, you could be denied cov- I yield the floor. ment. He walks down here, through
erage. You could be charged much The PRESIDING OFFICER. The Sen- these doors, and doesn’t do anything to
higher costs. A Court that strikes down ator from Ohio. help schools open safely. He doesn’t do
the ACA will be a Court that directly Mr. BROWN. Mr. President, I have anything to prevent layoffs in State
attacks the disability community. my favorite Abraham Lincoln and local governments. He doesn’t do
That is why so many members of that quotation. One day, he was in the anything to help these small businesses
community came to Washington in 2017 White House with his family and his which are closing, and some now have
and fought valiantly to uphold the Af- staff. His staff said: You have to stay made the decision to close perma-
fordable Care Act. They knew that in the White House and win the war nently, but Leader MCCONNELL is will-
their life was on the line. It wasn’t just and free the slaves and save the Union, ing to drop everything and move Heav-
an issue for them. Their life was on the and Lincoln said: No. I have to go out en and Earth to put another corporate
line. and get my public opinion bath. shill on the Supreme Court.
Prior to the ACA, there are stories I I don’t think that too many people in Leader MCCONNELL has spent the last
heard from Pennsylvanians every day— this body are getting their public opin- 6 months ignoring the pandemic, ignor-
and I am sure so many other Senators ion baths. They are not seeing the pain ing the economic crisis. Now he wants
did, as well—stories about people who, out there. They don’t seem to absorb to pack the Court—a Court that is sup-
in addition to living with disabilities that, one day in August, in my State, posed to serve the American people—
or facing a serious illness or other med- as an example, 600,000 people—just like with another Justice who always rules
ical needs, were worried about paying that—lost their $600-a-week unemploy- for corporate special interests and al-
their bills.
ment insurance. In Wisconsin and ways rules against workers. It will be
For so many families, this isn’t an
issue that we are going to be debating Rhode Island, for hundreds of thou- another Justice who will take away, as
in Washington—some far-off, abstract sands of people—just like that—their Senator CASEY said, Americans’
issue. This is real life for people. Moth- $600-a-week unemployment insurance healthcare in the middle of a pan-
ers and fathers will be worried that expired. They couldn’t find jobs. There demic.
their children will not have the cov- is massive unemployment in our In my State, 900,000 people have
erage they need, that their family will States. There are people who are hurt- health insurance today because of the
not be covered—worries that, if they ing. What are they to do? If you are Affordable Care Act—600,000 people be-
have not been eliminated, have been just getting by on that $600 a week and cause Governor Kasich, a Republican,
greatly mitigated by the coverage and if the money doesn’t come and if you and I, a Democrat, helped to expand
the protections of the Patient Protec- can’t find a job, what are you to do? Medicaid in Ohio. There are 600,000 peo-
tion and Affordable Care Act. How are you to feed your family? ple who have insurance because of that.
We have to ask ourselves a question There is so much anger out there and Yet we know this Court will be hearing
as the Court considers this case just a frustration and futility. People are a case to overturn the entire Afford-
few days after election day. We have to hurting. Yet President Trump and able Care Act in just a few weeks. That
ask ourselves a number of questions, Leader MCCONNELL refuse to do their insurance could be gone like that.
but certainly we should ask ourselves: jobs. We have asked them for weeks Leader MCCONNELL and President
Will the United States of America turn and months to come back here and help Trump and their special interest
the clock back on insurance, turn the us open the schools safely, to help local friends are trying to do what the Amer-
clock back on healthcare for so many communities and local governments, to ican people rejected over and over.
millions of Americans? Will we allow help unemployed workers, to help peo- They want to take away preexisting
the Federal Government, either ple who are about to lose their apart- condition protections in Pennsylvania,
through the Congress, which so far we ments—who are about to be evicted. where Senator CASEY said 5.5 million
have prevented, or through the Su- Leader MCCONNELL says he doesn’t people have preexisting conditions. In
preme Court or any Federal court—will have a sense of urgency, and President Ohio, 5 million people—essentially half
we allow a Federal Government entity Trump just turns his back and makes the adult population—have preexisting
to rob people of the protections that another speech. conditions, and that was before the
they received through the Affordable Middle-class and low-income public pandemic. So we know, if this Court
Care Act, like protections for a pre- schools can’t open because MCCONNELL does what it is likely to do, especially
existing condition? Will we allow all of and Trump refuse to do their jobs. Par- if Leader MCCONNELL and President
this in the middle of a pandemic, the ents and teachers are under an over- Trump can pack the Supreme Court
worst public health crisis in a century whelming amount of stress. School dis- the way they want to with another spe-
here in America and around the world? tricts and families don’t have the re- cial interest, corporate judge, we know
Will we allow any agency or any offi- sources for the additional technology those people’s preexisting condition
cial to turn back the clock on for the safety precautions they need, so protections will be gone.
