Congressional Record, Senate, October 22, 2020 — Nomination of Amy Coney Barrett
Summary
Senate proceedings from the Congressional Record for October 22, 2020, beginning at page S6388. A senator's remarks urge the Senate to take up COVID-19 relief rather than a Supreme Court nomination. The motion to proceed to legislative session is rejected on Rollcall Vote No. 210 Ex., yeas 45, nays 51, and a cloture motion on the nomination of Michael Jay Newman to be United States District Judge for the Southern District of Ohio is agreed to on Rollcall Vote No. 211 Ex., yeas 66, nays 31. Mr. Schumer raises a point of order against placing the Barrett nomination on the Executive Calendar; the point of order is not sustained, and the Senate sustains the decision of the Chair on Rollcall Vote No. 212 Ex., yeas 53, nays 44. Mr. Lankford then speaks on the nomination of Amy Coney Barrett, and the record closes with morning business tributes.
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S6388 CONGRESSIONAL RECORD — SENATE October 22, 2020
on every court, both the Supreme the moment—the pandemic, which af- Mr. DURBIN. I announce that the
Court and other courts in the land, and fects this country so gravely. Senator from California (Ms. HARRIS),
I have voted against some as well. I We have lost 222,000 souls, sadly, in the Senator from Alabama (Mr. JONES),
take the admonition of the Constitu- America, and it is estimated that it and the Senator from Arizona (Ms.
tion seriously. I don’t take a person’s may reach half a million by January 1. SINEMA) are necessarily absent.
religion into account when I cast a What a heartbreak. And we are here The PRESIDING OFFICER (Mr.
vote when it comes to a judge, nor spending 5 straight days not dealing YOUNG). Are there any other Senators
should anyone if they follow this Con- with COVID–19 relief, not providing the in the Chamber desiring to vote?
stitution. testing that is needed, not providing The result was announced—yeas 45,
One last point I would like to make unemployment benefits to those who nays 51, as follows:
that was clearly wrong: When it came lost jobs, not providing help to small [Rollcall Vote No. 210 Ex.]
to the scurrilous and disgusting at- businesses—no. We are focused on one YEAS—45
tacks on the adopted children of this nomination for one vacancy in the Su- Baldwin Gillibrand Reed
nominee, the Senator from Louisiana preme Court. As important as that Bennet Hassan Rosen
spoke up against them, and so did I on may be in the ordinary scheme of Blumenthal Heinrich Sanders
the Democratic side. They are unac- things, we are not in the ordinary Booker Hirono Schatz
Brown Kaine Schumer
ceptable on either side of the aisle, and scheme of things. We are dealing with Cantwell King Shaheen
for any Senators to suggest otherwise an extraordinary pandemic, which is Cardin Klobuchar Smith
tells me he did not listen to the hear- causing grave damage to this country, Carper Leahy Stabenow
ing itself. Casey Manchin Tester
to its families, and to our economy. Collins Markey Udall
I condemn the attack on her family, The President may not take it seri- Coons Menendez Van Hollen
and I repeat that condemnation on the ously. Obviously the Senate Repub- Cortez Masto Merkley Warner
floor of the Senate today. For that licans don’t take it seriously. If they Duckworth Murphy Warren
Senator to ignore that fact troubles me Durbin Murray Whitehouse
did, they would be engaged. Feinstein Peters Wyden
greatly. I count him as a friend. I hope I cannot explain or even imagine how
when he reads the record of the actual he explains why Senator MCCONNELL NAYS—51
proceedings before the Senate Judici- refuses to sit down for the negotiations Alexander Fischer Paul
ary Committee, he will come and clar- Barrasso Gardner Perdue
for COVID–19 relief. That is right. They Blackburn Graham Portman
ify and correct his remarks. have had negotiations that have in- Blunt Grassley Risch
CORONAVIRUS volved Senator SCHUMER, Speaker Boozman Hawley Roberts
Madam President, the last point I Braun Hoeven Romney
PELOSI, Treasury Secretary Mnuchin, Burr Hyde-Smith Rounds
want to make—and I know we have a and the President’s Chief of Staff, and Capito Inhofe Sasse
vote in a few minutes—is this: If you Senator MCCONNELL refuses to attend Cassidy Johnson Scott (FL)
ask the American people ‘‘What is the those negotiations where they are try- Cornyn Kennedy Scott (SC)
Cotton Lankford Shelby
business of the Senate for the next 5 ing to come up with a bipartisan meas- Cramer Lee Sullivan
days?’’ I don’t think anyone, if they ure to help us through this crisis. All Crapo Loeffler Thune
follow it closely, would ever guess the he does is offer throwaway votes on the Cruz McConnell Tillis
business that we are about. Daines McSally Toomey
floor, take-it-or-leave-it votes on the Enzi Moran Wicker
We live in a country now where floor that don’t have any bipartisan Ernst Murkowski Young
222,000 people have died from this route to them. They come to us be-
COVID–19 pandemic—222,000. Eight mil- NOT VOTING—4
cause he wants to have a symbolic roll-
lion have been affected. A country that Harris Rubio
call—a symbolic rollcall—for his Mem- Jones Sinema
represents 4.5 percent of the world’s bers to take home and say: Well, I
population, the United States counts tried. The motion was rejected.
for 20 percent of all the COVID–19 No, you didn’t try. CLOTURE MOTION
deaths in the world. Sadly, it is getting If for 5 straight days we do nothing The PRESIDING OFFICER. Pursuant
worse before it gets better. about COVID–19 and focus exclusively to rule XXII, the Chair lays before the
In the State of Illinois, the Governor on this nominee, how in the world will Senate the pending cloture motion,
announced yesterday that because of any Senator explain that was the which the clerk will state.
the increased incidence of infection American priority of the moment? It is The legislative clerk read as follows:
from COVID–19 in the four major coun- not. The American priority of the mo- CLOTURE MOTION
ties surrounding the city of Chicago, ment is not this vacancy on the Su- We, the undersigned Senators, in accord-
we have to close down restaurants and preme Court; it is the fact that there ance with the provisions of rule XXII of the
other establishments. It is heart- are vacancies in homes across America Standing Rules of the Senate, do hereby
breaking. I know what it means to from 222,000 deaths in this country, and move to bring to a close debate on the nomi-
these business owners. But it is also they continue apace every single day. nation of Michael Jay Newman, of Ohio, to
heartbreaking to read the numbers day We ought to be coming together on a be United States District Judge for the
in and day out of what this COVID–19 bipartisan basis. The person who Southern District of Ohio.
virus is doing in America—not just to Mitch McConnell, Chuck Grassley, John
should be leading us in the Senate is Boozman, Lindsey Graham, Mike
the poor hapless souls who are infected the Senate Republican leader. He does Crapo, Marsha Blackburn, Tim Scott,
and some dying but to the economy of not, and as a consequence, we waste Roy Blunt, Mike Rounds, Pat Roberts,
this country. our moments here when they should be John Cornyn, John Thune, Todd
Wouldn’t you think that would be the spent helping America with its highest Young, Lamar Alexander, John
focus of business on the floor of the priority. Hoeven, Thom Tillis, Cindy Hyde-
U.S. Senate? Wouldn’t you think that I yield the floor. Smith.
the Senate majority leader, Senator f
The PRESIDING OFFICER. By unan-
MCCONNELL from Kentucky, who con- imous consent, the mandatory quorum
trols the business of the floor, would VOTE ON MOTION TO PROCEED call has been waived.
make that job one for all of us and The PRESIDING OFFICER. The The question is, Is it the sense of the
stick together on a bipartisan basis to question is on agreeing to the motion Senate that debate on the nomination
come up with an agreement before we to proceed to legislative session. of Michael Jay Newman, of Ohio, to be
did anything else? Well if you guessed The yeas and nays were previously United States District Judge for the
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that, you are wrong, because for the ordered. Southern District of Ohio, shall be
next 5 days, we will be consumed with The clerk will call the roll. brought to a close?
filling one Supreme Court vacancy. He The bill clerk called the roll. The yeas and nays are mandatory
is determined to fill that vacancy at Mr. THUNE. The following Senator is under the rule.
any cost, including ignoring the major necessarily absent: the Senator from The clerk will call the roll.
issue of our time, the major issue of Florida (Mr. RUBIO). The legislative clerk called the roll.
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October 22, 2020 CONGRESSIONAL RECORD — SENATE S6389
Mr. DURBIN. I announce that the POINT OF ORDER The PRESIDING OFFICER. On this
Senator from California (Ms. HARRIS), Mr. President, I make a point of vote, the yeas are 53, and the nays are
the Senator from Alabama (Mr. JONES), order that the Barrett nomination 44.
and the Senator from Arizona (Ms. should not be placed on the Executive The Senate sustains the decision of
SINEMA) are necessarily absent. Calendar because it was reported in the Chair.
