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Nomination of Amy Coney Barrett (Cong. Rec., Oct. 25, 2020)

Summary

This is page S6459 of the Congressional Record, Senate, October 25, 2020, continuing onto S6460, with interleaved columns. A Senator whose name is not printed in the text read thanks firefighters and communities fighting wildfires in Colorado and calls for more work on forest management. Another speaker praises the nomination of Amy Coney Barrett to the Supreme Court as eminently qualified, describing her education, her clerkships and her seven children, and discusses the Chevron doctrine and judicial restraint. A Senator from Michigan, whose name is not printed in the text read, says the vacancy could be used to overturn the ACA. Mr. Inhofe replies and then recognizes Craig Johnson and Aurash Zarkeshan of Tulsa. The views are attributed to the speakers.

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Cite this document

“Nomination of Amy Coney Barrett (Cong. Rec., Oct. 25, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-25-crec-2020-10-25-pt1-pgs6459-19bb7020bb/, SHA-256 0e45e0669b29e0d1def771d0a240f8fb18c5f852247c983ea9c4efeb7183f736.

Full text

                                             October 25, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                 S6459
                                             initiatives and to fuels management                     School. She finished first in her class.               now at the Federal level is a giant
                                             for protection of electric transmission                 She clerked for two of the most distin-                rogue beast. It enjoys power once only
                                             lines and Good Neighbor Authority to                    guished jurists in this country—the                    known by Kings and Queens. The ad-
                                             help make sure we continue to give                      late Justice Scalia and Judge Silber-                  ministrative state makes its own laws,
                                             tools to our land managers.                             man. She was a chaired professor at                    called rules; interprets its own laws;
                                               The 2018 farm bill built upon many of                 Notre Dame Law School. She is now a                    and enforces its own laws before judges
                                             the reforms that we passed in the 2014                  member of the Seventh Circuit Court                    that the bureaucracy itself appoints.
                                             farm bill changes. We have worked to                    of Appeals. Any fairminded person who                  We in the U.S. Congress have allowed
                                             expand the Collaborative Forest Res-                    reads her legal writings and her opin-                 that. The judiciary has helped the ad-
                                             toration Program. We doubled its fund-                  ions would come away impressed.                        ministrative state gather that power as
                                             ing to help expand Good Neighbor Au-                      If you judged Judge Barrett solely on                well.
                                             thorities to Tribes and to counties. All                her integrity, her confirmation vote                     As you know, there is a rule called
                                             of these tools will help us deal with the               should be unanimous. We all watched                    the Chevron doctrine. I won’t bore you
                                             wildfires, but, certainly, they are not                 her almost 30 hours of testimony. We                   with the details, but it basically says
                                             going to put this fire out today.                       all know now about her beautiful fam-                  that if the administrative state—the
                                               So I come to the floor just to thank                  ily. She has seven beautiful children,                 bureaucracy—interprets a rule or regu-
                                             the men and women who are fighting                      two of whom are adopted and two of                     lation or even a statute in a ‘‘reason-
                                             these fires. To the leaders in these                    whom happen to be children of color.                   able way,’’ whatever that is, the judici-
                                             communities, the county commis-                         She is a devout Christian.                             ary is going to defer to them. The U.S.
                                             sioners, the sheriffs, the law enforce-                   If you talk to her former students, to               Congress has also ceded much of its
                                             ment personnel, first responders who                    her colleagues, and to her critics, who                power to the judiciary, and we have
                                             have done a magnificent job in pro-                     know her well, they will all tell you                  had many Federal judges that greedily
                                             tecting structures, protecting their                    that she is a person of integrity. And if              accepted it.
                                             communities, protecting their people, I                 you don’t want to believe any of those                   The reason that we will not have a
                                                                                                     people—I wish you could, and I know                    unanimous vote for this eminently
                                             commend you, and know that you have
                                                                                                     the Presiding Officer can—but I wish                   qualified nominated jurist is because of
                                             the support of everybody here in our ef-
                                                                                                                                                            that. Some people in America and some
                                             forts to give you the tools you need to                 the American people could see her FBI
                                                                                                                                                            of my colleagues like the fact that the
                                             do your jobs, to be safe, and to protect                background check. The Presiding Offi-
                                                                                                                                                            U.S. Supreme Court, for the last 60
                                             our greatest resources and commu-                       cer and I know that when the FBI
                                                                                                                                                            years, has not demonstrated judicial
                                             nities.                                                 checks your background, it is kind of a
                                                                                                                                                            restraint.
                                               So, again, I look forward to coming                   combination between an endoscopy and                     Now, I am not going to stand here
                                             to the floor to speak about Judge Bar-                  a colonoscopy. They are pretty thor-                   and tell you that the U.S. Supreme
