Congressional Record — Senate, September 30, 2020
Summary
A page of the Congressional Record, Senate, dated September 30, 2020, beginning at page S5902, in a long document. The Senate resumes consideration of H.R. 8337, making continuing appropriations for fiscal year 2021, with McConnell Amendment No. 2663 and No. 2664 pending. Under the heading Nomination of Amy Coney Barrett, Mr. Thune says the President announced his nominee to fill the Supreme Court seat left by Justice Ginsburg, quotes letters of support signed by Judge Barrett's Notre Dame colleagues and Supreme Court clerks, and criticizes Democratic attacks on her religious faith. Near the end, remarks discuss the disability insurance program and preexisting conditions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record — Senate, September 30, 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-29-crec-2020-09-29-pt2-pgs5902-16bd4e6082/
, SHA-256 21d1aaaa7909a3ce20487da62eb43d9c394030d5027c9703b78e7ca8c0b75e35.Full text
S5902 CONGRESSIONAL RECORD — SENATE September 30, 2020
LEGISLATIVE SESSION ciary Committee expressing their sup- what wary of attacking her religion, as
port for her confirmation. This in- they did during her confirmation hear-
cluded Justice Ginsburg’s clerks and ing to the Seventh Circuit, when mul-
CONTINUING APPROPRIATIONS other clerks from the liberal wing of tiple Democrats suggested that Judge
ACT, 2021 AND OTHER EXTEN- the Court. Barrett was unqualified because she
SIONS ACT—Continued Here is what they had to say: happened to be a practicing Catholic. I
The PRESIDING OFFICER. Under We are Democrats, Republicans, and inde- think Democrats may be realizing that
pendents, and we have diverse points of view their bias against religious people
the previous order, the Senate will re-
on politics, judicial philosophy, and much doesn’t play well with the millions of
sume consideration of H.R. 8337, which else. Yet we all write to support the nomina-
the clerk will report. Americans who take their faith seri-
tion of Professor Barrett to be a Circuit
The senior assistant legislative clerk ously.
Judge on the United States Court of Appeals
read as follows: They may also be remembering that
for the Seventh Circuit. Professor Barrett is
a woman of remarkable intellect and char- the Constitution explicitly forbids—
A bill (H.R. 8337) making continuing appro-
acter. She is eminently qualified for the job. forbids—religious tests for public of-
priations for fiscal year 2021, and for other
purposes. Judge Barrett’s colleagues from fice, although I will note that that
Notre Dame sent a similar letter. They didn’t stop one of the Democratic Pres-
Pending: idential candidate’s advisers from say-
McConnell Amendment No. 2663, to change said:
ing just this week that she doesn’t
the enactment date. Amy Coney Barrett will be an exceptional
federal judge. . . . As a scholarly commu- think that orthodox Catholics, Mus-
McConnell Amendment No. 2664, of a per-
fecting nature. nity, we have a wide range of political views, lims, or Jews should sit on the Su-
as well as commitments to different ap- preme Court. That is right—in this
The PRESIDING OFFICER. The Sen- proaches to judicial methodology and judi- Biden adviser’s world, taking your reli-
ator from South Dakota. cial craft. We are united, however, in our gious faith seriously should disqualify
NOMINATION OF AMY CONEY BARRETT judgment about Amy. She is a brilliant you from sitting on the Supreme
Mr. THUNE. Mr. President, on Satur- teacher and scholar, and a warm and gen- Court.
day the President announced his nomi- erous colleague. She possess in abundance all Apparently Democrats still don’t
nee to fill the Supreme Court seat left of the other qualities that shape extraor- think that people of faith are capable
dinary jurists: discipline, intellect, wisdom,
vacant by Justice Ginsburg. As the Na- of upholding the Constitution or dis-
impeccable temperament, and above all, fun-
tion mourns the death of this trail- damental decency and humanity. charging the duties of their office. But,
blazing Justice, it is fitting that the again, it seems the Democrats realize
That letter was signed by every full-
President chose an outstanding woman that offending millions of religious
time member of the Notre Dame Law
to replace her. Americans may not be their best strat-
School faculty—every full-time mem-
I had the pleasure of sitting down egy, so they have turned to healthcare
ber.
with Judge Amy Coney Barrett yester- scare tactics.