The PRESIDING OFFICER. Are there violation of the rules of the Senate Ju- The Senator from Oklahoma.
any other Senators in the Chamber de- diciary Committee. NOMINATION OF AMY CONEY BARRETT
siring to vote? The PRESIDING OFFICER. The Mr. LANKFORD. Mr. President, I
The result was announced—yeas 66, nomination was reported in accordance spent some one-on-one time yesterday
nays 31, as follows: with the Standing Rules of the Senate. with Amy Coney Barrett. I had the op-
[Rollcall Vote No. 211 Ex.] The point of order is not sustained. portunity to be able to ask her ques-
YEAS—66 APPEAL RULING OF THE CHAIR tions about agency deference, about re-
Alexander Fischer Perdue Mr. SCHUMER. Mr. President, I ap- ligious liberty, and about the responsi-
Barrasso Gardner Peters bility of the three branches of govern-
Blackburn Graham Portman peal the ruling of the Chair and ask for
Blunt Grassley Risch the yeas and nays. ment and the separation of those. We
Boozman Hassan Roberts The PRESIDING OFFICER. Is there a spent time talking about antitrust
Braun Hawley Romney laws, Tribal laws, and all sorts of
Brown Hoeven Rosen
sufficient second?
Burr Hyde-Smith Rounds There is a sufficient second. things to walk through some things
Cantwell Inhofe Rubio The yeas and nays are ordered. that were not covered in the hearing
Capito Johnson Sasse The question is on the appeal of the time.
Carper Kaine Scott (FL) I walked away even more impressed
Cassidy Kennedy Scott (SC) ruling of the Chair.
Collins Lankford Shaheen The clerk will call the roll. with her as a leader, her knowledge,
Cornyn Leahy Shelby The senior assistant legislative clerk her judicial temperament, her sense of
Cortez Masto Lee Sullivan
called the roll. responsibility, the awe that she is tak-
Cotton Loeffler Tester ing on this responsibility that the Na-
Cramer Manchin Thune The PRESIDING OFFICER. The
Crapo McConnell Tillis Chair wants to be clear about the ques- tion would ask her to do.
Cruz McSally Toomey tion before the body. It stands in stark contrast to some of
Daines Moran Warner
The question is, On the appeal of the the conversations I have had with some
Enzi Murkowski Wicker
Ernst Paul Young ruling of the Chair, shall the decision of my colleagues on the other side and
of the Chair stand as the judgment of from the hearings over the last week
NAYS—31 where, most of the time, my colleagues
Baldwin Heinrich Schatz
the Senate?
The clerk will continue to call the spent their time saying that people
Bennet Hirono Schumer
Blumenthal King Smith roll. should be afraid of this mother of
Booker Klobuchar Stabenow The senior assistant legislative clerk seven, that she is a terrifying indi-
Cardin Markey Udall
continued with the call of the roll. vidual who will take away your
Casey Menendez
Coons Merkley
Van Hollen
Mr. DURBIN. I announce that the healthcare, who will take away your
Warren right to be able to destroy your unborn
Duckworth Murphy Whitehouse Senator from California (Ms. HARRIS),
Durbin Murray
Wyden the Senator from Alabama (Mr. JONES), child if you choose to, that she is racist
Feinstein Reed and that she is anti-woman, which I
Gillibrand Sanders and the Senator from Arizona (Ms.
SINEMA) are necessarily absent. thought were the ultimate challenges
NOT VOTING—3 to her as a woman herself, obviously,
The PRESIDING OFFICER. Are there
Harris Jones Sinema
any other Senators in the Chamber de- and when she was challenged over and
The PRESIDING OFFICER. On this siring to vote? over again about being a racist and a
vote, the yeas are 66, the nays are 31. The yeas and nays resulted—yeas 53, segregationist. She is the mother of a
The motion is agreed to. nays 44, as follows: multiracial family.
The Democratic leader. It is a bizarre side-by-side to actually
[Rollcall Vote No. 212 Ex.]
NOMINATION OF AMY CONEY BARRETT meet the actual person and to go
Mr. SCHUMER. Mr. President, this YEAS—53 through the law versus hearing the de-
morning, the Judiciary Committee Alexander Fischer Perdue scriptions.
Barrasso Gardner Portman
voted Amy Coney Barrett out in viola- Blackburn Graham
Amy Coney Barrett is a native of
Risch
tion of its rules. The rules of the Judi- Blunt Grassley Roberts
New Orleans, LA. She is the daughter
ciary Committee say, before you can Boozman Hawley Romney of a lawyer and a teacher, the oldest of
vote a nominee to the floor, there must Braun Hoeven Rounds seven children. She has been married
Burr Hyde-Smith Rubio
be two members of the minority. That Capito Inhofe to her husband Jesse for 21 years. She
Sasse
has been obeyed by Democrats and Re- Cassidy Johnson herself is the mother of seven children,
Scott (FL)
publicans for a very long time. I re- Collins Kennedy
Scott (SC) as I mentioned before—Emma, Vivian,
Cornyn Lankford
member it in existence for all of the Cotton Lee
Shelby Tess, John Peter, Liam, Juliet, and
years I was on the Judiciary. Yet, typ- Cramer Loeffler Sullivan Benjamin. We got to watch them sit-
ical of this Republican majority, when Crapo McConnell Thune ting behind her, quietly watching,
Cruz McSally Tillis
there were not two Democrats there, Toomey
proudly, their mom.
Daines Moran
they just steamrolled the nominee Enzi Murkowski Wicker She graduated summa cum laude
through in violation of the rules. That Ernst Paul Young from Notre Dame Law School. After
has been typical. This whole thing has graduating from law school, she
NAYS—44
been a steamroller operation of one of clerked for DC Circuit Judge Laurence
Baldwin Hassan Rosen
the most important appointments we Bennet Heinrich Sanders
Silberman and for Supreme Court Jus-
can all make—weeks before a Presi- Blumenthal Hirono Schatz tice Antonin Scalia. She was chal-
dential election—of a nominee whose Booker Kaine Schumer lenged over and over again, with people
views, in the judgment of most Ameri- Brown King Shaheen saying: You are just like Scalia. She
Cantwell Klobuchar Smith
cans, are far away on healthcare, on re- Cardin Leahy kept responding very calmly to people:
Stabenow
productive rights, on labor unions, and Carper Manchin Tester
‘‘I have my own mind.’’ She practiced
on guns from where the average Amer- Casey Markey both trial and appellate litigation.
Udall
Coons Menendez Judge Barrett also worked for more
ican is. Van Hollen
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Cortez Masto Merkley
It is a steamroller, and this was in Duckworth Murphy
Warner than 15 years in academia. She was a
violation of the rules, which is not sur- Durbin Murray Warren distinguished legal scholar at the
Feinstein Peters Whitehouse
prising given this rush to judgment— Wyden
Notre Dame Law School, the Univer-
Gillibrand Reed
given this maniacal desire to get this sity of Virginia School of Law, and
nominee through before Americans NOT VOTING—3 George Washington University Law
vote. It is in violation of the rules. Harris Jones Sinema School. She published articles in the
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S6390 CONGRESSIONAL RECORD — SENATE October 22, 2020
Columbia, Virginia, Texas, and Cornell forward to voting for her nomination and do nothing about it for 3 years—for
law reviews. Three graduating classes in the next few days. 3 years?
at Notre Dame Law have selected With that, I yield the floor. Senator RUBIO and I introduced a bi-
Judge Barrett as the Distinguished The PRESIDING OFFICER (Mr. partisan bill. It is called the DETER
Professor of the Year. BRAUN). The Senator from Maryland. Act, which is very straightforward. It
In 2017, she was nominated by Presi- UNANIMOUS CONSENT REQUEST—S. 1060 says that if we catch Russia and Putin
dent Trump to serve on the Seventh Mr. VAN HOLLEN. Mr. President, interfering in our elections again,
Circuit Court of Appeals and was con- every day we see more Americans there will be automatic, swift sanc-
firmed by this Senate with a bipartisan dying from COVID–19 and more Ameri- tions, so if you are Vladimir Putin and
vote. Judge Barrett’s colleagues at cans contracting this virus. As of you are thinking about interfering in
Notre Dame signed a letter supporting today, we have hit the awful mark of our elections, you will know there will
her 2017 nomination, calling her ‘‘a over 220,000 Americans dead from be a certain price to pay. Right now, it
model of the fair, impartial and sympa- COVID–19, the highest death level in is cost-free to the Russians and cost-
thetic judge.’’ Since joining the U.S. the entire world, and, with that, we are free to other adversaries.