                                             rett and her nomination, but, for now,                  ough. There is not a hint of scandal.                  Court doesn’t make law. Of course it
                                             I think it is important that we take                      If Judge Barrett were being judged on
                                                                                                                                                            makes law. It makes law in a par-
                                             this time to recognize the challenge                    the basis of her temperament, she
                                                                                                                                                            ticular case—one side wins; one side
                                             that Colorado faces and the need for                    would be a unanimous choice as well.
                                                                                                                                                            loses. Sometimes the U.S. Supreme
                                             continued work in this Chamber to ad-                   We saw that in her 30 hours of testi-
                                                                                                                                                            Court makes law at the direction of
                                             dress forest management and Healthy                     mony. She listens well. She answers
                                                                                                                                                            Congress and at the direction of our
                                             Forest Initiatives to make sure that we                 truthfully. She suffers fools gladly. I
                                                                                                                                                            Founders.
                                             can prevent these fires.                                was just so impressed watching her.                      Our Constitution only prohibits un-
                                               These are some of the original beetle                   The reason that Judge Barrett will                   reasonable searches and seizures. We
                                             kill areas that came in 30, 40 years ago.               not be a unanimous choice, at least                    look to Federal judges to the U.S. Su-
                                             It was an insect that deadened and                      within this body, has to do with a little              preme Court to tell us what ‘‘reason-
                                             downed trees that we knew at some                       bit of history. This is one person’s                   able’’ and ‘‘unreasonable’’ means, but
                                             point could be a major challenge if                     point of view, but I think history will                in all cases our Federal judges and the
                                             there was a fire, and that is exactly                   prove that I am correct. For the last 60               U.S. Supreme Court is supposed to
                                             what we are seeing.                                     years in America, we have been moving                  demonstrate judicial restraint. When it
                                               I hope that all of my colleagues will                 from a representative government and                   is a close question, when it is a matter
                                             join me in prayers for our State and                    more to what I will call declarative                   of social—major social or economic
                                             States across the country that have                     government. We, as you know, are a de-                 policy, then the Federal judiciary is
                                             been affected by wildfires and know                     mocracy. We are not a pure democracy,                  supposed to show deference to the U.S.
                                             that we have more work to do to pre-                    unlike Athens, for example. When we                    Congress, but more and more it does
                                             vent the loss of some of our greatest                   have to make a decision on social or                   not.
                                             natural resources.                                      economic policy, each of us doesn’t put                  Some Americans like that. Some of
                                               I yield the floor.                                    on a fresh toga and go down to the                     my colleagues in this Chamber like
                                               The PRESIDING OFFICER. The Sen-                       forum or the public square and vote.                   that. They think that the U.S. Su-
                                             ator from Louisiana.                                    We elect representatives to make those                 preme Court ought to be a mini-Con-
                                                   NOMINATION OF AMY CONEY BARRETT                   decisions for us at the Federal level.                 gress. They think that the U.S. Su-
                                               Mr. KENNEDY. Mr. President, I                         They are called Members of Congress,                   preme Court should be a political body.
                                             would like to spend a few minutes talk-                 and they are accountable. The people                   They like the fact that if they can’t
                                             ing about the nomination of Judge                       have given their power to our rep-                     pass a law changing social and eco-
                                             Amy Coney Barrett to be an Associate                    resentatives, and if those representa-                 nomic policy through the U.S. Con-
                                             Justice of the U.S. Supreme Court. It is                tives don’t exercise that power in mak-                gress, they get a second bite at the
                                             horribly newsworthy to say that Judge                   ing social and economic policy, those                  apple and can go to the U.S. Supreme
                                             Barrett’s confirmation vote will not be                 representatives can be unelected.                      Court. I don’t believe that is constitu-
                                             unanimous. It should be. It won’t be.                     But in the last 60 years, in some                    tional nor does Judge Barrett, I have
                                               If you judged Judge Barrett solely on                 cases voluntarily and in some cases in-                concluded after 30 hours of testimony,
                                             her intellect and her academic achieve-                 voluntarily, this body, the U.S. Con-                  and that is why her confirmation will
                                             ments,    certainly   her   nomination                  gress, which under our Constitution is                 not be unanimous in this body.
                                             should be unanimous. Any fairminded                     supposed to make social and economic                     Let me tell you what I believe—and I
                                             person would have to be impressed. She                  policy as representatives of the people,               will preface this by saying, after listen-
                                             is an honors graduate of St. Mary’s Do-                 has, as I said, in some cases voluntarily              ing to Judge Barrett for 30 hours, this