Four hundred seventy Notre Dame Judge Barrett, Democrats say, will
day, and I can say with confidence that Law graduates, former students of
she is everything you would want in a take away Americans’ healthcare if she
Judge Barrett, sent a letter as well. is confirmed to the Supreme Court. It
Supreme Court Justice. Here is what they said:
She is supremely qualified. Like Jus- is actually a very old Democratic
Our backgrounds and life experiences are line—something that they always use
tice Ginsburg, Judge Barrett was first varied and diverse. Our legal practices are as
in her class in law school—in this case, varied as the profession itself. . . . Our reli-
in their playbook.
at Notre Dame. She was a clerk for DC gious, cultural, and political views span a
It was deployed, if you can believe
Circuit Judge Laurence H. Silberman wide spectrum. Despite the many and gen- this, against Justice Kennedy when he
and then for Supreme Court Justice uine differences among us, we are united in was a Supreme Court nominee back in
Antonin Scalia. our conviction that Professor Barrett would 1986.
She worked at a prestigious law firm make an exceptional federal judge. It was deployed against Justice
They went on: Souter, a Republican nominee, who be-
and served as a visiting professor at
We are convinced that Professor Barrett came known for siding with the liberal
the George Washington University Law
would bring to the federal bench the same in- wing of the Court. There were lots of
School before accepting a position at
telligence, fairness, decency, generosity, and posters at the time that said things
the University of Notre Dame Law
hard work she has demonstrated at Notre like ‘‘Stop Souter or women will die.’’
School, where she went on to teach for Dame Law School. She will treat each liti- ‘‘He will jeopardize the health and lives
15 years. gant with respect and care, conscious of the of Americans,’’ it was said by the left
During her time at Notre Dame, reality that judicial decisions greatly affect at the time.
Judge Barrett built a distinguished the lives of those before the court. And she It was deployed against Justice Rob-
record. She was published repeatedly in will apply the law faithfully and impartially.
erts—the very same man who cast the
prominent law journals and was chosen I could go on for a while here. There deciding vote upholding the Affordable
by Chief Justice John Roberts to serve are a lot of tributes to Amy Coney Bar- Care Act—when he was Chief Justice
on the Advisory Committee for the rett out there, like the one in support on the Supreme Court. They said at the
Federal Rules of Appellate Procedure. of her circuit court nomination that time that there would literally be mil-
She was elected Distinguished Pro- was joined by former Obama Solicitor lions of American consumers and fami-
fessor of the Year by the law school’s General Neal Katyal, which praised her lies at risk of losing their coverage.
graduating class three times. ‘‘first-rate’’ qualifications and stated That statement was made by a Member
She also served as a visiting asso- that she was ‘‘exceptionally well quali- of the current leadership here in the
ciate professor at another prominent fied’’ or the recent tribute from Har- U.S. Senate about Chief Justice Rob-
law school, the University of Virginia vard law professor Noah Feldman, one erts.
School of Law. of the House Democrats’ star impeach- Now it is being deployed against
In 2017, she moved to the U.S. Court ment witnesses, who stated: ‘‘Barrett Judge Barrett in an attempt to derail
of Appeals for the Seventh Circuit, is highly qualified to serve on the Su- her nomination, while promulgating
winning Senate confirmation in a bi- preme Court.’’ But I will stop here be- one of the liberals’ favorite myths—
partisan vote. During her confirmation cause I think it is abundantly obvious that Republicans are eagerly waiting
to the Seventh Circuit, support for to everyone—my colleagues across the to rip away Americans’ healthcare.
Judge Barrett poured forth from her Democrats are particularly focused
SSpencer on DSK126QN23PROD with SENATE
aisle included—that Judge Barrett is
students, colleagues, and peers from supremely qualified to be a Supreme on suggesting that Republicans would
both side of the aisle. Court Justice, which is why Democrats like to take away protections for pre-
Every one of the Supreme Court have resorted to scare tactics to try to existing conditions, despite the fact, I
clerks who had served with Judge Bar- sink her nomination. might add, that every single Senate
rett during her clerkship with Justice Democrats realize that it is pretty Republican supports protecting people
Scalia wrote a letter to the then-chair- hard to oppose Judge Barrett on the with preexisting conditions—every sin-
man and ranking member of the Judi- merits, and they seem at least some- gle Senate Republican. In fact, just a
VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.006 S30SEPT1
September 30, 2020 CONGRESSIONAL RECORD — SENATE S5903
few weeks ago, Republicans included This is dangerous territory and leads It may be rude. It may be crude to even
language affirming protections for to an erosion of public faith in the judi- ignore this man who is eminently
those with preexisting conditions in ciary. Where would such a path lead qualified to be the nominee of Presi-
our COVID relief bill—a bill that us? Thirteen Justices? Maybe 21 Jus- dent Barack Obama, but that is the
Democrats filibustered. tices? At what point does it stop? way it is going to be, because we are so
It is both ridiculous and offensive to I thought we settled this under FDR, committed to the Constitution that we
suggest that Judge Barrett, the mom way back in 1937–1938. It is telling that will not fill the vacancy on the Su-
of seven children—more than one of Democrats are not trying to justify preme Court until after the election.
