Congressional Record — Senate, S6518 (October 25, 2020)
Summary
Congressional Record, Senate, October 25, 2020, page S6518. Mr. SCHATZ expresses condolences to families affected by the coronavirus pandemic, says that over 220,000 Americans have died, and reads names of people who died. Mr. SCHATZ then voices concern that the Supreme Court nominee could help decide an election dispute, citing a 4–4 decision about an election dispute in Pennsylvania. Later text discusses coverage of addiction treatment, Medicaid coverage and insurance companies, and cites the Kaiser Family Foundation.
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“Congressional Record — Senate, S6518 (October 25, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-10-25-crec-2020-10-25-pt2-pgs6518-2-387f2b62e9/
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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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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6519
about stuff like that. Inside of this judges, and that is how MITCH MCCON- whole political party who preapproves
body, your word is supposed to count NELL wants it. anybody on a list without even know-
for something. It is not supposed to be It is especially egregious when so ing who is in it but also without even
about the maximal use of power in many people need so much help. This is having a hearing. We do know how she
tricking each other and tricking the a world historic event. You have 220,000 is going to rule, unfortunately.
public. people dead. You have about 1,000 peo- The reason the Federalist Society
Here is what MITCH MCCONNELL said ple dying a day. You have businesses pushed so hard for Judge Barrett is
about Merrick Garland: ‘‘The American closing forever. You have economic ex- that she is an originalist. This means
people should have a voice in the selec- tinction all over the country—red that she pledges to interpret the Con-
tion of their next Supreme Court Jus- States, blue States, rural areas, urban stitution as she determines the Fram-
tice. Therefore, this vacancy should areas, suburban areas. The highest pri- ers and the public intended at the time
not be filled.’’ ority for MITCH MCCONNELL is stacking that the Constitution was written
The Senator from South Carolina the courts. That is really the game for nearly two and a half centuries ago. To
said: them. do this, she looks at world as it existed
I want you to use my words against me. If It is important to know who Judge in 1787 and the values from that time.
there’s a Republican President in 2016 and a Barrett is. I want to be really clear— We are talking about a time when
vacancy occurs in the last year of the first she seems super pleasant. She is obvi- full citizenship was limited to White
term, you can say, ‘‘LINDSEY GRAHAM said ously incredibly accomplished aca- men, when most Black people were
let’s let the next President, whoever it might
be, make that nomination,’’ and you could
demically. None of this is personal for enslaved and considered property, when
use my words against me and you’d be abso- me. But she was groomed by this orga- women had no rights protections, being
lutely right. nization called the Federalist Society. gay was punishable by the death pen-
The Senator from Texas said: ‘‘The We need to understand who they are alty. That is what she looks to in de-
American people deserve to have a and what they do. They basically saw ciding how our country should be gov-
voice in the selection of the next Su- that they had an opportunity to start erned today.
preme Court Justice.’’ to identify and groom and place young The simple fact is, you cannot be an
It is not just my Republican col- ideologues. Those are the two key originalist and believe in full equality.
leagues who have reversed their posi- words. You have to be young, and you You cannot look only at the Framers’
tion. It is Judge Barrett herself who have to be pretty ideological, and then intent and believe in protecting the
actually warned against making you are in the Federalist Society, and rights of women, people of color, Na-
changes on the Court in an election then you can get a district court job. tive-Americans, and the LGBTQ com-
year. She said: Maybe you are going to be a prosecutor munity.
We’re talking about Justice Scalia, the first, or maybe you are going to be a The two legal views are incompat-
staunchest conservative on the Court, and district court judge, or maybe you are ible. Striving for our Nation’s founding
we’re talking about him being replaced by going to run for office. But the whole promise of true equality for all or
someone who could dramatically flip the bal- deal is, this is their farm team. equal justice under the law requires
ance of power on the Court. It’s not a lateral The Federalist Society has very spe- leaving our outdated prejudices behind.
move. cific views—socially conservative, anti- The beauty of our country is that we
You know what else isn’t a lateral LGBTQ, super anti-choice. Impor- have the capacity to improve, to
move? Ruth Bader Ginsburg for Amy tantly, they want to absolutely gut the change each generation since our
Coney Barrett. Our Democratic institu- regulatory state because where their founding has made this place better.
tions depend on the trust of the Amer- money comes from is not primarily Originalism ignores all of that.
ican people, and we cannot find that people who care about those social Precedent is the reason schools are
bond of trust if we don’t have it issues. The money comes from pol- integrated. It is why anybody can
amongst ourselves. luters. That is what is going on here. marry the person that they love. It is
It is worth mentioning here that Sen- She comes from the Federalist Soci- why 20 million more people have
ate Republicans are also choosing to ety. You know, before Trump, nobody healthcare. It is why women have the
confirm Judge Barrett instead of ad- would have ever thought to provide a right to access reproductive freedom. It
dressing the pandemic. You know, that list to the public of the potential Su- is why we have cleaner air and cleaner
is another thing that sort of sounds preme Court Justices that you would water.
hypocritical because maybe I am exag- nominate. That was unheard of. You Those principles are not written into
gerating it. But, no, that is actually are supposed to keep your powder dry the Constitution, but the progress we
true. and try to be down the middle, if you have made in statutory law and in ju-
MITCH MCCONNELL is very clear. He can. risprudence is protected over time.
didn’t want a COVID bill on the floor Obviously, a Democratic President Originalists are willing to throw those
because he is worried that it would leans left, and a Republican President things out. That is why originalism is
push this thing past the election. So it leans right, but that is why you got so dangerous in a courtroom, especially
is really clear, right? He said—I think kind of a mix of ideologies, even the Supreme Court in 2020. We should
it was in May—he didn’t feel a sense of though some of these people who, you be very wary of those who wish to take
urgency. He basically sat back and let know, after 20 years on the bench, you us back to a place where only some are
Mnuchin and PELOSI negotiate, even can’t even remember whether they free. As we struggle to perfect our
though whatever they come to will be were appointed by a Democrat or Re- Union, her nomination cements a con-
blown up here because he doesn’t have publican. But what has happened in the servative majority and puts a lot of our
the votes for hardly anything. last 10 years or so is you can definitely hard-fought progress in jeopardy.
But let’s be really clear. His priority tell who has been appointed by a Demo- The Court will hear cases that test
is judges. His priority is always judges. crat and you can definitely tell who our values and test our commitment to
It is like a joke here. We fly in. A lot has been appointed by a Republican. equality. Subscribing to originalism is
of us fly out on the weekends. When we All of these votes are turning into just another way to say that Judge
arrive, we say, What is on deck for this partyline votes in the districts and the Barrett will prioritize a handful of
week? And everyone says: Nomina- circuits and now on the Supreme elite and wealthy Americans. Just like
tions. You have a circuit judge. We Court. Nobody is really making up other jurists handpicked by the Fed-
have a district judge. We have another their own minds. She came from the eralist Society, it is all but guaranteed
SSpencer on DSK126QN23PROD with SENATE
district judge. How many is it? Oh, it is Federalist Society. Look, the Fed- that she will decide in favor of cor-
five judges this week, no legislating eralist Society doesn’t appear to be porate power and the wealthy most of
going on. doing anything illegal. They are just the time.
That has become the way this place working the system. What we need is a Justice who is
operates. We are not the world’s great- It is worth asking whether this is the committed to protecting and upholding
est deliberative body. We are just like way we want to have our Supreme the rights of every American, regard-
a little factory that approves Federal Court Justices selected. You have a less of race, religion, gender, national
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S6520 CONGRESSIONAL RECORD — SENATE October 25, 2020
origin, or sexual orientation. While dating voters is illegal. I mean, this like a promising high school basketball
Judge Barrett has been evasive in the isn’t a matter of interpreting constitu- player, like being the 12th man on the
hearings, her record is not unclear. tional law. This is Federal statute. She LA Lakers. That is how I felt. I walked
I would like to walk through her also refused to say whether she be- in, and I thought: This is the big show.
record on civil rights, LGBTQ rights, lieves voter discrimination still exists. This is the place where we solve Amer-
reproductive rights, and climate. Let’s She refused to say whether voter dis- ica’s problems.
start with civil and voting rights. crimination still exists. It is like worse I have seen the inexorable destruc-
Being named a Supreme Court Justice than I thought. Right? I am a Demo- tion of this institution because of a
is an honor. A Justice should be a de- crat. I didn’t want anybody who didn’t lack of restraint on the Republican
fender of human rights and civil rights, share Ruth Bader Ginsburg’s views to side. I actually would love it if the
and a Justice must have an unbreak- replace her. But I am alarmed. And be- blame were equally shared. It would be
able commitment to fight for what is cause of her extraordinary skill and be- easier for me because I don’t want to
right and to lead the pursuit in making cause she comported herself well in the sound like that. I don’t get anything
America more free. hearings, I don’t think people really out of that.