ctelli on DSK11ZRN23PROD with SENATE
                                             minican High School in New Orleans,                     and in some cases involuntarily, ceded                 is what I believe she believes: I believe
                                             one of the finest schools in this coun-                 our power—ceded it to the administra-                  that Madison and his colleagues got it
                                             try. She is an honors graduate of                       tive state and to the judiciary.                       right. I believe that we should have
                                             Rhodes College in Memphis, an ex-                         Let me talk for a moment about the                   three equal branches of government. I
                                             traordinary liberal arts school. She is                 administrative state. Some would call                  believe we should have checks and bal-
                                             an honors graduate of Notre Dame Law                    it the bureaucracy. The bureaucracy                    ances. I believe that just because those



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                                             S6460                                             CONGRESSIONAL RECORD — SENATE                                                    October 25, 2020
                                             branches of government are equal, that                  for equality for millions of Americans.                  Judiciary Committee Republicans
                                             doesn’t mean they are the same. I                       I will not repeat those words today, ex-               spent last week crying foul, com-
                                             think their Founders intended each of                   cept to say that Justice Ginsburg’s                    plaining that it is fearmongering to
                                             those branches to have their own spe-                   life’s work left our nation a more per-                claim that they see this vacancy as an
                                             cial role, scope, and mission.                          fect union. We will forever be in her                  opportunity to overturn the ACA. But
                                               I also believe that our Founders felt                 debt.                                                  fear mongering implies that we’re not
                                             they were laying the foundation for a                      A day after we gathered in Statuary                 talking about the facts. So let’s review
                                             representative democracy, that Con-                     Hall, with the nation in mourning—and                  some basic facts.
                                             gress would make the important eco-                     days before Justice Ginsburg was laid                    It is the Republican Attorneys Gen-
                                             nomic and social policy in this coun-                   to rest with her husband in Arlington                  eral who are asking the Court to throw
                                             try; that when we talk about how soci-                  Cemetery—the        President   held    a              out the entire ACA. Not just part of
                                             eties meet our human needs, our Amer-                   celebratory ceremony to nominate her                   it—all of it. It is the Trump Justice De-
                                             icans meet their human needs in terms                   replacement. The masks were off at                     partment that has sided with the Re-
                                             of security, education, work, health,                   that Rose Garden ceremony, in more                     publican-led lawsuit. And it is this Re-
                                             and well-being, that those decisions                    ways than one. Republicans made it                     publican-led Senate, in a vote just
                                             would be made by the people, not by                     clear they would stop at nothing to                    weeks ago, that gave the green light to
                                             the judiciary or the bureaucracy. They                  confirm Justice Ginsburg’s replace-                    the Trump Justice Department to take
                                             would then be made by people through                    ment before a Presidential election                    this position—a position that, if suc-
                                             their elective representatives.                         just weeks away. Yes, the masks were                   cessful, would terminate health insur-
                                               I believe that our Founders intended                  off.                                                   ance for more than 20 million Ameri-
                                             Federal judges’ role to be to tell us                      From that moment, the confirmation                  cans, terminate the Medicaid expan-
                                             what the law is as enacted by Congress,                 process for Judge Amy Coney Barrett                    sion for 15 million more, and terminate
                                             not what the law ought to be. I believe                 has been a caricature of illegitimacy. I               protections for 130 million Americans
                                             our Founders intended for Federal                       will not dispute that it is the responsi-              with preexisting conditions. While dis-
                                             judges to call the balls and the                        bility of this body to consider Justice                appointing, this Senate vote was hard-
                                             strikes—sometimes in doing so making                    Ginsburg’s replacement to the Supreme                  ly surprising. Republicans in Congress
                                             law in a particular case, but to call the               Court. But this is not how we should do                have now voted to repeal or gut the
                                             balls and the strikes, as Justice Rob-                  it.                                                    ACA at least 70 times—seventy, as in
                                                                                                        Not during such a polarizing time for
                                             erts put it. And in doing so, I don’t be-                                                                      seven-zero.
                                                                                                     our country, just one week from a                        As if Republicans could not be clear-
                                             lieve our Founders intended for Federal
                                                                                                     Presidential election after more than                  er about their intentions, just days ago
                                             judges to be able to draw their own
                                                                                                     57 million Americans have already                      President Trump was asked on na-
                                             strike zone.
                                                                                                     voted. Not at the expense of every                     tional television about the fate of the
                                               I do not believe that our Founders in-
                                                                                                     precedent and principle this institution
                                             tended for Federal judges to be politi-                                                                        ACA before the Supreme Court. He
                                                                                                     once stood for. Not when doing so re-
                                             cians in robes. I do not believe that our                                                                      said: ‘‘I hope that they end it. It’ll be
                                                                                                     quires that half of the United States
                                             Founders intended Federal judges—                                                                              so good if they end it.’’