whom has faced medical challenges—is their discussion of Court packing by And then came the epiphany—a va-
out to eliminate Americans’ saying there is some practical reason cancy on the Supreme Court with a Re-
healthcare. why it is needed. publican President, Donald Trump, oc-
The truth is, we have no idea how In fact, the Supreme Court is hearing curring in the last year of his Presi-
Judge Barrett would vote on any par- fewer cases than ever. Any Democratic dency in his first term—maybe his only
ticular healthcare case, just as we have Court-packing plan would be nothing term—and the decision then by Sen-
no idea how any Supreme Court Jus- more than a naked power grab, an ef- ator MCCONNELL in the name of the
tice will vote on any particular fort by Democrats to subvert the will Constitution to completely reverse
healthcare case. How could we? How of the people when they couldn’t get himself and to say: We will not fill the
could we? Each case is unique, with the results they wanted at the ballot vacancy in the way we did 4 years ago.
unique legal and constitutional issues. box that would have let their party We will fill it the way we want to fill
What we can say with certainty about pick and confirm judges. it now, and the way we want to fill it
Judge Barrett is that she will carefully Let’s try to remain focused on the now is immediately, on a quicker time-
consider each case. She will consider political independence of the judiciary table than virtually any person who
the facts of the case, the law, and the and leave politicking to this branch of has been appointed to the Supreme
Constitution, and she will rule based government—the legislative branch. Court for a lifetime appointment, the
on those things regardless of her per- I yield the floor. highest Court in the land.
sonal feelings or beliefs. The PRESIDING OFFICER (Mr. ROM- There was a time, as a member of the
As Judge Barrett noted in her speech NEY). The assistant Democratic leader Senate Judiciary Committee, that
accepting the President’s nomination, is recognized. after hearing the nominee’s name you
‘‘A judge must apply the law as writ- Mr. DURBIN. Mr. President, the Sen- waited for the reports. Many of them
ten. Judges are not policymakers, and ator from Iowa who just spoke is my would come to you, talking about the
they must be resolute in setting aside friend. We have worked on things to- biography of the nominee, the back-
any policy views that they might gether. We, occasionally, don’t see eye- ground of the nominee, the writings,
hold.’’ That is the kind of Justice that to-eye on issues. I certainly don’t see the speeches, the articles, and, if they
Judge Barrett would be, and that is the eye-to-eye with him on what he just were judges, their judicial opinions. We
kind of Justice that all of us, Democrat said on the floor of the Senate. It would carefully study those and be pre-
or Republican, should want—someone would be credible if, 4 years ago, ex- pared when it came time for a hearing.
who will protect the principles of jus- actly the opposite result had not been Not in this situation, no way—Sen-
tice and equality under the law by produced by the Republican majority. ator MCCONNELL wants this done and
judging according to the law and the Remember, 4 years ago, Antonin done now. He clearly has doubts in his
Constitution and nothing else; someone Scalia’s untimely death on a hunting own mind as to whether this President
who will leave her personal beliefs at trip, and there was a vacancy on the can be reelected, and he is not going to
the courtroom door; someone who will, Supreme Court, in February, if I re- waste his time. He is going to make
as Judge Barrett said last week, member correctly? There was the ques- sure the Senate Judiciary Committee
quoting the judicial oath, ‘‘administer tion as to whether the incumbent acts before the election on November 3.
justice without respect to persons, do President, duly elected, of the United The hard and fast principle of 4 years
equal right to the poor and rich, and States of America, Barack Obama, ago has disappeared with President
faithfully and impartially discharge would be able to fill the Supreme Court Trump.
my duties under the United States.’’ vacancy? I have watched Republican Senator
One of the reasons I ran for the Sen- But, no, the Republicans insisted after Republican Senator, with only
ate was to help put judges like Amy that was unacceptable—unacceptable two exceptions, march before the cam-
Coney Barrett on the bench. I com- for this lame duck President with only era and look at their shoes and say: I
mend the President for his outstanding a year left in his term to fill the va- changed my mind. We are going to fill
choice, and I look forward to sup- cancy on the Supreme Court. No, they this vacancy now. Because of the Con-
porting her nomination as the Senate had a more constitutional idea. Their stitution? No, because politically it
moves forward. constitutional idea was to delay filling helps us.
I yield the floor. the vacancy on the Supreme Court Why the hurry? Why before Novem-
The PRESIDING OFFICER. The Sen- until the American people spoke in an ber 3? Why wouldn’t they at least wait
ator from Iowa. election in November of the same year. until the end of November?