Court of Appeals for the Seventh Cir- also experiencing the economic fallout Our bill called for the executive
cuit in 2017, Judge Barrett has partici- and pain that has come with it. branch to put together a plan to re-
pated in over 600 cases. It did not have to be this way. Presi- spond and establish upfront penalties
The ABA Standing Committee issued dent Trump knew about this deadly not just for Russian interference but
Judge Barrett a ‘‘well qualified’’ rating virus early on, and he could have and for interference from any adversary.
based on ‘‘the qualities of integrity, should have acted. But even at this mo- That is the way you deter interference
professional competence, and judicial ment, there are things that this U.S. in the first place. You can’t stop inter-
temperament.’’ Senate can be doing to both stop the ference if there is no cost to be borne
When confirmed, Justice Barrett will spread of the virus and ease the eco- by the adversary seeking to disrupt
be the fifth woman to serve on the Su- nomic pain. We could be taking up and your process. That is pretty simple.
preme Court in its history. She will be voting on the legislation that passed We have used the idea and concept of
the first mother of school-age children the House of Representatives called the deterrence in many other cases to try
to serve on the Court. She will be the Heroes Act, which is a comprehensive to keep the peace. Yet, here we are,
only sitting member of the Court to emergency relief package for the talking about safeguarding our democ-
have graduated from a law school other American people—both addressing test- racy by putting in place a very simple
than Harvard or Yale. She will also be ing and contact tracing and other mechanism to say to anyone who
the second sitting member of the Court issues to stop the spread of the virus wants to undermine faith in the demo-
to have been born in the South and and providing essential economic relief cratic process or support a particular
only the second member in the Court’s to American families, workers, and candidate—as Russia did in 2016 and as
history to have been born in Louisiana. businesses that are struggling from the they have worked to do over the last
She will be the only sitting member of fallout. couple of years in favor of President
the Court to have served on the Sev- But we haven’t even had a chance to Trump—to put in place a process where
enth Circuit, which hears cases arising vote on that bill here in the U.S. Sen- they know if they get caught, they will
out of Illinois, Indiana, and Wisconsin. ate. The Heroes Act was passed by the be punished, and I don’t mean pun-
During the Judiciary Committee House more than 5 months ago, and ishing a few oligarchs. I am not talking
hearings, we heard testimony from then, recently, the House passed a re- about punishing a few bureaucrats who
Laura Wolk, a former student of Judge vised version called Heroes 2.0. We may be responsible for actually doing
Barrett’s. It was remarkable testi- tried to get a vote on that just this the disruption, but creating penalties
mony. past Tuesday here in the U.S. Senate. on the Russian economy—the banking
She said, in part: It was blocked by the Republican lead- sector, the energy sector—because we
[S]hould you confirm Amy Barrett, the er, Senator MCCONNELL, and here we all know that you don’t have Russian
country will receive something far greater have 12 days to go until the election. bureaucrats and intelligence officials
than simply an unparalleled legal mind. The interfere in our elections without the
Instead of focusing on that relief, we
Supreme Court—and therefore all Ameri- green light from the very top, and that
cans—will gain the service of one of the are trying to rush through and use an
illegitimate process to put another is true of other adversaries who seek to
kindest individuals I have ever known. Her
brilliance is matched only by her compas- Justice on the Court. interfere in our elections.
sion, and her honesty is beyond reproach. But there is something else that we So the real question is, Why do we
I do not speak in mere abstractions. Rath- should also be doing now instead of continue to see stonewalling on this
er, I have experienced these characteristics rushing a Justice on the Court, in addi- simple legislation? Why does the
firsthand, with life-changing results. . . . tion to the Heroes Act, and that is de- Trump administration continue to op-
Judge Barrett described a mentor who gave pose it? And why doesn’t the Senate do
fending the integrity of our democratic
her a treasured book of literature to com- its job as an independent body, sup-
memorate their relationship. Judge Barrett process and the integrity of our elec-
tions. posedly, to protect the integrity of our
has now passed that torch onto me, giving
me a gift of immeasurable value: the ability That is what brings me to the floor elections?
to pursue an abundant life with the potential today because we have, of course, a few Here is what President Trump said
to break down barriers so that I can leave days to go—12 days, to be exact—to get just a few years ago in Helsinki when
this world a better place than I found it. to the election. Yet it has been years— he was side by side with President
I could not agree more with her or not just 1 year, not just 2 years, not Putin. President Trump said:
with her colleagues and peers about her just 3 years—years when some of us My people came to me—Dan Coats came to
superb qualifications and preparedness have been pushing to enact legislation me and some others—they said they think
it’s Russia. I have President Putin; he just
to serve in this role. As an originalist here to defend against foreign inter- said it’s not Russia.
and a textualist, her commitment to ference in our elections—Russian inter- I will say this: I don’t see any reason why
both the role of the Court and the rule ference, which we have known about it would be. . . . I have confidence in both
of law are clear. To read her opinions since 2016, and interference from other parties.
from the perspective of the losing adversaries. Then he went on to say:
party demonstrates her fairness, her So, yesterday, we heard from the Di- I have great confidence in my intelligence
empathy, and her temperament as a rector of National Intelligence that people, but I will tell you that President
judge. there are foreign actors interfering in Putin was extremely strong and powerful in
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Beyond her resume and accolades, our elections and attempting to disrupt his denial today.
her character, her commitment to our process—Russia and Iran. Well, the This was years ago, yet we hear from
faith and family, and her service to her question for the U.S. Senate is not the our intelligence officials that Russia is
students and the community should issue of whether we were going to have still interfering. We heard that just
not go overlooked. Judge Barrett has foreign interference. The question for yesterday and that other adversaries
my unqualified, full support, and I look the U.S. Senate is, Why did we sit back are interfering.
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October 22, 2020 CONGRESSIONAL RECORD — SENATE S6391
But the Trump administration didn’t Committee on Banking, Housing, and stopped by our colleagues on the other
want to do a damn thing about it, and, Urban Affairs be discharged from fur- side of the Senate who now tell us that
unfortunately, this body has been ther consideration of S. 1060, the we aren’t trying to pass legislation to
complicit in doing nothing—doing DETER Act, and the Senate proceed to help deal with COVID relief.
nothing—to seriously protect the in- its immediate consideration. I further The reality is that we won’t accept—
tegrity of our elections. We have to ask unanimous consent that the bill be without debate or amendment—their
keep asking ourselves the question why considered read a third time and take-it-or-leave-it proposals, and we
we would leave ourselves defenseless. passed, and that the motion to recon- need to get a bill on the floor to start
The only thing you can keep going sider be considered made and laid upon dealing with these things.
back to are these continuing state- the table. Let’s go back to election interference
ments by President Trump talking The PRESIDING OFFICER. Is there because I found it just remarkable that
about how he respects his friendship objection? the claim is made that when we passed
with Vladimir Putin and President The Senator from Idaho. major legislation—with over 90 Sen-
Trump’s actions time and again favor- Mr. CRAPO. Mr. President, reserving ators on this floor voting for it—that
ing the Russian position. the right to object, this morning the put specific sanction authority and
We have a last-minute opportunity Senate Judiciary Committee reported sanctions on Russia for election inter-
here. There are 12 days to go before our out Judge Amy Coney Barrett’s nomi- ference, for its aggression in Crimea,
election. Let us, finally, in light of the nation to the U.S. Supreme Court. I and for its other aggressive behavior
information we got yesterday and the was proud to vote for her in com- around the globe—particularly its
information we have gotten on a mittee. cyber security violations—and we have
monthly basis, let us, as the U.S. Sen- Unfortunately, my friends on the been implementing sanctions for that
ate, at least say today: If we catch you, other side of the aisle decided to boy- entire period of time. I just want to re-
Russia, if we catch you, Iran, we don’t cott the executive session. In addition, view a little bit of it.
care who you are, if you are an adver- each day, the Democratic leader has On top of it, as I indicated, the Presi-
sary interfering in our elections, there attempted to adjourn the Senate. dent has used his IEEPA authority for
will be a price to pay. They say that the Senate should not additional sanctions activity. The
That was a bipartisan idea more than be working on the nomination of Amy President signed an Executive order
2 years ago. We still get a lot of lip- Coney Barrett, and that it is delaying that allows for sanctions on any nation
service in favor of it here on a bipar- work on COVID relief. Now we hear or individual who authorizes, directs,
tisan basis. But when it comes to actu- today that we are delaying work and or sponsors interference in our elec-
ally doing something about it and hold- not even engaging in any response to tions.
ing a vote, time and again we are de- the election interference that we knew The National Defense Authorization
nied that opportunity. 4 years ago occurred and which, as my Act, signed by the President last year,
What is interesting is when this issue colleague said, nobody should be sur- included numerous provisions designed
came up just last year as part of the prised that we heard again that there to strengthen our deterrence against
national defense authorization bill, we foreign interference.
are efforts on election interference by
had a motion on this floor to instruct The President has taken a strong
Russia, by Iran, and others.
the conferees from the House and the Yesterday, there were three different stand against Russia for its malign ac-
Senate that as part of the Defense au- live unanimous consent requests like tivities, including imposing sanctions
thorization bill, we thought it was im- this to bypass committees and imme- on more than 300 separate Russian-re-
portant to also protect our democracy lated targets through 32 distinct ac-
diately pass legislation without debate
from interference. We said that you tions; imposing sanctions against 7
or amendments. These motions to ad-
should include a provision like the Russian oligarchs, their 12 companies
journ and take-it-or-leave-it requests
DETER Act. But as soon as that got and 17 senior Russian government offi-
are a fight over the Senate floor sched-
behind closed doors, there was a furi-
ule rather than building the necessary cials; establishing rolling designations
ous effort by the Republican Senate
bipartisan support to pass needed legis- to strengthen sanctions in response to
leader and the Trump administration
lation. Russian aggression against Ukraine
to prevent that from happening. I had
We are told that we haven’t done and Russian efforts to evade sanctions
numerous conversations with my col-
anything for 4 years, turning to focus on North Korea, Syria, Iran, and oth-
league from the House side, the chair-
specifically on the question of election ers; imposing sanctions against 16 enti-
man of the Armed Services Committee,
interference. The reality is that we ties and individuals, including affili-
and it was opposed by the administra-
have already signed into law the Coun- ates of the Russian Internet Research
tion and opposed by the Republican
tering America’s Adversaries Through Agency for their roles in Russian inter-
Senate.