                                                                                                     Senate go back on their word, contra-                    Like Captain Ahab of Herman
                                             and, certainly, not members of the U.S.
                                                                                                     dicting every argument they once                       Melville’s Moby Dick, Republicans
                                             Supreme Court—to be able to rewrite
                                                                                                     made about Supreme Court vacancies                     have been single-mindedly obsessed
                                             the U.S. Constitution to satisfy some
                                                                                                     during an election year. Not when this                 with killing the ACA—their great
                                             political or social agenda every other
                                                                                                     sprint to confirm Judge Barrett gave                   white whale—since the moment the
                                             Thursday that the American people
                                                                                                     the Judiciary Committee just 2 weeks
                                             will not accept through their elected                                                                          law was enacted. Having failed thus far
                                                                                                     to prepare for her hearings, when the
                                             Members of this body and the House of                                                                          in both Congress and the courts, they
                                                                                                     Committee has afforded itself three
                                             Representatives. It is called judicial re-                                                                     see Judge Barrett as the final harpoon
                                                                                                     times as long to vet other modern
                                             straint.                                                                                                       to once and for all end the law. So
                                                                                                     nominees to our nation’s highest court.
                                               Judge Barrett shares it. It is con-                      Not when records of Judge Barrett’s                 when Republicans plead innocent and
                                             troversial. It shouldn’t be. But that is                undisclosed speeches and materials                     claim they have no intentions of tak-
                                             why, in my judgment, her confirmation                   have continued to pour in, even after                  ing away people’s health care protec-
                                             vote will not be unanimous. I will be                   her hearings, revealing what a slipshod                tions, Americans will remember that
                                             voting for Judge Barrett. I will be                     process this has been from start to fin-               their actions speak much louder than
                                             doing so enthusiastically.                              ish. And not when the Senate is doing                  their words.
                                               She is one of the finest legal minds I                nothing—nothing—to        pass   a   des-                And Republicans have yet another
                                             have ever seen, and she understands                     perately needed COVID relief bill.                     horse in this race—that is, the actual
                                             the role of the U.S. Supreme Court                         Every Senator knows in their heart                  race for the White House and Congress.
                                             under our Constitution.                                 this is wrong.                                         Always one to say the quiet part out
                                               I yield the floor to the senior Senator                  Senator MCCONNELL ramming this                      loud, President Trump has repeatedly
                                             from Vermont.                                           nomination through no matter the                       stated his expectation that his nomi-
                                               The PRESIDING OFFICER. The Sen-                       cost, while worrying about the politics                nee will side with him in any election-
                                             ator from Vermont.                                      of providing relief to millions of Amer-               related dispute. Baselessly claiming
                                               Mr. LEAHY. Mr. President, just 4                      icans suffering during this still-wors-                that Democrats have ‘‘rigged’’ the elec-
                                             weeks ago, Members of the Senate                        ening pandemic—which has left 225,000                  tion and falsely labeling mail-in bal-
                                             gathered just down the hallway in                       Americans dead—says everything one                     lots as a ‘‘scam,’’ President Trump
                                             Statuary Hall. We gathered to honor                     needs to know about the priorities of                  promises to challenge any election loss
                                             Justice Ruth Bader Ginsburg, the first                  today’s Republican Party. Yes, the                     in the courts. That’s why he says ‘‘it’s
                                             woman to lie in state at the U.S. Cap-                  masks are off.                                         very important that we have nine jus-
                                             itol. Justice Ginsburg was a trail-                        It is far from a secret why President               tices.’’ Another Republican on the Ju-
                                             blazer, a woman who may have stood                      Trump and Senate Republicans are                       diciary Committee has echoed the
                                             at just over five feet tall but was none-               hell-bent on confirming Judge Barrett                  President, claiming that the ‘‘entire
                                             theless a giant of the law. The nation                  before Election Day. All you have to do                reason’’ they need Judge Barrett con-
                                             grieved for her, not simply because she                 is look at the calendar: On November                   firmed now is to ensure that no elec-
                                             wasa a brilliant lawyer and Justice,                    10, the Supreme Court will hear argu-                  tion-related dispute is deadlocked in a
                                             but because she was a fighter. And she                  ments in California v. Texas, the Re-                  4 to 4 decision. Mind you, I do not re-




ctelli on DSK11ZRN23PROD with SENATE
                                             fought for those who needed fighting                    publican-led lawsuit to strike down the                call Republicans making this argument
                                             for most—Americans for whom the                         Affordable Care Act. And Republicans                   when they blocked Judge Merrick Gar-
                                             promise of America was still just a                     see a Justice Barrett as an insurance                  land from receiving a vote for 8 months
                                             promise.                                                policy to ensure there will be a five-                 prior to the last presidential election.
                                               I have spoken at length about what                    vote majority to finally strike down                     Just this week, we have seen why Re-
                                             Justice Ginsburg meant to the struggle                  the law.                                               publicans are all of a sudden so anxious