healthcare in the middle of a jobs cri- schools either open unsafely or stu- American healthcare is at stake. The
sis? We have had double-digit unem- dents need to do distance learning. American people deserve to have their
ployment in Pennsylvania for months None of that works for people. State voices heard. As Senator PETERS said,
now. They are the highest unemploy- governments and local communities people are already voting. As we speak,
ment rates we have seen since 1983, and are looking at massive layoffs, and they are casting ballots. These ballots
for a period of time this summer, they small businesses are closing in larger should count. We know what Senator
had been the highest unemployment and larger numbers, but Leader MCCONNELL and their wealthy friends
rates we had seen in more than 50 MCCONNELL and President Trump want to do. They want to award more
ctelli on DSK30NT082PROD with SENATE
years. We have a jobs crisis in the mid- refuse to lift a finger. power to themselves, and they want to
dle of a pandemic, which has caused a The stock market is back up, so they take it away from voters.
lot of people to already lose their seem to think everything is fine. They We simply can’t stand by and watch
healthcare. are just oblivious to the families. They a bunch of millionaires with good
That is not who we are if we say we are oblivious to the families who are healthcare for all—all paid for by tax-
are American. America at its best is staring at stacks of bills, who don’t payers—who still have comfortable
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5767
jobs and paychecks, while millions are stake. Women’s freedom to make their We are in a place in the Senate that
out of work, and watch them try to own healthcare decisions is at stake. is, frankly, weird, and I don’t know if
take away people’s healthcare and take Earlier today, one of my colleagues people around here have gotten used to
away their voices in their own govern- came to the floor not to try to get the this being weird, but it is weird. It is
ment. $600 in unemployment for people who not normal. In the Senate, we have es-
Think about what is at stake. If were laid off, not to try to pass more sentially eliminated legislation. We
President Trump gets his way and the help for our schools so they could open don’t do that any longer. The House
Republican majority obediently obeys safely, not to get more money for test- sends over legislation, and it piles up
Senator MCCONNELL, as they always ing; my colleague tried to pass yet an- in stacks on MITCH MCCONNELL’s desk.
do, and Senator MCCONNELL, down the other restriction on a woman’s ability We legislate, maybe, four or five things
hall, obediently obeys President to get safe, effective healthcare. in an entire session of Congress. That
Trump—meaning, if MCCONNELL and It is pretty clear where their prior- is weird. We are a legislative body. We
then almost all of the, shall we say, ities lie, and we know what we need to are supposed to legislate. Why the
spineless Members of this Senate put in do. All Americans need to speak out elimination of legislation?
place a Justice who will take away the and share their stories. Make the peo- We have smashed through and de-
entire healthcare law and take away ple who are supposed to serve under- stroyed norm after norm, tradition
the tax credits to help people afford stand what is at stake for you and your after tradition, rule after rule. Why is
health insurance—then protections for family—what is at stake by Senator that? Do people get some perverse glee
preexisting conditions will be gone. MCCONNELL’s and President Trump’s in smashing norms and traditions? Do
Ohio’s entire Medicaid expansion for inaction. There will be no help for un- people get some perverse glee in not
600,000 people—gone. The ability to employed workers, no help to open passing legislation when they are sent
stay on your parents’ insurance until schools safely, no help for local com- here to legislate? It doesn’t make any
you are 26—gone. More affordable pre- munities, no help for the Postal Serv- sense.