Judge Barrett has written that the know how dangerous this is about to I imagined these groups of people—
entire 14th Amendment is ‘‘possibly il- be. I think people are in for a rude and it wasn’t always the moderates
legitimate.’’ Yes, you heard that cor- awakening in terms of what this Court right in the middle. Nowadays, the
rectly. Judge Barrett questions the le- is about to do to roll back the clock on only people who are kind of cutting
gitimacy of the very amendment that some stuff that we pretty much think deals in the middle are the moderates.
is the cornerstone of civil rights and we already agree on: gay rights, 70 per- But back in the day, it was Teddy Ken-
equal protections in this country. cent of the public, like we have moved nedy and Orrin Hatch. It was Danny
The 14th Amendment was proposed on; reproductive choice, 70 percent of Inouye and Ted Stevens. And now there
during Reconstruction following the the public, we moved on; the Affordable is not even a desire to do big things
Civil War when the Union was deciding Care Act, after 15 years or whatever it here. There is a total lack of ambition
how to readmit Confederate States and is, 12 years of fighting about it, we to solve America’s problems here, and
restore their representation to Con- kind of moved on. Now, you have Re- there is a total lack of restraint when
gress. One of the conditions for allow- it comes to the exercise of power.
publicans making ads saying, I am
ing them to reenter was passing and So the old Senate is gone. The old
going to protect your preexisting con-
ratifying the 14th Amendment. The Senate is gone, and this body has re-
ditions.
theory that she uses to challenge its invented itself over and over and over
The American public has a consensus
validity is that the South was strong- again, and it is going to have to do it
on a number of things. I think all of
armed in the supporting it, so the again. But that old Senate where you
these people are prepared to undo that
amendment never truly earned the sup- could pour a scotch after yelling at
consensus. Here is what is so alarm-
port of the American people. each other on the floor, it is gone.
ing—maybe it was this morning or I can’t tell you the number of times
That is crazy. There is nothing in the
law to justify this position, and there maybe it was yesterday—the majority I have invited my Republican col-
never has been. The Southern Poverty leader, Leader MCCONNELL, after giv- leagues to come down to the floor and
Law Center calls this a White suprema- ing, to me, what was a weird speech— have a debate. We don’t even argue
cist myth, perpetrated by Confederate not substantively. I knew the speech he anymore. They go on FOX News. We go
sympathizers, the KKK, and other ex- was going to give, essentially blaming on MSNBC. We line up. We smash hel-
treme rightwing groups. Harry Reid for everything. Fine. I mets. They win 52 to 48.
It is unfathomable to think that any- mean, I disagree with it, but I don’t be- So what is happening in this time pe-
body in the year 2020 would be opposed grudge him a partisan speech in this riod, which is to say in the next 24
to the simple concept that every Amer- context. hours, is sort of the culmination of
ican should be treated equally under But the way he did it, he turned his Leader MCCONNELL’s philosophy about
the law. It really should disqualify back—I mean, you are supposed to ad- what this place should do, which is, we
Judge Barrett from the Supreme Court dress the Chair, right? Some of us do judges. We don’t do big things, we
seat. move around. But this was weird. He don’t even try to do big things, and we
At the same time, she has repeatedly turned his back on the Democratic side never fail to maximally use our power.
overlooked discrimination in the work- of the aisle and just stared at his cau- That is a different model for our legis-
place, concluding that separate can be cus and gave them a pep talk and lature. Frankly, it is how a lot of legis-
equal. I mean, this is basic civics. I said—I am going to paraphrase right latures work; it is just not the way this
have two teenagers. This is the stuff we now, but it was basically, The stuff we place used to work. But if that is the
learned as bedrock foundational Amer- have done over the last 4 years is going model, then Democrats are going to
ican history in civics. She is saying to be undone in legislative terms as a have to wrap their minds around what
separate can be equal. I read this opin- result of coming elections, but what we has happened because we can’t be the
ion. She said that using a racial slur in are doing on the Court will last a life- only ones showing any restraint, right,
the workplace does not necessarily cre- time. because that is just a recipe for getting
ate a hostile work environment for the I get the point that he is making be- rolled and rolled and rolled, and that is
object of that slur. cause he is just measuring his power. a recipe for entrenching minority rule.
Try to fathom a situation where But everybody should listen to what he I understand that the structure of
someone is calling someone a racial ep- is saying. He is promising that it the Senate is what it is. It is enshrined
ithet but that is not hostility in the doesn’t matter what we do over here in the Constitution, and far be it from
workplace. Her brain is big; I don’t because they are going to undo it over me to argue that small States
doubt it. But it is a pretty extraor- there. shouldn’t get two Senators. Small
dinary stretch of a pretty extraor- This man who presents himself as an States should get two Senators. Wheth-
dinary brain to try to assert that say- institutionalist is deciding that the er you have 1.5 million people or 50 mil-
ing something racist to someone in the U.S. Senate’s role is to just stack the lion people in your State, you should
workplace is not a hostile act. It is judiciary and stop legislating, and that get two Senators. I am for that. But
definitely a hostile act. Maybe I just is alarming. the way this is starting to work is that
lack the educational attainment to un- I want to make one sort of final elected representatives who collec-
point. I really worry about the Senate
SSpencer on DSK126QN23PROD with SENATE
derstand how you get so smart that tively have gathered 10 million, maybe
you lose all of your common sense and itself. 12 million, maybe by the year 2030, 30
all of your decency and all of your hu- I was so thrilled to be here. The cir- million fewer votes than the minority
manity and you forget what you cumstances of my entering the Senate party, are going to stack the judiciary
learned in 6th grade and 9th grade and were tragic, actually, because of the and entrench minority rule.
12th grade. death of my predecessor. But I am not So something has to give. Yes, I
During the hearing this week, Judge going to lie—I was being sent to the know there are elections that can re-
Barrett declined to agree that intimi- world’s greatest deliberative body. It is solve this, and sometimes when things
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6521
feel stuck, maybe they are not as stuck this pandemic, but this is unthinkable lenting campaign from the Republicans
as they feel, but the shoe is going to be that our country has been ravaged by a to try to repeal the Affordable Care
on the other foot. virus that less than a year ago no one Act.
As my good friend Claire McCaskill, had ever heard of. When I was in the House of Rep-
the former Senator from Missouri, Sometime in November or December resentatives, the call from the Repub-
says, you know, the door swings both of last year, COVID–19 started popping licans was to repeal and replace. The
ways in Washington. onto the international public health Presiding Officer will remember this
So I just think it is important for radar screen in China, and a few because I think we served together dur-
every Member of this body to under- months later, it was here in the United ing that period of time. The idea was,
stand that the door swings both ways States. Most countries were able to of course, that the Republicans didn’t
in Washington. If we are going to re- come up with a plan to control, con- like the Affordable Care Act, but they
build this institution and rebuild the tain, or essentially eliminate the acknowledged that they couldn’t get
trust that the public has in their elect- threat of COVID–19 in a matter of rid of it with nothing else to replace it.
ed representatives and the judiciary months. The United States was not, be- Now, that in and of itself was an ac-
and public leaders, then we are going cause of an abysmal failure by this ad- knowledgment of the merits of the Af-
to have to be trustworthy with each ministration. fordable Care Act. The Republicans
other. We are now living with a third wave may not have liked the details, but
I feel betrayed. One of the most of COVID. As we speak on the floor to- given the fact that they were not sup-
pleasurable aspects of working in this night, we are looking down the barrel porting repealing it but supporting re-
place when I first got here, coming of 300,000 Americans dead by the end of pealing it and replacing it with some-
from an almost entirely Democratic this year. No one is safe. There are mil- thing else, they knew the American
State, was my ability to work with Re- lions of kids who can’t go back to public would not allow for the Afford-
publicans. It was a unique professional school, businesses that have gone able Care Act to disappear and have
challenge for me. I am looking at the under, and 10 percent of our workforce nothing else to stand in its place.
Presiding Officer, and we did some that is out of work. We waited month after month and
pretty good work together, and it was This is an exceptional night because year after year for a replacement plan
a pleasure. That was fun, and that was we are living in an exceptional mo- to be offered by the Republicans. We
the way this place should work. ment, and I will talk over the course of waited month after month and year
I worry about how frayed those rela- my remarks about the President’s fail- after year. That replacement plan
tionships are, and I worry about the ure to meet the moment and to be able never arrived. The closest we came to
fact that there is this kind of principle to rescue this country from this pan- seeing a replacement plan was in the
that all is fair in love and war. These demic—in fact, his daily actions now to summer of 2017. As we were debating
guys are about to do something even actively spread the disease. There is no its repeal here in the Senate shortly
worse, so you might as well punch one who is doing more to spread after the election of Donald Trump,
them in the mouth preemptively, and COVID–19 across the country today Speaker Ryan, then still in charge of
the kind of rah-rah speeches that I be- than the President of the United the House of Representatives, pre-
lieve go on in the Republican con- States, who is holding daily super- sented a replacement.