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                                             October 25, 2020                                  CONGRESSIONAL RECORD — SENATE                                                               S6461
                                             to have a ninth justice seated before                   would not state whether it is illegal to               based on her testimony, I believe a Jus-
                                             Election Day. The Republican Party is                   intimidate voters at the polls, despite                tice Barrett would set the clock back
                                             waging an all-out war on voting in the                  federal law explicitly making voter in-                decades on all of the rights that Ameri-
                                             courts right now, with the goal of                      timidation a criminal offense. I’ve                    cans have fought so hard to achieve
                                             disenfranchising as many minority,                      never seen a self-described originalist                and protect.
                                             poor, elderly, vulnerable, and young                    so hesitant to merely restate the plain                  I have said that Justice Ginsburg
                                             voters as possible. Knowing that voters                 text of our Constitution and laws.                     would have dissented from this process.
                                             are relying on mail-in ballots in the                     In fact, Judge Barrett refused to say                The least I can do is join her. I will
                                             midst of the COVID–19 pandemic, Re-                     much of anything about pretty much                     vote no.
                                             publicans are unapologetically fighting                 everything. She refused to answer over                   I yield the floor.
                                             State and local attempts to make ab-                    100 questions during her hearings and                    The PRESIDING OFFICER. The Sen-
                                             sentee voting easier.                                   over 150 written questions. She did so                 ator from Texas.
                                                                                                                                                              Mr. CORNYN. Mr. President, it is a
                                               And it’s clear that Republicans be-                   by spuriously invoking the so-called
                                                                                                                                                            privilege to serve with the Senator
                                             lieve having Judge Barrett on the                       ‘‘Ginsburg rule,’’ which falsely pur-
                                                                                                                                                            from Vermont on the Senate Judiciary
                                             Court will help them to suppress the                    ports that the late Justice Ginsburg
                                                                                                                                                            Committee. He and I have been called,
                                             vote. Last week, deadlocked 4 to 4, the                 avoided answering any and all sub-
                                                                                                                                                            maybe, the odd couple on a number of
                                             Supreme Court left in place a Pennsyl-                  stantive questions during her con-                     issues like Freedom of Information Act
                                             vania supreme court order requiring of-                 firmation hearings.                                    reform and other matters. So we find
                                             ficials to count absentee ballots re-                     Well, I participated in Justice Gins-
                                                                                                                                                            ourselves aligned on that important
                                             ceived within 3 days of the election.                   burg’s hearings. Justice Ginsburg gave                 issue, the importance of the public’s
                                               Yesterday,      anticipating     Judge                detailed answers on a number of con-                   right to know.
                                             Barrett’s imminent confirmation may                     stitutional issues, including unequivo-                  But it won’t surprise anybody to
                                             tip the scale, the Pennsylvania Repub-                  cally affirming her belief that a wom-                 know—it certainly doesn’t surprise
                                             lican Party asked the Supreme Court                     an’s right to choose is central to her                 him to know—he and I have a different
                                             to review the case again—less than a                    dignity. In all, Justice Ginsburg took                 point of view on this nominee and on a
                                             week after losing the first time.                       clear positions on dozens and dozens of                few other topics as well.
                                               Unfortunately, for her part, Judge                    cases during her hearings. In stark con-                 One of the ones I wanted to talk
                                             Barrett said nothing during her hear-                   trast, Judge Barrett wouldn’t even re-                 about briefly at the very beginning was
                                             ings last week to assuage the American                  state—not even comment on or discuss,                  the so-called Ginsburg rule.
                                             people that she would be anything but                   but just restate—black letter law.                       Senator LEAHY was there and Joe
                                             a green light for the deeply harmful,                     I have never seen such top-to-bottom                 Biden was the chairman of the Judici-
                                             unpopular objectives of President                       refusals to answer basic questions in                  ary Committee back in 1993 when Jus-
                                             Trump and Republicans.                                  the 16 Supreme Court confirmation                      tice Ginsburg—then a lawyer—was
                                               First and foremost, Judge Barrett re-                 hearings I have participated in. But in                nominated for the Supreme Court. Her
                                             peatedly declined to distance herself                   some ways, it was only fitting that a                  record as a litigator for the American
                                             from her litany of anti-ACA comments                    confirmation process that has been a                   Civil Liberties Union placed her far
                                             and writings. She also repeatedly de-                   caricature of illegitimacy concluded                   outside of the mainstream of American
                                             clined to confirm whether she would                     with such hearings-hearings in which                   law.
                                             follow Supreme Court precedent up-                      the nominee wouldn’t even acknowl-                       She argued for legalized prostitution,
                                             holding the ACA.                                        edge that masks inhibit the spread of                  against separate prisons for men and
                                               Judge Barrett once wrote: ‘‘However                   COVID–19, or that climate change is                    women, and had speculated that there
                                             cagey a justice may be at the nomina-                   real, or that voter discrimination ex-                 could be a constitutional right to po-
                                             tion stage, her approach to the Con-                    ists. I fear for what this means for the               lygamy—certainly outside of the main-
                                             stitution becomes evident in . . .                      future of the Judiciary Committee’s                    stream of American legal opinion.
                                             [what] she writes.’’ Using Judge                        confirmation process, now that Repub-                    But when she was pressed time and
                                             Barrett’s own standard, then, one can-                  licans have reduced our committee’s                    again before Republicans to talk about
                                             not escape the conclusion that she will                                                                        those views, she said she would not an-
                                                                                                     role to a mindless rubberstamp of a
                                             view the ACA as a Justice the same                                                                             swer those questions. She cited, appro-
                                                                                                     President’s nominees, just as they have
                                             way she has always viewed the ACA:                                                                             priately, Canon 5 of the Model Code of
                                                                                                     diminished the Senate to a subordinate
                                             unconstitutional and unsalvageable.                                                                            Judicial Conduct, which, among other
                                                                                                     arm of the executive branch.
                                               My concerns only grew when Judge                                                                             things, forbids Federal judges or judi-
                                                                                                       The Republican argument for pro-
                                             Barrett refused to commit to recusing                                                                          cial candidates from indicating how
                                                                                                     ceeding in this way, just 1 week from a
                                             herself from any election-related dis-                                                                         they will likely vote on issues that
                                                                                                     Presidential election, boils down to
                                             putes. President Trump has put Judge                                                                           may come before the courts or from
                                                                                                     this: We have the votes, so anything                   making any statement that would cre-
                                             Barrett in an unenviable position by                    goes. Yet, having the power to do                      ate the appearance that they were not
                                             making it impossible for Americans                      something does not make it right. The                  impartial.
                                             not to question her impartiality should                 damage that will be left in the wake of                  This rule is absolutely critical to an
                                             she vote in his favor in an election dis-               this confirmation will stain this body                 independent judiciary because judges
                                             pute. If a Justice Barrett votes to                     for generations. When the word of a                    must remain open-minded and be able
                                             throw the election for President                        senator is rendered meaningless, when                  to decide an actual case without pre-
                                             Trump, I fear not just the Court but                    the words ‘‘Advice and Consent’’ are                   judging that matter before it comes be-
                                             our democracy itself would suffer an                    rendered meaningless, then this insti-                 fore them. Can you imagine what it
                                             existential blow to its legitimacy.                     tution will be rendered meaningless.                   would be like if you were a party to a
                                               My concerns grew into alarm when                        Justice Ginsburg left us with a more                 lawsuit and came before a judge who
                                             Judge Barrett refused to affirm even                    equal and more perfect union. She                      had made a statement committing to a
                                             the most basic tenets of our democ-                     stood up for the right to vote. She                    particular outcome during their judi-
                                             racy. She would not affirm to me that                   stood up for the environment, and for                  cial confirmation hearing? Well, the
                                             a president must comply with a court                    holding all those in power accountable.                unfairness of that is obvious.
                                             order and the Supreme Court has the                     She stood up for the rights of women to                  So I think Judge Barrett did what
                                             final word. She would not state wheth-                  be free from discrimination, to control                Justice Ginsburg did when she was be-
                                             er the President can unilaterally post-                 their own bodies, and to be equal to                   fore the Judiciary Committee, what we
                                             pone a Presidential election, despite                   men.                                                   expect all nominees to do, and that is




