Coronavirus (Cong. Rec., Oct. 25, 2020)

Summary

A page of the Congressional Record, Senate, dated October 25, 2020, at page S6468, under the heading Coronavirus. Mr. Portman speaks during a rare Sunday session on the confirmation of Judge Barrett to the Supreme Court, praising her judicial temperament and respect for precedent, saying nobody can say she is not highly qualified and citing the American Bar Association. He then says a $500 billion relief package got a majority vote last Wednesday but was blocked because 60 votes could not be found, and that Democrats would have had the opportunity to offer their own amendments if the Senate had gotten on the bill. The page ends with remarks that most coronavirus legislation has passed by unanimous votes.

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“Coronavirus (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-pgs6468-f28480f4e0/, SHA-256 ccfd6c985a597b62e475a824262c63176cc204a60934b402c9d81433b0d9794d.

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S6468 CONGRESSIONAL RECORD — SENATE October 25, 2020
The PRESIDING OFFICER. (Mr. system here. I think that is really im- every Democrat can support. In fact, I
SCOTT of Florida). Without objection, portant. As I said to her in our meet- think there were some things that were
it is so ordered. ing, I hope she will be an ambassador, in our bill that some Democrats might
Mr. PORTMAN. Mr. President, we and I think she will. In fact, I think not love. But for the most part, there
are in session here on a Sunday in she will be an extremely effective am- were bipartisan proposals that every-
Washington for a rare Sunday session bassador—as the youngest member of body can support, and all we asked for
in the U.S. Senate so that we can con- the Supreme Court and also as a was to be able to get on the bill to have
firm a terrific woman to be the next former teacher—with regard to young a debate. Yet we had to have 60 votes
Justice of the Supreme Court. people, to help them understand what to be able to do that. That is the super-
There is an open seat right now that it means to have a judicial branch and majority that is required around here,
needs to be filled, and Judge Barrett, how it is different from the legislative and those 60 votes could not be found,
who is currently a judge on the circuit branch or the executive branch for that even though last Wednesday the $500
court, one level below the Supreme matter. Judges are not supposed to be billion package got a majority vote.
Court, has really impressed me and the legislators. That is not what they are There was a majority vote for this
American people with her performance. hired to do. Yet in some cases we have package but not the supermajority
I had a chance to meet with her this gotten the sense that judges ought to needed. It was blocked by the other
past week, and I was already impressed be deciding issues that are reserved for side.
but even more so, having had a chance those who are elected by the people; If we had gotten on the legislation
to spend some time with her. I had that is, the legislators. and had the debate about what the PPP
been impressed with her performance Judges have an important role, and program ought to look like, how much
at the hearing because I thought she that is to look at the laws and to look money should be used for testing, what
showed great patience and calm in the at the Constitution and to determine we should do with regard to liability
face of some really tough questions. To whether something is consistent with protections, Democrats would have had
me, that is judicial temperament, and I those. That is what she will do, and I the opportunity to put their own ideas
think that will serve her well in her think she will do it very fairly, with forward, to offer their own amend-
new role as Justice of the Supreme compassion and with a great under- ments, and I would have strongly sup-
Court. standing of the legal issues and prece- ported them in that process.
I have also been impressed with her dent. Also, some of us had some additional
qualifications. I don’t think anybody She explained before the committee amendments we would like to have
can say she is not highly qualified. In that she was respectful of precedent. added and changes we would like to
fact, the American Bar Association, She also told me that in our meeting. have seen. But, ultimately, if Demo-
which does not always look favorably I think she has the proper under- crats or Republicans found that they
at Republican appointees, was, in her standing of the role of the Court and didn’t like the final product that came
last confirmation, convinced that she her role as a Justice. out of that discussion, that debate,
was highly qualified, and again, in this I am looking for the opportunity to they would have had another chance
one, they gave her their highest quali- finally vote. I guess we will do that to- because there would have been another
fication. That is impressive. morrow night, sometime in the 60-vote hurdle to get over before pas-
As has been talked about on the floor evening, and I hope it will be a strong sage of the legislation.
tonight, she actually has been through vote. I hope it can be even a bipartisan I know this is sounding like a process
this process before—and pretty re- vote, as it was last time she was con- issue, but it really is not. It is about
cently. I think less than 3 years ago firmed by this same body. doing our jobs as Senators. Both Re-
she was confirmed by this same body, CORONAVIRUS publicans and Democrats care about
and it was a bipartisan vote, and it was Mr. President, while the Senate con- this issue, yet we just can’t seem to
an opportunity for people to get to tinues to work through this important figure out how to get it unfrozen here
know her. So this is not as though we process of the next Supreme Court and to be able to move forward. Having
have brought somebody forward who nominee, I am also here on the floor blocked, again, even having a debate on
isn’t already known, who isn’t already today to remind all of us that we are moving forward was very discouraging
deemed to be very well qualified. In still in the middle of an unprecedented to me.
fact, I don’t know anybody in this healthcare and economic crisis caused CORONAVIRUS
Chamber who doesn’t think that she is by this ongoing coronavirus pandemic. Mr. President, the economy is still
well qualified and that she has done a I am here to express my frustration struggling. As I said, we are not out of
good job as a judge and a lawyer. that the sense of urgency and com- the woods yet, particularly in the areas
She graduated first in her class at promise that we had for the first sev- of hospitality, travel, and entertain-
Notre Dame Law School, and then she eral months of this coronavirus seem ment. We are not out of the woods on
went back there and taught. She won to have disappeared as we have ap- the virus yet, either, with many States
the Teacher of the Year Award three proached the election. seeing a third wave right now. That is
times when she was at Notre Dame, The Democratic leader today raised what I would describe is happening in
and, most importantly to me, she is the seriousness of the pandemic. Some- Ohio, my home State. I have watched
just widely respected by her colleagues. thing said on the other side of the aisle the numbers every single day this
These are professors. She is also widely was that we shouldn’t even be taking week. Not only are the number of cases
respected by her former students. up a Supreme Court nominee because increasing, but the hospitalizations
These professors and students, by the of the seriousness of the pandemic and went up this week. The number of peo-
way, are representing the entire polit- the need to focus on that. ple in ICU went up and fatalities went
ical spectrum from very liberal to very I don’t understand why then, on up.
conservative. All of them say the same Wednesday, the same Democratic lead- It is critical that this Congress pro-
thing about her, which is that she is a er and his colleagues blocked even tak- vide additional relief to help the Amer-
legal scholar, that she is highly quali- ing action on the coronavirus or even ican people get through this healthcare
fied, and that she is a good person. having a debate on whether to take ac- crisis and economic fallout we have
In our meeting I got to see some of tion because, once again, they blocked seen. We have done it before. Five
that. I saw in our meeting that she is a legislative initiative to have a dis- times Republicans and Democrats on
a great listener. People talk about ac- cussion about this issue. this floor and over in the House and
tive listening. She was really inter- By the way, it is a discussion about working with the White House have

ctelli on DSK11ZRN23PROD with SENATE
ested in what the topics were and had an issue that affects every single one of passed coronavirus legislation—five
very thoughtful responses. our States. Again, we are not out of the times. In fact, most of the votes have
She is also a legal scholar who under- woods, so we should be not just dis- been unanimous. It is unbelievable be-
stands very clearly what the role of the cussing it but passing legislation on it. cause here we are in this partisan at-
Supreme Court should be in our separa- The legislation that we have intro- mosphere, but most of the votes have
tion of branches in our governmental duced might not be legislation that been unanimous.

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