Senate Record, October 25, 2020 — Congressional Record
Summary
This is the opening of the Congressional Record, Sunday, October 25, 2020, Vol. 166, No. 184, Part II, starting at page S6507 and continuing onto S6508, with interleaved columns. The House was not in session, and the Senate continues the Executive Calendar. Ms. Cortez Masto opposes the confirmation of Amy Coney Barrett, saying the timing is wrong during the pandemic and that Nevadans need additional coronavirus relief. She cites a Nevada unemployment rate of 30 percent in April and says Speaker Pelosi and Leader Schumer have come down from $3.4 trillion to $2.2 trillion while the President and Secretary Mnuchin have offered $1.8 trillion. Other speakers whose names are not printed in the text read also oppose the nomination. The views are attributed to the speakers.
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“Senate Record, October 25, 2020 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-25-crec-2020-10-25-pt2-pgs6507-4-7fed1928fe/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, SUNDAY, OCTOBER 25, 2020 No. 184—Part II
House of Representatives
The House was not in session today. Its next meeting will be held on Tuesday, October 27, 2020, at 10 a.m.
Senate
SUNDAY, OCTOBER 25, 2020
(Legislative day of Monday, October 19, 2020)
EXECUTIVE CALENDAR—Continued able Care Act in a case that will be thrive, but others just can’t substitute
The PRESIDING OFFICER. The Sen- heard just a week after the election. online interactions for in-person con-
ator from Nevada. On November 10, the Supreme Court tact. That includes Nevada’s world-
Ms. CORTEZ MASTO. Madam Presi- will listen to arguments from lawyers class travel, tourism, and hospitality
dent, I rise today to join my colleagues in a court case about whether the Af- industry.
in opposing the confirmation of Judge fordable Care Act is constitutional. During April, Nevada had the highest
Amy Coney Barrett as Justice of the Majority Leader MCCONNELL and the unemployment rate ever recorded any-
Supreme Court. This is the wrong time President want a Justice who shares where in the country at 30 percent. We
to be choosing a Supreme Court Jus- their views on the Affordable Care Act are recovering from that peak more
tice, and Justice Barrett is the wrong seated on the Court by that date. slowly than other States, and we still
candidate for a seat on that Court. Amy Coney Barrett’s record on the have one of the highest unemployment
The timing of tonight’s confirmation ACA, not to mention her stance on the rates in the country. In August, second
vote is shocking. The majority of rights for women and the LGBTQ only to Hawaii’s, it was 12.6 percent.
Americans want to be able to weigh in Americans that you have heard from Nevadans are hurting. Nevadans are
on who should sit in Justice Ruth my colleagues today and you will hear hurting, Americans are hurting, and
Bader Ginsburg’s seat on the highest throughout the night, but her record my constituents tell me about it all
Court in the land. They want to vote to on the ACA poses tremendous risk to the time, and the data is clear what I
choose a President to fill that vacancy. Nevadans at a time when they need see in Nevada. One in seven Nevadans
We are 8 days away from Americans every help we can extend to them dur- say they aren’t getting enough to eat,
casting their final votes in the 2020 ing this health pandemic. and one in five Nevadans say the chil-
election. Over 58 million Americans That is why I opposed her nomina- dren in their household are underfed.
have already voted, including more tion to the Seventh Circuit Court of There has been a 14-percent increase
than 649,000 Nevadans. The American Appeals back in 2017, and that is why I in those receiving SNAP benefits in the
people are making their voices heard in oppose her confirmation to the Su- Silver State since February. There are
response to this administration’s disas- preme Court today. Instead of rushing 14 percent of Nevadans who say they
trous handling of the coronavirus pan- her through in a partisan fashion to a are behind on rent or mortgage, and 38
demic, which has led to the loss of lifetime seat on the Supreme Court, we percent are having difficulty with
225,000 American lives, including 1,748 should be working together to get the household expenses. There are 110,000
Nevadans, and sickened over 95,000 Ne- additional coronavirus relief that Ne- households in my home State that
vadans. vadans and Americans so badly need could be at risk of eviction by January.
In the middle of this crisis, Congress right now. That is why I have spent weeks call-
should be doing everything it can to Most of us here in the Senate under- ing on Leader MCCONNELL to extend
address the needs of the American peo- stand that the American people need and expand upon the support that we
ple. Instead, the Senate majority lead- help to cope with the pandemic. To put in place in the relief legislation
er is ramming through a nominee at save lives and to stop the spread of the that we passed in the first half of this
breakneck pace. He and the President virus, people have to wear masks, they year. Unfortunately, instead of negoti-
are rushing this nominee’s confirma- wash their hands, and they socially dis- ating another COVID relief package,
tion for a reason, which is because they tance. That has meant that businesses Leader MCCONNELL would rather play
believe, based on Judge Barrett’s own haven’t been able to operate as usual. politics.
public statements, that she will be the Some companies have been able to Nevadans need to understand the par-
SSpencer on DSK126QN23PROD with SENATE
decisive vote to overturn the Afford- rethink their business models and tisan political games that are being
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S6507
.
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S6508 CONGRESSIONAL RECORD — SENATE October 25, 2020
played right now. Over the last 7 over that they want the ACA and its Let me tell you, the U.S. Department
months, Senator MCCONNELL has re- extensive protections for healthcare, of Justice has done everything it can
fused to come to the table to even ne- this administration and MITCH MCCON- to assist their efforts to strike down
gotiate with the administration, with NELL have been stacking the court with the ACA. They filed a brief. The U.S.
Speaker PELOSI, and Leader SCHUMER. Federal judges they believe would over- Department of Justice, on behalf of
Now, Speaker PELOSI and Minority turn the ACA, and Professor Barrett President Trump’s administration,
Leader SCHUMER originally asked for fits their profile. have filed a brief arguing that the en-
$3.4 trillion in a new stimulus package. In 2017, Professor Amy Coney Barrett tire law is invalid in support of those
They have since come down to request wrote a book review article for Notre Republican attorneys general who
for $2.2 trillion in relief. That is a de- Dame Law School making it clear at want to do away with the Affordable
crease of $1.2 trillion from their origi- the time in that book review that she Care Act. They have done this because
nal position. In return, as they have thought Justice Roberts incorrectly the President wants them to.
been negotiating with the administra- decided NFIB v. Sebelius. She said that In an interview with ‘‘60 Minutes’’
tion, President Trump and Secretary Chief Justice John Roberts ‘‘pushed that aired just this evening, the Presi-
Mnuchin have offered $1.8 trillion in the Affordable Care Act beyond its dent said that with regard to the Su-
coronavirus relief. Clearly, Speaker plausible meaning to save the statute.’’ preme Court’s decision on the Afford-
PELOSI and Secretary Mnuchin have Conservatives who agreed with her, able Care Act, ‘‘I hope that they end
been working to get closer to an agree- well, they took notice, because in May it.’’
ment over the amount and structure of of that same year, 2017, they nomi- That is not the only time. It is not a
the next needed comprehensive COVID nated her to serve as a judge on the secret. President Trump wants to do
stimulus package. Seventh Circuit Court of Appeals—go away with healthcare coverage and pa-
Meanwhile, while that negotiation is from professor to a judge of the Sev- tient protections in the middle of a
going on, Senator MCCONNELL is not enth Circuit Court of Appeals. pandemic that has killed 225,000 Ameri-
even at the table. He refuses to even Now, while her nomination was pend- cans, and he has been very clear about
negotiate with the Democrats. Just ing in 2017, in July, the Republican it. I mean, look back. June 26, 2015:
this week, last week, he has forced two leaders in the Senate again tried to If I win the Presidency—
votes on the floor of the Senate on re- force a vote to repeal the Affordable
lief packages that were crafted behind When he was a candidate.
Care Act, and during that vote, the
closed doors with no bipartisan nego- —my judicial appointments will do the right
late Senator John McCain gave his fa- thing, unlike Bush’s appointee, John Rob-
tiation, and the second package was mous thumbs down to show that he
half the price of the one before. That is erts, on ObamaCare.
would not be responsible for repealing
not a negotiation. That is politics. Sen- February 8, 2016:
the ACA and ripping healthcare away
ator MCCONNELL doesn’t want to deal. from millions of Americans. I am disappointed—
He hasn’t participated in the talks, and Well, a couple of months later, Octo- This is President Trump.
he is proposing less than a third of ber 2017, Amy Coney Barrett was ap- —I am disappointed in Chief Justice Roberts
what even the Secretary of the Treas- pointed to the Seventh Circuit Court of because he gave us ObamaCare. He had two
ury thinks we need. Appeals. I opposed her then for the chances to end ObamaCare, and he should
Instead, the majority leader has been same reasons that I oppose her nomina- have ended it by every single measurement,
laser-focused on one thing and one tion today. One month later, in Novem- and he didn’t do it, so that was a dis-
thing only, rushing through the Su- appointing one.
ber, she is then placed on President
preme Court nomination for Judge May 7, 2020, President Trump reiter-
Trump’s list of potential nominees to
Amy Coney Barrett. There is a reason ated his position:
the U.S. Supreme Court. She just got
he is pushing so hard. He and others in We want to terminate healthcare under
to the circuit court. A month later, she
the GOP have been obsessed with get- ObamaCare, and ObamaCare is a disaster.
is now on President Trump’s list. Why
ting rid of the Affordable Care Act September 27, 2020, shortly after
is she on that list? Because she made it
since it passed, and in Amy Coney Bar- Barrett’s nomination to the Supreme
very clear in her writings that she was
rett, they see their chance to finally do Court, President Trump tweeted:
opposed to the Affordable Care Act.
just that. Then 3 months later, in December of ObamaCare will be replaced with a much
Now, I want Nevadans to understand
2017, the Republicans in Congress better and far cheaper alternative if it is ter-
exactly what is at stake and how we minated in the Supreme Court. It would be a
passed a bill that would continue their
got here. Let me lay out the timeline big win for the USA.
of just some of the dozens of Repub- attempts to sabotage the ACA. What
they couldn’t get done, because Sen- So, 4 years, at least, while I have
lican attacks on the Affordable Care
ator John McCain and several others been here, Republicans have been try-
Act and how Judge Barrett fits into
stopped him, they continued to sabo- ing to repeal it, and this administra-
their larger plan to overturn
tage it, so they passed a law. Based on tion has been promising a replacement
healthcare protections.