scription drugs for seniors from closing ice, no help to run our elections safely Then you look at those on the other
the doughnut hole—gone. Limits on and honestly. Tell people what is at side and their 180 reversal. When they
how much you pay out-of-pocket each stake. It is the public who saved the wanted to stop a Supreme Court Jus-
year—gone. This will be in South Da- ACA in 2017, and the public can do it tice, we heard about how important it
kota, in Wisconsin, in Connecticut, in again. was that, before an election, the Amer-
Rhode Island, in Ohio—all over. Free For us in the Senate, it comes back ican people got to weigh in through
preventive services, like mammograms to one question: Whose side are you on? their votes and that you shouldn’t have
and bone density screenings, will be Are we going to put money into peo- a nominee appointed to the Court in
gone. The list goes on. ple’s pockets? Are we going to help the months before an election. Here we
That is why the Affordable Care Act people pay their rent? Are we going to are, weeks before an election, and, sud-
wasn’t repealed—because the American finally mobilize America’s vast manu- denly—whoop—180. Why the hypocrisy?
public knew what it did for them, and facturing talent and ingenuity to Did someone come and do one of those
they said to their elected officials: produce the tests and the N95 masks hypnosis parlor tricks on people so
Don’t repeal it. Yet now we are going and the other equipment we need and they would suddenly do the opposite
to have legislation from the bench. All do what Senator BALDWIN advocates, thing from what they wanted to do?
of these conservatives on the Court which is to ‘‘buy American’’ with these What is the explanation for the
love to talk about just being constitu- products? Are we going to get support elimination of legislation? for the
tional, just being traditionalists and for our schools and our small busi- smashing of norms and traditions? for
strict constructionists. No. They want nesses and our local communities or is the reversal of the precedent on imme-
to legislate from the Court. They want the Senate going to follow the Trump- diate preelection confirmations? We
to undo what this body did and then re- McConnell plan? That means to come are even seeing intense support for a
fused to undo. out of your office, to walk down the Supreme Court nominee when we don’t
That is what is at stake. Five million hall, to open these doors, to go to your even have a nominee.
Ohioans who are under the age of 65 chair, to make a speech, and try to There is a phrase about a pig in a
have preexisting conditions—as I said, confirm another conservative lifetime poke. You are not supposed to buy a
half the population of our State before judge. Yet don’t worry about unem- pig in a poke. You are not supposed to
the coronavirus. ployment. There are only 600,000 people buy a piglet in a bag when you haven’t
It is not just healthcare. It is the in my State and only millions around had a look at the piglet to see what is
ability to vote. It is workers’ protec- the country who don’t know what to do in there.
tions on the job. We know at a packing because they have lost their unemploy- We haven’t seen the look at what-
plant in the Presiding Officer’s State— ment. Don’t do anything about opening ever—to use the analogy the piglet in
at Smithfield, a plant and a multibil- schools safely. Don’t provide any dol- the bag would be. Yet everybody is al-
lion-dollar company that is owned by lars for local school districts. Don’t ready lined up to support getting that
the China Communist Party—it had help small businesses. person through quick, quick, quick.
1,290-some workers who were diagnosed Is that what we are going to do? Is That is not normal. That is weird. Peo-
with the coronavirus. It was the first the Senate going to follow that Trump- ple don’t ordinarily express their sup-
time the administration ever did any- McConnell plan? They do nothing port for nonexistent nominees.
thing to any company whose workers there, but then they think: Let’s do So what explains all this weirdness?
had gotten sick with the coronavirus. something. We will drop everything to What I think explains all this weird-
They fined this multibillion-dollar grab more power for our wealthy ness is that a very, very powerful group
China Communist Party company, friends. of very, very big special interests has
Smithfield, in the United States, and People are tired of feeling like no one glommed itself together and over
South Dakota fined it $13,000. That is is on their side. Let’s actually listen to years, over decades, has built up an ap-
$10 for every sick person, for every sick the people whom we serve. Let’s make paratus specifically to control the
worker. Those are the kinds of people sure their votes count. Court—specifically.
you will see on the Supreme Court. I yield the floor. If you look at the Washington Post
They will be protecting those compa- The PRESIDING OFFICER. The Sen- report on Leonard Leo and his Fed-
nies. ator from Rhode Island. eralist Society perch and the bizarre
The freedom to organize a union is at Mr. WHITEHOUSE. Mr. President, I little web of front groups that he has
ctelli on DSK30NT082PROD with SENATE
stake. The progress we have made on stand in a distressing place of speaking woven around that perch, you will see
equality, on civil rights, and on after Senator BROWN, of Ohio, and be- that they have documented more than
LGBTQ equality is at stake. Whether fore Senator BLUMENTHAL, of Con- $200 million flowing through that
we can bring racial justice to our jus- necticut, but I am delighted to be here setup—more than $200 million.