So here we are. Nobody should be Sanctions Act—or CAATSA—the ference in our elections; imposing sanc-
surprised by what we heard yesterday. BRINK Act; the Hong Kong Autonomy tions against three individuals and five
The surprise for the American people Act that substantially expanded sanc- entities in Sudan assisting the IRA fin-
has got to be: Why the hell didn’t we do tions on Russia, North Korea, and ancier, Prigozhin, in evading pre-
anything about this for 3 years? We China; and the White House, in addi- viously imposed sanctions; designating
brought everybody together after 2016. tion, has taken steps to use its IEEPA three additional IRA actors for sup-
I remember we lined up all the intel- authority to impose additional tar- porting the IRA’s crypto currency ac-
ligence officials, including recent ap- geted sanctions on those who at- counts; imposing sanctions on Russian-
pointees by President Trump, and they tempted to interfere in the U.S. elec- related oil brokers for their role in as-
all told us what had happened in 2016. tion. sisting the circumvention of sanctions
Everybody said we are going to work We are told we aren’t doing anything against Venezuela; expelling 60 Russian
really hard to stop it from happening to work on the COVID relief package. intelligence officers from the United
in 2020. Yet one thing that we could do My colleague from Maryland men- States. And the list goes on. The argu-
to make it clear upfront that there tioned that they tried to pass the He- ment that this administration and this
would be a price to pay, we have not roes Act here in the Senate through a Senate have done nothing is simply
done. Shame on the U.S. Senate for not similar tactic that we are seeing today false.
moving forward. with regard to the DETER Act. What Let’s just talk a little more about
There are 12 days left. The clock is he didn’t point out was that twice we election interference. The administra-
ticking. Let’s finally take action so at have tried to bring forward a $500 bil- tion here, domestically, has taken un-
ctelli on DSK11ZRN23PROD with SENATE
least our adversaries will know that lion COVID relief package on the floor precedented action to bolster the secu-
there will be a price to pay if they con- of this Senate only to have the effort rity of our elections and to counter for-
tinue in these final 12 days to try to to even move to the bill rejected by our eign malign influence. President
interfere in our election process. colleagues on the other side. And we Trump signed into legislation passed
Mr. President, as if in legislative ses- tried to bring forward the PPP Act just by this Senate that spent more than
sion, I ask unanimous consent that the 2 days ago, only to have that act $1.2 billion in the States for election
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S6392 CONGRESSIONAL RECORD — SENATE October 22, 2020
security, infrastructure strengthening, foreign interference in our election I think, as my colleagues know, the
and technological enhancements. going on. The shocking thing is we Democratic leader has proposed that
The President funded the formation haven’t done enough. we adjourn subject to being called back
of the Election Infrastructure Informa- I appreciate him listing some of the for the purpose of acting on a bipar-
tion Sharing and Analysis Center, a actions the administration took about tisan agreement, which we would all
center which helps share security in- particular Russian individuals, like to see, on a COVID–19 response bill
formation with elected officials across oligarchs, but as you know, and as we but something which the Republican
all 50 States and more than 2,400 local know, the DETER Act is not aimed at Senate leader has said he is unwilling
and territorial electoral offices. just punishing particular bureaucrats to pursue, even the contours of an
The administration has conducted and apparatchiks who are obeying the agreement that have been discussed be-
hundreds of cyber security assessments orders of President Putin. The whole tween Speaker PELOSI and the adminis-
at no cost to election officials and pro- idea is to deter President Putin by tration. The majority leader continues
vides vulnerability reports on a weekly making him understand that he and his to block that, and we continue to see
basis. country will pay a price if they inter- today blocking a measure to protect
The administration has traveled the fere by sanctions on the banking sector our democracy with 12 days to go be-
country to hold exercises in training and on the all-important energy sector fore November 3.
with State and local election officials in Russia. So, again, I think we are going to rue
and their private sector partners to im- In order to stop interference, we need the day that we weren’t clear, up front,
prove and test their ability to prepare to do two things: We need to harden that the United States is going to
for and respond to cyber incidents. our systems at home. My colleague stand up and protect its democratic
The administration has held multiple mentioned some of the actions that process.
national-level tabletop-to-vote exer- have been taken to do that. I will re- I yield the floor.
cises with thousands of State and local mind my colleagues that Democrats Mr. CRAPO. Mr. President, just to
election officials and private sector put forward the proposal for more re- briefly respond.
partners nationwide. sources for State and local govern- The PRESIDING OFFICER. The Sen-
The administration has provided tai- ments to harden those defenses, and it ator from Idaho.
lored security guidance to nearly 6,000 was only after a big fight and lots of Mr. CRAPO. Mr. President, first of
local election jurisdictions. opposition from the Republican leader all, the notion that there has been
Under President Trump, the adminis- here in the Senate that we were able to blockage of a deal on this side is news
tration has pushed to increase the se- get those funds. Additional funds have to me. The notion that we did not ac-
curity of elections through auditable been sitting in the Heroes Act which cept the Heroes Act from the House is
paper ballots, and now more than 92 passed the House 5 months ago and yet not news. Trying to put the Heroes Act
percent of the voters in the general nothing. on the floor of the Senate without the
In the proposal put forward the other opportunity for debate or amendment
election will cast their ballots with an
day by the Republican leader, there
auditable paper record. is also not the right way to try to build
was no more money to harden our de-
I could go on and on about this, but bipartisan legislation for a deal.
fenses. But hardening our defenses is I also find it incredible that this ad-
the bottom line is, yes, we do need to
not enough. What you want to do is ministration’s actions sanctioning
work and continue to be alert—and my
prevent the attacks in the first place,
colleague from Maryland knows that I Russia are considered to be a pinprick
prevent the interference in the first
am willing to work on these issues— in comparison to whatever greater
place. And so long as that is cost-free
but we can’t just continue to have sledgehammer is supposedly needed.
to Vladimir Putin or any other adver-
these take-it-or-leave-it, no-amend- The CAATSA legislation that I ref-
sary, they are going to go for it. They
ment, no-opportunity-for-change unan- erenced, which was passed in the first
have got nothing to lose. They have
imous consent requests in the context year following the election of Presi-
got everything to gain by sowing more
of the obstruction effort being under- dent Trump, which President Trump
unrest and lack of confidence here.
taken right now to try to delay and So the way to deal with that is the signed and supported, was a massive in-
interfere with a vote on Amy Coney DETER Act. And the Senate agreed, at crease in American sanction authority
Barrett. least with that unanimous vote a little against Russia—and North Korea, by
We can work on all of these issues. I while ago, and then nothing happened. the way—and has been utilized more by
invite my colleagues on the other side Yet, we got report after report from this President than any sanction au-
to vote yes the next time we try to our intelligence community that—no thority that any other President has
bring a COVID relief bill to the floor. surprise—we have this ongoing inter- ever had. The sanction regime that we
Because of these reasons, I object. ference. are putting in place today against Rus-
The PRESIDING OFFICER. The ob- The Senator mentioned all these ac- sia is designed to go aggressively at
jection is heard. tions the Trump administration has election interference. The argument
The Senator from Maryland. taken. Obviously, Vladimir Putin that nobody is doing anything is sim-
Mr. VAN HOLLEN. Mr. President, I didn’t get the message. He didn’t get ply wrong.
thank my colleague for the comments, the message. Taking pinprick actions Now, I stand ready to work to build
but to suggest that this is a fight over after the fact isn’t going to scare off even stronger sanction regimes that
the schedule and not an effort to pro- Vladimir Putin or any of our adver- can work without destroying our own
tect our elections from what we know saries. The only way to get them to economy or work without destroying
is an ongoing and continuing imminent focus and stop interfering is to say our own industry in different sectors,
threat, I believe, misses the point en- now, up front, that if you cross this which is part of the problem with the
tirely. wire, if you trip this threshold and bill that is being proposed without
He mentioned that this is a take-it- interfere in our elections in certain amendment here today. But we need to
or-leave-it proposition. I would suggest substantial ways, it is going to hurt— recognize that the accusations that
that the Senate has already taken this not just somebody in the bowels of this administration and this Senate do
because we voted unanimously last your bureaucracy or one intelligence not take election interference seri-
year, as part of the Defense authoriza- officer or five or ten, but it is going to ously when we passed the most signifi-
tion bill, to adopt this provision as hurt, and you are going to feel the pain cant, sweeping legislation that has
part of our national defense to defend in your country. ever been passed in this country to deal
our democracy. Every single Senator So I must say I remain incredibly with it—and that there is no effort to
ctelli on DSK11ZRN23PROD with SENATE
voted—or no one came forward to ob- disappointed that, even at this late try to work on the COVID relief pack-
ject at that time. Yet here we are 12 hour, we are unwilling, as a body, to age—is just part of, frankly, the polit-
days out from election, no action take this very important action, just ical attack of the day.