Mr. GRASSLEY. Mr. President, I ask So when President Obama sent his No, the hurry is obvious, because on
unanimous consent to speak for 1 nominee, Merrick Garland, eminently November 10, the U.S. Supreme Court
minute as in morning business. qualified, to be considered by the Sen- will have oral arguments on whether or
The PRESIDING OFFICER. Without ate, Senator MCCONNELL instructed his not the Affordable Care Act will be
objection, it is so ordered. membership: We are not only going to eliminated. You see, Republican attor-
SUPREME COURT NOMINATIONS refuse him a hearing; I am going to neys general, as well as this adminis-
Mr. GRASSLEY. Mr. President, last refuse him even a meeting in my office. tration, have decided they want to do
night former Vice President Biden re- I will not dignify—will not dignify—the away with it. They want it to go away.
fused to rule out packing the Court if nomination of Merrick Garland to fill When they are asked very simple
the President and the Senate proceed the Supreme Court vacancy, because— questions: How will people be affected?
to fulfilling their constitutional duties Senator MCCONNELL told us in his gold- They shrug their shoulders.
and filling the High Court vacancy. en rule—the American people have to Well, I will tell you how. Twenty mil-
I understand there are differences of speak in the election about the next lion Americans will lose their health
SSpencer on DSK126QN23PROD with SENATE
opinion on the direction of the Court, President, who will then fill the va- insurance if the Supreme Court abol-
but threatening to expand the Court cancy. ishes the Affordable Care Act, and
and pack it with favorable Justices That was the hard and fast rule that nearly every American will lose the
just because the other side won fair every Republican Senator swore alle- protections it gives for people with pre-
and square and simply followed the giance to on the floor of the Senate, be- existing conditions. The President
Constitution does not meet the com- fore the microphones and cameras, and said—and he said again last night, in
monsense test. said: That is the way it is going to be. what some characterized as a debate,
VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.007 S30SEPT1
S5904 CONGRESSIONAL RECORD — SENATE September 30, 2020
and what I characterize as a free-for- when either a Presidential candidate or From the rightwing social media
all—the President said: Well, we have a an incoming President says it. site—which I am not going to name be-
substitute plan. But this President is pretty obvious. cause I don’t want to give any pub-
Really, Mr. President? Where would He wants to fill that Supreme Court licity to it, but I will put it in the
that be? I haven’t seen it—not on the vacancy because he says: There may be Record—Proud Boys leader Joe Biggs
floor of the Senate, not in the news- an election contest after November 3; I said he took Trump’s words as a direc-
papers, not in the press releases. want 9 people on the Court. tive to ‘‘[F] . . . them up.’’
There is no substitute plan. That is What he didn’t say, which is obvious, For years now, in letters, briefings,
why 3 years ago Senator McCain came is that he wants that ninth person to and hearings, I have repeatedly urged
to the floor and said he would not join be his nominee. So that is what we face the Department of Justice and the Fed-
the Republicans in killing the Afford- with this situation and what we have eral Bureau of Investigation and the
able Care Act, because there was no ahead of us in the next week and a half. Department of Homeland Security to
substitute. It would leave too many PRESIDENTIAL DEBATE take a strong stand against the ongo-
Americans without the protection of Mr. President, I watched what was ing threat of violent White supremacy
health insurance. supposedly called a debate last night. and other far rightwing extremists. Un-
Well, that is going to be argued in It was painful. It was painful as this fortunately, instead of following up
the Supreme Court on November 10, President showed so little respect when with a comprehensive, coordinated ef-
and by tradition, a Supreme Court Jus- it came to the rules of the debate. fort—to no surprise—the Trump admin-
tice cannot vote come next spring on Chris Wallace, the FOX Television istration has repeatedly chosen to
the fate of this lawsuit if they didn’t newsman who moderated was beside downplay this deadly threat—a law-
sit in on the oral argument. So there is himself. He didn’t know how to get the and-order President who looks the
a mad dash—a mad dash—by the Sen- President to stop interrupting, to fol- other way, winks, nods, and says
ate Judiciary Committee to bring up low the rules of the debate. This Presi- ‘‘stand by’’ to militia groups and White
the nomination of Amy Coney Barrett dent doesn’t follow anybody’s rules but supremacists.
from Notre Dame University Law his own. That was very obvious last Last year, several of us wrote to At-
School. They want it done before No- night. torney General Barr and FBI Director
vember 3 so she can sit in on the deci- There was one moment, though, that Wray to inquire about the Trump ad-
sion—or at least on the oral argument I want to highlight. It was a moment ministration’s inexplicable, irrespon-
and then the decision—in this case, when Chris Wallace basically said: Will
sible decision to stop tracking White
California v. Texas. both of you, the Democrat, Biden, and
supremacist incidents as a separate
That is what it is all about. It is all the Republican, President Trump—
category of domestic terrorism. The
about 600,000 people in the State of Illi- both of you—condemn violence, White
Trump administration has yet to re-
nois—600,000—who rely on the Afford- nationalism, and White supremacists?
spond to our many letters asking what
able Care Act to get their health insur- Well, Biden did. Biden said: There is no
the Department of Justice and the FBI
ance. It is all about a law that elimi- place for violence in the name of polit-
are doing to combat the ongoing threat
nated the number of uninsured in my ical protests—none. Unequivocal.