tice system is at stake. America’s pri- tonight because the issues are so im- So here is how it works right now:
vacy rights in the digital age are at portant. When you have a Republican President,
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S5768 CONGRESSIONAL RECORD — SENATE September 22, 2020
the President doesn’t pick the nomi- that they would have a veto or a voice Do you think you could get a bill
nee; a special interest group picks the in who got on the Supreme Court? That through the House and Senate—even
nominee—the Federalist Society. is a ridiculous proposition. controlled by Republicans—that al-
Trump said so. That is where he got his It doesn’t end there. Once the Fed- lowed unlimited corporate special in-
list. His lawyer Don McGahn said so. eralist Society has selected the nomi- terest spending in elections? Of course
He said he was in-sourced from the nee and once the Judicial Crisis Net- you couldn’t. It would be a ridiculous
Federalist Society. work has done its thing to support proposition. People would get laughed
Over and over again, people involved them with millions of dollars in TV ads at when they went home. There would
in the process say: We take our judicial and then they get confirmed, then be town meetings. People would throw
selection picks from the Federalist So- comes the Pacific Legal Foundation or tomatoes at them. But you put five of
ciety. And when they say that, what do the Washington Legal Foundation or the right Justices on the Supreme
they mean? The Federalist Society is the Mountain States Legal Foundation Court, and they will make it the law of
just a corporate screen. It is an entity. or one of innumerable, phony-baloney the land for you. Unlimited special in-
It does things on college campuses that legal foundations, all of which, guess terest funding. Sure, we are for that.
have think tanks here. But what does what, are also supported by dark What a great idea.
it really mean? It means that the peo- money—the anonymous money behind
Getting rid of voting rights. Dis-
ple who are putting tens of millions, the Federalist Society, the anonymous
abling the Voting Rights Act. We voted
hundreds of millions of dollars anony- money behind the Judicial Crisis Net-
in enormous bipartisan numbers to re-
mously into that organization are get- work, and then the anonymous money
authorize the Voting Rights Act. It
ting a voice or a veto in the makeup of behind these groups, which then bring
took five unelected, lifetime-tenured
the Supreme Court. They are not even carefully strategized cases before the
Supreme Court Republican Justices to
having to show who they are, and the judges who have been selected and
say: No, no, no. We know better. Rac-
Federalist Society does the screening campaigned for by dark money.
Then the dark money groups bring ism is over. We know that racism is
for them. over because we are such brilliant peo-
You don’t put tens of millions of dol- the case in. So far, the five Republicans
on the Court have been very good ple up in our little preserve in the Su-
lars into a group and not expect a re- preme Court.
sult. If you give tens of millions of dol- about lowering the standing require-
ments so that those cases get right in They found that racism was over. We
lars to a university, not only do you didn’t have to worry about it anymore.
expect your idiot kid to get into the and they can hear them. Then the case
is before them, and what do you see? Pre-clearance didn’t have to happen. It
university, but you also expect them to could never have passed. But get five
name a building after you. So if you You see a dozen phony front groups
with anonymous funding all show up as on the Court, and they did it.
are going to put that kind of money
friends of the court—amici curiae they And then, of course, terminating the
into the Federalist Society, you are
call it in court-speak. Affordable Care Act. We know that
going to want something for it. To say I did a brief recently on the Con- can’t be done by Republican-controlled
that is not rational makes no sense at sumer Financial Protection Board bodies because this Republican-con-
all. It is inconsistent with human be- case, and we showed the common fund- trolled body failed to do it. So where do
havior. ing of the other amici who showed up—
I will tell you that if you took the you go? Oh, right—to the Court, where
a dozen of them, all funded by the same we can get a 5-to-4 decision that does
names off the players and asked people
organizations. They are not separate. things that legislators wouldn’t do—
in this room ‘‘Should anonymous spe- A group called the Center for Media
cial interests with tens of millions of wouldn’t hold their nose and do. And
Democracy took a look at our brief and sure enough, what is up? November 10,
dollars to spend be able to have a voice took a look at that graph and said: You
or a veto in who gets elected to be a the argument on the case against the
know, I bet you we can improve on that Affordable Care Act.