In 2010, the Obama administration this new law, several Republican attor- for healthcare in this country if the Af-
passed the Patient Protection and Af- neys general then went to Court asking fordable Care Act is repealed, but we
fordable Care Act, the ACA, to bring the Court to rule the ACA unconstitu- see no replacement. We know that they
down healthcare costs and make sure tional. That case is California v. Texas, have been putting judges on the Fed-
that Americans had access to quality and it will be argued this year, Novem- eral courts that will do their bidding—
healthcare. Now, Republicans have ber 10, just 2 weeks from now. or at least think that they will do their
been trying to repeal it ever since, vot- So their pathway has been con- bidding.
ing at least 70 times—70 times—to undo sistent; I give them credit for that. The Now, let me give Judge Amy Coney
the law in Congress. When they failed Republicans have been consistent in Barrett credit because here is the
in Congress, they attempted in the wanting to do away with the Afford- thing: As an attorney, I respect judges,
courts. able Care Act. They have either tried it and I am always looking for a judge—
Republicans have repeatedly used the here in Congress, or they are con- a mainstream judge—who is going to
courts to challenge Congress’s power to tinuing to work the courts, and if they weigh the evidence and the facts, look
enact the ACA. Their first attempt can’t win in the courts, then let’s put at the precedent, and make a decision
ended in failure in 2012 when the U.S. judges on the Federal benches that we that is on behalf of this country and
know will support our position, and the American people. So it is fair,
SSpencer on DSK126QN23PROD with SENATE
Supreme Court upheld the important
provisions of the ACA in an opinion that is what you have happening. That though, without knowing her back-
written by Chief Justice Roberts in the is why this is being rushed through ground, to judge which way she is
landmark case, NFIB v. Sebelius, but now, because they need Amy Coney going to rule and if she has an inherent
that has not stopped the Republican Barrett on the bench when that case is bias based on her writings. That is
leadership. heard November 10 to determine the what we do all the time.
Even though a majority of the Amer- constitutionality of the Affordable What are her writings? Whether it is
ican people have made it clear over and Care Act. in private life as a professor or as an
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6509
attorney practicing law or as a judge in lives during this pandemic. In Nevada, patchwork of different laws in different
her written opinions, that is fair game. 12 percent of those who have died of States.
That will give us insight, because we COVID–19 are African-American and A recent study suggests that if Roe v.
can’t see into somebody’s mind and another 12 percent are Asian-American/ Wade were overturned, the closest
what they are thinking. That will give Pacific Islander. abortion clinic would close for 41 per-
us insight on their legal analysis. We also know from national data cent of women across the country, and
We know what she said at the hear- that COVID–19 has particularly dev- the distance to the nearest clinic would
ing. There is two hearings: One is the astating effects on children of color. Of increase from an average of 36 miles to
Seventh Circuit, and one is U.S. Su- those under 21 who have been killed by an average of 280 miles.
preme Court. I will say, in her con- the coronavirus, more than 75 percent In 2020, American women shouldn’t
firmation hearings, Judge Barrett has have been Hispanic, Black, or Native have to choose what State to live in
said: American. In addition, the coronavirus based on what kind of healthcare they
I am not hostile to the ACA at all. pandemic has had a disproportionate think that they can get. These are fun-
But this statement contradicts the effect on pregnant women of color and damental rights that shouldn’t be up
thing she said about the ACA before their babies. for grabs.
Nationwide, Latino mothers make up More than 80 percent of Nevadans be-
her nomination to the court.
I believe now what I believed in 2017, nearly half of the coronavirus cases lieve that women should control their
Judge Barrett’s writing showed her to among pregnant women, according to own reproductive choices, and I stand
be clearly opposed to the ACA. My view the CDC data through August. with them.
Young people and communities of I am also concerned about the impact
is that no one—no one—not even a
color are also seeing the greatest eco- that Judge Barrett would have on
judge, should weaken those protections
nomic impact as a result of this pan- LGBTQ Nevadans if she is confirmed to
for healthcare in this country during a
demic. They are losing jobs and the Court. The ACA contains specific
once-in-a-lifetime pandemic.
healthcare at higher rates. A recent protections against discrimination
The Affordable Care Act is a crucial
study suggested that job losses would based on gender identity. The Trump
part of the Nation’s response to
administration has already weakened
coronavirus. Without it, insurance mean that 5 million Black, Latino, and
these protections significantly. If the
companies would be able to charge Asian Americans would lose healthcare
ACA is struck down altogether, people
more or even deny insurance to people during the pandemic.
People in these communities don’t who don’t conform to gender stereo-
with preexisting conditions. That in-
types, including transgender Ameri-
cludes more than 95,000 Nevadans who always have the financial reserves to
cans, could face increased discrimina-
have had COVID–19 to date because keep a roof over their heads, let alone
tion in healthcare.
contracting that coronavirus is a pre- access to critical, physical, and mental A study of transgender patients be-
existing condition. It includes another healthcare. Repealing the ACA would fore the ACA went into effect, found
1.2 million Nevadans with other pre- just further jeopardize these Ameri- that one in five had experienced dis-
existing conditions from asthma to cans, including millions in my home crimination from doctors and that 28
cystic fibrosis to depression. State and across this country. percent have postponed medical care in
Without the ACA, insurance compa- And without the ACA protections, the past in order to try to avoid that
nies would also be able to consider women in Nevada would also see ad- discrimination.
pregnancy a preexisting condition as verse impacts on their health. That is Judge Barrett could also pose a con-
they used to. The 1.5 million women in because the ACA requires insurance siderable threat to the LGBTQ individ-
Nevada could be charged more for their plans to offer women essential benefits, uals in other ways. During her con-
care than men, and lifetime and annual like annual wellness examines, preven- firmation hearings, she refused to say
benefit caps could be reinstated. tive mammograms and other whether she agreed with a decision in
If the Affordable Care Act is repealed screenings, maternity care, and access Obergefell v. Hodges, which established
or found unconstitutional, insurance to free birth control. If the law is the right to same-sex marriage nation-
companies would be able to kick chil- struck down, these benefits would go ally.
dren off their parents’ insurance before too. In 2015, she publicly signed a letter
the age of 26. Across the country, with- In fact, Judge Barrett publicly signed stating that marriage is founded on the
out the ACA, more than 20 million peo- a statement of protest against the ACA indissoluble commitment of a man and
ple would lose their health coverage, contraceptive coverage requirements. a woman. She has also publicly argued
and over 135 million Americans would She said that those requirements were that title IX of the Civil Rights Act
lose protections for their preexisting ‘‘an assault on religious liberty when does not apply to transgender Ameri-
conditions. If the Supreme Court elimi- applied to religious employers and in- cans, noting that it seems to strain the
nates the ACA, millions of newly unin- stitutions.’’ text of the statute to say that title IX
sured people will be unable to afford But that is just the first part of the demands that the government guar-
coronavirus treatment. danger that Judge Barrett represents antee transgender bathroom access.
If you don’t have insurance and you to women’s healthcare. She puts repro- So, again, I am very concerned that
contract COVID–19, you are looking at ductive health rights at risk across the if she is confirmed to the Court, Judge
tens of thousands of dollars in hospital board. Barrett will be an additional vote to
bills. Let me tell you, this is especially In 2006, Judge Barrett signed a letter strike down things like same-sex mar-
alarming because COVID–19 has hit that called for ‘‘an end to the barbaric riage and imperil the health of LGBTQ
communities of color the hardest, in- legacy of Roe v. Wade.’’ Nevadans.
cluding in my State. In Nevada, a third As a judge, she has repeatedly voted The truth is that Judge Barrett’s
of our population are Latino; with an- to rehear cases that struck down un- views on a whole host of issues are far
other 10 percent of the population Afri- constitutional abortion restrictions. from mainstream. In her short time in
can-American; and 9 percent, fastest During her confirmation hearing, she the Seventh Circuit Court of Appeals,
growing Asian-American/Pacific Is- refused to describe Roe v. Wade as a Judge Barrett has sided with corpora-
lander; 2 percent, Native-American. superprecedent that could no longer be tions over workers and consumers in a
Among COVID–19 cases, however, challenged. These views suggest—her majority of business-related cases, re-
these numbers are practically turned written views and comments—that as sulting in the erosion of workers’
upside down. Forty-five percent of Ne- she predicted in a 2016 speech, a Trump rights and consumer protection rights.
SSpencer on DSK126QN23PROD with SENATE
vada’s COVID–19 cases are among nominee to the Supreme Court would She has suggested that voting rights
Latinos who make up 29 percent of the mean that the restrictions on abortion should be more easily restricted than
population. And 29 percent of the cases would change and that the Court would the right to possess firearms. And she
are among White Nevadans who are 45 likely increase how much freedoms has ruled that the Age Discrimination
percent of the population. Nevadans of States have in regulating abortion, and in Employment Act does not protect
color are also overrepresented in the if those States have more freedom to job applicants from hiring practices
numbers of those who have lost their regulate abortion, it will lead to a that harm older Americans.
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S6510 CONGRESSIONAL RECORD — SENATE October 25, 2020
Now, I have received over 18,000 let- eral decades that were 5-to-4 decisions, The cruelty and blindness to the real
ters from Nevadans opposing her con- with Justice Ruth Bader Ginsburg the needs of Americans is astounding to
firmation. That is compared to 3,900 deciding vote in the majority and Jus- me. Instead of working for our con-
supporting it. So, clearly, Nevadans are tice Antonin Scalia, whose judicial phi- stituents, Republican leadership has fo-
concerned that Judge Barrett doesn’t losophy inspires Judge Barrett, in the cused on a last-minute power grab that
share their views, and they are right to minority. There is every reason to threatens Americans’ health. I can’t
be concerned. think that Judge Barrett would take support that.
The Supreme Court makes decisions positions like Justice Scalia’s in those There is no reason to rush this nomi-
about so many issues that affect our areas and more. nee. There is every reason to act on a
communities, and it will be lifelong. With Amy Coney Barrett on the comprehensive COVID–19 relief pack-
People in this country care deeply Court, Americans’ civil rights, work- age. It is what we should have been
about issues, and in so many cases, ers’ rights, reproductive rights, doing months ago.