ctelli on DSK11ZRN23PROD with SENATE
                                             the law clearly stating he cannot. She                    She stood up for the rights of minori-               to not prejudge cases and to not give
                                             would not affirm to me whether our                      ties, the rights of the LGBTQ commu-                   any hint or prediction of outcomes or
                                             Constitution contemplates a peaceful                    nity, and the rights of all those who                  run on a platform or an agenda.
                                             transition of power, despite the 20th                   have been marginalized.                                  My view is that, if you had a judge
                                             Amendment laying out the procedures                       Judge Barrett, if confirmed, will not.               who did or a nominee who did come be-
                                             for precisely such a transition. And she                Based on my review of her record and                   fore the Judiciary Committee and



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                                             S6462                                             CONGRESSIONAL RECORD — SENATE                                                    October 25, 2020
                                             make those sorts of commitments, that                   Justice Roberts said during his con-                   and that is she went to her professor
                                             would be disqualifying in and of itself.                firmation hearing, umpires calling                     and shared the weight she was car-
                                             That person ought to run for Congress.                  balls and strikes. We all understand                   rying—a weight Judge Barrett eagerly
                                             They ought to run for city council.                     the difference between an umpire and a                 picked up, saying to her: This is no
                                             They ought to run for the school board.                 player, and, simply said, judges aren’t                longer your problem; this is my prob-
                                             They should not be a Federal judge.                     players; they just call balls and                      lem.
                                             That is not what Federal judges are                     strikes, and they make sure the rules                    Laura described the relief and grati-
                                             supposed to do.                                         of the game are enforced.                              tude she felt for her professor’s kind-
                                               So I think Judge Barrett did exactly                    Judges should have no biases, no fa-                 ness and generosity, not only during
                                             what a judge should do when they are                    vorites, no preferred outcomes. But                    this interaction but in the years of sup-
                                             confirmed. We still got to ask her a lot                somehow, in their anger about this                     port and encouragement that have fol-
                                             of questions, as Senator KENNEDY                        nominee and about the fact that she                    lowed. I found Laura’s testimony in-
                                             pointed out, over the 30-plus hours of                  will fill the vacancy left by the death                credibly powerful and a shining exam-
                                             questioning, and she was extraor-                       of Ruth Bader Ginsburg, somehow our                    ple of the character that Judge Barrett
                                             dinary.                                                 friends across the aisle seem to have                  will bring to the Supreme Court.
                                               It is obvious she had great command                   forgotten what the most basic role of                    We have all come to appreciate Amy
                                             of the subject matter. There was a spe-                 judges is in America. Again, they                      Coney Barrett, the person—a woman of
                                             cial moment where I noticed she wasn’t                  pressed her, asking: How do you feel                   great integrity, humility, and compas-
                                             taking any notes or writing anything                    about climate change? How do you feel                  sion who will bring tremendous value
                                             down or referring to anything, and it                   about abortion? How do you feel about                  to the highest Court in the land. I am
                                             struck me how strange it was, what a                    every other hot-button issue that they                 confident that if our colleagues across
                                             contrast it was that each of us, as                     could think of, and she appropriately                  the aisle had any good argument ad-
                                             members of the committee, had a small                   invoked the Ginsburg rule and would                    dressing her qualifications or character
                                             army of staff around us, that they had                  not comment. Exactly what she should                   or integrity, we would hear about it.
                                             read every case, they had prepared big                  be doing.                                                The only thing that I have heard
                                             three-ring notebooks of information for                   The other thing that I think is re-                  them say, which I cannot believe that
                                             us to get prepared to question the                      markable about this nominee is she is                  they believe, is that somehow this is
                                             judge—but the judge had nothing in                      obviously somebody who has soared to                   part of some great conspiracy to defeat
                                             front of her.                                           the very heights of the legal profes-                  the Affordable Care Act. You know
                                               And I asked her to hold up what was                   sion—teaching, being a judge on the                    what our colleagues across the aisle
                                             sitting in front of her, and it was an                  Seventh Circuit, both of which qualify                 failed to mention? The merits of the
                                             empty legal pad—an empty notepad,                       her for this job. But she is also a per-               Affordable Care Act is not even before
                                             excuse me—that bore the name ‘‘U.S.                     son of great integrity and character.                  the Supreme Court of the United
                                             Senate’’ on the ink pad but nothing                       It takes self-restraint, it takes self-              States. It is a technical issue with re-
                                             that she had written down.                              discipline not to use the power that                   gard to severability. It is a doctrine
                                               So it, I think, spoke volumes about                   Federal judges have to impose your                     that says that if judges find part of a
                                             her command of the subject matter and                   own view or to choose a result. That                   statute unconstitutional—here, for ex-
                                             her fitness for this particular job.                    takes a lot of self-restraint and self-                ample, the individual mandate, which
                                               We have all talked about the support                  discipline, and she has demonstrated                   thanks to the Tax Cuts and Jobs Act,
                                             she has from professors at Notre Dame,                  her commitment to that judicial phi-                   that penalty has been reduced to zero—
                                             where she has taught for a number of                    losophy and that approach.                             whether if, in fact, that portion of the
                                             years, highlighting her impressive in-                    During the final days of soon-to-be                  Affordable Care Act is unconstitu-
                                             tellect, her elegant legal analysis, and                Judge Barrett’s confirmation hearing,                  tional, whether the whole act fails or
                                             her manifest judicial temperament.                      we heard from a number of witnesses                    not. But judges are told to presume the
                                               Eighty-one former law school class-                   about her, their experience working                    constitutionality of statutes—to pre-
                                             mates from diverse political and other                  with her. I believe one of the most                    sume them. And so the burden is on
                                             backgrounds shared their collective                     moving testimonials came from one of                   those who would prove the unconsti-
                                             view that she embodies the ideal quali-                 her former students, a young lawyer                    tutionality to prove it. The burden is
                                             ties of a Supreme Court Justice.                        named Laura Wolk. Since graduating                     on them. If they can save a portion of
                                               We have heard from Noah Feldman,                      from Notre Dame Law School, Laura                      the law by severing it—that is the doc-
                                             Harvard University law professor, who                   has earned some highly coveted clerk-                  trine of severability—they must do it.
                                             tends to be more liberal, and he points                 ships, including for the Court of Ap-                    I am pretty optimistic that the Su-
                                             out that Judge Barrett is a brilliant                   peals for the DC Circuit and the U.S.                  preme Court, no matter how con-
                                             and conscientious lawyer who will ana-                  Supreme Court, just like her former                    stituted, will do exactly that—will fol-
                                             lyze and decide cases in good faith, ap-                professor.                                             low the traditional canons of construc-
                                             plying the jurisprudential principles to                  There is one fact about Laura that                   tion and guidance that judges apply in
                                             which she has committed.                                made her climb to these incredible                     cases like this. And really, the sugges-
                                               So, in short, Judge Barrett has the                   heights as a young lawyer all the more                 tion we heard, including from my
                                             qualities we should all look for in a                   impressive, and that is that she is                    friend from Vermont just a moment
                                             judge. I think it is telling that our                   blind. Throughout her life, Laura has                  ago, that this is part of a conspiracy to
                                             Democratic colleagues, when it came                     overcome barriers that exist for indi-                 appoint the judge to the Court so she
                                             time last Thursday to vote on this                      viduals who are blind or visually im-                  will then hear a case and result in a
                                             nomination, decided to boycott the                      paired, becoming the first blind person                particular outcome is specious. It is
                                             markup. None of them appeared. None                     to clerk at the U.S. Supreme Court.                    also an insult—an insult to the judge’s
                                             of them voted. So the vote, literally,                    Laura spoke about her arrival at                     integrity and character—because she
                                             was unanimous. All of the Senators                      Notre Dame and the technology fail-                    could not in good conscience take the
                                             there present voted to vote the nomi-                   ures that were causing her to fall far-                oath of a judge if she were part of a
                                             nee out of the Judiciary Committee                      ther and farther behind her peers. Obvi-               conspiracy to rule in a particular way
                                             and recommended that that nomina-                       ously, she needed that technology that                 on a case—any case—in the future. And
                                             tion be sent to the floor.                              would help her compete.                                she said, unequivocally, that is not the
                                               I suppose, if they thought it would                     Settling into law school is tough for                role of a judge.
                                             make any difference or they really had                  any student, and I can’t imagine the                     But that is the argument, and maybe