Federal judge or a U.S. Supreme Court with a little bit of research. They put
Justice, screened through a partisan, This isn’t just a theory; this is real
their scholars and their investigators people. I have 34,000 Rhode Islanders
private organization?’’ anybody in and their researchers on it, and they
their right mind would say ‘‘No. That who have insurance through
did way better. They showed much HealthSource RI, the market that got
is unacceptable. That is preposterous. deeper connections between the funders
Of course you wouldn’t want that.’’ set up pursuant to the Affordable Care
and the phony-baloney amicus groups. Act—34,000 who get their insurance
If this were a liberal organization, What if—what if it is the same small
my Republican colleagues would be there. I have 72,000 Rhode Islanders
group of funders who are running
running around here with their hair on who get their insurance because we
money through the Federalist Society
fire about the scandal of secret donors took the Medicaid expansion. They
to select the judges, running money
deciding who is going to be on the Su- wouldn’t have insurance except for the
through the Judicial Crisis Network to
preme Court and masking themselves campaign for them, running money Medicaid expansion. I can fight in
behind a front group. through these legal foundations to tee every way I can to try to protect their
It is not just Federalist Society up the right cases to bring before the rights here in this building, but you go
money. It is not just the $100, $200 mil- judges, and then running anonymous over to the Supreme Court, and five
lion that flow through that network. money into the amici—what if it is the and now maybe six Republican Justices
Look at the Judicial Crisis Network, same big beast? It is less complicated can decide: We know better. We are
which runs the ads for these nominees than many corporate structures. They going to undo the Affordable Care Act
once the Federalist Society has se- are perfectly capable of doing it. With and take away all their protections.
lected them. It gets contributions to that kind of money behind it, you can This is going to hurt. We have all
pay for the ads. Do you know who pays bet they will line people up in this those Rhode Islanders. We have two of
for it? One person gave a $17-plus mil- building, and that explains the bizarre the best ACOs in the country in Rhode
lion contribution in the Garland v. behavior. Island—accountable care organiza-
Gorsuch row, and somebody gave an- We are not seeing bizarre behavior tions—set up under the Affordable Care
other $17 million to get the beleaguered because we have bizarre colleagues; we Act. It is a whole new way to deliver
Kavanaugh through, and somebody else are seeing bizarre behavior because we primary care. They are lowering costs.
just gave $15 million. have a bizarre force being applied in They are improving care. They are
Now, I say ‘‘somebody else,’’ but do this whole judicial selection process. It driving down their numbers. Their pa-
we know it was somebody else, or is is an apparatus, and the reason they tients are happier than ever. They are
ctelli on DSK30NT082PROD with SENATE
there a perfectly logical case to be want to do this is because if they con- changing the way they are doing care.
made that the same person gave $17 trol courts, they can make courts do They are making their patients
million and $17 million and $15 million? things Congress would never do. Even healthier at less cost, with more atten-
That is $50 million. You don’t think Republicans in Congress would never tion. It is a great experiment, and it is
that in their secret back room, wher- do the things that these special inter- going to be undone by this—not be-
ever they arrange that, they cut a deal ests can get courts to do. cause anybody voted for it but because
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September 22, 2020 CONGRESSIONAL RECORD — SENATE S5769
we crammed—with this powerful spe- same special interests that are behind ing against gender discrimination, she
cial interest apparatus behind us—peo- the big super PACs, and the big dark chose a male plaintiff who was denied
ple on the Court who will obediently do money PACs. That is why everybody Social Security simply because his
these things when you trot a dozen has to hop around here because if we wife, a woman, was the one in the mili-
phony-baloney amicus curiae in front say no to them on their selected nomi- tary.
of the Court to, all in chorus, tell them nee, then they will say: Well, we are And she knew the power of hard
what they are supposed to do. cutting you off then. You are all done. work. Her work ethic was second to
Nationally, we are a nation of, what, And when they spend tens of millions none, but her commitment to her fam-
330 million people? We are a nation of of dollars on politics, it is pretty hard ily and most especially to her husband
156 million preexisting conditions. Of to tell them: Well, we don’t care. We Marty—also a brilliant lawyer, a won-
course we are not going to throw out will stand up to you anyway. We are derful, warm human being—was leg-
preexisting conditions. Even the Presi- not going to take your money any endary.