The problem is the replacement was
ference characterizing us as promising spreader events, who is shaming indi-
worse than simple repeal. The Afford-
to do unusually aggressive things, and viduals who wear masks, and who is de-
able Care Act covers around 23 million
therefore they might as well get it over liberately trying to reduce the number
individuals, and the Congressional
with in advance. By the way, Harry of tests that are done in this country.
I also want to acknowledge that the Budget Office said that Speaker Ryan’s
Reid did X, Y, and Z, and what about
vote that we have pending, ready for replacement plan would have resulted
Robert Byrd? And they get told a story
action tomorrow, is directly connected in 24 million people losing healthcare,
about how awful we are, and then that
going backward from the status quo
justifies their breaking their bond with to the question as to whether this
ante.
us. country is going to be able to turn the
Seventy different times Republicans,
I understand that a lot of what hap- corner on COVID, because the first case either in the House or the Senate, tried
pens here is a result of polarization Amy Coney Barrett will likely hear to repeal all or part of the Affordable
across the country—I would argue after she is confirmed by this body, as Care Act. You may say: Well, that
asymmetric polarization—but people it looks like will happen tomorrow, sounds unfair. It is not fair to create an
matter, relationships matter, and trust will be a case on the Affordable Care equivalency between efforts to repeal
matters. I have never felt so clear that Act—a case that asks the Supreme all of the Affordable Care Act and ef-
we as Members have been betrayed; Court to invalidate the entirety of the forts to repeal just some of the Afford-
that the arguments that were made in ACA. able Care Act.
favor of holding up Merrick Garland It draws issue with one specific provi- OK, on 31 different occasions, Repub-
were BS, and we have a long way to go sion in the ACA, but the remedy it licans tried to repeal the entirety of
to rebuild this institution. seeks—the remedy the President of the the Affordable Care Act—31 times,
I yield the floor. United States is asking for—is the which is a lot—with no replacement
The PRESIDING OFFICER (Mrs. complete invalidation of the Affordable that would have covered everyone that
CAPITO). The Senator from Con- Care Act. That is 23 million people los- receives coverage under the Affordable
necticut. ing healthcare. That is 130 million peo- Care Act, with no meaningful effort to
Mr. MURPHY. Madam President, ple all across this country who have protect those who have preexisting
first, let me thank the Presiding Offi- preexisting conditions potentially los- conditions.
cer, the staff on the floor, and the staff ing protections that, under the ACA, My eyes were open to that. My con-
in both caucus rooms, for putting up prohibit insurance companies from stituents were watching all of that. We
with a very, very late night to take the charging them more. saw how Republicans, 31 times, tried to
floor just past 3:30 in the morning. I I have heard my Republican col- repeal the Affordable Care Act.
thank my friend Senator SCHATZ for leagues come down to this floor and go I have listened to Republicans out on
picking up about an hour and a half, on television and give press con- the campaign trail. I have watched
from 2 until 3:30, and I know that Sen- ferences in which they suggest that what Republicans have said to the
ator KAINE will be joining the floor those of us who say the Affordable Care
SSpencer on DSK126QN23PROD with SENATE
press and to their constituents. We are
shortly. Act is about to be struck down due to not blind. We know that Republicans,
This is an exceptional night because the confirmation of Amy Coney Bar- for 10 years, have been trying to repeal
we are living in exceptional times. We rett are engaging in hyperbole, that we the Affordable Care Act. We know that
are likely to see tomorrow a record are exaggerating. Well, I have been in for 10 years Republicans have not had a
number of COVID cases diagnosed in the Congress for the last 10 years, the replacement that would insure any-
this country. I know that it now feels House and the Senate. My eyes haven’t where close to the number of people in-
like the new normal 7, 8 months into been closed. I have watched an unre- sured by the Affordable Care Act or
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S6522 CONGRESSIONAL RECORD — SENATE October 25, 2020
provide protections to people with pre- ured out that they weren’t going to be undo the Affordable Care Act, they
existing conditions. able to get it done through Congress, could essentially plant a constitutional
So don’t tell us that we are that the American people weren’t landmine in the Affordable Care Act
overhyping this desire by Republicans going to let them. and attempt to get it invalidated
to take steps in this body that would So they decided to try another way. through the courts.
lead to the repeal of the Affordable Later that year, the Republican tax Now, again, let me tell you, I don’t
Care Act because that is the lion’s bill passed the U.S. Senate and the agree with the Supreme Court deci-
share of what Republicans have been House of Representatives and was sion—I think it was in 2012—that sug-
doing for the last 10 years. signed into law by the President of the gested the Affordable Care Act would
In the summer of 2017, Republicans United States, and inside that tax bill be invalid if you removed this tax pen-
mounted their last stand to get rid of was a curious provision, a provision alty. But that decision stands, the
the Affordable Care Act. They had con- that eliminated the tax penalty for in- NFIB decision, and Republicans figured
trol of the House, the Senate, and the dividuals who don’t have insurance. out that they could sabotage the Af-
Presidency. This was the moment to do That was a really important part of the fordable Care Act and run a case
it. Affordable Care Act, not a super pop- through the court system that would
In fact, most of us expected that it ular part of the Affordable Care Act. end up getting done what they had
was a foregone conclusion, having told Nobody likes putting a financial pen- been trying to do for 10 years—take in-
the American public in the runup to alty on individuals who don’t have in- surance from 23 million people and the
2016 that, If you elect us, we will repeal surance, but it was really critical to preexisting conditions protection.
the Affordable Care Act, and having protecting people with preexisting con- And that is exactly what they did.
won the House and the Senate and the ditions. That is exactly what Republicans did.
Presidency, despite, by the way, get- I won’t go into the details of it, but Twenty Republican attorneys general,
ting less votes than Democratic can- I actually sat in the Presiding Officer’s joined by a whole host of conservative
didates for the Senate and the House chair during Senator CRUZ’s filibuster political organizations, launched a
and their President having gotten less overnight, on a late night like this one. court case claiming that because of the
votes than the Democratic candidate I was probably presiding as a freshman change made in the 2017 tax bill, the
for President, by virtue of the way in Member of the Senate at about this Affordable Care Act was now, all of a
which we select representatives hour, and in that filibuster—I wouldn’t sudden, unconstitutional. It had to be
through gerrymandered districts, recommend going back and looking at struck down.
through the way in which States with it on tape, but you could—you would The case went before the district
smaller populations have greater rep- listen to Senator CRUZ explain that, in court, and a Republican-appointed
resentation in the Senate and through fact, the individual mandate and the judge ruled in favor of the Republican
the mechanism of the electoral college. tax penalty are critical to protecting attorneys general. The case then went
Despite getting less votes than Demo- people with preexisting conditions. Be- to the circuit court, and in a 2-to-1 de-
crats all across the country in 2016, Re- cause if you don’t require people to get cision, with a Trump-appointed, Sen-
publicans did take control of the insurance but you also require insur- ate-confirmed judge making the dif-
House, the Senate, and the Presidency. ance companies to rate folks who are ference, they ruled in favor of the
And those are the rules. Those are the really sick the same as they rate plaintiffs, and now that case sits before
rules. Republicans played by the rules healthy patients, the whole insurance the Supreme Court, and it is to be
in running for office in 2016. I am not system falls apart. Because if you heard by the Supreme Court in 2
begrudging the fact that they did in aren’t required to get insurance but weeks—in 2 weeks.
fact win control of all three lawmaking you are not penalized if you wait to get So now you might be starting to fig-
chambers of U.S. democracy—the Pres- insurance until you are really sick, ure out why we are here. Why are we
idency, the House, and the Senate. It then that is exactly what you will do. rushing through Amy Coney Barrett’s
was to be expected that Republicans You won’t get insurance until you are nomination in record time? You never
would repeal the Affordable Care Act in really sick. You won’t have to pay any had a Supreme Court Justice confirmed
2017. more once you have that expensive this close to the election. In my polit-
But, curiously, they could not, and cancer diagnosis, for instance. Then, ical lifetime, I have never seen a Su-
the reason they could not is pretty without any healthy people buying preme Court Justice rushed through in
simple. Democracy took hold. The peo- into the system and with only sick peo- this amount of time.
ple of this country didn’t allow this ple part of our insurance pools, the in- We have been here all weekend. It is
Congress to repeal the Affordable Care surance system collapses. 3:30 in the morning. We took a vote on
Act. They rose up in record numbers. So Republicans went into this 2017 Saturday. It is now becoming apparent
Thousands of people turned out to tax bill, and they removed the provi- why we are rushing this through.