taken. We get this report yesterday as we have been unwilling to act on the I am sorry. This is simply wrong. If
about foreign interference, and nobody Heroes Act, both the first version and we want to work together on either of
should say: Oh, we are shocked there is the second version. these two issues or other issues, we can
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October 22, 2020 CONGRESSIONAL RECORD — SENATE S6393
on this floor, but we can’t do it by contentious political issues. I think she Numerous Senators have noted that,
these kinds of motions to adjourn and was correct to do so. We shouldn’t em- under ordinary circumstances, a nomi-
unanimous consent requests to bring broil judges in the political controver- nee like this would get overwhelming
bills to the floor and pass them with- sies that we debate here. Judges are support, but unfortunately these aren’t
out amendment. It is just not the way. not policymakers, primarily. They are normal circumstances. Our colleagues
And my colleague knows this is the certainly not accountable to the vot- on the other side made clear from the
kind of thing that Republicans and ers. They have lifetime tenure. That is get-go that, for them, this confirma-
Democrats do. They want to bring at- why their responsibilities are limited tion process wasn’t even about the
tention to their legislation. But that is but important at the same time. Nor nominee or her qualifications. They at-
not the way you build a bipartisan by asking her questions back in 2017 tempted to hijack the hearing and use
agreement that can actually become about her religious beliefs, whether she it for—well, it is a harsh word, but it is
law. is an orthodox Catholic, having to lis- true—fearmongering.
Mr. VAN HOLLEN. Mr. President, I ten to statements like ‘‘Well, the Last week’s hearing was like split-
will be very brief in response. dogma lives loudly within you’’ be- screen TV. On one half, Republican
This is a bipartisan bill. It has bipar- cause she is a woman of faith, sug- Senators asked the judge about her ju-
tisan cosponsorship. We have been gesting that somehow she would vio- dicial philosophy, prior rulings, and a
working for 3 years. We have made late her oath as a judge and impose her range of constitutional doctrines. On
changes. And the proof that everything own views instead of the law from the the other half, our Democratic col-
we are doing right now is not working role—from the bench. leagues delivered monologues about
is the fact that we just had the DNI say Well, I think Judge Barrett took all ObamaCare—about a future case that
we continue to have Russian inter- of us to school a little bit and reminded she may be called upon to participate
ference and other interference in our us very clearly that it is a judge’s job in. They attempted to convince the
election. That is why we have to do to impartially apply the law as writ- American people that if she was con-
something. ten, whether it is the Constitution firmed, she would somehow take away
The PRESIDING OFFICER. The Sen- itself or the laws that Congress passes. their healthcare. Well, that is, at bot-
ator from Texas. She not only stated her commitment tom, an insult to the judge. It somehow
Mr. CORNYN. Mr. President, I have to this most basic principle, but she presumes that she is essentially audi-
enjoyed the colloquy here between our also has a record to back it up. During tioning for the job based on her ruling
colleagues on election interference. I her time on the Seventh Circuit Court in a future case. That would violate
am privileged to serve on the Senate of Appeals, Judge Barrett has sided every aspect of a judge’s oath.
Select Committee on Intelligence that As Judge Barrett noted, judges don’t
with her colleagues 95 percent of the
has undertaken a 31⁄2-year-long inves- make policy pronouncements; they de-
time in more than 600 cases.
tigation of the election interference cide cases. And she very carefully de-
It is no surprise that the American
that occurred in 2016, and I think the scribed the case that is pending in
Bar Association, which the minority
five-volume report of the Select Com- front of the Supreme Court. It is not
leader has called the gold standard,
mittee on Intelligence—bipartisan re- about ObamaCare writ large; it is
gave Judge Barrett its highest rating,
port—is indicative of the seriousness about a technical doctrine called sever-
saying she is well qualified to serve on
with which we all treat this subject. ability: If one part of a statute is
the Supreme Court. But we all knew
But I appreciate the Senator from deemed unconstitutional—and this one,
that.
Idaho, the chairman of the Banking As I looked around the room during I believe, is, the individual mandate,
Committee, for his comments, for re- because we zeroed out the penalty
the first day of questioning, I noticed
freshing all of our memories about the under the Tax Cuts and Jobs Act—the
all the binders that people like me and
huge amounts of money that we have question is, Does the rest of the legisla-
my other colleagues had—notebooks,
spent in assistance to State and local tion—does the rest of ObamaCare
piles of paper, books, reference books
election authorities, as well as the stand, or does it all have to be struck
on both the desks of Republican and
good work being done by the Depart- down?
Democratic members of the com- Well, she noted that there had been a
ment of Homeland Security to help mittee. If my colleagues’ materials number of cases decided recently by
them secure their networks against preparing for this historic hearing were the current Supreme Court that
cyber attacks, as well as other ele- anything like mine, they included pre- seemed to treat severability with par-
ments of the U.S. Government, includ- vious decisions by Judge Barrett, aca- ticular care. Indeed, as a scholastic, as
ing our intelligence community, the demic writings, letters of support, and an academic, I think she and others
National Security Agency, and others. detailed background information about noted that it is not exactly appropriate
This is important work, but I agree her career. for judges to go out and strike down
with him—this is not how we actually But I noted that, as Judge Barrett statutes except to the extent that they
build bipartisan consensus here, by was answering our questions, she are unconstitutional.
coming and asking for unanimous con- seemed to be doing so without even They said: If she is not coming for
sent without going through the appro- glancing down at any notes. So I asked your healthcare, she will serve cor-
priate procedures and, frankly, the Judge Barrett—I violated the No. 1 rule porate interests, destroy the environ-
hard work that it takes to build con- that you learn as a lawyer not to ask a ment, somehow chip away at our lib-
sensus. question you don’t know the answer to. erties.
NOMINATION OF AMY CONEY BARRETT I did it anyway because I had a hunch. These are nothing but baseless scare
Mr. President, on another matter, I asked her to hold up the notepad sit- tactics and stunts from our Democratic
today the Senate Judiciary Committee ting in front of her to show us what colleagues. The latest one came this
advanced the nomination of Judge materials she had been using during morning, when they actually boycotted
Amy Coney Barrett to serve on the Su- the hearing. It was a memorable mo- the Judiciary Committee vote on
preme Court. ment. She held it up and smiled, and it Judge Barrett. They couldn’t even be
Throughout her hearing last week, was blank. I think that spoke volumes bothered to show up and vote against
Judge Barrett wowed America and cer- about her competency, her preparation, the nominee they claim is a threat to
tainly my constituents in Texas with her intelligence—all things that would our democracy. So do you know what?
her impressive knowledge of the law commend her confirmation. Judge Barrett was confirmed unani-
and her clear understanding about the Well, with each question she an- mously by the Senators present today.
limited but important role that judges swered, Judge Barrett demonstrated Instead, in their chairs, they had
ctelli on DSK11ZRN23PROD with SENATE
play in our Republic. her vast knowledge of the law. She large photographs, much like we have
She followed the precedent set down made clear she understood, as I said, seen at sports arenas and ballparks in
by Ruth Bader Ginsburg, the so-called the limited role of judges, and she the wake of the pandemic, since we
Ginsburg rule, and refrained from an- showed compassion and heart as she have had to socially distance. You
swering questions on how she would poured herself into her work each and can’t have a large crowd at the ball-
rule in future cases or commenting on every day. park. So people have these cutouts.
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S6394 CONGRESSIONAL RECORD — SENATE October 22, 2020
That is what it looked like in the Judi- inspirational sayings—that are de- agenda that is about as popular as a
ciary Committee today. tailed into and painted onto the walls pair of wet socks.
As I said, because of their antics, be- of the Capitol. One of my favorites, More people without health insur-
cause of this stunt, Senator GRAHAM which I think also happens to be one of ance and higher rates? Nobody wants
asked for unanimous consent to pro- the shortest, adorns a wall, I believe, that. Easier access for dark money to
ceed with the markup, and, of course, on the way into the House Chamber. influence Congress? Not very popular.
there was no objection because any po- The saying is attributed to Alexander Less regulation of financial companies
tential objector had voluntarily ab- Hamilton, and it reads, simply: Here, and polluters? No, few people out there
sented themself. Sir, People Govern. are clamoring for that. The criminal-
The truth of the matter is, Judge Here, Sir, People Govern. It is pur- ization of abortion? Not a big
Barrett’s qualifications speak louder poseful that that quote finds its way groundswell in America. The elimi-
than the unsubstantiated claims made onto the walls of the Capitol Building nation of the firearms background
by her opposition. She graduated at the because this is the branch of govern- check system? Yes, pretty much every-
top of her class from Notre Dame Law ment that is given primacy by our body hates that idea too.