Judge Barrett’s views are out of step healthcare, and, yes, their voting My priority is and will continue to be
with what large majorities of Ameri- rights are at risk. For all of these rea- getting Nevadans comprehensive and
cans want. sons, Judge Barrett is not only the meaningful support that they need
Seventy-seven percent of Americans wrong nominee, but she comes at the right now.
think we should stop unlimited dark wrong time. Thank you.
money from influencing our politics, Now is not the time to rush a nomi- I yield the floor.
but a 6-to-3 conservative Court would nee onto the Court. Now, as millions The PRESIDING OFFICER (Mr.
slam the door on campaign finance re- fill out their ballots, is not the time to BURR). The Senator from Pennsyl-
form, allowing corporations and other deprive the American people of a voice vania.
groups to throw their wealth behind in choosing the next President who will Mr. CASEY. Mr. President, I rise to
their pet policies. choose the Supreme Court Justice. speak about the nomination of Judge
Americans believe voting should be Now is not the time for us to focus on Amy Coney Barrett to be an Associate
easy, safe, and secure, and that you the immediate crisis at hand. Justice on the U.S. Supreme Court.
shouldn’t have to risk your health dur- We need to act to save lives and to That has been the subject of, I know, a
ing a pandemic to cast your ballot. protect families in Nevada and across number of floor remarks tonight and
But, again, a 6-to-3 conservative Court the country. We need that focus now on this morning.
with Amy Coney Barrett on the Bench what our families are dealing with be- We know that in terms of the history
would make it harder for people to cause of this pandemic. That is why of the nomination at this time before
vote, especially people in low-income our focus should be on passing another an election, no person has ever been
communities and communities of comprehensive COVID–19 stimulus confirmed this close—just days away
package. from a Presidential election—and no
color. And, again, bear in mind that we
We need pandemic unemployment in- election, of course, has had so many
are in the middle of an election.
surance for those who have been laid votes cast this early. Fifty-nine mil-
If she is confirmed tonight, Justice
off or furloughed, through no fault of lion is the last number I saw a couple
Barrett would also be in a position to
their own, and subsidized health cov- of hours ago. And this is all hap-
rule on any legal disputes about that
erage for those workers. We need addi- pening—this rushed confirmation proc-
election.
tional funds to address the health as- ess—while people are voting, all while
That is one of many topics that she
pects of this pandemic—everything Republicans here in the Senate are
simply refused to answer questions
from PPE to COVID–19 testing and ramming a nomination through and
about during her confirmation hear-
tracing, to funding to develop vaccines
ings. not voting on a COVID–19 relief bill,
and treatment. We need rental and
Now, it is understandable for a judge which should be the subject of our
homeowner’s insurance to keep people
to avoid questions about a case that work at this time, in my judgment, be-
safe in their homes as winter ap-
may come before her so that she cause of the nature of the pandemic,
proaches. Our small businesses need ex-
doesn’t prejudge the outcome. But the threat that it still poses, and the
tended PPP so they can retain staff.
Judge Barrett refused to answer the relief that is needed all across the
And many of our large industries need
most basic of questions—questions that country.
support as well.
any high school civic student knows State, local, and Tribal governments But as much as we focus, in this Su-
the answer to. must have assistance so they can af- preme Court Justice nomination de-
She wouldn’t say whether the Con- ford to fund EMTs, police, firefighters, bate, on this judge from the Seventh
stitution allows Congress to protect and healthcare providers, not to men- Circuit Court of Appeals, ultimately, it
the right to vote. Answer: It does in at tion teachers who are reinventing edu- is really, in the end, not about her
least five separate provisions. cation on the fly. nomination; in the end, it is about real
She wouldn’t say whether the Presi- All of these essential services are people’s lives, especially as to how the
dent of the United States can delay the keeping our communities safe and Supreme Court will impact those lives,
election. Answer: He can’t. That is not functioning during this crisis. those families, when it comes to the
within his authority. I can keep going on and on with this Patient Protection and Affordable Care
She wouldn’t say whether the Presi- list, or I can just simply point my col- Act. That will be the focus of my re-
dent should peacefully transfer power leagues to the Heroes Act, which the marks this morning.
to the winner of a Presidential elec- House passed months ago. This is a debate about people, and I
tion. The most important American If Senator MCCONNELL really wanted will talk about a few people from Penn-
principle is that we the people get to to get meaningful relief passed, he sylvania in my time here on the floor,
decide who governs it, but Judge Bar- would do it. We know he can move people like Erin Gabriel, who is from
rett wouldn’t even affirm that. quickly because we can see that with Beaver County, PA, right on the Ohio
And she wouldn’t say whether voter this Supreme Court nominee. border, way out in the western part of
intimidation or voting twice in an elec- If he would just come to the table our State. It is about Erin and her 11-
tion is illegal. Well, it is. Those laws with Senators from both parties who year-old daughter Abby, as well as
are clearly on the books. It doesn’t are eager to find a compromise to help Shannon Striner. Shannon is from
take a constitutional scholar to inter- out their constituents, and he could Pittsburgh, just a little south of where
pret them. make that deal happen, that is what Erin is from.
SSpencer on DSK126QN23PROD with SENATE
People in Nevada and across the Na- should happen. Instead, he and the ma- I will be talking about Shannon and
tion need to realize that many of the jority in this Chamber have decided to her 4-year-old daughter, but I will start
rights and protections they enjoy are fast-track this nominee. They have de- with Erin Gabriel’s daughter Abby. I
one vote away from being ended by the cided the most important thing they will use this photograph to tell every-
Supreme Court. can do for this Nation during a once-in- one who Abby is. Abby is this child in
There are at least 120 landmark Su- a-lifetime health crisis is to confirm a the middle. She is in this picture with
preme Court cases from the past sev- Justice to the U.S. Supreme Court. her brother and sister.
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6511
Here is what Erin Gabriel said about Is that America? Is that the America began to realize just how much of a financial
her daughter. She said: we want—where we advance healthcare toll this would take on all of us if it weren’t
My youngest daughter Abby just cele- to make sure families like Erin’s and for the protections of the ACA and Medicaid:
brated her 11th birthday last Saturday. custom orthotics, outpatient weekly thera-
her daughter Abby have all the protec-
pies, overnight hospital stays, adaptive
This is just in the month of October, tion, all the coverage that she needs— strollers, walkers, safety sleepers, echo-
this month. after all the progress that has been cardiograms, communication devices, blood
That was something that was never prom- made, instead of coming together and work. The list goes on.
ised to us. Abby is growing up in her commu- saying that we are going to make im- Sienna receives seven weekly therapies.
nity with her family and friends. Normally, provements to our healthcare system The cost of those alone are $3,400 per week.
she enjoys shopping, going to the movies, but we are going to grow the number of Without the ACA, her therapies and medical
Disney on Ice. She travels. She swims at a people who are covered and we are care would have quickly exceeded the life-
local lake, and she snuggles with her dog at time cap, and Sienna would be uninsurable
home, and she rides all the rides at
going to ensure that any child like for the rest of her life and left without access
Idlewild— Abby has the protections that she to lifesaving care.
Which is a local amusement park— needs, that her family should have a Shannon goes on:
Abby is autistic, deaf, blind, nonverbal,
right to expect in the United States of
I am proud to be Sienna’s mom. The jour-
and has a rare progressive neurological syn- America, the most powerful, the ney is full of wonder, joy, and unimaginable
drome affecting multiple organ systems, wealthiest country in the history of love. It changes life’s most ordinary mo-
with a long list of life-threatening symptoms the world? ments into the extraordinary. But with con-
that we are all still trying to learn more Erin went on to say that, because she stant attacks on our healthcare, it is also
about. receives this care, the care she is get- agonizing work, hard decisions, and constant
Medically, Abby has to go through a lot. ting now—largely because of the Af- advocacy. It gets exhausting fighting for
She sees multiple specialists in Pittsburgh, your child, having to prove their value to the
fordable Care Act, not to mention Med-
Cleveland, and Boston. She is undergoing world.
blood work to monitor her anemia and to icaid: ‘‘Largely because she receives
this care, Abby is healthy, happy, and Then she goes on at the very end:
watch for signs of leukemia. She has regular
EEGs and MRIs to monitor the progress of thriving.’’ Once again, we as parents are forced to
her seizures. She uses hearing aids and glass- So I have to ask: What does justice suit up for battle and prove that our children
es and a wheelchair and a speech-generating demand here? St. Augustine said hun- are worthy of healthcare.
device. She relies on protections for people dreds of years ago: ‘‘Without justice, Her last line of this statement is:
with preexisting conditions, and she relies on what are kingdoms but great bands of Everyone loses if our children are unable
the ban on lifetime caps to access this care. robbers.’’ to reach their fullest potential.
Without the Affordable Care Act, Abby
So any government—certainly our So that is Shannon talking about Si-
would be uninsurable.
government—that makes it possible for enna, her daughter. She used that same
Then Erin goes on to talk about the word that Erin used. Different stories,
a child to have those protections, those
benefit of living in Pennsylvania be- similar burdens, but she used that
programs, those services, the thera-
cause of some extra protections that same word that Erin used—‘‘uninsur-
pies—and I could go on—and then takes
Abby has. Then she continues: able’’—uninsurable if the Affordable
an action that could result—and if this
Because she receives this care, Abby is Care Act is taken away.
right now healthy, happy, and thriving. As
law is struck down by the Supreme
Court will result—in those benefits and She talks about life with the Afford-
you might expect, Abby is considered very
high risk should she contract COVID–19. protections either to have been taken able Care Act and without it. That is
Abby has not been inside any building that is away or to be threatened or under- what a lot of parents do when they
not our home or a hospital since March 10 of mined or compromised or limited—any write to us. They tell us what their life
this year. Summer vacations, play dates, government which does that is robbing was like before the Affordable Care Act
outings, travel plans to visit grandparents— that family of justice. and what their life is like now—and
they have all been canceled. This fall, we I mentioned earlier that Shannon’s what their life would return to, those
pulled Abby out of her school—a place that dark days when an insurance company
daughter Sienna is another example of
had become community to her over the last
what we are talking about here. Here is could make a determination about a
8 years—to homeschool her.
She, like many children with disabilities, what Shannon says about Sienna, her child’s insurance, their coverage, their
simply cannot access a virtual education, 4-year-old daughter with Down syn- treatment—frankly, their life.
and it is not safe to send her back into a drome. She says: Then, toward the end, she talks
school building while this virus is spreading. Sienna is a remarkable little girl that about what she and other parents feel
But Abby misses her school and her friends. loves life. She is a smiley, energetic, empa- under these constant attacks, having
Normally, ongoing speech, occupational, thetic ray of sunshine. Her favorite activity to prove their value, the value of their
and physical therapy help Abby to keep the is spending time with her big sister, whom child: We as parents are forced to suit
progress she has made learning to walk, to she adores. If we let her, she would watch
eat, swallow, and to communicate. But with up for battle—suit up for battle—and
Sesame Street all day. Elmo is a way of life prove that our children are worthy of
COVID–19, they have all come to a halt. in our house. She loves music, books, ther-
It is just not safe, and it has also provided healthcare.
apy, and playing outside. She is mischievous,
us a window into what her world looks like
funny, and beautiful. She has the ability to
I am going to ask the same question
without access to these therapies. again: In America? In America, that is
bring smiles to our family on the worst of
So that is just part of Abby’s story, days. We wouldn’t change one thing about what we want to do—have this con-
as told to us by her mom. As I made her. stant battle? Parents have to come
reference to in the statement of her Sienna happens to have an extra copy of here, to the U.S. Senate and to the
mom, Erin wrote that Abby would be her 21st chromosome, also known as trisomy House?