townhalls all across the country. The sion that would provide a financial It is probably partially because Re-
phone lines here were lit up. There penalty. But it really wasn’t actually publicans are worried they are going to
were protests that spring and summer that curious. It wasn’t that difficult to lose their Senate majority in this elec-
outside this building on a near daily figure out why they were doing that. tion and the President is going to lose,
basis. It was 100 percent clear that if Republicans were doing that because, and it will be much harder to push
Republicans voted to repeal the Afford- a few years before, the Supreme Court through a nominee in a lameduck ses-
able Care Act and replaced it with had ruled that the Affordable Care Act sion. It is probably because there are
nothing or made our healthcare system was constitutional because of the exist- potentially cases to come before the
worse, as Speaker Ryan’s plan would ence of that tax penalty. It was an in- Supreme Court regarding this election,
have done, there was going to be hell to teresting decision, one that I disagree and this President wants to make sure
pay from the American electorate. with, but Justice Roberts ruled for five he has as many of his nominees
Now, it turned out that there was, of nine members that the Affordable stocked on the bench as possible if
anyway, because Americans watched Care Act could stand as constitutional there are any questions that arise be-
the attempts to repeal the Affordable because of the existence of that tax fore the Court regarding the validity of
Care Act and were just slightly less in- provision. the election.
furiated than they would have been if So you didn’t have to be a rocket sci- But I think mostly the reason that
repeal had actually gone forward. entist to figure out why Republicans we are here, rushing through Amy
SSpencer on DSK126QN23PROD with SENATE
But repeal failed. On this floor, late had inserted this provision into the tax Coney Barrett’s nomination, in the
one night in the summer of 2017, the bill—because they believed that they dead of night, in record time, 1 week
bill went down, and Republicans at had a new route, a new pathway, to in- before an election, is because the Af-
that point had figured it out. Having validate the entirety of the Affordable fordable Care Act case is up before the
tried 31 times—70 times, whatever your Care Act. Supreme Court in 2 weeks, and it is
number is—to repeal all or part of the Now, having failed to be able to get likely—in fact, almost certain—that
Affordable Care Act, Republicans fig- the elected branch of government to without Amy Coney Barrett on the
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6523
Court, that case brought by Donald licans in this Chamber didn’t pressure capacity in parts of our country, for
Trump and Republicans across the him to do so. over 20 million Americans to all of a
country will not succeed, and that only Republicans here could have begged sudden not have the ability to pay for
by rushing through Amy Coney the President, privately or publicly, to healthcare.
Barrett’s nomination 2 weeks before go to the court and ask for the portions We are in the middle of a pandemic,
this case is to be heard by the Supreme of the act that protect people with pre- but we are also in the middle of a giant
Court can Republicans finally get done existing conditions to remain, but the depression; right? I mean, 10 percent of
what they have been trying to do for 10 President didn’t do that. He sent his America is out of work. Guess how
years—repeal the Affordable Care Act lawyers to court. His lawyers will be in those individuals get health insurance
and end insurance for 23 million Ameri- Court in 2 weeks arguing that the en- when they are out of work—through
cans and strip away protections for ev- tire Affordable Care Act be struck the Affordable Care Act. People that
erybody who has a preexisting condi- down—the whole thing. lose their job, many of them get insur-
tion. So let me say it again. Don’t blame ance through the Affordable Care Act.
Now, I know my Republican friends us for watching what you do, rather They qualify for the Medicaid expan-
get really angry when they hear us sug- than what you say. Republicans say sion in the Affordable Care Act, or they
gest that their goal is to end insurance they want to protect people with pre- end up buying insurance through these
for 23 million Americans or to strip existing conditions, but then every- exchanges.
protections away from people with pre- thing they do and everything this I have story after story from my con-
existing conditions, and they will stand President does seeks to destroy those stituents in Connecticut of people who
up here and say: No, of course, that is protections. lost their jobs in the middle of a pan-
not what we want to do. We are going That is why we are here. We are here demic and were able to get health in-
to protect people with preexisting con- because Republicans have gotten them- surance because of the Affordable Care
ditions. We will find a way to insure all selves on this train that they cannot Act.
those people. stop—this effort that has been under- It is not just that you have all these
And I truly do believe that my Re- way for a decade to strip away the Af- sick people who are going to lose insur-
publican colleagues do, in a perfect fordable Care Act protections. Two ance when the Affordable Care Act is
world, want people with preexisting weeks from now, the Republicans will repealed but also all these folks who
conditions to be covered. The problem get a little bit closer to what they have are out of work and have no other way
is they have worked themselves into a been asking for, for 10 years, when this to get insurance at an affordable rate
trap that they can’t get out of and that case comes before the Supreme Court other than the Affordable Care Act.
they know they can’t get out of. and Amy Coney Barrett sits on it as Stripping it away in the middle of a
They say they want to cover people the deciding fifth vote to invalidate pandemic is just inhumane. On top of
with preexisting conditions, but they the Affordable Care Act. that are all of the people who will have
have never been able to put on the And why this matters more now and COVID as a preexisting condition.
table a plan that would do that. They why I led my remarks referencing the Wayne lives in Rocky Hill, CT.
have made this promise that they will COVID epidemic is because it is un- Rocky Hill is a small town south of
repeal the Affordable Care Act, and thinkable in ordinary times for 23 mil- Hartford. I wish his story were excep-
they have put themselves on this path lion people to lose health insurance or tional, but you have all heard these
that they can’t get off of to repeal the for folks that have a history of heart stories, my Republican and Democratic
Affordable Care Act through legisla- disease to all of a sudden not be able to friends:
tion or through the court system, such buy insurance. Thank you for your continued support of
that, even though they say they want In my State, that is about 260,000 the Affordable Care Act. Our family has ex-
people who get their insurance through tensive medical needs, and we rely on the
to protect people with preexisting con- preexisting conditions and no lifetime cap
ditions, they are acting in a way that the Affordable Care Act who would lose
coverage provisions that the ACA provides.
does the opposite. it. We are a small State, about 3.5 mil- Both of our sons have serious health issues.
So you have to forgive us when we lion. A quarter million people losing Harrison is developmentally impaired. Has a
say that you want to strip protections healthcare insurance in our State— rare genetic disorder, cerebral palsy, hearing
for people with preexisting conditions. that is a humanitarian catastrophe at loss, and a rare form of intractable Epilepsy,
Because despite the fact that you say any time, but in the middle of a pan- characterized by multiple, uncontrolled
you don’t want to do it, everything you demic, that is a nightmarish, cata- daily seizures.
are doing ends up in that result. So at clysmic dystopian future to wish for. Imagine having a son like that.
some point, we have to watch what you In the middle of a pandemic, to take Jacob, who just turned 15, has Hemophilia
do, not what you say. health insurance away from 23 million A with an Inhibitor. If you are unfamiliar
Your President had the chance to go people, to go back to the days in which with this disease, it means his body not only
lacks the protein needed to clot his blood in
to court. Well, first of all, your Presi- insurance companies could discrimi-
case of an injury, but it also rejects the typ-
dent didn’t have to go to court at all nate against you because you had a ical medicine used to treat his bleeding dis-
on behalf of the plaintiffs. In fact, 99 preexisting condition? order. This means his only alternative for
percent of the time, a President will COVID is going to be a preexisting treating his often spontaneous internal
defend the statute that is being at- condition. Let me just level with you. bleeds is a very expensive synthetic clotting
tacked, even if that President doesn’t There are 8 million people in this coun- factor, which costs around $9,000 a dose.
agree with the statute. That is gen- try who know that they have had When he has been injured in the past, he has
erally seen as the responsibility of the COVID. But, eventually, if people start to receive doses every 2 hours for the course
taking antibody tests, there will be of several days. This happened on over six
executive branch, to defend the stat-
occasions since he was first diagnosed in
utes of the United States, whether or five times that many who have a med- 2011.
not you agree with them. That doesn’t ical history that includes COVID. All
those people will have a preexisting Think about how lucky you are if
happen in every case, but that is gen-
condition, and insurance companies, if you have healthy kids. I am lucky. I
erally how it works.
In this case, not surprisingly, the the Affordable Care Act disappears, can have two young boys who are healthy.
President went to court and said: I am either decide to not insure those indi- Harrison has cerebral palsy, hearing
going to join with the plaintiffs. I am viduals or can jack up their rates. That loss, epilepsy, daily seizures. Jacob has
going to ask for the court to invalidate is on top of the 130 million people who hemophilia—medicine that costs $9,000
SSpencer on DSK126QN23PROD with SENATE
the Affordable Care Act. have other preexisting conditions. a dose.