School. She held two prestigious clerk- Founders. It is no coincidence that we You see, no parts of that agenda can
ships, including on the Supreme Court. are the article I branch. Governing— actually pass Congress. Certainly not
She has litigated in the trenches before the process of setting the rules by now, with Democrats in charge of the
transitioning into academia, where she which the country lives—is supposed to House. But they couldn’t even get it
wrote and taught constitutional law, happen here, in the article I branch, done when they had control of the Sen-
about our Federal courts and statutory the elected wing of American democ- ate, the House, and the White House.
interpretation. And, as I said, for the racy. They spent months trying to repeal the
last 3 years, she has put all of that But as all of my colleagues know, Affordable Care Act, for instance, but
great experience and training to work there has been very little governing because Republicans figured out that
on the Seventh Circuit. here happening of late. This Congress— they would all lose their seats if they
This is an exceptional judge with a this Senate—has been effectively dead. repealed the law, they gave up and
clear record of faithfully and impar- Here in the Senate, half the normal walked away.
tially applying the law, and she will bills have been passed during this Con- Frankly, they gave up on it all, not
bring additional value to the U.S. Su- gress, compared to normal years, and just because they feared the electoral
preme Court. nearly one-third of that legislation backlash—no, also because they found
One of the things I thought was so re- another way to get their agenda done.
that we have finished has just been re-
markable is that Judge Barrett is also You see, Republicans found another
naming postal buildings or authorizing
an incredible role model. I think her place for that Alexander Hamilton
commemorative coins. In fact, over the
elevation to the highest Court in the quote. It turns out that they can’t—or
last 2 years, the Senate has spent floor
land should be an encouragement to they don’t want to—govern here. But
time on a grand total of 20—20—pieces
young women who aspire to profes-
of legislation that weren’t routine or they found a way to get another branch
sional success and as a great role
emergency spending measures. That is of government, insulated almost com-
model on how to balance what we all
less than one bill a month. We are get- pletely from popular opinion, to imple-
try to figure out how to balance, which
ting paid $170,000 a year to work on one ment their world view. They want that
is your professional and your personal
substantive piece of legislation every inscription—Here, Sir, People Govern—
life. She and her husband do a mar-
30 days. to move to a building a block away, on
velous job with their seven children,
Now, perhaps you could intellectu- the other side of First Street—the U.S.
both being full-time professionals.
If confirmed, she would be the first ally reconcile this legislative desert if Supreme Court.
there were no problems to solve in With the elevation of Amy Coney
mother of school-aged children to serve
as a Justice and only the fifth woman America, if not a single major change Barrett to that Court, Republicans will
to serve on the high Court. She would in law was necessary. That, of course, have completed their methodical, care-
also be the first Justice on the current is not the case. A pandemic disease has ful surgical procedure—the transplant
Court with a degree from a law school killed over 200,000 Americans. An of American rule setting from the ab-
other than Yale and Harvard and bring opioid crisis that rages largely un- dominal cavity of this building to that
much needed educational diversity to checked took another 70,000 lives last of the building across the street.
the bench. year, just in drug overdoses alone. One I want to explain what I mean by
Judge Amy Coney Barrett will serve out of 10 Americans are out of work this, but, first, let’s just lay down an
our country well on the high Court, today. Wildfires and hurricanes and obvious predicate about the process
and I have full faith in her ability to droughts, caused by a man-made warm- that brought us to this moment. It is
faithfully and impartially apply the ing of the planet, ravage our landscape. important. Senate Republicans were
law as written. No, there are really big problems that not telling the truth, as it turned out,
I want to thank Chairman GRAHAM need to be solved—deadly problems, ex- when they said in 2016 that they be-
for leading a fair and respectful hear- istential problems. lieved the Senate shouldn’t confirm a
ing. The ranking member, Senator I keep searching for the reason that Supreme Court Justice in the final
FEINSTEIN, made that observation, and no legislation is happening here, espe- year of a President’s term. Shocker—
I thought that was very generous and cially since the Senate does actually they didn’t actually mean what they
civil of her. I would note that many of seem to be doing something. I mean, I said. They said it, in 2016, to try to put
the more radical folks on the left have am here voting most weekdays. So we some lazy, razor-thin veneer of intel-
attacked Senator FEINSTEIN for her ci- must not be totally out of business. No, lectual legitimacy on their refusal to
vility, and they are just wrong. I think in fact, the Senate has been doing let President Obama fill a vacancy on
she remains a good role model for all of something, and that something is con- the Supreme Court, as was his duty and
us. We can have our disagreements firming judges to a record number of right under the Constitution. But we
without being rude or uncivil or dis- vacancies in the Federal court system. know now that their obstruction of
agreeable. I think Senator FEINSTEIN is Those record vacancies were created Merrick Garland was, of course, just a
a model for that. by Senator MCCONNELL, who refused— simple, naked, anti-democratic, anti-
I am proud to support Judge refused—to confirm any judicial nomi- constitutional power grab.
Barrett’s nomination in the Judiciary nees, including to the Supreme Court, They should have just admitted it
Committee, and I look forward to vot- during President Obama’s final 2 years then because at least it would have
ctelli on DSK11ZRN23PROD with SENATE
ing for her next week on the Senate in office. And the primary reason that avoided the mind-blowing hypocrisy of
floor. Senator MCCONNELL has stopped pass- this sudden, stunning reversal of posi-
The PRESIDING OFFICER. The Sen- ing legislation and has turned this in- tion. Now, suddenly, all of a sudden it
ator from Connecticut. stitution into a judge-confirming sim- is OK to confirm a Justice in the last
Mr. MURPHY. Mr. President, there ple machine is because the modern Re- year of a President’s term—in the last
are a lot of inscriptions—famous words, publican Party currently owns a policy few months of an election, while people
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October 22, 2020 CONGRESSIONAL RECORD — SENATE S6395
are actually voting, as it turns out. Of in order to be the fifth vote to invali- on-going monitoring. He now has a ‘‘pre-
course, it is, because all that matters date the Affordable Care Act. existing condition.’’ He was laid off from his
here now is power. We get that. We will That is not conspiratorial thinking. job . . . six weeks ago [a job he had for 28
That is the President’s word. He has years]. We have no income, and [we have] to
remember. The rules have changed. pay . . . to have his health care continued.
The Republicans changed them. You said he is not going to put people on Without the ACA, we would not only have no
went back on your word. And it makes the Supreme Court unless they do the income, but also no health insurance. We
this whole process lack legitimacy. opposite of what John Roberts did. would be destitute trying to pay his health
It is important to stipulate that, but The same goes for Neil Gorsuch and care bills.
it is an insufficient explanation, admit- Brett Kavanaugh. They have all been Imagine 23 million people losing
tedly, of my opposition to Amy Coney picked for the Court because of their health insurance in the middle of a
Barrett, because the consequences of willingness to bend the law and the pandemic. But that is why we are rush-
this nomination go far beyond the Constitution, through this riotously ing through Amy Coney Barrett’s nom-
downward spiral upon which Repub- flexible doctrine called originalism, to ination—because there is this chance,
licans have placed this institution. No, comply with Republican requests of the finally, to grab the brass ring, to get
the real travesty here is that trans- Court. This new crowd of jurists that rid of the Affordable Care Act. If you
plant of lawmaking from here to the are trained, midwifed, and championed don’t get Amy Coney Barrett on the
Supreme Court and what it is going to by Republican political associations Court by the time that hearing hap-
mean for regular people out there when like the Federalist Society are brought pens in 3 weeks, it makes that effort a
5 of 300 million Americans—5 people up through the farm system and up to lot harder.
who are unelected and totally unac- the majors to do one thing, to win Healthcare isn’t the only area of our
countable to popular opinion—start games for the franchise—the pro-cor- daily lives that will be changed if Amy
changing the rules under which we all porate, anti-worker, modern Repub- Coney Barrett turns the Supreme
live because the rule changes they sup- lican Party. Court into a new legislative body. Let
port and their political movements Really, Coney Barrett’s confirmation me take you down another rabbit hole:
support are so wildly unpopular that is just the final act of this plan to the use of the Supreme Court to re-
they couldn’t be passed in Congress. So make the Supreme Court do what the write the Nation’s firearm laws.
Republican Congress couldn’t—in this The National Rifle Association’s vice
they had to be enacted over in the Su-
case, end the Affordable Care Act and grip over Congress is nearly over. Evi-
preme Court.
