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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“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
VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.242 S25OCPT1
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
VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.244 S25OCPT1
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
VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A19OC6.158 S25OCPT1
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.
VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.245 S25OCPT1
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
VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.246 S25OCPT1
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.
VerDate Sep 11 2014 06:53 Oct 26, 2020 Jkt 019060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G19OC6.248 S25OCPT1
File and source
- File
- CREC_crec-2020-10-25_crec-2020-10-25-pt1-pgs6459.pdf
- Size
- 233,135 bytes
- SHA-256
- 0e45e0669b29e0d1def771d0a240f8fb18c5f852247c983ea9c4efeb7183f736
- Original
- www.govinfo.gov