Wayne writes:
But President Trump could have So think about both of those things
We have had to maintain double insurance
asked for only part of the act to be in- happening. Think about, in the middle coverage through both my wife’s and my em-
validated. He could have asked for the of a pandemic, when there are over ployers as well as Medicaid in Harrison’s
part of the act that protects people 1,000 people dying every day in this case. We would have easily been dropped by
with preexisting conditions to remain, country, where we are seeing reports of any number of insurance companies for ex-
but he didn’t, and, frankly, Repub- hospitals literally being filled to total ceeding both boys lifetime expense caps—
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S6524 CONGRESSIONAL RECORD — SENATE October 25, 2020
Well over 1 million each— Barrett and four other Justices decide ments. . . . I am scared to death [she writes]
and might not have been able to obtain in- to rule for President Trump on his re- to imagine what would happen if I am not
surance in the first place due to their pre- quest to invalidate the entire Afford- able to return to work and I lose my bene-
existing conditions. If these provisions were fits. While my husband does have the oppor-
able Care Act.
not made law by the ACA, there would be no tunity to get health insurance benefits
Don’t tell us that we are overhyping through his employer, if the ACA were over-
way we would have obtained or ever afforded
this threat, that we are making up this turned I might not be eligible for benefits be-
health insurance. We would not have been
able to keep our home and would likely have idea that Republicans want the Afford- cause of my multiple pre-existing conditions.
had to file for bankruptcy by now. Both boys able Care Act to disappear. It is much This could mean financial ruin for my family
together have been hospitalized on over 36 of what Republicans have been doing since I need continued follow up care even
separate occasions, with Harrison having for the last 10 years. There has been no after I finish my chemotherapy treatments.
spent almost his entire first 6 months of life viable replacement plan that protects Julie is now in this sort of classic sit-
in the NICU . . . at a cost of over $1,000 a Wayne in the way that he needs and uation in which she has a preexisting
day. Wayne’s children in the way that he condition. She is currently receiving
Remember, the ACA says insurance needs. treatment, and she is living in fear
companies can’t deny you coverage be- While no one can be guaranteed as to about what will happen to her and her
cause you have a preexisting condition. what the Supreme Court is going to do, family if all of a sudden the days of dis-
They can’t deny your family coverage Donald Trump himself told you that he crimination against people with pre-
because your child has a preexisting is only going to put people on the Su- existing conditions come back. She is
condition, but the Affordable Care Act preme Court who will invalidate the also telling the story about what hap-
also says insurance companies can’t Affordable Care Act. He criticized John pened to her earlier in life when she
cap your insurance. They can’t say: Roberts over and over again as a Re- went out and got herself reeducated to
Hey, if you have an expensive disease, publican appointee for upholding the become a teacher but had fear about
we are going to insure you for up to Affordable Care Act. He signaled to you what was going to happen to her insur-
this amount of money, and then we are that he was not going to appoint some- ance benefits because of that. That fear
going to stop paying for healthcare. one to the Supreme Court like John doesn’t exist for Americans any longer
They can’t do that on an annual basis Roberts—someone who would find a because they have access to these pri-
either. The Affordable Care Act says way to uphold the Affordable Care Act. vate healthcare exchanges when they
they can’t, as an insurance company, He told you that was John Roberts’ pri- lose their coverage, perhaps even vol-
give a dollar amount of coverage over mary sin and that he wouldn’t make untarily because they want to go get
the course of the year and then cut you that mistake again. another job. Now she is in this classic
off, because that is not really insur- He, in fact, told you once again just situation in which she has a serious,
ance, right? The whole idea of insur- a few days ago that he hoped the Su- serious illness. She talks about the fear
ance is that you pay in whether you preme Court would strike down the Af- that she has about what will happen if
are healthy or you are unhealthy, but fordable Care Act. If that is his hope, the Affordable Care Act is struck down.
you are banking money and you are then I don’t know that we can rely on
using other people’s banked money in I think that is important to recog-
the idea that he would have then coin- nize, as well, because there is a genera-
case you get really sick, in case your cidentally been picking Justices to
family member gets really sick. tion of young adults who, frankly,
serve on the Supreme Court who would don’t even remember the days in which
If your insurance plan doesn’t cover follow through on that request.
you in the case that you have kids like you could be discriminated against by
Julie is from Sandy Hook. Julie says: insurance companies because of a pre-
Harrison and Jacob, then it is not real- On March 25, 1994, I received a lifesaving
ly insurance in the traditional form of existing condition, who don’t know
kidney transplant at Hartford Hospital. At
insurance. That is why the Affordable what it is like to obsess and obsess and
the time I was working at a job that was not
Care Act said: No, listen, health insur- fulfilling, and I was trying to complete my obsess over that question. There are
ance is going to have to cover you if Master’s degree in Education to get my job folks who are 30 years old today who
you are really sick or your children are in teaching. I finished my degree, got mar- during their entire adult lives lived
really sick, and they can’t pull that ried, had two children, and got a dog. Later, under the ACA, who are having kids
I finally landed a full time teaching position now—kids who may have complicated
coverage after a certain dollar amount at Newtown, CT. I know if the law were over-
on an annual basis or a lifetime basis. medical conditions—and don’t have to
turned today, I would not have been able to worry about that child living a life in
That is why Wayne talks about the transfer to my husband’s health insurance
importance of the Affordable Care Act which they are constantly chasing in-
plan and ultimately would not have been
for his family. He says: We would have able to achieve my dream of becoming a surance. It just doesn’t happen any
had to sell our home. We likely would teacher. longer.
be bankrupt if not for the Affordable Now, that is a different story than Now that prospect has returned be-
Care Act. Wayne’s, right? It is not equally impor- cause of this case before the Supreme
He says: tant, but it is important. What Julie is Court. Now those parents are starting
If these key provisions are removed— telling you is that she had a dream to to worry. What will happen if Amy
Which seems entirely likely— become a teacher, and she needed to Coney Barrett provides the fifth vote
millions of individuals and families with take the time out of the workforce in to invalidate the Affordable Care Act
loved ones having serious illnesses will be order to pursue that dream, and she as President Trump is asking the Su-
adversely affected. needed health insurance during that preme Court to do? What will happen?
That is a kind way of explaining time. Well, what likely will happen is those
what would happen to Wayne’s family. What the Affordable Care Act has al- protections for people with preexisting
They would be adversely affected. lowed for—and this was back in 1990s conditions will be struck down, and
Wayne would lose everything if insur- that Julie is telling the story. Why she once again, parents of children with
ance companies were able to go back to is telling it is because the Affordable complicated illnesses will spend their
discriminating against people with pre- Care Act gives you the opportunity to lives worrying about how this illness
existing conditions and placing back on maintain health insurance while you will define their child’s future. Now, if
insurance plans these annual caps and are out of work or while you are you have a serious illness, it is going to
these lifetime caps. transitioning from one job to another. define your future no matter what, but
Again, the President of the United on top of the daily search for treat-
SSpencer on DSK126QN23PROD with SENATE
It provides a nimbleness, a flexibility
States had the choice to go to court in the workforce that didn’t exist with- ment and the daily search for wellness,
and ask for the entire act to be invali- out the Affordable Care Act protec- there is the worry of whether you are
dated or for specific provisions to be in- tions. going to be able to pay for that. It is a
validated. He asked for the entire act Julie goes on to write: nightmare that we don’t have to
to be invalidated, which means these In August of this year, I was diagnosed choose to endure as a nation because
provisions which protect Wayne and with B-cell Non-Hodgkin’s Lymphoma. I am right now we have a law that protects
his family will be gone if Amy Coney currently receiving chemotherapy treat- against it.