Seventy times since the passage of the insurance it provides for 23 million dence of that comes from the 2017–2018
the Affordable Care Act, Republicans Americans and the protections that it legislative session, when the NRA con-
have tried to gut all or part of the law. gives to 130 million Americans with trolled both Houses of Congress, had
Thirty-one times the Republicans tried preexisting conditions. their man sitting in the Oval Office,
I love this argument that Repub- and they had priorities, but they
to repeal it in its entirety. They shut
licans use that all of a sudden we couldn’t get any of them called up for
down the entire Federal Government
shouldn’t worry about what is about to a vote. Then, in 2018, 30-plus NRA A-
for 2 weeks, trying to strong-arm
happen on the Supreme Court, that it rated House Members were removed
Democrats to acquiesce to their de-
is all a construction of our imagination from office by their voters and replaced
mands to end health insurance for 20 that there is some effort under way to by supporters of measures like uni-
million Americans. But all 31 times, invalidate the Affordable Care Act. versal background checks and bans on
they failed—most spectacularly, of I didn’t just wake up yesterday. I AR–15s. NRA-sponsored measures can’t
course, in the summer of 2017. have been in Congress since the pas-
So, having failed here at this polit- even get a vote in a Republican Con-
sage of the Affordable Care Act. I have gress anymore because they are so un-
ical imperative, Republicans turned to watched the methodical, daily, popular.
the courts. Senator CORNYN kind of ex- unending campaign of Republicans to But just like ACA repeal, the win-
plained what they did for you in his re- strike down the entirety of the Afford- dow, though it is closed here to weaken
marks just before mine. He said, Re- able Care Act. I watched them make our Nation’s gun laws, remains open on
publicans put into the 2017 tax bill a the change to the tax law when they the Supreme Court. Once again, it is
relatively small change to the Afford- couldn’t repeal it through Congress. I time to abandon legislative action and
able Care Act that opened it up to judi- then watched mainstream Republican for Republicans to turn to the Court.
cial assault. Then, not coincidentally, attorneys general all together, en Amy Coney Barrett represents the
Republican attorneys general, joined masse, bring a case to invalidate the vanguard of the new, radical, out-of-
by President Trump, sued to invalidate entire law. I watched the Trump ad- the-box pro-gun industry thinking on
the entire law because of that one ministration break with precedent and the definition of the Second Amend-
small change. Senator CORNYN talked join that suit, arguing against his own ment. It is the kind of radical, new
about severability. That is not what government’s position. thinking that is necessary if one wants
the plaintiffs in the case, including Now I have watched this Senate ele- the courts, rather than the legislature,
President Trump, are asking for. They vate three people to the Supreme Court to invalidate background checks laws,
are asking for that change in law to who have been brought up through that something an elected body could never,
bring down the entirety of the ACA, same political movement and will vote ever, ever do, what with 90 percent of
and President Trump confirmed that, to end those protections in the Afford- the Americans supporting universal
once again, today in an interview on able Care Act. My eyes have been background checks.
‘‘60 Minutes.’’ opened these last 10 years. I know what Amy Coney Barrett’s opinion in
A Republican-appointed judge ruled is going on, and so do the American Kanter v. Barr is a sight to behold,
for Trump at the district court, and people. really. In it, she argues it is unconsti-
then a Trump-appointed, McConnell- Joe is a constituent of mine from tutional for a legislature to prohibit
confirmed judge provided the decisive East Haven. He says: felons from owning a gun. She says the
vote at the appeals court in favor of After working for decades, I was one of Second Amendment guarantees certain
striking down the law. Now that entire millions laid-off due to the covid-19 eco- felons the right to own firearms, even
law is up for legal challenge at the Su- nomic disaster. Not only was my livelihood though 90 percent of Americans think
preme Court, and—surprise—the hear- destroyed, but my health insurance dis- otherwise.
ing to invalidate the entirety of the Af- appeared along with it. I am not old enough What she writes to back up her view
for Medicare nor young enough to feel secure
fordable Care Act is in 3 weeks. without health insurance. Private insurance is even more radical, even more dan-
You wonder why we are rushing gerous. She says that courts, not the
ctelli on DSK11ZRN23PROD with SENATE
and COBRA are simply too expensive for the
through this nomination in record average middle class individual who now has legislature, should be the finder of fact
time. Amy Coney Barrett, who has al- no income. The ACA is my only option for on whether a person is too dangerous
ready stated on the record that she healthcare coverage. to own a gun. And she says that the
thinks the law, even before the changes Margaret from Enfield, CT, says: courts can overturn any gun restric-
in the tax bill were made, is unconsti- My husband had a near fatal heart attack tion if they find evidence that refutes
tutional, has been selected specifically 2 years ago. He has recovered but requires the efficacy of the law.
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S6396 CONGRESSIONAL RECORD — SENATE October 22, 2020
Basically, she is saying the courts ting, norm-busting Supreme Court, Mike is doing a great job. In fact,
are now going to micromanage our gun there is really no need for Republicans this year, he was selected to receive
laws. She believes the Second Amend- to pass laws anymore. The Coney Bar- the Ohio State Bar Foundation’s Ritter
ment puts the courts, not the legisla- rett Court will do all the lawmaking Award, which is a lifetime service
ture, in charge of choosing who can Republican interests require. And, award given to one lawyer or judge in
own a weapon and who can’t. That is, frankly, if Democrats win this Novem- Ohio every year to recognize a long-
of course, a curiously convenient view ber, that same Coney Barrett Court term commitment to ethics, profes-
for a Republican Party that would love will just invalidate any attempts that sionalism, and integrity. That is Mike.
to weaken our gun laws but can’t do it Congress tries to make to expand the Judge Newman is the right choice for
through Congress. Now—surprise Affordable Care Act or pass universal this important seat in his having
again—the Supreme Court rides to the background checks or protect voters’ served the community of Dayton with
rescue. access to the polls. honor and distinction, and I am con-
This, of course, would be devastating I get it. I know it feels weird to hear fident he will do the same in this new
for the safety of Americans if criminals somebody like me describing Amy role. I urge my colleagues to, in a mo-
could once again buy guns. Last week, Coney Barrett as extreme because she ment, strongly support his confirma-
I was spending time with Janet Rice, doesn’t look extreme; she doesn’t talk tion.
whose son Shane was killed just a few in extreme tones. But, really, look at NOMINATION OF AMY CONEY BARRETT
blocks from my house in Hartford. An what she stands for: the elimination of Mr. President, of course, this week,
argument over a girl turned deadly the Affordable Care Act, the right of we are also continuing to consider an
when one angry young man went to the felons to own guns, the interpretation important nomination of another Fed-
front seat of his car and grabbed an il- of a Constitution to allow for the flood eral judge—Seventh Circuit Judge Amy
legal weapon, likely bought through a of billionaire money into politics. Coney Barrett—to fill the Supreme
loophole in the background checks sys- Those are extreme views. Do you know
Court vacancy.
tem, and used it to shoot Shane in the why I know that? Because none of Yesterday, I had the chance to sit
that—the repeal of the ACA, the invali- down one-on-one with Judge Barrett to
back.
Weaker background checks systems dation of our background checks sys- ask her questions and follow up on
mean more illegal weapons, more sui- tem, the erosion of campaign finance what I thought was an impressive per-
cides, more domestic violence murders, laws—none of that could pass Congress formance before the Senate Judiciary
but they probably mean higher profits even when the most partisan Repub- Committee. Even before our meeting,
for the NRA’s members. licans were in charge of all of the rel- what I knew about Judge Barrett sug-
Let’s move on to one last priority of evant lawmaking institutions here.
gested she would be a good candidate
Republicans that is stuck, that can’t That agenda was so unpopular, so mar-
for this important role. Based on what
move, in the legislative branch: more ginal, that even a Republican Congress
I heard in our meeting, it is clear to me
power and influence for dark money po- and a Republican President wouldn’t
she is not only well qualified to serve
litical groups. touch it in the end.
But over there at the Supreme Court, on the Court but that she is also a
No Member of the Senate who wants great listener and has the right under-
that is now the place where people will
to run for reelection in this body would standing of what the Court’s role is.
govern after Amy Coney Barrett is
ever introduce a piece of legislation al- She will be a terrific Supreme Court
rammed through in the quickest con-
lowing anonymous billionaire donors Justice. I believe she also understands
firmation process in modern history,
to gain more influence over the polit- the need to address the lack of faith in
an abomination of a process that
ical process. That would be career sui- our institutions in this city, including
makes a mockery of the Senate and the
cide. No one in America supports that. the Court, and is willing to play an im-
Constitution. Over there, that will be-
But these dark money groups are a portant role in helping to rebuild trust.
come the new power in American de-
boon for Republicans because most of mocracy, and we are all worse off for Importantly, she reiterated to me
the billion-dollar interests that want it. what she said in the committee, which
to influence elections—like the oil and I will oppose Amy Coney Barrett’s is that she has a commitment to inter-
gas industry, for instance—support Re- nomination. pret the text of the Constitution and
publican candidates. I yield the floor. the laws as they are written rather
Once again, the Supreme Court be- The PRESIDING OFFICER. The Sen- than through the lens of her own policy
comes that back door to get rules put ator from Ohio. and personal preferences. I appreciate
in place that advance a Republican po- NOMINATION OF MICHAEL JAY NEWMAN that modest approach. It leaves the
litical interest that could never get en- Mr. PORTMAN. Mr. President, at 4:20 legislating to the representatives, who
acted by Congress. Amy Coney Barrett p.m. today, which is in about 5 min- have been elected by the people, rather
will join five other Justices who will utes, we are going to vote on a Federal than to the unelected judges. Of course,
all likely rule that most regulations of judge. We are going to vote on whether we are also all inspired by her personal
campaign finance laws, like our Fed- to confirm Judge Michael Newman to story and her commitment to her faith,
eral and State laws restricting the size be the next Federal judge for the to her family, and to her profession.
of donations to campaigns, are con- Southern District of Ohio. Let’s be honest. During normal, less
stitutionally invalid. I have known Mike Newman for over partisan times, this woman would be
The Court has already ruled that the three decades, and he is an excellent confirmed overwhelmingly. I believe
Constitution protects a corporation’s choice for this role. He is an active she is an excellent choice. I commend
right to spend limitless amounts of po- member of the legal community in the President for nominating her, and I
litical money. That is just the begin- Ohio and is particularly active in his strongly support her confirmation to
ning. Billionaires want all of our cam- community of Dayton. He is also in- the U.S. Supreme Court.