dent, while he is litigating to throw longer. And that is the pickle we are in I was really privileged and honored
out preexisting conditions, says: I right here. That is the mess that we to know Justice Ginsburg casually, in-
don’t want to throw out preexisting are in, and we have to fix it. It is wrong formally. I knew her warmth, her com-
conditions. He knows he can’t get away to be in this position. It is wrong to be passion and caring, sometimes to her
with it. We know that it is stupid, using this space on the Court to send law clerks or other friends. I was also
wrong, and cruel, but pack the Court somebody over who is going to attack privileged to argue three cases before
with people who are listening to these basic healthcare that we fought for and her on the U.S. Supreme Court. I ar-
big special interest types? Poof. There that Congress could not undo because gued four as attorney general of Con-
goes preexisting conditions. the American people want it. necticut, and I can tell you that I
There are 11.8 million people on With that, I yield the floor. feared nobody more on that Court be-
Medicare who have saved $26.8 billion The PRESIDING OFFICER. The Sen- cause her incisive, piercing, pene-
on prescriptions thanks to the savings ator from Connecticut. trating questions cut to the core of the
in the Affordable Care Act. You would Mr. BLUMENTHAL. Mr. President, I issues. Sometimes they actually could
have to be nuts to take that away from am delighted and honored to follow my rescue an arguer from a rabbit hole
seniors, but put the right people on great colleague from neighboring that some other Justice drew the plain-
that Court over there, tell them what Rhode Island after that feisty, fighting tiff or defendant, appellant or appellee
to do through this big donor apparatus, speech, which also captures the spirit down because she would go to the heart
and suddenly—boom. Poof. Gone. Be- of Ruth Bader Ginsburg. She was deep- of what the case really concerned. She
cause they are accountable to nobody ly concerned about the corrupting im- was straight to the point.
once they are over there. It is a life- pact of money on our political system. And that is why, straight to the
time appointment. She was a longstanding critic of Citi- point now, we need to carry on the
Bridget in Tiverton is a Rhode Is- zens United, the Supreme Court deci- fight on so many of those principles.
lander. She is in her twenties. She has sion that opened the way to that dark Yes, she was an icon and a giant. She
a hip dysplasia that led to premature money that has so corrupted our sys- broke barriers from the classroom to
arthritis. She was in constant pain. In tem. the courtroom. She demonstrated cour-
her twenties, she had to have a hip re- She was a believer in closing the gaps age and conviction in her career that
placement. Well, thanks to the Afford- and loopholes because she was smart were unexcelled, but she stood for prin-
able Care Act, because her dysplasia enough and curious enough to learn ciple, and that is ultimately her leg-
and arthritis were preexisting condi- what the real facts were, as opposed to acy.
tions, she was able to get her hip re- her colleagues on the Supreme Court Maybe it is no coincidence—a sad and
placed. She is now, for the first time in who relied on the stereotypes of the po- tragic coincidence that this Nation has
her life, fully employed and pain-free. litical system that were outdated even just passed the 200,000 mark of Ameri-
She is happy. She is an ObamaCare when Citizens United was adopted. We cans who have died from COVID–19.
care success story. Why would you live in a democracy that is threatened That number is due to the administra-
want to undo that? Because you are a by exactly that dark money in every tion’s callous indifference to science,
huge special interest and you want sphere of the public square and public its cruel disregard for human life. Don-
things your way. office, never more than in our judicial ald Trump’s self-absorption has led to
Martha from Cranston was unin- system because it is even less visible countless lies about the dangers of this
sured. She had to have gallbladder sur- and more easily disguised. In part, the pandemic—the latest and most out-
gery. She ran up a $60,000 bill with no reason is that people pay less attention rageous being that it has affected no-
insurance and had to declare bank- to it. Another reason may be that the body. Well, it has affected everyone in
ruptcy. That is going to haunt her for amounts of money by comparison seem this Chamber. Think about it for a mo-
a while because we don’t let her clean smaller. The amounts of hundreds of ment. Every one of us knows someone,
up after that even if it is a medical millions of dollars seems small com- has worked with someone, has a loved
bankruptcy. But now she can get insur- pared to the billions involved in legis- one or a friend who has been affected.