‘‘uninsurable’’ without the ACA. 21 or Down syndrome. Sienna’s diagnosis The organization that this mom is a
I have to ask: Are we really going to came as a surprise to us. After enduring four part of is called Little Lobbyists. This
say, again, that children like Abby are miscarriages, she was our miracle baby. Our
is a group for and because of the bat-
miracle baby surprised us on the day of her
uninsurable? Are we going to allow birth with her diagnosis and a heart condi- tles on healthcare. Why the hell is this
that to happen in America? Is that the tion. going on in America?
intent of this whole exercise, the exer- We were completely unprepared to raise a Why should we be fighting about
cise that has played out over years child with a disability. After I delivered her, progress that has been made? Why
now—years—of repeal efforts? a kind nurse explained to me how lucky we aren’t we talking about improvements,
All of them so far have failed, so the were to have Sienna here in Pennsylvania getting the cost of healthcare down,
SSpencer on DSK126QN23PROD with SENATE
second strategy was to run cases up after passage of the Affordable Care Act. getting the cost of prescription drugs
through the judicial system, to get to Then she went on to talk about how down? Let’s make improvements.
the Supreme Court, and then, ulti- Pennsylvania had some benefits in Why do these parents have to contin-
mately, to stack the Court with right- Medicaid. And then Shannon con- ually battle to ensure that their chil-
wing justices who could then strike tinues: dren have this kind of protection?
down the Affordable Care Act. That is As I entered this new world of early inter- Should mothers really have to suit up
what we are heading toward right now. vention, therapies, and medical needs, I for battle in the United States of
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S6512 CONGRESSIONAL RECORD — SENATE October 25, 2020
America, where the powerful get their So that is what this is about. They nominated in the circuit court of ap-
way all the time in this place? want to make sure that she is on the peals. So that is curious.
They are different kinds of lobbyists Court and at the argument so she can But what we know is that the Presi-
that come in. They are not Little Lob- be the deciding vote on the Affordable dent who nominated her, President
byists. They are not mothers and their Care Act. That is why we are rushing. Trump, certainly wants to strike down
sons and daughters. They are a dif- How about another healthcare issue? the Affordable Care Act. In fact, in
ferent kind of lobbyist. Corporations How about Medicare? I mentioned Med- May he said he wanted to ‘‘terminate
did really well in the tax bill of 2017, a icaid. How about Medicare, the pro- healthcare’’ under the Affordable Care
bill that was rammed through between gram that used to have bipartisan sup- Act.
Thanksgiving and Christmas. port all across the board? We know the impact of that. That de-
What did they get? Well, they got Now, Judge Barrett was asked a di- struction, the act of striking down the
about a 14-point reduction in their cor- rect question about Medicare, and she Affordable Care Act, would harm tens
porate tax rate—permanent tax relief, didn’t want to give an opinion on Medi- of millions of Americans. In Pennsyl-
jacked up the debt to do it—because care. She was asked it in the context of vania, 51⁄2 million people with a pre-
they have power. the constitutionality of Medicare. And existing condition would be affected.
I thought that was—when you com- a member of the Judiciary Committee, Over 840,000 Pennsylvanians who are
pare that action that the Senate took Senator FEINSTEIN, asked her because enrolled in Medicaid expansion would
at the time to what some in the Senate she referenced a law review article be, of course, adversely impacted. So
want to do on healthcare, to roll back questioning the constitutionality of that is the reality of what we are talk-
the protections, to rip away protec- Medicare. ing about with regard to this nomina-
tions for these children—and I am not I think that is a loopy theory. I think tion.
even talking tonight about the adults that is a theory that most Americans— I will make reference to one more
who are impacted. But when you com- probably 90 percent of Americans— family before I conclude my remarks.
pare those two actions, it is really per- don’t agree with, questioning the con- It is the Kovacs family from—also from
verse and disgusting that the powerful stitutionality of Medicare, passed more Western Pennsylvania, Plum Borough,
get to come in here and get permanent than 50 years ago. It has benefited tens PA, in Allegheny County, not too far
tax relief and get a bonanza the likes of and tens and tens of millions of Ameri- from Pittsburgh. The Kovacs’ 11-year-
which we haven’t seen in modern cans and still today benefits numbers old son Thomas is blind and has mul-
American history. like that—45 million, roughly, I think tiple disabilities. He has epilepsy,
And all these parents are asking us it is. microencephaly, and intellectual dis-
to do is preserve what we have. They I understand why the judge doesn’t abilities.
are not asking for anything more. They want to say: Well, in this case that is His mom, Jessica, says the Afford-
are just saying: Please make sure my before the Court or this case that is un- able Care Act has made all of their
child doesn’t lose their coverage. settled, I might have a—I can’t give lives better: ‘‘The ACA has made it
Please make sure that they have the you a determination. But on Medicare possible for Thomas to receive therapy
therapies they need when they have couldn’t she have at least said—instead services at his school, Center Elemen-
these complex medical needs, multiple of mentioning, as she did in her an- tary School in Plum Borough.’’
disabilities—not one, in many cases, swer, the law professor’s name twice The ACA has given his parents the
but multiple. That is all they are ask- who has this loopy theory on Medicare option to change jobs and advance in
ing us to do. constitutionality, couldn’t she have their careers without fear of not being
That is why it is such an important said simply: Well, I can’t tell you how able to obtain health coverage for him
matter in the Supreme Court fight be- I am going to rule on a Medicare case, because of his preexisting conditions.
cause you have to ask: Why the rush to but I can tell you that, just like Brown And they don’t need to worry about
get this nominee through by election v. Board of Education is a superprece- busting through lifetime expense caps
day? That has never happened before dent in a judicial sense, I think most and losing coverage for Thomas. The
this close to an election. people would agree that Medicare is a ACA has brought peace of mind and
Well, I will tell you why. This nomi- superprecedent in a legislative sense. comfort to their family because they
nee is being fast-tracked, first of all, She wouldn’t have violated any prin- know that he is protected by the essen-
because this nominee has been vetted ciple of not telling how you are going tial healthcare benefits the law pro-
by the two groups that matter—the to come down in a case. She could just vides.
Federalist Society and the Heritage tell us or relate to us the reality that Striking down the ACA isn’t only
Foundation—both groups totally com- most Americans believe about Medi- about the essential health benefits. It
mitted to undoing, striking down the care. is about a lot more than that.
Affordable Care Act. So she has already Now, I know there has been some There is so much more that I could
passed that test, and she apparently commentary about her law review arti- talk about tonight, so many more ex-
passed with flying colors, as she moves cle that—or I should say her writings amples, but I will conclude with that
very quickly to a likely confirmation. about the 2012 Supreme Court case. We and just make one final comment.
But why the fast-track to get there know that the case she was referring to When I think about what could happen
in a matter of days? What is coming was a 2012 case. So, in 2017, Judge Bar- and what is likely to happen if Judge
up? Is it election day? No. There is a rett wrote an article about what Chief Barrett is confirmed and becomes a
date after the election; it is November Justice Roberts ruled in the case. She member of the Court, participates in
10. That is the argument date. They wrote: ‘‘Chief Justice Roberts pushed the argument on November 10, and
know that, if she is not on the Supreme the Affordable Care Act beyond its then because of that participation is
Court, if she is not confirmed as a plausible meaning to save the statute.’’ allowed to, as a member of the Court,
member of the Court by the argument, In light of her frequent criticism of to rule on this ACA case, it is highly
November 10, she can’t participate in the act, the Affordable Care Act, Sen- likely that the Affordable Care Act will
the decision. ator LEAHY of Vermont asked her dur- be wiped out.
What is the decision? The decision to ing her confirmation hearing whether I have to ask about the fate of Abby
strike down the Affordable Care Act. she had ever written or spoken in favor and Sienna and so many other children
That is what it is—the decision that of the law. She has not. So that is what like them all across our Common-
really is the proxy for what did not she was writing in 2017. wealth and all across the country. I
SSpencer on DSK126QN23PROD with SENATE
happen on the floor of the U.S. Senate I have to ask: If she felt so strongly think often in government we must
in July of 2017. When the repeal effort about the 2012 decision by the Court ask, here in the U.S. Senate or in the
failed and when it failed multiple times and the position of Justice Roberts, she House or in the other branch of govern-
in the House over many years, this is didn’t seem to write much about it for ment—the judicial branch or in any
the proxy for it. Litigate it, fund it, a couple years—until 2017, when you branch of government, the executive,
and run that case right up the chain to had a new President. And what fol- legislative, or judicial branches—we
the Supreme Court. lowed a few months later was she was should all ask ourselves, Is this action
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6513
I am taking or is this policy or pro- We are here in the wake of the judicial nominees. In fact, they re-
gram advancing the cause of justice or killings of Black men, like George jected a highly-qualified nominee for
not? Floyd, and Black women, like Breonna the very seat Judge Amy Coney Bar-
I would submit that striking down Taylor, which sent throngs of pro- rett currently holds. President Obama
the Patient Protection and Affordable testers into the streets across the nominated Myra Selby for the Seventh
Care Act by virtue of a Supreme Court country to rightly demand greater po- Circuit in January of 2016. She had
decision is not only the wrong policy, lice accountability and racial justice. served on the Indiana Supreme Court
it is a giant step backwards in the in- We gather here as wildfires in the and would have been the first African-
terests of justice. Justice demands that West and hurricanes in the South dem- American and first woman from Indi-
these children have these protections; onstrate with deadly and destructive ana on that circuit.
that these protections are not under- voracity the accelerating and dan- Senate Republicans—what did they
mined, they are not compromised, and gerous consequences of climate change. do? Didn’t even give her a hearing.
they are not taken away by judicial We meet as voters are filling out mail- Then, 1 month later, February 2016,
fiat. in ballots as early as they can to make Justice Scalia passes away. President
This nomination threatens the sure that the Postal Service, which Obama nominates Merrick Garland to
healthcare of children like Abby and this administration has deliberately the Supreme Court, a good and very
Sienna right now—right now in the slowed down, can get their ballots de- fair judge who had been confirmed to
United States of America, where we ad- livered on time so that they can be the DC Circuit by a Republican-con-
vanced into the light of protection for counted and as voters stand in long trolled Senate by a vote of 76 to 23.
those children. When you consider lines, with their masks, 6 feet apart, to What did Senate Republicans do? They
what is at stake right now, it is that cast their ballots in the early vote. refused to consider the nomination.
case. I think it is potentially the most At this moment, this country is fac- They said, February—February of
important case the Court will decide in ing all these pressing issues, but as I 2016, February of that election—was
the next quarter century. That is the come here this evening or early this simply too close to a Presidential elec-
morning, we are not considering solu- tion to fill the slot. The American peo-
impact of it.