paign finance laws eviscerated, and volved nationally. He was the first I yield the floor.
that new radical, out-of-the-box think- magistrate judge ever to be appointed The PRESIDING OFFICER. The Sen-
ing on the First Amendment suggests national president of the Federal Bar ator from Ohio.
that day is coming if Amy Coney Bar- Association, through which he created CORONAVIRUS
rett does what is expected of her and an impressive national civics program Mr. PORTMAN. Mr. President, while
joins other ultraconservatives on the to allow young people, including a lot we have another minute, let me just
Court to strike down our remaining of young people in the Southern Dis- say on another topic, which is the
campaign finance laws. trict of Ohio, to meet with Federal coronavirus pandemic, I am deeply dis-
ctelli on DSK11ZRN23PROD with SENATE
Here, Sir, People Govern. That is judges. He started and presides over appointed that yesterday we had an-
what the inscription says on the walls the Southern District of Ohio’s Federal other vote here on the floor of the Sen-
of the U.S. Capitol. It used to be true. Veterans Treatment Court, which has ate wherein we offered legislation
Now the inscription should probably helped more than 70 veterans with which passed by a majority of the Sen-
read ‘‘Here, Sir, People Confirm’’ be- PTSD and opioid addiction. I have seen ators but not the supermajority needed
cause now, with an activist, rule-set- the court in action. that simply focused on the coronavirus
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October 22, 2020 CONGRESSIONAL RECORD — SENATE S6397
pandemic and the economic con- King Murray Stabenow Secretary of the Navy Paul Ignatius as
Klobuchar Reed Udall
sequences of it. Unbelievably, it was Markey Sanders Van Hollen
he celebrates his 100th birthday. I
blocked. In other words, we were not Menendez Schatz Warren would like to join Paul’s family and
able to move forward because the Merkley Schumer Whitehouse friends in recognizing his years of lead-
Democrats were not willing to at least Murphy Smith Wyden ership and service to our country.
get on the issue and begin to discuss NOT VOTING—3 The son of Armenian immigrants,
and debate the issue. This is sad to me. Harris Jones Sinema Paul completed his undergraduate
We are not out of the woods yet ei- studies at the University of Southern
The nomination was confirmed.
ther in terms of the economy or in California. There, he entered the Phi
The PRESIDING OFFICER. The ma-
terms of the pandemic. In fact, we are Kappa Tau brotherhood, the same col-
jority leader.
in the third phase now of the pandemic lege fraternity I would later join at the
MOTION TO RECESS
in many of our States, including in University of Louisville. Paul’s
mine, Ohio. We need help. This legisla- Mr. MCCONNELL. Mr. President, I achievements on campus were just the
tion had that help—as an example, $30 move to recess and ask for the yeas and beginning of his remarkable life.
billion-plus for a vaccine. We need that nays. Like so many other members of the
funding to be able to get a vaccine as The PRESIDING OFFICER. The Greatest Generation, Paul put his life
quickly as possible. We need money for question is on agreeing to the motion. on hold to serve in uniform during
therapies, money for our schools, and Is there a sufficient second? World War II. He interrupted his stud-
money for small businesses to be able There appears to be a sufficient sec- ies at Harvard Business School to en-
to keep their doors open. ond. list in the U.S. Navy and was commis-
The clerk will call the roll. sioned as a lieutenant. As an aviation
I am concerned that we are not using
The senior assistant legislative clerk ordnance officer, Paul served aboard
the same bipartisan approach we used
called the roll. the escort aircraft carrier USS Manila
four other times in this Chamber to
Mr. DURBIN. I announce that the Bay in the Pacific.
help deal with the coronavirus pan-
Senator from California (Ms. HARRIS), Returning home after 4 years in the
demic.
the Senator from Alabama (Mr. JONES), Navy, Paul completed his MBA at Har-
I yield the floor.
the Senator from Virginia (Mr. KAINE), vard and began a successful career in
VOTE ON NEWMAN NOMINATION
and the Senator from Arizona (Ms. the private sector. However, our coun-
The PRESIDING OFFICER. All SINEMA) are necessarily absent.
postcloture time has expired on the try would call on him once again. When
The PRESIDING OFFICER. Are there it did, Paul was ready to answer.
Newman nomination. any other Senators in the Chamber
The question is, Shall the Senate ad- In 1961, Secretary of Defense Robert
wishing to vote or to change their McNamara asked Paul to serve as As-
vise and consent to the Newman nomi- vote?
nation? sistant Secretary of the Army. He
The result was announced—yeas 53, agreed and began 8 years of prominent
Mr. LANKFORD. Mr. President, I ask nays 43, as follows:
for the yeas and nays. leadership in the Pentagon under both
[Rollcall Vote No. 214 Ex.] President John F. Kennedy and Presi-
The PRESIDING OFFICER. Is there a YEAS—53 dent Lyndon B. Johnson. Paul served
sufficient second?
Alexander Fischer Perdue in several capacities, including Assist-
There appears to be a sufficient sec- Barrasso Gardner Portman ant Secretary of Defense for Installa-
ond. Blackburn Graham Risch
Blunt Grassley tions and Logistics. Finally, in 1967,
The clerk will call the roll. Roberts
Boozman Hawley Romney Paul was chosen to lead the same Navy
The senior assistant legislative clerk Braun Hoeven Rounds he joined as a lieutenant more than
called the roll. Burr Hyde-Smith Rubio two decades before.
Mr. DURBIN. I announce that the Capito Inhofe Sasse
Cassidy Johnson Paul left the Pentagon and began
Senator from California (Ms. HARRIS), Scott (FL)
Collins Kennedy new ventures in journalism, philan-
the Senator from Alabama (Mr. JONES), Cornyn Lankford
Scott (SC)
Shelby thropy, and scholarship. He has earned
and the Senator from Arizona (Ms. Cotton Lee
Cramer Loeffler Sullivan several honors and awards for the last-
SINEMA) are necessarily absent.
Crapo McConnell Thune ing impacts of his leadership. Last
The PRESIDING OFFICER. Are there Tillis
Cruz McSally year, Paul received a premier recogni-
any other Senators in the Chamber de- Daines Moran Toomey
Wicker
tion for a Navy veteran and leader. He
siring to vote? Enzi Murkowski
Ernst Paul Young joined his successor, Secretary of the
The result was announced—yeas 67,
Navy Richard V. Spencer, at a commis-
nays 30, as follows: NAYS—43
sioning ceremony of the USS Paul Ig-
[Rollcall Vote No. 213 Ex.] Baldwin Hassan Sanders natius, an Arleigh-Burke class guided-
YEAS—67 Bennet Heinrich Schatz
Blumenthal Hirono Schumer missile destroyer.
Alexander Fischer Peters Booker King Shaheen So it is a privilege to join those pay-
Barrasso Gardner Portman Brown Klobuchar
Blackburn Graham
Smith ing tribute to Paul Ignatius’ lifetime of
Risch Cantwell Leahy Stabenow
Blunt Grassley Roberts Cardin Manchin
accomplishments for our Armed Forces
Tester
Boozman Hassan Romney Carper Markey and our Nation. As he celebrates his
Braun Hawley Udall
Rosen Casey Menendez
Van Hollen 100th birthday, appropriately on Vet-
Brown Hoeven Rounds Coons Merkley
Burr Hyde-Smith Warner erans Day, I wish him the very best. On
Rubio Cortez Masto Murphy
Cantwell Inhofe Duckworth Murray
Warren behalf of the Senate, I extend my sin-
Sasse Whitehouse
Capito Johnson
Scott (FL) Durbin Peters cere gratitude for his service.
Carper Kaine Feinstein Reed Wyden
Cassidy Kennedy
Scott (SC) f
Gillibrand Rosen
Collins Lankford Shaheen
Shelby NOT VOTING—4 REMEMBERING JOHN MCNAMARA
Cornyn Leahy
Cortez Masto Lee Sullivan Mr. DURBIN. Mr. President, Winston
Harris Kaine
Cotton Loeffler Tester
Thune
Jones Sinema Churchill famously said: ‘‘If you’re
Cramer Manchin
Crapo McConnell Tillis The motion was agreed to. going through hell, keep going.’’ Per-
Cruz McSally Toomey severe, don’t give up. It is good advice.
f
Daines Moran Warner Here is another bit of good advice for
Enzi Murkowski Wicker MORNING BUSINESS weathering hard times: Look to a
ctelli on DSK11ZRN23PROD with SENATE
Ernst Paul Young
Feinstein Perdue brighter future, but also study the
past. Look at how others before you
NAYS—30 TRIBUTE TO PAUL IGNATIUS have triumphed over similar difficul-
Baldwin Cardin Durbin Mr. MCCONNELL. Mr. President,
Bennet Casey Gillibrand
ties, and learn from their example.
Blumenthal Coons Heinrich next month, our country will salute During these hard, pandemic times,
Booker Duckworth Hirono the life and achievements of former leaders and communities—and anyone,
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