ance for $283 a month, which she can lative or Executive races. But Ruth A friend of mine whose children grew
afford, rather than over $500 a month, Bader Ginsburg knew that the power of up playing with mine passed away 5
which she could not afford. So she is the dollar, whether it is judicial selec- days from getting the virus. Yet, at
now an insured person and doesn’t have tion or legislative campaigning, can be this moment when we are threatened
to worry about that kind of unexpected easily corrupted on a system that lacks with a continuing, raging pandemic in
bill and bankruptcy. limits. this country, a persistent public health
These are real people. And what is So I thank my colleague from Rhode crisis greater than any in our lifetime,
happening with these special inter- Island for reminding us about part of and an economic crisis that prevents
ests—I just don’t get it. I just don’t see the legacy of Ruth Bader Ginsburg, people from putting food on their fam-
how it is that people in this body can which was to stand for principles and ily’s table, and small businesses are
say that it is OK to have huge special people—the constitutional principles going under, we are going to rush
interests that will spend $17 million at that animated her whole life and gave through a nominee who would deci-
a lick, $50 million at a lick, $10 million breath to her matchless advocacy, the mate protections for preexisting condi-
at a lick secretly control who gets sense of righteousness that could cap- tions—which, by the way, now includes
picked to be on the Supreme Court. In ture attention in a courtroom. Even COVID–19, because COVID–19 does
ctelli on DSK30NT082PROD with SENATE
what world is that acceptable or even though it seemed to be surrounded by great damage even to survivors’ lungs
fair or an even decent way to do busi- technical legal language, she made and heart and brains and other organs.
ness? It just isn’t. It is indefensible. that language accessible to everyday It is a preexisting condition, and along
Yet that is exactly what is happening. Americans. with other benefits in the Affordable
It is the same special interests that And she chose her plaintiffs wisely. Care Act, like the ability to stay on a
fund the Republican Party. It is the When she was arguing a case or mount- parent’s coverage for a young person
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S5770 CONGRESSIONAL RECORD — SENATE September 22, 2020
up to 26 years old, all will be decimated tens of thousands of dollars each year, ing an American hero, Justice Ruth
because the Trump administration is in which they couldn’t afford, but because Bader Ginsburg. We called Ruth Bader
the Supreme Court in a case that will of the protections for people from pre- Ginsburg the ‘‘Notorious RBG,’’ and we
be argued on November 10 seeking to existing conditions, it was a life saved. called her that for a reason. She lived
destroy it. That protection for pre- Conner is in school. Conner is thriving. an inspiring and historic life, and her
existing conditions will be gone, in Conner is a fighter, just as Ruth Bader advocacy and public service changed
part because this new Justice, we Ginsburg was a fighter. Conner never America for the better.
know, is committed to eliminating it. gave up, and neither did Ruth Bader As a lawyer and a public servant and
How do we know? Because the Presi- Ginsburg. as a woman, I owe so much to Justice
dent himself has said a strong test will Conner endured the harsh reality of Ginsburg, and I know I am not alone. I
be applied. So those groups, like the physical illness and emotional trauma. join so many women in this body and
Federalist Society and the Heritage And Ruth Bader Ginsburg reached out across this Nation who will simply not
Foundation and others who do the vet- to people like Conner and offered them allow for Ruth Bader Ginsburg’s legacy
ting and screening for this administra- hope. She reached out to women and to be diminished or disrespected.
tion—the choice has been outsourced she inspired a whole new generation of Today, that means standing up and
to them—have vetted and screened women and many of us know them be- speaking out about what is at stake
that short list, and every one of them cause they are women in our families right now in this country. We are 8
you can bet has passed that test. who decided to pursue a career in law months into a global pandemic—the
The second part of that test is wom- because of her example. She was small worst public health crisis of our life-
en’s reproductive rights. Donald Trump in stature, soft in voice, but she packed time. It has taken 200,000 American
has said another part of that strong a powerful punch, even before she was souls and cost millions of Americans
test will be overturning Roe v. Wade. a rock star and a pop icon, because she their jobs and their economic security.
Now, I was a law clerk to Justice Harry Now, President Trump knew that
never gave up. She was a fighter. We
Blackmun in the 1974–1975 term right this pandemic was deadly, and he re-
cannot give up now.
after Roe was decided. So I have lived fused to take decisive action early in
We must fight for a process that is
with the efforts to overturn Roe. I have order to control the virus. He still has
fair and gives the next President and
fought against those efforts. I have no plan to this day, and he has refused
the next Senate the choice about the
seen the campaigns in the State legis- to lead. He has continued to put poli-
next Supreme Court justice. That was
latures, and they are even more tics over science, and he still insists
Ruth Bader Ginsburg’s dying wish. We
present and threatening than ever be- the virus will just go away.