Very few Americans are not directly tions to any of those critical and ur- ple should have a voice, they said. Let
affected by this case, either because gent issues, not a single one. Instead, the people choose a President this year
they are affected by way of loss of cov- we are blowing up the precedent that and then that President, whomever
erage or they are affected because of the Senate Republican leader and other that may be, make the nomination to
Republican Senators themselves estab- the Supreme Court.
the scope of the protections that were
Not only did Senate Republicans op-
brought about by the passage of the Af- lished 4 years ago and considering a
pose Merrick Garland, they refused to
fordable Care Act, the enactment of it. Supreme Court nominee closer in time
meet with him. They refused to hold a
A lot is at stake, not to mention so to the Presidential election than ever
hearing. This is February 2016. The
many other issues and so many other before in American history, as millions American people should have a voice.
matters that will come before the of Americans have already have al- It is a Presidential election year, they
Court. For that reason and several oth- ready cast their ballots. said, 8 months—8 months—before that
ers, I will be voting against the nomi- We are blowing up this Republican
November 2016 election was just too
nation of Judge Barrett to be on the Senate established precedent and rac-
close.
Supreme Court. ing toward a nomination that will turn And yet, here we are today, 4 years
If I have an opportunity between now the clock back, take us backwards on later, 8 days—not 8 months, 8 days—
and the vote, I will outline some other all of those pressing issues that I just from the beginning of the last day of
reasons why. But for purposes of to- outlined. But sadly, I suppose none of this Presidential election, November 3.
night, this morning, I wanted to talk us should be surprised that we are fo- Over 50 million ballots are already
about children like Abby and Sienna cused here on another judicial nomina- cast, and suddenly, there is nothing
and their moms. The moms, Erin and tion at the expense of focusing on legis- more important than rushing to fill the
Shannon, should have the peace of lation to advance and address the in- Supreme Court vacancy—not respond-
mind that has come with the protec- terests of the American people on so ing to a global pandemic.
tions of the Affordable Care Act. many front-burner pressing issues. And we just learned from a very rep-
With that, I will yield the floor. Indeed, as I reflect on the last utable Columbia University study that
The PRESIDING OFFICER (Mr. months and years, just about the only had this administration acted and fol-
CRAMER). The Senator from Maryland. thing this Republican Senate has done lowed the advice of healthcare experts,
Mr. VAN HOLLEN. Mr. President, I is pass nominations. Week after week, we could have saved at least 130,000
want to start by thanking my friend we ignore our job as legislators in favor American lives—up to 220,000 American
and colleague, the Senator from Penn- of an agenda of rubberstamping, blind- lives. But here we are, taking no more
sylvania, for talking this evening ly supporting whatever nominee this meaningful action, not giving a lifeline
about what is at stake for so many of President puts forward. In many cases, to people who are out of work, through
his constituents with this Supreme it hasn’t even mattered if a judicial no fault of their own; not closing the
Court nomination and the very real nomination is qualified, if they have digital divide so children who can’t go
possibility that the Affordable Care even tried a case. Our Republican Sen- to school because of COVID can access
Act will be struck down and what that ate colleagues have abandoned any their classes; not reforming our justice
means to so many of his constituents. principles they claim to hold with re- and policing system to make sure that
I do think this is a moment where we spect to our Judiciary Committee. everyone, no matter the color of their
need to reflect and take stock of where When President Obama was in office, skin, is protected and treated equally;
we are as a country on many fronts. We those Republican Senators who were not securing our elections against for-
are in the middle of a global pandemic. here in this Chamber erected a wall of eign attacks and interference.
We just saw the highest single day of opposition to scores of his nominees, Just a few days ago, I was right here
new reported cases on Friday. Millions refused to even consider many of them. on the Senate floor, asking this Senate
of Americans are unemployed and wor- They outright rejected President to take up what had been a bipartisan
ried about how they are going to pay Obama’s efforts to fill seats on the DC piece of legislation called the DETER
their rent and how they are going to Circuit, the court just below the Su- Act. I introduced it years ago with
pay for their medications. preme Court.
SSpencer on DSK126QN23PROD with SENATE
Senator RUBIO, after we learned of the
We are here at a time when a Repub- Republican Senators at the time Russian interference in 2016. We want-
lican-led lawsuit to strike down the Af- claimed that it wasn’t necessary to fill ed to make sure that we send a clear
fordable Care Act, supported by Presi- those vacancies. They rejected quali- message in advance of the 2020 election
dent Trump and his Department of Jus- fied nominees up and down the bench, that if we catch the Russians or any
tice, is scheduled for a fateful hearing denying simple consideration and with- other adversaries interfering in our
in the Supreme Court on November holding blue slips. It was a deliberate election, this time, there will be a swift
10—1 week after the upcoming election. effort to stonewall President Obama’s and certain price to pay.
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S6514 CONGRESSIONAL RECORD — SENATE October 25, 2020
Just earlier this past week, we got the next decade, dozens of votes in the Republicans have been a little more
not surprising news from the DNI that, House of Representatives and the Sen- successful trying to sabotage the law
yes, what we have known all along, the ate to attempt to repeal the law and through the Trump administration’s
Russians are interfering, other adver- dozens of Republican attorneys general Executive authorities by scaling back
saries are interfering, and yet we and special interests filing lawsuits to outreach for enrollment plans.
couldn’t even take up the bipartisan challenge it in the courts. They failed. What does that mean? That means
bill to send a clear message to Putin They failed in the Congress. And so far, don’t tell the public about what oppor-
and others because the Trump adminis- they have failed in the courts. tunities they have to get healthcare
tration continues to oppose it and the In the courts, in 2012, the Roberts coverage in the Affordable Care Act.
Senate Republican leader continues to Court upheld the constitutionality of We just won’t provide as much public
bury it here in U.S. Senate. the Affordable Care Act in a 5-to-4 deci- information so people won’t know
No response to global pandemic of sion in one of the very first cases that about it, and then they won’t be able to
meaningful note at this point, nothing had been filed against the law. It sign up for it; also, by ending cost-
to do on justice and policing, nothing wasn’t a complete victory for the Af- sharing in an attempt to destabilize
to secure our elections. No, the top pri- fordable Care Act. It did make Med- the healthcare exchanges and allowing
ority has been to jettison the precedent icaid expansion optional. And a number more junk health plans that don’t offer
that our Republican colleagues them- of Republican-held States refused to critical benefits or protections, the
selves established under President implement that unless and until voters kind of plans we used to see when peo-
Obama 4 years ago and rush to confirm demanded it at the ballots. But that ple thought that they had coverage,
a Supreme Court Justice. Supreme Court decision did uphold the and then, when they really needed it,
Why? Why this 180-degree turn- central tenets of the Affordable Care they suddenly discovered, no, in the
around? After all, it is not as if our Act. fine print, it just wasn’t there.
Senate Republican colleagues have al- The Supreme Court upheld the ACA But despite these efforts by the ad-
ways been so worried about an eight- again in a 6-to-3 decision in 2015. But ministration, the law has survived. All
person Supreme Court. They kept the that hasn’t stopped the Republican their efforts to slash it with 100 cuts, it
Supreme Court to eight Justices for a Party’s quest to eliminate it entirely. continues to provide affordable cov-
year—for a full year—when they re- Just look at the 2016 Republican Party erage to millions of Americans, and, in
fused to consider Merrick Garland’s platform where they continued the at- many States, including mine in Mary-
nomination. Some of our Senate Re- tack with three strategies. land, they have taken efforts to try to
publican colleagues praised the idea of First, President Trump: ‘‘With the protect the Affordable Care Act from
only having eight Justices on the Su- unanimous support of Congressional the Trump administration’s attacks.
Republicans, will sign its repeal.’’ But on November 10, when the Su-
preme Court forever if Hillary Clinton
Second, while working to legisla- preme Court hears that Affordable Care
had won the Presidency in 2016. So
tively repeal it, the President would Act case, all of that could change.
what is different this time around? use his administrative authority to un-
Well, as we have been hearing on the They could decide, after upholding it
dermine, weaken, and sabotage it. on two separate occasions, that now
floor of the Senate and from the Presi- Third, the President would appoint
dent himself, there are a number of ir- they have got another Supreme Court
Justices to reverse past decisions, in- Justice, we are going to strike it down.
resistible opportunities—at least irre- cluding the Affordable Care Act deci- And make no mistake, Donald Trump
sistible for our President and the Re- sions made by the Supreme Court. wants this law overturned. I mean, no
publican colleagues—things they have That was the three-pronged plan. one should be under any illusions about
been trying to do for years and have Well, they ran into problems with the that. You can take it from the word of
not succeeded yet in doing. first part of the plan because despite the brief—the legal brief filed by the
First, they can pack the Court—pack President Trump’s campaign promise Solicitor General of the United States
the Court with increasingly ideological to convene a special session of Con- on behalf of the Trump administration.
and rightwing Justices to align the gress to ‘‘immediately repeal and re- It is the country’s lawyer before the
very top Court—the Supreme Court— place ObamaCare very, very quickly’’— Supreme Court.
with the increasingly ideological right- despite that pledge—our Republican He filed a case and said that the en-
wing judiciary they have been creating colleagues soon realized they had no tire law ‘‘must fall.’’ The entire law
over years, first by stonewalling and replacement plan. They promised that must fall. Not one piece of it or an-
blocking President Obama’s nominees they could repeal the Affordable Care other piece, the entire law must fall.
and then fast-tracking them for Presi- Act and replace it with something That is the position of the Trump ad-
dent Trump’s nominees. much, much better and less expensive, ministration. You can listen to Presi-
Second, they can achieve another but there was no real plan. There was dent Trump back in May of this year.
goal that they have been striving for, no ‘‘there’’ there, and the idea they of- We are in the middle of a pandemic,
for a decade: overturning the Afford- fered to the American people was to when he said: ‘‘We want to terminate
able Care Act. Ten years ago—I was a trade healthcare for millions of Ameri- healthcare under ObamaCare.’’