Then came the turn of the President, of White supremacist violence tar-
State by 50 percent. It is all about a geting religious minorities and com-
who, if you remember, had difficulty
protection that we all take for granted munities of color.
parsing out the good guys and bad guys
that says insurance companies cannot in Charlottesville—those who went Since then, our concern has obvi-
discriminate against us because of pre- down to Charlottesville to march for ously grown. Instead of focusing on the
existing conditions. That is what it is civil rights and those who went down significant threat of domestic ter-
all about. to march, frankly, chanting what was rorism motivated by White supremacy
Over 50 votes on the floor of the and far-rightwing extremism, terror-
used during the time of the German
House of Representatives by the Re- rise of Nazism, their anti-Semitic ists have killed more than 100 Ameri-
publican majority to end this Afford- chant. They grabbed their torches and cans since 9/11. President Trump
able Care Act couldn’t get the job done. marched. When asked later, President claims, as he did last night, that vio-
A last minute scramble on the floor of Trump struggled with it and said that lence is a ‘‘left-wing problem, not a
the U.S. Senate in 2017 couldn’t get the there were good folks on both sides, the right-wing problem.’’
job done. Senator MCCONNELL is going White nationalist side, as well as those Let me tell you, we should condemn
to get it done. He is going to get it for civil rights. That was an outrage. violence on both wings and everything
done by pushing through a nominee be- Last night, Chris Wallace served up an in between. I join Vice President Biden
fore November 10 who can vote to opportunity for the President to clear in condemning all violence, including
eliminate this Affordable Care Act. it up. the alleged murder of a Federal Protec-
How do I know that this Supreme I came to the floor today to speak tive Service officer in Oakland, CA, by
Court nominee is going to eliminate about the President’s response, to a rightwing ‘‘Boogaloo’’ extremist, and
the Affordable Care Act? Because she speak also about the most significant the alleged murder of two Black Lives
wrote it down. She wrote down her domestic terrorism threat facing our Matter protesters in Kenosha, WI, by
opinion as to whether or not this was Nation today: the threat of violent an Illinois teenager who reportedly
constitutional. She has already let us White supremacists. Like most Ameri- considered himself to be a member of a
know, and she obviously let President cans, I was stunned by the President’s militia—17 years old.
Trump know, and that is why he named refusal last night to condemn White su- Unfortunately, as we have learned
her. premacists during the course of last from former Trump administration of-
And there is one other reason. You night’s Presidential debate. ficials, the Trump administration has
see, this President, for the first time in Moderator Chris Wallace gave Presi- downplayed the threat of violent White
the history of the United States of dent Trump an uninterrupted oppor- supremacy and other far rightwing do-
America, will not pledge if he will ac- tunity to condemn the Nation’s biggest mestic terrorists.
cept the results of this election on No- domestic terrorist group, White su- POLITICO recently reported that a
vember 3. It is the first time it has premacists. Instead, Trump said, and I draft homeland threat assessment re-
ever, ever happened in our history, and quote: They should ‘‘stand back and port from DHS was edited and changed
it is a constitutional outrage. stand by.’’ ‘‘Stand back and stand by.’’ by the Trump administration to weak-
I commend the Presiding Officer, the en language discussing the particular
SSpencer on DSK126QN23PROD with SENATE
Trump’s comments were quickly em-
only Republican Senator on the floor braced by the Proud Boys, an alt-right threat posed by violent White suprema-
who has spoken out against it, that I self-described, ‘‘western chauvinist’’ cists. The Trump boys don’t want to
know of. Others should have joined group that clearly heard it as a call to talk about it.
him. The Governor of Massachusetts, a action. The group immediately turned Shortly thereafter, a DHS whistle-
Republican, joined him, saying it is the the President’s words in the debate blower alleged that DHS officials, in-
wrong thing to say, the wrong thing to into a logo that has been widely cir- cluding Ken Cuccinelli, requested the
do, and both parties should condemn it culated on social media. modification of the homeland threat
VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.008 S30SEPT1
September 30, 2020 CONGRESSIONAL RECORD — SENATE S5905
assessment report to make the threat The PRESIDING OFFICER. Without this year, the trustees of Medicare pro-
of White supremacists ‘‘appear less se- objection, it is so ordered. jected that that program would be
vere’’ and add information on violent HEALTHCARE bankrupt in 2026. Then, of course, we
‘‘leftwing groups.’’ Mr. GRASSLEY. Mr. President, it is have this unprecedented public health
The efforts of officials within the typical during an election season to emergency to deal with, the pandemic,
Trump administration to obscure this hear Democrats try to scare people as we always call it, which dealt a crip-
threat posed by violent White suprema- into believing that Republicans want pling blow to our Nation. The sacrifices
cists and other far-rightwing extrem- to destroy programs that Americans and efforts made to stop the spread of
ists are misguided and dangerous. We rely on for their health and security. the coronavirus effectively shut down
know the significance of this threat. We have recently heard this on Medi- the U.S. economy and altered life as we
An unclassified May 2017 FBI-DHS care and Social Security. Now there is all know it.