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6525
I always remember this very simple pany, they were able to provide em- people with serious mental illness to
story from a few years after the Afford- ployer-based insurance. All of that goes get their hands on guns. It is probably
able Care Act was passed. I was at a away. That cushion for entrepreneurs the most popular policy intervention in
community pool in Cheshire, CT, with will disappear if this act is invalidated. the country. I don’t know that there is
my son, who was then 4 or 5 years old. These stories go on and on and on, in- any other major piece of legislation
This young guy—maybe a few years dividuals who will have their lives ru- that we have proposed that is more
younger than I—sheepishly approached ined and changed if the Affordable Care popular than universal background
me in the pool as I was playing with Act disappears. Again, we might be checks. It gets about 90 to 95 percent of
my son. He said: Thank you. months away from that occurring— support in most polls. The majority of
I asked: For what? months away from that occurring—in non-gun owners, gun owners, NRA
He said: I want to say thank you for the middle of a pandemic, people losing members, non-NRA members—every-
the Affordable Care Act. I am here with their insurance right at the moment body—wants universal background
my son. My son has a rare heart condi- when they need it the most because of checks.
tion. I used to stay up nights worrying the costs of confronting COVID, be- It makes a difference. The States
about what his life was going to be cause of the fact that they lost their that have universal background checks
like. I still have lots of worries, but insurance because of the recession or have lower rates of gun homicides, sui-
now I have one less because of the Af- are at risk of losing insurance, like cides, and domestic violence crimes on
fordable Care Act. Now I know we are Malaine’s family is. What a nightmare. average. It is maddening to me that we
not going to go bankrupt paying for That is not my only worry, though, haven’t been able to pass universal
him. Now, more than anything else, I when I think about Amy Coney background checks here, but that is a
know his future is not going to be de- Barrett’s confirmation. Frankly, I nor political problem. That is a problem of
my constituents have had enough time political power. The gun lobby has had
pendent on whether or not he can find
to really understand the consequences much more political power. Despite the
a job that provides him healthcare ben-
fact that 90 percent of Americans want
efits. He can pursue his dream without of Amy Coney Barrett’s nomination be-
universal background checks, it is just
the constant worry of how he is going cause of how rushed this process has
a question of one side having more po-
to pay for health insurance. been. In the middle of a pandemic,
litical power than the other. That is
That sounds like a simple thing, but when it is abnormally difficult to be
changing. Witness the House of Rep-
it is not. For any parent here, the idea able to communicate with your con-
resentatives’ passage of universal
that your child can be whomever they stituents, we rushed this nomination
background checks last year. I think
want to be or at least their life won’t through, which has made it almost im-
that we will be able to pass that in the
be dictated by whether they can afford possible for people to figure out who Senate if the elections go a certain
healthcare for their expensive disease she is, what she believes, and commu- way.
that they have through no fault of nicate that in time to their Members of Yet Amy Coney Barrett has a dif-
their own, through no choice of their Congress. I have a feeling there is a ferent idea as to what the barrier
own—that is a big deal as a parent. The reason for that as well. should be to universal background
Affordable Care Act relieves much of The rush job is because Republicans checks. Amy Coney Barrett believes
that worry. That is why people are so need to get her on the Court in time for there is a constitutional prohibition
concerned about what Amy Coney the ACA case, because Republicans against preventing all felons from own-
Barrett’s nomination to the Court will want to get her on the Court in time to ing guns. Amy Coney Barrett wants to
result in. hear election disputes, because Repub- take away the choice from Congress of
Malaine from Branford says: licans want to get her on the Court be- who can own a gun and who can’t own
In 2015, my husband co-founded a Bio- fore a lameduck session makes it hard- a gun. Now, that is not hyperbole. She
technology company, which is located at the er if the election goes against Repub- will tell you that this is her belief. She
UCONN Incubator in Farmington. licans. But I have a feeling it is be- wrote it down in an opinion. She didn’t
That is exciting. That was an incu- cause they also don’t want people to serve on the appellate court for very
bator that I helped conceive as a State figure out what she stands for. long, but while she was there, a case on
legislator and then as a Congressman. One of the other areas of law in a State gun law came before her, and
She writes: which Amy Coney Barrett is likely she wrote a dissenting opinion which is
He did this because the ACA made it pos- pretty radical—certainly is radical—is a major outlier in Second Amendment
sible for our family and the company em- on the question of America’s gun laws. jurisprudence, and it contains in it
ployees to have healthcare. The company Obviously I care about this deeply. I some pretty dangerous ideas that,
now has 10 employees, all high-paying, Con- have borne witness to one of the coun-
necticut based jobs. This entrepreneurship
frankly, people haven’t had the time to
try’s worst gun homicides in Newtown, consider because of how rushed this
would absolutely, positively not have been
CT. Right now, on the streets of Hart- nomination has been.
possible without the ACA. In 2018, the com-
pany transitioned to employer healthcare. ford, CT, as in many other cities, gun In this case, the Kanter case, Amy
Now through the Trump administration’s in- violence is spiking. Coney Barrett says that this felon—I
competence in the handling of the It is not shocking. Gun violence think, in this case, it was a nonviolent
coronavirus pandemic, sales of the com- tends to attract poverty when people felon—should be able to own a weapon.
pany’s product— are desperate economically. Whether This is notwithstanding the State law
They sell to other companies that are we like it or not, they often resort to that says all felons can’t own weapons.
still closed because of coronavirus— violence, and we are in a moment of Amy Coney Barrett comes to the per-
have plummeted and so our company, like so economic desperation. You should see sonal opinion, in this case, that this in-
many, is struggling. If we lose our livelihood, the food lines at food pantries and food dividual is not dangerous. What she
we also lose the company health insurance, banks in Connecticut. It is not coinci- says is that it is not for the legislature
which means we co-founders . . . would need dental to that economic desperation to decide who is dangerous and who
to depend on the ACA’s health insurance, if that we are seeing an increase in gun isn’t. It is for the courts to decide who
it still exists. violence. is dangerous and who isn’t, and if the
Once again, this is another story Yet gun violence is made a lot easier legislature can’t prove to me, Amy
about how the ACA allows for financial in the Nation because of the ease of ac- Coney Barrett, that this person is dan-
innovation, allows for economic inno- cess to weapons. Our Nation is just gerous, then I will declare that the
vation. This is a company that was flooded with weapons and many of
SSpencer on DSK126QN23PROD with SENATE
Constitution doesn’t allow for that per-
started in Connecticut, a bio- them illegal weapons, many of them in son to own a weapon. The court now
technology company. Because the ACA the hands of felons—dangerous people becomes the trier of fact.
allowed in the early days for those en- who shouldn’t have them. This isn’t unfamiliar because this has
trepreneurs to insure themselves, their We are attempting to pass a uni- been a sort of interesting strain of ju-
families, and their early employees versal background checks bill here in risprudence among this new Federalist
through the Affordable Care Act before Congress that would make it harder for Society-vetted, conservative judicial
they had enough money in the com- felons—dangerous individuals—and crowd.
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S6526 CONGRESSIONAL RECORD — SENATE October 25, 2020
That is sort of the issue in Shelby the question of healthcare that Amy anybody over the last 2 years of
County as well. This voting rights case Coney Barrett is going to, potentially, Obama’s term in office.
comes before the Court, and the Su- fundamentally change this country. They essentially nullified that por-
preme Court essentially says: We are Whether it be her likely vote to over- tion of his Presidency—his right under
going to be the trier of fact with re- turn Roe v. Wade or the same-sex mar- the Constitution to nominate and have
spect to whether there is discrimina- riage decision or her radical, out-of- considered judges to the Federal bench.
tion in this country. We are going to the-box conception of American gun So, when Trump won and the Repub-
determine whether discrimination laws and the constitutionality of them, licans maintained control of the Sen-
against people of color exists such that her views are not in the American ate, all of a sudden, they had more va-
they need these voting protections. mainstream. cancies than ever before. They have
That traditionally would be a function Of course, that makes sense because, spent the last 2 years populating the
of the legislature to decide whether increasingly, the Republicans aren’t bench, filling those vacancies. That is
discrimination exists so that it is nec- using the legislature to try to mold their right to do so, I guess, but it is
essary to require these protections, but this country into their world view, into also part of the strategy to push a con-
in Shelby County, the Supreme Court their political view, because their con- servative political agenda through the
says: No, we will make the decision as ception of how this country should be courts rather than through the legisla-
to whether discrimination is a prob- is deeply unpopular. It is unpopular to ture. Because that agenda is so un-
lem, and if it is not, we will constitu- repeal the Affordable Care Act. It is popular, if it were pushed through the
tionally invalidate these provisions of unpopular to make it harder for the legislature, it would jeopardize the Re-
the Voting Rights Act. legislature to put into place universal publicans’ chances of reelection. This
Well, in Kanter, what Coney Barrett background checks. It is unpopular to has been an unusually activist Court,
says is that courts now will decide who allow States to criminalize abortion. It but it is likely to get more so with
is dangerous and who isn’t because I is unpopular to allow for more dark Amy Coney Barrett on the Court.
believe the Second Amendment to only money to be spent in elections. It is I want to do two more things before
allow for guns to be prohibited to indi- unpopular to provide less regulation on I yield the floor, and I know Senator
viduals who are dangerous. the pollution—oil and gas—industry. KAINE will be here shortly. I want to
The second thing she says in that So, increasingly, the Republicans spend a few more minutes on why this
case is equally as dangerous. She says don’t really try to push that agenda pandemic is so intimately intertwined
she also would require a State or the through Congress because they have into this conversation about this nomi-
Federal Government to prove that the this other way now—because the Su- nation and then finally say a word on
law is efficacious in promoting public preme Court will get all of that done. process.
safety. Now, that might not sound to The Supreme Court will eviscerate the
There are 220,000 Americans who have
you unreasonable, but that is not what civil jury to make it easier for corpora-
died, and millions of others have had
the Second Amendment says. The Sec- tions to prevail in their cases against
their lives changed forever by this pan-
ond Amendment doesn’t say anything consumers. The Supreme Court will de-
demic. The number of people who have
in there about gun laws only being con- clare that a woman’s right to a safe
been laid off is just sort of
stitutional if they can be proven to be and legal abortion is not protected by
unfathomable to think about. The
efficacious, and there is always going the Constitution. The Supreme Court
President tried a feckless travel ban in
to be a study funded by the NRA that will invalidate the Affordable Care Act.