Member of the House of Representa- cans for tax breaks for the very rich. You can listen to him just this week
tives at the time—Republicans did ev- Tens of millions of Americans would on ‘‘60 Minutes.’’ It aired tonight, and
erything—I mean, everything they have lost access to affordable he tweeted out to make sure everyone
could—to block passage of the Afford- healthcare. People with preexisting could see it just in case they missed
able Care Act to stop ObamaCare. We conditions would have lost protections, the show. President Trump said of the
heard outright lies about it. They said deductibles, and copays would have Supreme Court’s ACA case: ‘‘I hope
it was going to cause massive job loss. gotten more expensive. Insurance com- that they end it—it’ll be so good if
They said that the government would panies would have been able to get tax they end it.’’ That is President Trump.
be picking your doctor. They said a breaks on the bonuses they gave to It will be so good if they—the Supreme
government panel would decide wheth- their CEOs. That is what was in the Re- Court—end the Affordable Care Act.
er your grandparents lived or died. publican replacement plan—giving tax That has been his plan from the Su-
They called them death panels. None of breaks to companies for the bonuses preme Court from the start.
it was true. None of it has come true. they pay to their CEOs. In 2015, when he was running, he said:
The first part of the Affordable Care Not surprisingly, they couldn’t sell it ‘‘If I win the presidency, my judicial
Act was signed into law on March 23,
SSpencer on DSK126QN23PROD with SENATE
to the American people, and I think we appointments will do the right thing
2010. On that very day, House Repub- all recall here, in 2017, it dramatically unlike Bush’s appointee John Roberts
licans filed a bill to repeal it outright. failed by one vote in the U.S. Senate. on ObamaCare.’’ Candidate Trump
Also, on that same day, the first Re- Every Democratic Senator voting hasn’t changed his tune. And he has
publican lawsuits were filed against it. against destroying the Affordable Care found his nominee in Amy Coney Bar-
That two-pronged approach—trying to Act, three Republicans joining us, in- rett, who has publicly criticized past
undo it legislatively and trying to undo cluding, of course, Senator McCain giv- Supreme Court decisions on the Afford-
it through the courts—continued for ing it a big thumbs down. able Care Act. She is President
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6515
Trump’s torpedo aimed at fulfilling his pend on this crucial legislation that provides annual checkups and preventive cov-
pledge to destroy the Affordable Care necessary protection and guarantees that erage like breast cancer screenings. It
Act. they will stay covered no matter what. is also a fact that if you want to quit
She criticized the decision in NFIB v. That is what Megan wrote. your job to start a small business, you
Sebelius, saying that Chief Justice And before the Affordable Care Act, had to figure out how you would pay
Roberts’ argument ‘‘pushed the Afford- women could be charged more just be- for an expensive health plan, which
able Care Act beyond it plausible cause they were women. Being a might not provide very good coverage
meaning to save the statute.’’ She ap- woman was a preexisting condition on the individual market.
plauded the dissent in King v. Burwell, that allowed insurance companies to Another Marylander, who had a lump
saying that they had ‘‘the better of the charge more. It is also true that before in her breast that was treated as a pre-
legal argument.’’ the Affordable Care Act, if you had a existing condition even after it dis-
So it is no wonder that Republican catastrophic accident or a long-term appeared, decided she had to limit her
Senators who tried unsuccessfully to health issue, you would hit a coverage employment options to those with de-
defeat the Affordable Care Act legisla- gap and be bankrupted by millions of cent health insurance before the ACA
tively in 2017 are now rushing to ap- dollars in hospital bills. There were no was enacted. She wrote:
point her before that case is heard 1 annual caps and no lifetime caps. This experience steered me to work only
week after the election. Sometimes that meant that people for employers large enough to offer stable,
The stakes could not be higher for wouldn’t go to the hospital or see a subsidized healthcare insurance. . . . The
doctor because they didn’t want to face downside has been the golden handcuffs. It is
the American people. I want everybody important to have universal decent
to think back to the days before we unending, uncapped bills. That is what
healthcare coverage to encourage small busi-
had the Affordable Care Act. Back would have happened to another con- nesses, nonprofits, and entrepreneurs.
then, if you had a preexisting health stituent of mine, Robin, if she did not
Kathleen from Maryland decided to
condition, companies could deny you have the Affordable Care Act.
She wrote: leave an office job to find something
coverage outright. If you didn’t have that suited her better, but the job she
the coverage, you might otherwise be I am 64.
took in the restaurant industry didn’t
offered it at a price that you couldn’t So she is not yet 65, so she is not cov- offer any medical coverage. She wrote:
possibly afford—outrageously expen- ered by Medicare. I developed adult-onset asthma, more than
sive. Instead of denying it outright, we I am 64, took a tumble at home. My older once resorting to the ERs or Urgent Care. I
will offer you that coverage, but you son urged me to go to the emergency room searched everywhere I knew for medical in-
have got a preexisting health condi- due to my family health history. I was kept surance but was refused, either because I was
in the hospital due to a low thyroid level and just an individual and/or because I now had
tion, so we are going to charge you
almost non-existent potassium level among a ‘‘pre-existing condition.’’ Knowing nothing
something that you can’t possibly af- other problems. I would not have recovered if about asthma treatment, and unable to
ford and so you can’t buy it. I did not have [the] ACA. I would not have cover medical bills entirely on my own, I was
If you did have coverage and then de- health insurance and I know I could not pay chronically ill, and more than once almost
veloped a health issue, you would be a hospital bill, so I would not go to the emer- died.
locked into your current plan no mat- gency room. I would have died. [The Afford-
She had to rely on friends and family
ter how high the costs arose, unable to able Care Act] saved my life.
for help, and after 10 years without in-
shop around because of what had be- Before the Affordable Care Act, if surance, she finally found a job with
come a preexisting condition. It is you were a recent college graduate but coverage. Kathleen wrote:
called job lock. You have to stay in a you hadn’t found a job with health in- We ALL need medical coverage, ALL the
job even if you have a better oppor- surance yet, you couldn’t stay auto- time, no matter your employment status.
tunity or you want to pursue your matically on your parents’ health in- The Affordable Care Act dramati-
dreams because you now have a pre- surance policy. You were on your own, cally expanded Medicaid in many
existing health condition and you can’t out of luck, young people thinking States—those that opted to partici-
get coverage elsewhere. they are invincible until they are not. pate—providing subsidies for low-in-
One Marylander, Angela, wrote to me Insurance companies could deny cov- come Americans to find affordable
about her daughter Rachel, who was di- erage to them, and now they can’t. plans and gave small business tax cred-
agnosed with epilepsy when she was in I heard from one Marylander who its for providing health insurance for
8th grade. She had to take expensive worries about his son’s future if this their employees. It also closed the pre-
medications, which she can afford particular provision is taken away. He scription drug doughnut hole for sen-
thanks to the Affordable Care Act. wrote to me: iors on Medicare.
Here is what Rachel’s mother wrote: If the ACA is overturned and we lose the A lot of people forget, seniors on
She now has a lifetime preexisting condi- coverage for my son on my policy, this would Medicare benefited from the Affordable
tion. If she were to be kicked off her be a disaster for my son and for my family.
Care Act and continue to benefit. That
healthcare, I imagine she would be bank- . . . I would hate to see him have to drop out
of school just to find a job to cover health in- is part of the law that the Trump ad-
rupted having to pay full costs of the medi-
surance—this would destroy his future. And ministration is trying to overturn in
cations that help her be a productive mem-
ber of society. we don’t have— its entirety. These are seniors who
He continued to write— have faced a big coverage gap from the
Rachel is a teacher, and her mother
the extra $5,000 or so a year lying around initial spending threshold, and on the
Angela says: ‘‘It is because of other side of the doughnut hole, cata-
ObamaCare that she is able to be where that would be required for him to have a pol-
icy under our current provider that would strophic spending—a big doughnut
she is today.’’ hole.
cover his preexisting conditions. My son
Another constituent, Megan, wrote could be one of the millions to lose health in- In 2016, the most recent years where
to me that she turned 26 on the Thursday surance if the Republicans have their way. we have complete data, close to 5 mil-
that the Senate Republicans on the Judici-
ary Committee reported out the Barrett This provision of the Affordable Care lion seniors on Medicare received an
nomination. She turned 26 just last Thurs- Act has been lifesaving for Pamela’s average of over $1,000 in Part D pre-
day. She has asthma. She pays $60 a month family. She wrote: scription discounts because the dough-
for her medications. And here is what she This year, my 23-year-old daughter was di- nut hole was closed. Another 46 million
wrote to me: agnosed with stage 3 breast cancer. seniors are on Part D Medicare today.
If I lost my job or my insurance. . . . I Stage 3 breast cancer. If any of them all of a sudden develop
SSpencer on DSK126QN23PROD with SENATE
would have to make a choice between my Thanks to the [Affordable Care Act] she is a condition that requires high drug
medicine or paying the electric bill on time. still on our insurance. Even with our insur- costs, any of those 46 million Ameri-
And she ended her note to me with ance, she will be in debt for a very long time. cans could fall into that doughnut
the following: Without it she would be dead. I have not hole, costing them as much as $3,000
For my 26th birthday, my only wish is that heard a single Republican guarantee this will more per year.
the Affordable Care Act not be overturned. be in any bill they propose. Now, the Affordable Care Act isn’t a
There are so many people like me, Ameri- It is also a fact that before the Af- perfect law, but it did set a key stand-
cans with preexisting conditions, that de- fordable Care Act, you had to pay for ard for essential health benefits, cut
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S6516 CONGRESSIONAL RECORD — SENATE October 25, 2020
the rate of uninsured Americans, and closing the Medicare doughnut hole, to be—that will happen. And that will hap-
started improving healthcare outcomes and ending lifetime limits for care— pen automatically, in my opinion, because I
for Americans. And, right now, while ‘‘must fall.’’ All of it ‘‘must fall.’’ am putting pro-life judges on the court.
we are in the middle of the COVID–19 We know President Trump has no There it is. This would be President
pandemic, it is more important than plan to replace it. He has had plenty of Trump’s third Supreme Court nomi-
ever. time to present one. For years, he kept nee—the magic number he talked
The United States has had over 8.6 telling us: It is going to be a matter of about for overturning Roe v. Wade and
million COVID–19 cases, a number that weeks. Four years after his inaugura- a woman’s protected right to choose
we see grow by the day. For patients tion: It is going to be a matter of under the Constitution of the United
who require hospitalization, the Kaiser weeks. Two years ago: It is a matter of States. This comes on top of the more
Family Foundation reports that the weeks. Three years ago: It is a matter than 60 judges with anti-choice records
average stay can cost more than $20,000 of weeks. whom he has already nominated and
a person and rise to closer to $90,000 if He was asked about it in the last de- the Senate has confirmed to the lower
the patient requires a ventilator. bate. He said don’t worry. He is going courts.