joint intelligence bulletin found that a new subject to add: health insurance. Congress stepped in to provide Fed-
‘‘White supremacist extremism poses a The programs are different, but the eral relief. The COVID response bills
persistent threat of lethal violence’’ scenarios are the same. were passed on an overwhelming bipar-
and that White supremacists were re- The Democrats concoct a story, at- tisan majority, specifically the CARES
sponsible for more homicides from 2000 tribute it to the President and to Re- Act—better known as the Coronavirus
to 2016 than any other domestic ex- publican Members of Congress, and Aid Relief and Economic Security
tremist group. FBI Director Wray ad- then turn to their allies to amplify this Act—passed the House by a vote of 419
mitted, when questioned before a Sen- false narrative. What really stands out to 6, and the U.S. Senate, 96 to 0.
ate Judiciary Committee at a hearing this election season is how those all- CARES gives extra Medicare funding
last year, that the majority of domes- too-familiar scare tactics directly con- to hospitals and other healthcare pro-
tic terrorism threats in America in- tradict the message coming from the viders to keep them in business in the
volve White supremacists. Presidential nominee of the Demo- face of an unexpected drop in demand
Thankfully, there is something in the for medical services. Additionally, be-
cratic Party.
Senate we can do to respond to this Vice President Biden says he is for cause of Medicare Part A, as financed
threat. I have introduced the Domestic hope, not fear. His actions and those of by payroll taxes that are split between
Terrorism Prevention Act, a bill that his party show just the opposite. So employers and employees, unemploy-
would enhance the Federal Govern- ment caused by the pandemic has re-
let’s start with the Democrats’ efforts
ment’s efforts to prevent domestic ter- sulted in less money coming into the
to pin Medicare’s financial struggles on
rorism by requiring Federal law en- trust fund. So it, then, is not surprising
Republicans. The facts tell a much dif-
forcement agencies to regularly assess that the Congressional Budget Office
ferent story.
domestic terrorism threats, focus their Republicans have fought for decades, estimated earlier this month that the
limited resources on the most signifi- often in the face of Democratic resist- Medicare trust fund could run out of
cant domestic terrorism threat, and ance, to keep Medicare strong not only money in 2024, 2 years earlier than the
provide training and resources to assist
for current enrollees but for their chil- Medicare trustees had projected, with-
State, local, and Tribal law enforce-
dren and grandchildren. For instance, out taking into account the impact of
ment.
Good news: Last week, the House of in 1995, President Clinton vetoed Re- COVID because they didn’t know about
Representatives passed the House com- publican efforts to keep Medicare on it and couldn’t take that into consider-
panion to my bill on a unanimous voice sound financial footing. ation.
Faced with the prospect that the It is important to note that during
vote. The Democrats and Republicans
Medicare hospital insurance trust fund the Trump Presidency and prior to the
all agreed. Senator MCCONNELL has a
was going broke in just a few years, pandemic, the projected insolvency
chance take it up. Are we going to
back then, Republicans still pressed on. date of the Medicare health insurance
stand together, as the House did, on a
bipartisan basis, condemning White su- It was the work of a Republican House trust fund remained pretty steady. No
premacists who resort to violence and of Representatives and a Republican one could have anticipated this current
terrorism or are we going to say to Senate that ultimately convinced crisis.
President Clinton to sign the Balanced Instead of taking it as a reminder of
them: Stand back and stand by?
It is time for us to step up together Budget Act of 1997. That act of 1997 ex- the need to shore up Medicare for the
on a bipartisan basis. Condemn violent tended the life of the health insurance long haul, Democrats have opted to
conduct on both political spectrums— trust fund, but it was not a silver bul- create a false narrative that the cur-
on the right, on the left, and every- let to solve the Medicare Program’s rent administration is the problem.
thing in between. You can use our Con- long-term financial challenges. Every recent President, Republican
stitution responsibly. You don’t have For many years, spanning both and Democratic, has offered Medicare
to resort to violence. You don’t have to Democratic and Republican adminis- reform ideas in budget requests sub-
resort to vandalism or looting, the use trations, the Medicare trustees have mitted to the Congress. Many of those
of guns and threats, or the killing of cautioned that the program’s financial budgets contained identical policy
innocent people. It is never ever ac- shortfalls require further legislative ideas, whether from a Republican
ceptable, right or left. action. The trustees reported repeat- President or a Democratic President.