February and March. It didn’t work. It
will tell you that, if you take guns The Supreme Court will stop legisla-
was not going to work. He, effectively,
away from people, you make a commu- tures from passing universal back-
gave up after that. He just put the
nity more dangerous. The NRA is real- ground checks.
As the Republicans’ political agenda States in charge and then refused to re-
ly good at telling you that the only
has become less aligned with that of source the States in a way that would
way to solve crime is with more guns.
So, conveniently, under Amy Coney the broad American public’s, it makes allow them to adequately and effec-
Barrett’s conception of the Second sense that the Senate has stopped leg- tively confront the virus. One example
Amendment, so long as she or others islating. It makes sense that the Sen- is the President’s refusal to stand up a
on the Court can find a plausible argu- ate has just become this confirmation national supply chain so that we have
ment that a gun law is not effective in simple machine. been in constant crisis—first, with re-
promoting public safety, it can thus be I have been here for the last 2 years. spect to masks and face shields and
ruled unconstitutional. We haven’t debated any legislation of hand sanitizer and then, throughout
There are a hundred other courts out substance here. All we have done is the crisis, with respect to tests and
there with Republican judges who have just confirm judges. I checked, and we testing equipment and cartridges.
not found the Second Amendment to have done 20 pieces of legislation. That I was visiting testing sites in Con-
say what Amy Coney Barrett says the is half as many as a normal Senate necticut just last week. I mean, we are
Second Amendment says, and for would do. Most of the bills we have in—what?—month 8 of the pandemic,
courts to, all of a sudden, micromanage passed have been—or not most of them, and still these testing sites in Con-
decisions about who is dangerous and but, as I checked, one-third of the bills necticut have no idea, from day to day,
who is not dangerous and what laws are that we have passed have been of post how many tests they are going to have.
effective and what laws are not effec- office renamings or commemorative I was visiting a hospital that is right
tive sounds to me like the kind of judi- coins, and we have passed half as many in the middle of a historic hot zone in
cial activism that many of my conserv- bills overall as we would in a normal Connecticut. I did a roundtable, and
ative friends have been warning legislative session. Legislation is just there were a bunch of people there. On
against. I think the natural con- kind of grinding to a halt here. my way out, one of the participants in
sequence of that would be to invalidate Yes, some of that is because the the roundtable kind of followed me out.
a whole host of background checks House is of a different party, and it is It happens often, as my colleagues
laws, perhaps to make it impossible— difficult to pass a law when you have know, and she wanted to have a private
indeed, likely, to make it impossible different parties in charge of the House word with me. She was the purchasing
for us to be able to expand background and the Senate, but there aren’t a lot agent for that hospital who wanted to
checks in a universal fashion as 90 per- of conference committees happening, tell me before I left exactly how night-
and there aren’t a lot of attempts to marish her life was for not knowing,
SSpencer on DSK126QN23PROD with SENATE
cent of Americans want us to do.
So, while we are certainly spending reconcile our differences. In part, this from day to day, how many tests they
most of our time talking about the is because the Senate is just con- were going to be able to do and how she
threat to Americans’ healthcare—be- firming judges—a record numbers of had to scramble every single day to fig-
cause we are in the middle of a judges because, in part, there were ure out how to get the components for
healthcare epidemic and because the record numbers of vacancies because the tests and how there was no way to
consequences are so serious—it is im- MITCH MCCONNELL and the Senate Re- plan, how there was no way to say,
portant to note that it is not only on publicans refused to confirm almost ‘‘OK, this week, I am going to go to
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6527
this site and this site to do tests,’’ be- These are just two pages of names of participate. So, over time, there have
cause I don’t know where I am getting individuals who have died due to the been different rules about how many
them from. coronavirus. votes are required for cloture or dif-
That is just one of the ways in which The numbers are, obviously, abso- ferent practices of how cloture was
this President has just fundamentally lutely overwhelming, and it is, of used, how often it was used. But always
let us down, but now it is something course, not just those who have died. It there was an idea that this place would
different. Now, the President isn’t try- is those who have lost their jobs. It is be a shared experience; minority and
ing to stop the virus. He is actively all those people who have had the ill- majority would work together.
trying to spread the virus. The Presi- ness. Eight million people have been Senator MCCONNELL has his version
dent is holding these political rallies at diagnosed with COVID. Who knows of history. I think Democrats have a
which nobody is wearing masks and what the overall number is—individ- different version of it. But I don’t
where people are standing shoulder to uals who had it who didn’t know it, think anybody can disagree that the
shoulder. He knows what he is doing. thought it was something else, or peo- changes to the way in which the Sen-
He knows that the effect of those ral- ple who were asymptomatic. But is ate operates have come faster and more
lies is going to be to spread the virus. that number 100 million? Is that num- furious during the years in which
He is shaming people who wear masks ber 50 million? It is big, and all those MITCH MCCONNELL has been majority
and is chiding the Vice President for individuals now have a preexisting con- leader than at any time before.
always wearing one. dition. All those individuals now could
He is now actively engaged in an ef- I mean, just while I have been here,
be discriminated against by an insur-
fort to test people less because he we have seen the eradication of the fili-
ance company if the Affordable Care
thinks that makes the country look buster for Supreme Court Justices. We
Act was to be invalidated, and that is
bad. He is at war with his own sci- have seen the time that we have to de-
the ask of the Supreme Court—a Su-
entists and regularly undermines his bate Justices dramatically shrunken. I
preme Court on which Amy Coney Bar-
own officials at the CDC and the NIH. think it is now down to 2 hours. We
rett will be sitting if this nomination
There is nobody who is doing more have seen the elimination of the blue
is pushed through.
today to help this virus spread than That is why these two questions—of slip—the ability for Senators from a
Donald Trump. Then, on top of that, to the Supreme Court nomination which particular State to have a say in the
rush through a nominee who may end is before us today and the question of judges that are selected to serve in
up invalidating the Affordable Care Act how we adequately confront the their State’s appellate courts.
and leaving people with no insurance in coronavirus pandemic—are connected But we also saw this exceptional
the middle of a pandemic that you are and why we talk about them together. thing happen in 2016, in which MITCH
responsible for as President, that is Finally, let me say a word about MCCONNELL, as majority leader, de-
cruelty built on top of cruelty. process. This is not the most compel- cided that he would not even consider
Some of my other colleagues have ling argument to the American people. Barack Obama’s choice for a vacancy
done this as well, and I want to do it I don’t think they really care too much in the Supreme Court, despite the fact
just so that some of these people’s about the processes by which we choose that the vacancy came about 11
names end up as part of history, as part to conduct business here in the Senate, months before the next President was
of some record other than of lonely but we do. We should. We chose to to be sworn in.
obituaries. I am just going to read into serve in this body. In retrospect, Democrats didn’t make
the RECORD the names of a handful of I have thought a lot over the course a big enough deal out of it, I think, be-
the people who have died due to of the last few weeks about the idea of cause we thought that Hillary Clinton
COVID–19 during this epidemic. I know restraint—the idea of restraint, the was going to win, and, thus, ulti-
it sounds like a futile exercise, given idea of temperance. It has been a sort mately, while it would be a dangerous
the fact that I will read 20 names and of seminal idea that humans have been precedent to live with, it might not
that 220,000 have died, but I don’t really considering for millennia—the idea of have a practical effect on the country.
know what else to do at this point to deciding not to do something that you We just couldn’t imagine in the winter
try to convince this President to stop have the ability to do, the decision to and spring of 2016 that Donald Trump
spreading the virus—to act in a respon- restrain one’s self, to not use the min- was going to be the President of the
sible way, like an adult—other than to imum powers available to you because United States.
at least put some names to the num- of the downstream consequences of
bers: Avigdor and Rachel Farin, Adam In retrospect we should have made a
your decision to operate at maximum bigger deal out of what was happening
Russo, Maurice Berger, Robert Her- power, your decision to use all of the
man, Mary Margaret Smith, Ingrid in 2016, because this idea that Repub-
facilities available to you. It is an idea licans weren’t going to even consider—
Kisliuk, Johnny G. Gonzales, Anne that humans have considered, as I said,
Martinez, Amelia Michels, Giomar even do a courtesy meeting, have a
for thousands of years. hearing on—Merrick Garland was and
Fuentes, Carmen Carlo. By the way, It is generally applied to this body. It
those last four were related—a mother, still is truly exceptional, and it fits
is generally a very important facet of
an aunt, another aunt, and a grand- into this pattern we have seen under
democracy because the Constitution
mother in law. Dr. John Marvin Brown, Senator MCCONNELL during the past
says very little about how the Senate
Sr.; Sylvia Livings; Howard Kramer; few years, this pattern of forsaking re-
will conduct business. It doesn’t micro-
Robert Patrick Perry, Jr.; Hing S. Yee; straint and using every conceivable
manage our proceedings.