ctelli on DSK11ZRN23PROD with SENATE
                                             something to say or a reason to vote                    fear and frustration that Laura felt as                that is the best thing they have going,
                                             no, they would have shown up, but they                  she struggled to keep pace, at no fault                and so they are sticking with it. It just
                                             did not.                                                of her own, because she lacked the as-                 doesn’t make any sense. It is totally
                                               Judge Barrett exemplifies the fact                    sistive technologies she needed to com-                out of character with everything we
                                             that judges aren’t players on a red                     pete on a level playing field. Laura did               know about Amy Barrett as a person,
                                             team or a blue team; they are, as Chief                 what any student would do, I presume,                  as a lawyer, and as a judge.



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                                             October 25, 2020                                  CONGRESSIONAL RECORD — SENATE                                                                S6463
                                               Instead of talking about the Supreme                  able populations that need to be pro-                    Perhaps, nothing is more at risk
                                             Court, we seem to hear another com-                     tected, particularly people in nursing                 right    now    than    healthcare—the
                                             mon theme, and that is to say that we                   homes, assisted living facilities, the el-             healthcare that Americans depend on.
                                             could be working on a COVID–19 relief                   derly, and those with underlying                       Exactly one week after election day,
                                             bill. We did pretty well through the end                chronic illness. This virus can be dead-               the Supreme Court, as we know, will
                                             of March working together on COVID–                     ly, and that is why we need to take it                 hear arguments in the case that could
                                             19 relief. We passed four pieces of legis-              seriously, wear our masks, socially dis-               very well overturn the Affordable Care
                                             lation, totaling $3.8 trillion. But it has              tance, and do all the things that the                  Act in the middle of a pandemic—in
                                             been a while since March, and we need                   Centers for Disease Control and other                  the middle of a deadly pandemic.
                                             to pass another COVID–19 relief bill for                experts have advised.                                    Republicans in Congress have tried to
                                             the individuals who are still suffering,                  Our Democratic colleagues have not                   repeal the healthcare law for 10 years
                                             through no fault of their own, who                      done anything to lift a finger to help                 now—10 years. And each time, people
                                             don’t have a paycheck—the enhanced                      people who are still hurting; people                   across our country, people across
                                             unemployment insurance benefits, the                    who are still anxious; people who are                  Michigan, have spoken out. They have
                                             Paycheck Protection Program that                        still worried about their health, about                demanded that Republicans protect
                                             was so important to keeping small                       their children going safely back to                    their healthcare. Healthcare is not po-
                                             businesses’ ability to maintain their                   school, about whether a vaccine will be                litical in the eyes of Americans. It is
                                             payroll. We need more money for test-                   available.                                             personal. They want us to strengthen
                                             ing. We need to make sure that the                        Time after time, they blocked legis-                 and improve healthcare, not rip it
                                             therapeutics that have now come on-                     lation we have introduced in the Sen-                  away from them. But, unfortunately,
                                             line are available to people who are in-                ate, since we passed the CARES Act in                  Republicans have voted more than 100
                                             fected with the virus. We need to make                  March, and they have simply refused to                 times in those 10 years—more than 100
                                             sure that the vaccine, once it is ap-                   provide care that is desperately needed,               different times—to repeal the Afford-
                                             proved by the FDA, is available for dis-                relief desperately needed by the Amer-                 able Care Act, and more than 100 times
                                             tribution.                                              ican people.                                           they have failed.
                                               That is why Senator MCCONNELL has                       My constituents in Texas, like the                     So now President Trump has turned
                                             repeatedly brought legislation to the                   rest of America, have waited months                    the job over to the courts. He expects
                                             floor to bolster our fight against the                  for additional relief. I am ashamed of                 Judge Barrett to, in his words, termi-
                                             virus at this critical time. In par-                    the fact that we could not find a way to               nate the healthcare law. That is the
                                             ticular, the first bill he offered them                 come together and produce a result. I                  word of the person who nominated
                                             was to supply another half a trillion                   am ashamed of the fact that our                        Judge Barrett. He wouldn’t have nomi-
                                             dollars to help small businesses keep                   friends on the other side of the aisle                 nated her to the Supreme Court if he
                                             their doors open and their employees                    have forced them to wait even longer.                  didn’t trust that she would do just
                                                                                                       I yield floor.                                       that.
                                             on the payroll; to help schools keep
                                                                                                       The PRESIDING OFFICER. The Sen-                        Judge Barrett has already called the
                                             their students and teachers safe; to
                                                                                                     ator from Michigan.                                    Court’s previous decision to uphold the
                                             strengthen testing and invest, as I said,
                                                                                                       Ms. STABENOW. Mr. President,                         ACA ‘‘illegitimate.’’ She publicly criti-
                                             in the continued success of Operation                                                                          cized Chief Justice Roberts for uphold-
                                             Warp Speed.                                             today, I rise as our country faces a
                                                                                                     monumental choice. It is a choice                      ing the law. She said that if the Su-
                                               What did our Democratic colleagues
                                                                                                     about who we want to be as Americans                   preme Court reads the statute like she
                                             do? They voted no. They wouldn’t even
                                                                                                     and the future we want to build as                     does, they have no choice but to, in her
                                             get on the bill and then offer amend-
                                                                                                     Americans. All across our country this                 words, invalidate it.
                                             ments to make it more to their liking.                                                                           This is not a mystery here about how
                                             So they just blocked it.                                year, we have seen Americans standing
                                                                                                                                                            she is going to vote. It is very, very
                                               I think this is consistent with what                  up and speaking out for greater equal-
                                                                                                                                                            clear. That would be a disaster for
                                             we heard from Speaker PELOSI when                       ity and greater justice. Our choice is
                                                                                                                                                            Michigan families, a disaster for people
                                             she said that ‘‘nothing is better than                  this: Does the highest Court in the land               all across our country. Protections for
                                             something.’’ It always strikes me as                    stand with the people of America as we                 the over 130 million Americans with
                                             very odd because I have always be-                      strive to build a more perfect Union, or               preexisting    conditions—gone.    That
                                             lieved that something is better than                    does the Court side with the most pow-                 number is going up every day because
                                             nothing, but apparently not in this                     erful interests and most extreme views                 of COVID–19.
                                             strange environment leading up to this                  that will take our country backward in                   Bans on yearly and lifetime caps on
                                             November 3 election, which, unfortu-                    our quest for justice and equality?                    cancer treatments and other critical
                                             nately, I think is what is preventing us                  Judge Amy Coney Barrett does not                     care—gone. Healthy Michigan, which
                                             from passing a bill.                                    stand on the side of the American peo-                 has helped more than 880,000 Michigan
                                               Many of our colleagues believe that                   ple. She does not represent mainstream                 residents get healthcare—gone. The
                                             leaving people anxious and worried and                  values—certainly, mainstream values                    ability for young adults up to age 26 to
                                             fearful, not only about their health but                that we cherish in Michigan.                           be covered by their family’s health in-
                                             also    about    their    economic     cir-               Right now, we are in the middle of a                 surance—gone.
                                             cumstances, advantages them leading                     pandemic. Over 225,000 Americans have                    You can also say goodbye to guaran-
                                             into the election. That is what they do.                already died, and we are nowhere near                  teed maternity care so you are going to
                                             They want to stoke fear and uncer-                      getting it under control—nowhere.                      pay extra if you want to have children
                                             tainty on the part of the American peo-                   Instead of providing help to families,               and have maternity care, free preven-
                                             ple.                                                    communities, and businesses that are                   tive health screenings, and birth con-
                                               When we offer concrete pieces of leg-                 suffering, Republicans are rushing                     trol without copays.
                                             islation that would help relieve that                   through. Here we are on a Sunday, not                    Seniors would see their drug prices
                                             anxiety, fear, and the sense that they                  talking about how we help people, help                 go up. The ACA closed the Medicare
                                             are not receiving any income—how are                    our small businesses, help our commu-                  prescription drug—what we call the
                                             you going to pay the bills or provide                   nities, do what needs to be done to get                doughnut hole, the gap in coverage,
                                             for your family—repeatedly, they have                   this pandemic under control. No, we                    and saved the average Michigan senior
                                             voted it down. I just find that abso-                   are seeing a rush to get a Supreme                     more than $1,300 just in 6 years be-
                                             lutely shameful.                                        Court nominee on the Court that will                   tween 2010 and 2016—$1,300.
                                               So here we are in October with 8.5                    have disastrous consequences for our                     Seniors would have additional reason




ctelli on DSK11ZRN23PROD with SENATE
                                             million confirmed cases of the virus.                   Nation, both for today and for decades                 to worry. During her confirmation
                                             When we talk about cases, that is kind                  to come.                                               hearing, Judge Barrett refused to say
                                             of interesting. They are positive tests.                  On behalf of the majority of the peo-                whether she believes Medicare and So-
                                             We know the vast majority of individ-                   ple of Michigan, I am strongly opposing                cial Security are even constitutional.
                                             uals will have little, if any symptoms.                 this nomination, and I urge my col-                      As is often the case, American
                                             But we do know that there are vulner-                   leagues to do the same.                                women would have the most to lose if