So what would happen to those to come up with ‘‘a brand new, beau- More States are passing laws to dras-
Americans if they are once again sub- tiful health [plan].’’ tically limit or effectively ban abor-
jected to a lifetime out-of-pocket limit Women’s health, in particular, is in tion in order to set up cases to chal-
on their insurance coverage where they jeopardy with this nomination. Not lenge Roe v. Wade in the courts, to set
are not protected against huge expendi- only do women stand to lose the Af- up those cases to take to the Supreme
tures? fordable Care Act protections against Court.
We are all glad that when President discrimination—because before that, as Again, as with his intention to over-
Trump got COVID, he got world-class I said, just being a woman was a pre- turn the Affordable Care Act, President
care. It is a good thing. We are glad he existing condition that would and Trump has found the perfect nominee
got airlifted to Walter Reed in Mary- could cost you more—they will no to overturn Roe v. Wade in Judge Bar-
longer have access to the guarantee of rett.
land. It is a great national military
precancer screenings for breast cancer We don’t have to rely on the Presi-
medical facility. We are glad he had a
and other screenings. But it is also a dent’s words alone or on all the anti-
team of doctors devoted to his case. We
fact that President Trump and Repub- choice groups who have vigorously lob-
are glad he got access to cutting-edge bied for her appointment and who have
drugs. He won’t have to pay for that licans have long sought to deny them
reproductive health freedom. said that she ‘‘believes that Roe v.
coverage. Wade is something that can be re-
But that is not the kind of treatment That brings us to another longtime
priority of President Trump and Sen- versed.’’ That is what all the advocacy
every other American gets, and it is of-
ate Republicans—putting a Justice on groups supporting her nomination are
fensive for the President to relish his saying. One of our Republican Senate
the Supreme Court who will provide a
first-class treatment while denying his colleagues said he absolutely will never
majority to strike down a woman’s
fellow Americans simple protections, vote for a Justice who has not shown
right to reproductive choice in accord-
as he would, by calling for the destruc- that they believe Roe v. Wade was
ance with the Roe v. Wade decision.
tion of the Affordable Care Act. The Roe v. Wade decision was 7 to 2 wrongly decided and has told us that
Speaking of COVID–19 and the im- Judge Barrett ‘‘certainly would meet
in the Supreme Court. It was founded
pact of preexisting conditions, we are that standard.’’
on the right to privacy, that a woman’s
seeing many COVID–19 patients who healthcare choice was her own, without Just as we can see Judge Barrett’s
have long-term health effects. They interference from the State, in accord- opposition to the Affordable Care Act
call them the ‘‘long-haulers.’’ The CDC ance with the Roe v. Wade framework. in her own record, we can see her oppo-
noted last month that COVID–19 can Before Roe v. Wade, when abortion sition to Roe v. Wade in her own
have an impact on the heart, including was illegal in most States, unsafe abor- record. She signed on to an advertise-
heart damage that can lead to long- tions caused one-sixth of all preg- ment calling Roe v. Wade ‘‘an exercise
term symptoms like shortness of nancy-related deaths. Many low-in- of raw judicial power’’ that advocated
breath, chest pain, and heart palpita- come women jeopardized their lives for ending ‘‘the barbaric legacy of Roe
tions. with self-induced procedures. v. Wade.’’ That is what she said.
An article this month in the Harvard Now, women have safe options, both She signed another advertisement
Medical School Health Blog notes that to obtain abortions and also, thanks to criticizing Roe v. Wade when she was a
COVID can damage the brain, causing the Affordable Care Act, no-cost con- member of Notre Dame’s University
cognitive effects comparable to those traception that is used both to plan Faculty for Life, an anti-choice group.
who have suffered traumatic brain in- families and manage a variety of She has said that Roe v. Wade is not
jury. health conditions. Women can make settled precedent.
So while Senate Republicans have re- decisions about their own bodies, in Indeed, at her hearing in the Senate,
fused to take meaningful action to con- consultation with their doctors, that she questioned the principle that the
front the next step of COVID–19 relief, are best for their health and the well- Constitution protects certain funda-
including refusing to pass a strong being of their families. mental rights from government inter-
testing and tracing plan to halt the The vast majority of Americans sup- ference on privacy grounds, saying that
spread of the virus as proposed in the port comprehensive healthcare, includ- there is a debate about how far that
Heroes Act—both 1 and 2—from the ing a woman’s right to reproductive can go—a debate that is generally
House of Representatives, they are choice under Roe v. Wade, but there waged by those looking to overturn
pushing for a nominee to take the Af- has been a long fight chipping away at Roe v. Wade and Obergefell, the case
fordable Care Act away from the Amer- this protection, this care, with the ul- that allows for gay marriage.
ican people who have gotten sick, and timate goal of overturning Roe v. Wade She would not even concede—and
now up to 8.6 million of them have a altogether. this is very telling—she would not even
preexisting condition due to COVID–19. Overturning that case has been one concede in her hearing that the deci-
But they will no longer be protected of President Trump’s litmus tests for sion in Griswold v. Connecticut was
from that preexisting condition if the this Supreme Court nominee and his settled law. Griswold v. Connecticut is
Affordable Care Act goes away. other picks. Like the Affordable Care the case that protects access to contra-
This isn’t crying wolf. I want to re-
SSpencer on DSK126QN23PROD with SENATE
Act, it is not like he has been subtle ceptives. There was a Connecticut law
mind everybody again, the Solicitor about this. on the books that prohibited any per-
General of the United States, acting on In a Presidential debate in 2016, he son from using contraception, and the
behalf of the President of the United was asked if he wanted the Supreme Court invalidated that law in a 7-to-2
States, wrote in his brief supporting Court to overturn Roe v. Wade. He decision on the grounds that it violated
the case for the Affordable Care Act said: marital privacy.
that the entire law—the entire law, Well, if we put another two or perhaps I want our colleagues to think about
coverage for preexisting conditions, three justices on, that’s really what’s going this. This is a State law that said that
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6517
adults could not use contraception, and tencing requirements of that law would The vote is precious. It is almost sacred. It
she would not say that is settled law apply. Fortunately, the Seventh Cir- is the most powerful, non-violent tool we
under the Constitution of the United cuit ruled 9 to 3 that the First Step Act have in a democracy.
States. She would not even concede applied to the defendant. Judge Barrett That right to vote should not be rel-
that in vitro fertilization, which has was one of the three dissenting votes egated to some kind of secondary sta-
helped many women start their fami- who adopted a cramped interpretation tus, as Judge Barrett’s writings indi-
lies, was constitutional and could not of the law devoid of any mercy. cate she would do.
be made illegal. There are other cases relating to the So if you look at all the challenges
It is clear from President Trump’s rights of those who have been injured, that we face as a country—dealing with
stated intentions from the words of including a pregnant teenager who was the pandemic, dealing with issues of
anti-choice groups, the promise of our repeatedly sexually assaulted by a pris- police accountability and racial jus-
own colleagues, and from Judge on guard, where Judge Barrett found tice, dealing with climate change, deal-
Barrett’s own words that her nomina- that the prison guard could not be held ing with protecting voting rights—all
tion is the culmination of a decades- liable under his employment with the these pressing issues that we should be
long effort to overturn a woman’s right prison system. If you read through that focused on here in the U.S. Senate, we
to choose. case and the horrifying facts, I think are not. Instead, we are rushing
We also see that with respect to the you come away very troubled with the through this illegitimate process to
decision in Obergefell v. Hodges. On fact that she had such a cramped read- put a Justice on the Supreme Court
that day in 2015, the Supreme Court ing of the law. who in each of these areas—each of
showed us what it could be—a body On a question that is not a legal mat- these areas where we should be focus-
that would ensure, rather than restrict, ter but a matter of fact—climate ing on attention—is actually going to
the rights of Americans. In a 5-to-4 de- change—we would have thought that take us backward.
cision, it told LGBTQ Americans that the question that was put to her was So I urge the Senate—I can see the
the love they had for each other and quite easy. Judge Barrett admitted march that is going day after day to-
their wish to declare that love in mar- that the coronavirus was infectious. ward the vote tomorrow, but I urge
riage was their right, as it has been for Why? Because that is what the medical this Senate to reconsider the path that
straight couples for the whole history experts say. But when she was asked it is on.
of our Nation. Five years later, the about climate change—again, not a This has been a very shameful epi-
American people support this decision tricky, legal question—she refused to sode—watching the complete flip-flop
at record-high levels. But that was a 5- say what the overwhelming scientific from 2016, rushing to put on a Justice
to-4 decision, and we are now facing a consensus is—that climate change is whom the President wants and who
fundamental shift in the balance of the real. We see it, as I said, with the for- Senate Republicans, I think, believe
Court, and we have seen time and again est fires. We see it with the hurricanes. will act to overturn the Affordable
this President attack laws designed to We see it in my State of Maryland, just Care Act, take away a woman’s right
protect people against discrimination in the city of Annapolis, the home of to choose, and be part of an ideological
based on sexual orientation. the Naval Academy. We see flooding at majority that will strip away impor-
We also see this not just from the ad- our docks that is wreaking havoc on tant rights from the American people.
ministration but, again, through Judge local businesses. I will end by just pointing out that
Barrett’s own words and actions. She Time and again, when Judge Barrett public surveys right now show the
received an honorarium to teach at a was given an opportunity to answer American people are not fooled by this
program run by the Alliance Defending basic fact questions or pretty straight- process. They don’t like what they see.