The dominant group, when it comes edly—advised Congress to enact such Putting aside that Congress, and not
to this activity, is White supremacists. legislation sooner rather than later to the President, makes laws, the notion
Our opportunity now to keep track of minimize the impact on beneficiaries, that proposals aimed at making Medi-
them and their activities is before us. healthcare providers, and taxpayers. care more efficient is equivalent to
All it takes is for Senator MCCONNELL Republicans know how important sabotaging the program is absurd. Yet,
to agree to take up this unanimously Medicare is to the over 60 million whenever a Republican occupies the
passed bill from the House of Rep- Americans who rely on the program for White House, we repeatedly hear from
resentatives and to say to President their healthcare, but we also realize Democrats that proposals for program
Trump, once and for all, join us in con- that Medicare is on an unsustainable integrity represent cuts or efforts to
demning all violence across the polit- course. I have already said that we weaken or destroy Medicare, even when
ical spectrum. need to work in a bipartisan way to some of those same proposals were put
I yield the floor. protect Medicare, particularly here in forward by Democratic administra-
the U.S. Senate, where it takes 60 votes tions.
SSpencer on DSK126QN23PROD with SENATE
I suggest the absence of a quorum.
The PRESIDING OFFICER. The to get anything done. That work re- Because Medicare is on a path to
clerk will call the roll. quires an honest assessment and a very bankruptcy, the greatest threat, then,
The legislative clerk proceeded to serious discussion. is what often happens around here—in-
call the roll. Sadly, it seems that Democrats are action. Over the past decade, Demo-
Mr. GRASSLEY. Mr. President, I ask only willing to take their heads out of crats not only stood firmly in the way
unanimous consent that the order for the sand long enough to point fingers. of meaningful Medicare reform, but
the quorum call be rescinded. So let’s set the record straight. Earlier they actually made the problem worse.
VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.010 S30SEPT1
S5906 CONGRESSIONAL RECORD — SENATE September 30, 2020
Rather than confront the looming cri- ate Republicans worked with the House The President reaffirmed that very
sis in 2009, President Obama, Vice and Obama administration to prevent thing in his commitment in an Execu-
President Biden, and Washington disability security trust fund exhaus- tive order that he signed last week.
Democrats raided more than $700 bil- tion and even to improve the program. That Executive order states that it has
lion from the Medicare Program. They There was no privatization of any- been, and will continue to be, the pol-
didn’t do it to save Medicare; they cut thing, and the only thing that could be icy of the United States to assure that
money from a financially strapped construed as a benefit cut came di- Americans with preexisting conditions
Medicare Program and then spent that rectly from President Obama. can obtain insurance of their choice at
money on a brandnew entitlement pro- You will not hear anything about an affordable price.
gram called ObamaCare. It was the that from these Senate Democrats. In- The Democrats don’t want to stop at
Democrats who pushed ObamaCare stead, they just bring out their stale ObamaCare. What they really want to
through Congress without a single Re- talking points and, of course, scare tac- do is impose their government-run
publican vote. tics about Republicans trying to de- Medicare for All Program and take
And what do Democrats want to do if stroy the program. Now they are apply- away people’s private insurance plans
they find their way back into power? ing the same wornout, baseless scare that they like—because 160 million
They want to enact something called tactics to this Supreme Court con- people have it.
Medicare for All. Moving the 180 mil- firmation process. As I mentioned earlier, this one-size-
lion Americans with private, employer- Democrats want to make the Presi- fits-all approach would take away peo-
based insurance to the Medicare rolls dent’s nomination to fill the vacancy ple’s private insurance, result in worse
would cause Federal spending to bal- all about ObamaCare and the case the care, and bankrupt the country.
loon to unthinkable levels. Court will consider this fall.
Republicans want to strengthen
An analysis conducted by the Going to the minority leader’s own
words when it comes to Judge Barrett’s Medicare, preserve Social Security,
Mercatus Center in 2018 found that and ensure affordable private coverage
Medicare for All would increase Fed- confirmation hearing, he said: ‘‘We
must focus like a laser on health care.’’ options now as well as in the future.
eral spending by $32 trillion over the Democrats want to mislead now in
next 10-year period. This Democratic The left is misrepresenting an article
by then-Professor Barrett in hopes of hopes of future political gains.
plan would also give the Federal Gov- Americans deserve better. We can do
finding something—almost anything—
ernment more control over healthcare, better.