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                                             S6464                                             CONGRESSIONAL RECORD — SENATE                                                    October 25, 2020
                                             the ACA is overturned. Remember                         happening in our State. The climate                    nominated to the U.S. Supreme Court.
                                             when simply being a woman was con-                      crisis is already affecting Michigan ag-               I want to talk about that.
                                             sidered a preexisting condition by in-                  riculture, our environment, our public                   I have something else to talk about
                                             surance companies, and we had to pay                    health, our Great Lakes.                               first because I think people know
                                             more? I do. Yet the threat of Justice                     A number of crucial cases dealing                    Judge Barrett by this time, but they
                                             Barrett goes far beyond insurance                       with the environment are likely to end                 may not know a couple of people they
                                             rates. The fundamental right for                        up at the Supreme Court in the next                    should know about.
                                             women to make basic choices about                       number of years, and the Court’s deci-                   Earlier this year, Aurash Zarkeshan
                                             our own healthcare, our own health,                     sions will have consequences that out-                 or ‘‘Zark.’’ Because of the complica-
                                             our own lives would be at risk.                         live any of us. Critically important to                tions of his name, he is called that by
                                               Since Roe v. Wade was decided in                      all American citizens is what Justice                  most of his close friends.
                                             1973, women in our country have had                     Barrett would mean for voting rights                     He was overjoyed. He had just grad-
                                             the right to make our own decisions                     and the results of the 2020 election. Let              uated earlier this year from the Tulsa
                                             about reproductive choices that are                     me remind everyone that election day                   Police Academy and was sworn in as a
                                             best for our own health and our own                     isn’t November 3, it is every day up to                police officer. That was his life’s ambi-
                                             family. It is among the rights that Jus-                November 3. People are voting right                    tion. He was a guy who was so excited
                                             tice Ruth Bader Ginsburg spent her ca-                  now. If you have not voted, I hope you                 that he was taking that step. He was a
                                             reer defending, and it is not a right                   do and that you do it safely and do it                 shining example of everything that you
                                             that Judge Barrett respects. She has                    early, but voting ends on November 3.                  want in a new officer. He was bright,
                                             long aligned herself with organizations                 People are voting as we speak and                      engaged, committed to public service.
                                             devoted to eliminating a woman’s right                  whether or not those votes are counted                 He wanted to give back and make his
                                             to choose. She signed her name to a                     could very well depend on the U.S. Su-                 community a better place. That was
                                             letter calling for Roe v. Wade to be                    preme Court.                                           him.
                                             overturned.                                               Judge Barrett refused to say whether                   At the end of June, only 6 weeks on
                                               During her nomination hearing, she                    she believes voter discrimination ex-                  patrol, he pulled over a car for a rou-
                                             refused to say whether Roe v. Wade is                   ists. Voter discrimination. Given that                 tine traffic stop. As we all know, there
                                             Federal law. At its most basic, Roe v.                  23 States have passed restrictive voting               is no such thing as a routine law en-
                                             Wade is about undue government inter-                   laws since the Supreme Court’s Shelby                  forcement process. He and Sergeant
                                             ference. Think about that—undue gov-                    County v. Holder decision, it is pretty                Craig Johnson pulled over a car, and
                                             ernment interference, which we hear a                   clear that voter discrimination exists.                what happened next was horrifying and
                                             lot about from our friends on the other                   Judge Barrett has also refused to                    tragic. They were viciously shot in the
                                             side of the aisle. That is something                    recuse herself from rulings on cases re-               head during that stop, despite many at-
                                             that Republicans deeply oppose, at                      lated to the outcome of the 2020 elec-                 tempts to deescalate the situation.
                                             least when it is corporations that need                 tion, even though President Trump is                     Tragically, Sergeant Johnson suc-
                                             defending from undue government in-                     rushing to make sure that she is there.                cumbed to his injuries. While Zark re-
                                             terference.                                             That is a clear conflict of interest if I              mained in critical condition, Sergeant
                                               Reproductive rights are only one                      ever heard one. There is no right more                 Johnson left behind his wife Kristi and
                                             freedom, as critical as they are, as that               fundamental than the right to vote—no                  sons, Connor and Clinton. That is him
                                             is, that are on the line right now. Over                right more fundamental than the right                  here on the left—dashing young man.
                                             the past decade, we have made major                     to vote. Perhaps nobody knew that bet-                   In that moment of sorrow, the Tulsa
                                             progress in ensuring that our LGBTQ+                    ter than our beloved colleague, the late               community united in prayer and hope
                                             friends and neighbors aren’t discrimi-                  Congressman John Lewis. He once said                   for the recovery of Zark. Since the
                                             nated against simply for being them-                    this:                                                  shooting, Zark has undergone several
                                             selves. Yet Judge Barrett has openly                      My dear friends, your vote is precious, al-          surgeries. He spent months recovering
                                             opposed this progress, including speak-                 most sacred. It is the most powerful non-              in rehab. Throughout these months,
                                             ing out against the decision that made                  violent tool we have to create a more perfect          Zark provided us with updates of his
                                             marriage equality the law of the land.                  union.                                                 recovery and the progress he has been
                                             She has even given numerous speeches                      A more perfect union; that is what                   making. He even called into a class of
                                             on behalf of the Alliance Defending                     we want, isn’t it? That is what we are                 new Tulsa Police Department recruits.
                                             Freedom, a rightwing organization                       working toward every day, I hope. That                 He also went in person to his squad
                                             that thinks being gay should be a                       is what Americans have been marching                   meeting and met with them.
                                             crime.                                                  for and speaking out for and bleeding                    His progress is truly remarkable. As
                                               Workers, too, could see their rights                  for and dying for as long as we have                   Tulsa Police Captain Kimberly Lee put
                                             evaporate under a Justice Barrett. Bar-                 been a nation.                                         it, ‘‘He really is an example for all of
                                             rett would be just one more conserv-                      We face a crucial choice. I am choos-                us.’’ That is exactly right. Zark is a
                                             ative Justice who will issue rulings                    ing to stand with the vast majority of                 hero. He persevered through extraor-
                                             that hurt the ability of workers to                     the American people on the side of jus-                dinary pain and strife and is now mak-
                                             fight workplace mistreatment and dis-                   tice and equality. I urge a ‘‘no’’ vote on             ing a speedy recovery.
                                             crimination, and to organize and col-                   Judge Barrett. The American people                       Last week, on October 15, Zark re-
                                             lectively bargain for wages, benefits,                  deserve much, much better.                             turned home from 3 months of rehab,
                                             and workplace protections. That is                        Mr. President, there is one other                    and he was met by friends and family
                                             what she did in her decision Wallace v.                 thing that I need to do before yielding                and supporters who welcomed him with
                                             Grubhub Holdings in which she ruled                     the floor. I would yield my remaining                  open arms. Our mayor, G.T. Bynum,
                                             against workers who were denied over-                   postcloture time to the Democratic                     declared October 15 Officer Aurash
                                             time wages—against workers who were                     leader.                                                Zarkeshan Day in the city of Tulsa and
                                             denied overtime wages that are pro-                       I yield the floor.                                   proclaimed that Zark is ‘‘Tulsa’s
                                             tected by the Fair Labor Standards                        The PRESIDING OFFICER (Mr.                           Hope.’’ I couldn’t agree more. Zark em-
                                             Act.                                                    PORTMAN). The Senator has that right.                  bodies everything that makes Okla-
                                               If a Justice Barrett sides with the                     The Senator from Oklahoma.                           homa great.
                                             powerful against people, I think we all                      RECOGNIZING CRAIG JOHNSON AND AURASH                Mr. President, I ask unanimous con-
                                             know what that means for the future of                                    ZARKESHAN                            sent that proclamation be printed in
                                             our world.                                                Mr. INHOFE. Mr. President, I actu-                   the RECORD at the conclusion of my re-




ctelli on DSK11ZRN23PROD with SENATE
                                               During her confirmation hearing,                      ally listened to the comments that                     marks.
                                             Judge Barrett refused to say whether                    were made by my good friend from                         Zark wanted to give back to his com-
                                             or not she believes that climate change                 Michigan, but I have to say this, that                 munity, and he delivered. October 15
                                             exists, saying she is not a scientist.                  she is talking about someone who is                    will hold a special place in the heart of
                                             You don’t need to be a scientist. Just                  considered by me and many others as                    the thousands of people who call Tulsa
                                             ask people in Michigan about what is                    arguably the most gifted jurist ever                   home.



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