Freedom, which the Southern Poverty forward legal questions in the Judici- They want us to be focused on dealing
Law Center has categorized as a hate ary Committee, she ducked them en- with COVID–19. They want us to pass a
group for its efforts to prohibit same- tirely, but we have her record to indi- robust, comprehensive emergency re-
sex marriage and recriminalize homo- cate where she stands. sponse package. That is what the
sexuality, and she called the experi- On the issue of voter protection and American people are calling for. In-
ence ‘‘a wonderful one.’’ She has re- voting rights, we also find another stead, this Senate has embarked on
ferred to sexual orientation as a ‘‘sex- troubling pattern in Judge Barrett’s this charade of a process.
ual preference,’’ which are the buzz record. This is especially important There will be a verdict on all of this
words used by those who want to over- when you think about the fact that she by the American people in a matter of
turn LGBTQ rights on the grounds that is filling the seat of Justice Ruth Bader 8 days, and I believe there will be a
this is not a question of ‘‘immutable Ginsburg, who wrote that very power- reckoning on the actions the Senate is
characteristic’’ but simply someone’s ful dissent in the 5-to-4 decision in taking and the actions the Senate has
chosen preference. Shelby v. Eric Holder that took a big refused to take in addressing the ur-
There are a number of cases coming bite out of the Voting Rights Act. gent issues that are really facing the
to the Supreme Court that deal with If you look at the statements by country.
the issue of discrimination against fos- Judge Barrett, she distinguishes be- I yield the floor.
ter families headed by same-sex cou- tween what she calls individual rights, The PRESIDING OFFICER. The Sen-
ples. One will arrive at the Court on like the Second Amendment rights, ator from Hawaii.
November 4, the day after the elec- versus what she calls a civic right, the Mr. SCHATZ. Mr. President, I am
tion—another reason you see this nom- right to vote—putting the right to vote going to give some remarks in 4 or 5
ination being rushed. in a lesser protected category than minutes. I just wanted to encourage
If you look through the issues I out- what she defines as individual rights. the staffers, especially the stenog-
lined at the start—from racial justice In fact, Judge Barrett wrote: ‘‘As a raphers, to feel comfortable to keep
and police accountability, to other right that was exercised for the benefit their distance from U.S. Senators who
questions on the ability to access of the community (like voting and jury are delivering remarks. There is no
healthcare—you will find time and service), rather than for the benefit of reason, if we have microphones on, to
again in Judge Barrett’s record telltale the individual . . . it belonged only to be anywhere near us. So I would just
signs and clear signs—flashing warning virtuous citizens.’’ encourage them to keep their distance,
signs—that she wants to turn back the ‘‘Only to virtuous citizens’’—that is especially since most Members are de-
clock. what Judge Barrett wrote about the livering remarks without masks on.
SSpencer on DSK126QN23PROD with SENATE
We see that with respect to criminal right to vote. The right to vote, as we So if there is something the staff
justice reform, where she dissented in a all know, is fundamental to our democ- could do to just encourage them to
case on whether a defendant who had racy. keep their distance, we do want them
been convicted but not yet sentenced Our dear colleague John Lewis, who to be safe.
when the First Step Act was enacted recently passed away and was nearly I will be giving remarks in a few min-
by this Congress and signed by the beaten to death for fighting for that utes.
President—as to whether the new sen- right to vote, said many times: I yield the floor.
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S6518 CONGRESSIONAL RECORD — SENATE October 25, 2020
The PRESIDING OFFICER. The Sen- Why would you even run for this job? order to hold onto political power. But
ator from Hawaii. Why would you even run for this job? she dodged these important questions
CORONAVIRUS Just go be the executive vice president and refused to defend democracy. I
Mr. SCHATZ. Mr. President, before I of the Federalist Society. If you don’t have real doubts about her ability to
talk about the Supreme Court, I want believe in the importance of the legis- serve our Nation impartially, espe-
to express my condolences to the fami- lative branch, don’t be a legislator. cially in the case of an election dis-
lies and the loved ones who have expe- We are less than 2 weeks away from pute.
rienced the human toll of the the most consequential decision, elec- There was a 4–4 decision which al-
coronavirus pandemic. tion, of our lifetimes. Almost 60 mil- lowed a lower court decision to be
Over 220,000 Americans have died, and lion Americans have already voted. upheld regarding—it is an election dis-
millions of others have been forever And there are legitimate concerns pute in Pennsylvania. I won’t get into
changed. I am going to read some of around an election dispute, and that is great detail. The litigants now, because
the names of those we have lost. The because of the President. The President it was 4–4, are going right back to the
families of these individuals have given has proposed postponing the election. Supreme Court, figuring that Amy
permission for their names to be read He has threatened to challenge the re- Coney Barrett will rule for them, in
on the Senate floor, adding them and sults if he doesn’t win. He has called it the middle of this election.
their stories to the CONGRESSIONAL rigged in advance. He has refused re- This isn’t some theoretical, wild-
RECORD: Mike Hawk, Stephen R. peatedly to commit to a peaceful eyed, internet-driven paranoia. This is
Chatman, Milan Fryscak, Santos transfer of power. happening. They went back to the Su-
Gomez, Jack Larvin, Jeanne Lanson, He has openly admitted that one of preme Court to say: How about now?
Wendy Darling-Minore, Rose the reasons that he wanted to hurry in And I would be a little surprised if they
DePetrillo, Molly Stech, Larry confirming this nominee—one of the don’t rule 5–4 on behalf of Republicans
‘‘Grouse’’ Cummings, Sarah Ann Staffa reasons he wanted to hurry in con- who want to restrict the vote.
Scholin, Elizabeth Woollett, Lorraine firming this nominee—is, in case there In moving forward with the con-
Mallek, Bob Matusevich, Javier is an election dispute, to referee which firmation, the Senate Republicans and
‘‘Chino’’ Ascencio, Joel Cruz, Michelle votes get counted. the majority leader are going against
Horne, Juan Carlos Rangel, Laura What is funny about this—not funny the precedent they set 4 years ago.
Brown, Faye Ann Barr, Yoshikage like hilarious funny but kind of weird Look, I understand. I am reasonably
Kira, Patricia Manning, Barbara John- funny—is that that is the kind of thing good at politics. I know that hypocrisy
son Hopper, Harry Conover, Stanley
that, if I said that you are just putting abounds. I understand that hypocrisy
Gray, Mary J. Wilson, Richard Gordon
this person in to referee an election abounds. I understand that, if we take
Thorp, Joe Hinton, Angela Chaddlesone
dispute, I would have expected the peo- our case to the American voter and
McCarthy, Gurpaul Singh, Paul J.
ple on the other side to say: How dare say, ‘‘They are hypocrites,’’ the Amer-
Foley Jr., Tim Mulcahy, Kelvin Lurry,
Robert Wherry, Fred Westbrook. you make that accusation? ican voters are going to shrug their
But, to the contrary, the junior Sen- shoulders and say, ‘‘You’re all hypo-
NOMINATION OF AMY CONEY BARRETT
ator from Texas actually said that is crites.’’ I get that.
Mr. President, the Senate used to be
the reason they have to hurry: We had But I am a little bit old-school in the
a body that valued bipartisanship, de-
better get her in so she can rule following way: I come from a legisla-
liberation, and compromise—a body
against counting votes—in wherever ture, and I believe your word should be
that balanced the demands for debate
with the demands for action. But that the Democrats are counting their your bond. Otherwise, this kind of
was in the past. The Senate no longer votes. That is what he said. This isn’t place won’t work.
a partisan accusation. It is literally When LINDSEY GRAHAM said, ‘‘Use my
is the body that examines, considers,
and protects our democracy. what TED CRUZ said. words against me,’’ I actually believed
The Senate I see now is ruled by par- The President of the United States him. I have worked with LINDSEY be-
tisanship and uncompromising ide- expects his nominee, Judge Barrett, to fore. I have had dinner with LINDSEY. I
ology, and in their rush to jam through be Justice Barrett tomorrow night, to sort of personally like him. That prob-
a divisive nomination days before the assist him with ensuring reelection, if ably gets me in tons of trouble politi-
election and before the American peo- necessary. These statements by the cally.
ple get a chance to have their say, the President should alarm every Member But I just guess I thought that, if I
majority leader and the Republican of this body—Democrat and Repub- am coming from the Hawaii Legisla-
Party are inflicting procedural vio- lican. But, actually, it didn’t alarm ture, where your word is your bond,
lence on the Senate itself and the certain Members. They found that to that is the most foundational rule of
American people to achieve their ideo- be a justification for hurrying. politics. I remember when I was first
logical objectives. Disturbingly, in an exchange with elected in 1998. The National Con-
In fact, many Republicans bragged the Senator from New Jersey, Judge ference of State Legislatures, this
that they had the votes to confirm the Barrett would not say that President training body for legislators, used to
President’s nominee before the nomi- Trump should commit to a peaceful issue cassette tapes about how to be an
nee was chosen. The world’s greatest transfer of power. When the Senator effective legislator.
deliberative body, with the constitu- from California asked her if the Con- And I remember this. The first tape,
tional responsibility for advice and stitution gives the President the power I would stick it in my Nissan truck,
consent and a special responsibility to to delay an election, Judge Barrett and I listened to it every day—Roz
advise and consent on the highest said that she didn’t want to give off- Baker. Your word is your bond. That is
Court in the land, decided that they the-cuff answers, even though the Con- the most important coin of the realm.
were A-OK with whatever Donald stitution does not, in fact, give the And I get that. Look, most of the
Trump decided, that their role in ad- President that power. people in this body are pretty smart.
vice and consent was to basically agree This is part of a pattern. I will take So they are going to use their ample
in advance and to abdicate their role. you through some of this stuff. Any- brains to justify their new position.
Now, we are not a parliamentary sys- time there is a live controversy—and But let’s be clear: This is the most
tem. We are a separate, coequal branch by ‘‘live controversy’’ it is, basically, rank hypocrisy I have ever seen in any-
of the government, and we are sup- anytime Donald Trump says some- thing politically, and it is one of the
thing—she is unwilling to cross him. most important things that I have ever
SSpencer on DSK126QN23PROD with SENATE
posed to have our own views. The Fed-
eralist Society is not a branch of gov- She is unwilling to cross him. seen.
ernment. Donald Trump should not run Our judges are supposed to be inde- It is not a trivial thing that you held
the U.S. Senate. Nobody outside of this pendent and unbiased interpreters of up Merrick Garland. Now, do I go
Chamber should be in charge of us, and the law. That means Judge Barrett around saying that on the cable shows
to announce that you are for a nomi- should know what the law says and and whatever? No, because I know, out-
nee, sight unseen, is an abdication of how to apply it, especially when the side of this body, nobody cares. Inside
your role. President threatens to break it in of this body, we are supposed to care
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