should fight for that principle because In fact, this pandemic will not just
fore. it is a matter of fairness. It is a matter
The threat to Roe v. Wade is very go away, and in Wisconsin and in
of people keeping their word. States across our country, things con-
much with us. In fact, we were con- In this place, there are almost no un-
cerned even after the last Supreme tinue to get worse. As our Nation
written rules. There are no written fights this unprecedented public health
Court decision on reproductive rights rules. There are more unwritten rules,
that, in fact, Roe was in danger. Just 3 crisis, President Trump continues his
and one of those rules is people keep efforts, spanning the past 4 years, to
months ago, we held our breath wait- their word. So we need to fight and sabotage our healthcare system and
ing for the Supreme Court decision in make sure that the legacy of Ruth make it harder for people to get the
June Medical Services v. Russo, the Bader Ginsburg is upheld, that these coverage that they want and that they
latest attack on reproductive rights, constitutional principles that matter desperately need.
because we knew there was more than in the real lives of real people are Since the President took office, more
a chance that the Court could strip upheld, and we cannot give up. Her and more Americans are going without
away those rights from women across memory should always inspire us. health insurance with each passing
the country. The Court on the slim- I yield the floor. year. More than 6 million American
mest of margins upheld Roe—the nar- The PRESIDING OFFICER. The Sen- workers have lost access to their em-
rowest of legal readings. It was a land- ator from Iowa. ployer-sponsored health insurance
mark legal victory against the radical f since the very beginning of this pan-
politicians who continue to attack re- demic.
productive rights notwithstanding Roe MEASURE READ THE FIRST
TIME—H.R. 8337 Thanks to the Affordable Care Act,
v. Wade, but those principles of Roe are they have a safety net in place that al-
now more in danger than ever before. Ms. ERNST. Mr. President, I under- lows them to sign up for a healthcare
The administration and the Repub- stand there is a bill at the desk, and I plan while they are unemployed. But
lican majority, instead of dealing with ask for its first reading. right now, we should be making it easi-
this pandemic, are rushing to approve a The PRESIDING OFFICER. The er, not harder, for people to get
nominee who would decimate protec- clerk will read the bill by title for the healthcare. We should be building on
tions for women’s reproductive rights. first time. the progress that we made with the Af-
And there will be real consequences for The bill clerk read as follows: fordable Care Act by providing addi-
real people, as there are in many other A bill (H.R. 8337) making continuing appro- tional support for the navigators and
rights that would be at stake and at priations for fiscal year 2021, and for other those who provide enrollment assist-
risk—voting rights, marriage equality, purposes. ance. We should be extending open en-
gun violence protections, civil rights Ms. ERNST. Mr. President, I now ask rollment and making sure that Ameri-
and civil liberties, and protection for a second reading, and in order to cans know that they have options for
against gender discrimination, the place the bill on the calendar under the comprehensive coverage.
threat to protection from preexisting provisions of rule XIV, I object to my But, instead, President Trump has
conditions like cancer, substance abuse own request. doubled down in his support for a Fed-
disorder, diabetes, kidney disease, Par- The PRESIDING OFFICER. Objec- eral lawsuit to eliminate the Afford-
kinson’s or pregnancy, and now, for an tion having been heard, the bill will re- able Care Act completely, including
increasing number of Americans, ceive its second reading on the next the protections for millions upon mil-
COVID is most striking. legislative day. lions of Americans who have pre-
An example is Conner from Ms. ERNST. I yield the floor. existing health conditions. And, mind
Ridgefield, CT. I have spoken about The PRESIDING OFFICER. The Sen- you, a positive test for COVID–19 is a
him previously on the floor. Several ator from Wisconsin. preexisting condition.
ctelli on DSK30NT082PROD with SENATE
years ago, Conner was diagnosed with f Let me say that again. During the
Duchenne muscular dystrophy. It is a worst public health crisis of our life-
degenerative, life-threatening disease REMEMBERING JUSTICE RUTH times, President Trump and Repub-
with no cure. He was 4 years old when BADER GINSBURG licans support a Federal lawsuit to
he was diagnosed. His parents sought Ms. BALDWIN. Mr. President, I rise eliminate the Affordable Care Act com-
treatment and learned it would cost today to join my colleagues in mourn- pletely—taking healthcare away from
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