to gum up this confirmation process. It
impose massive tax increases on the Vice President Biden and his party
seems to me they are just frustrated
middle class, and disrupt access to should stop their shameful election-
this nominee had the audacity to sug-
services. That is why Democrats would year scare tactics. They should end the
gest judges interpret law as written.
rather mischaracterize the unavoidable There is an old saying in the legal malarkey.
impact of COVID and demonize Medi- profession: If the law isn’t on your side, It is time to have the courage to en-
care budget proposals that are often bi- pound the facts. If the facts aren’t on gage in an honest, civil conversation
partisan in nature. your side, pound the law. If neither about bipartisan ideas to improve these
Democrats used the very same dirty fact or law is on your side, just pound health and security programs for mil-
tricks related to Social Security, as I the table. lions of people who depend on them.
just talked about with Medicare. Some That is what we see yet again from f
across the aisle recently concocted a our Democratic colleagues. It is ludi-
hypothetical proposal that eliminates crous to pick one pending case and pre- RECESS
the funding source for Social Security dict how every member of the Court, Mr. GRASSLEY. Mr. President, I ask
and asked the program’s Chief Actuary including one just starting the con- unanimous consent that the Senate
to assess its impact. firmation process, would vote on that stand in recess until 2:15 p.m.
This was an obvious attempt to case, especially when entirely different The PRESIDING OFFICER (Mr.
alarm seniors and disabled Americans legal issues are at stake. Frankly, it is TOOMEY). Is there objection?
with the ultimate intent of smearing a disservice to the American people. There being no objection, the Senate,
Republicans and feeding false talking The Democrats know this, but that at 1:36 p.m., recessed until 2:15 p.m. and
points to a Democratic candidate for will not stop them. It will not stop reassembled when called to order by
President. Even when their schemes them from trying to mislead hard- the Presiding Officer (Mr. PERDUE).
and false talking points earned four working Americans into believing that
Pinocchios from even the Washington f
their healthcare coverage could dis-
Post, Democrats still proceed full appear tomorrow. CONTINUING APPROPRIATIONS
speed ahead with their misinformation It is also just the latest example of ACT, 20201 AND OTHER EXTEN-
campaign. And even though Ways and how many Democrats in Congress view SIONS ACT—Continued
Means Committee Ranking Member the Supreme Court—just somehow an-
BRADY and I got the Social Security The PRESIDING OFFICER. The Sen-
other policy end that they can’t ac-
Actuary to affirm the Democrat’s re- ator from Oklahoma.
complish through this branch of gov-
cent scheme was just a bunch of malar- NOMINATION OF AMY CONEY BARRETT
ernment, where we are now. That is not
key, the Democrats and Candidate the role of the Court. I am sure Judge Mr. LANKFORD. Mr. President, we
Biden continue with this misinforma- Barrett will reiterate that point before are once again in a conversation about
tion. the Judiciary Committee. freedom of religion and the free exer-
Again, Democrats use scare tactics in The Supreme Court will hear oral ar- cise of religion and what that means.
the runup to an election. While they guments in the case mid-November, Very simply, I would argue that it
accuse Republicans of wanting to de- and there are countless scenarios on a means the ability to have any faith, to
stroy Social Security, Senate Demo- potential outcome. So is it is useless, have no faith at all, to change your
crats do little or nothing to work in a then, to speculate. But that will not faith, and to be able to live it out.
bipartisan way to help this program. stop the Democrats from speculating The ability to have a faith is a part
Remember, in 2015, when the disability during this process of Judge Barrett’s of who we are. It is our most precious
insurance trust fund was going to run nomination. possession within us. If it is not that, if
dry, Senate Democrats demanded that The bottom line is, no matter the de- it is something less than that, if the
the only thing that you could possibly free exercise of religion has limitations
SSpencer on DSK126QN23PROD with SENATE
cision, no one will lose healthcare cov-
do was to take from the retirement erage on the day the Supreme Court on it, then it is simply the freedom to
trust fund and then just simply kick issues its ruling. worship or to have a named faith
the can down the road. In the meantime, Republicans will around you but not to actually live
Senate Democrats had no interest in continue to protect individuals with your faith.
working with us to at least try to preexisting conditions and fight to give That is not what we have in this
make the disability insurance program Americans more affordable healthcare country, thankfully. We have a con-
better for beneficiaries. Instead, Sen- options. stitutionally protected right to the
VerDate Sep 11 2014 05:16 Oct 01, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G30SE6.011 S30SEPT1
File and source
- File
- CREC_crec-2020-09-29_crec-2020-09-29-pt2-pgs5902.pdf
- Size
- 234,277 bytes
- SHA-256
- 21d1aaaa7909a3ce20487da62eb43d9c394030d5027c9703b78e7ca8c0b75e35
- Original
- www.govinfo.gov