Frank Small III; Steven D. Silverman, power. Or let me back that up: using
Certainly, if you read our constitu-
MD; Alexander Malcolm MacMillan, more powers available to the majority
tional history, there was a belief that
Jr.; Dean Pryor Perkins; Mary Castro; than ever before in order to effectuate
the Senate was supposed to be different
Alfonso Ye, Jr.; Michelle Lee Carter; a political agenda.
than the House of Representatives. Ob-
Jerome Mark Spector; John Robert viously, we are chosen very differently. What Republicans did in 2016 was un-
Hicken; Frederick Harris; Bill Huening; At the outset, we were given different precedented—to just say: Forget it,
Jim Sheehan; Barry Downes; Mark term lengths. The idea was that the President Obama. We are not consid-
Blum; Florence Warshawsky Harris; Senate was supposed to be able to look ering your choice for the Supreme
Kenneth Glover; Terrence Neil Thomp- out for the long-term health of the Court because you are a Democrat and
son, Jr.; Gordon Pickering; Robert M. country in a way that was different we are Republicans.
SSpencer on DSK126QN23PROD with SENATE
Flanders; Carlos Llamas; Juan Gilbert from the House of Representatives, Now, at the time, as we remember,
‘‘Tito’’ Dominguez; Sarah Ann Staffa given their requirement to answer to Republicans said that it wasn’t polit-
Scholin; Anne Morreale; Roberta M. the people every 2 years. ical. It was because there was an im-
Pepitone; Barbara Ross; Jacqueline So, over time, there was this under- portant rule they were enforcing—this
Hoover; Kerman Hain; Mario Mendoza; standing that the Senate would have, rule that you couldn’t consider a Presi-
John Pizzetti; and William Charles Ed- at its foundation, some concept of fair- dential nominee to the Supreme Court
ward Prince. ness, some ability for the minority to in the last year of his or her term.
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S6528 CONGRESSIONAL RECORD — SENATE October 25, 2020
Now, I didn’t hear my colleagues say dent’s term, at least with respect to And it is not just the Republican ma-
at the time that the rule was only ap- that core function of appointing Jus- jority that has done this. So has the
plied when the President and the Sen- tices. And what is wild was that you executive branch. I listened to the Pre-
ate were of different parties. In fact, I didn’t have to go to the lengths that siding Officer give his maiden speech
heard many of my Republican col- you did. Republicans could have voted on this floor about the overuse of Exec-
leagues, including the chairman of the Merrick Garland down and, at least, utive power, and there were legitimate
Judiciary Committee, say that the rule have recognized the legitimacy of the complaints about ways in which the
was simply that, in the last year of a nomination—voted Merrick Garland Obama administration had used max-
President’s term, you don’t consider a down and perhaps forcing a conversa- imum Executive power when the legis-
Supreme Court Justice. Famously, tion about another nominee that might lature would not act.
Senator GRAHAM said: Write down my be more amenable to the Republican But, again, it doesn’t compare with
words. Hold them against me. majority. That wouldn’t be the first the ways in which this President has
And, at the time, we all knew that time that that has occurred. used maximum Executive power in the
Republicans probably weren’t telling One of the statues here in the U.S. absence of authorization from Con-
the truth. We knew that it was prob- Congress is of Oliver Ellsworth from gress. Both in the executive branch and
ably just because it was President Connecticut, who was elevated to the in the legislative branch, under Repub-
Obama and they did not want Justice Supreme Court because George Wash- licans, restraint as a practice inside de-
Scalia, a conservative Justice, to be re- ington believed his first pick couldn’t mocracy is disappearing. Maximum
placed by someone who was more lib- be confirmed by the Senate. So, in- power becomes the ethos, and that is a
eral in their views. We suspected that stead, he chose one of Connecticut’s danger to democracy—maybe not
this idea that they were enforcing a two U.S. Senators, who was beloved in today, but soon enough.
rule was just a ruse to paper over what this body when it operated not far I don’t know how this body gets back
was simply a political decision not to away. And Oliver Ellsworth went to into a conversation about comity. I
give President Obama a seat on the Su- the Court because of a quiet negotia- don’t know how we get back into a con-
preme Court. tion with the Senate. versation about how we govern to-
Well, now we know it was a ruse be- Republicans, under MITCH MCCON- gether.
NELL, didn’t even engage in a process I have, frankly, voted for more of
cause, all of a sudden, when presented
with the exact same circumstance— with Merrick Garland. They just de- this President’s nominees to the execu-
well, in fact, a different circumstance clared that the President’s choice was tive branch, to political offices, and to
in that this vacancy occurred weeks illegitimate. And I can’t argue that the bench than almost all of my col-
they didn’t—well, I can argue they leagues, maybe, on this side of the
before the election rather than 9
didn’t have the power, but certainly aisle, maybe with the exception of a
months before the election—Repub-
there was a colorable argument that few, because I generally have believed
licans have now changed their tune be-
Republicans in the Senate could just that if the nominee is in the conserv-
cause it is just about politics. Right? It
refuse to consider Merrick Garland’s ative mainstream and if the nominee is
is just about politics. It is just about
nomination. generally qualified, they should get
getting your guys on the Supreme But now having practiced that exer- their post, especially for executive ap-
Court and stopping the other guy’s cise of maximum power, using the ma- pointments, for nominations to Sec-
folks from getting on the Supreme jority to delegitimize a President in retary positions and Undersecretary
Court. that way, you put Democrats, if they positions. I do that, in part, because I
And what MITCH MCCONNELL has said win control of the Senate, in a really think that it is important to not use
is that we are going to use any power unenviable position. Do we just unilat- maximum power and maximum lever-
at our disposal in order to effectuate erally stand down and not choose to age, for me not to vote against every
our agenda, especially when it concerns use the same tools that Republicans single nominee that the President puts
the Supreme Court. did in the majority? Would we expect, forward just because I disagree with
Restraint, which is a predicate for
if we did that, that if Republicans re- that nominee.
the effective operation of democracy, is
gain the majority, they would follow That conversation about how we re-
disappearing. And, again, I know that our lead? Or would that be wildly store some comity and some restraint
it sounds ridiculous to make this sug- naive? is an important one, but it is likely to
gestion, but there is really no logical No, in fact, I think there are now new be impossible in the next Congress be-
end to how you can maximize your rules in the Senate, and I think Repub- cause of how fundamentally broken
powers as a majority body in the U.S. licans have set them. I get it that you this body will be after what happened
Senate. There is no constitutional pro- can claim Harry Reid’s rule change as to Merrick Garland and then, on top of
hibition on the Senate majority saying the original sin that legitimizes every- it, what is happening right now.
that Members of the majority are thing that you have done since then, We are 8 days before an election. We
going to get twice as much staff as but the changes Republicans have are 8 days before an election. We are
Members of the minority. There is made have come at a dizzying pace—far jamming through Amy Coney Barrett’s
nothing stopping the majority from more changes made, far more prece- nomination in record time, not because
eliminating our speaking rights in dents shattered than anything that it is good for the country, just because
committees, on the floor of the Senate. happened when Democrats were in con- you can—just because Republicans
There are a lot of things that the ma- trol. can—and, likely, because it is really
jority can do to make it increasingly And, of course, as to Senator Reid, important to effectuate your deeply
impossible for the minority to have many of us would argue that the reason unpopular agenda through the Supreme
any role here—to be able to protest, to that that change was made was be- Court.
be able to carry out our agenda. And I cause Senator MCCONNELL doubled the We don’t legislate here anymore be-
know that there is a lot of specula- number of cloture motions that were cause Republicans have found out a
tion—much of it driven by the Repub- required in order to move legislation to way to get their agenda done through
lican majority—about what Democrats a final vote. The change in the use of the court system. Amy Coney Barrett
will do if Democrats are given control the filibuster by Republicans during will likely be the fifth vote to invali-
of the Senate. Will Democrats go to their time in the minority was what date the Affordable Care Act, a polit-
new extraordinary lengths to maximize forced that change. ical project for the Republicans for the
their power, given the extraordinary
SSpencer on DSK126QN23PROD with SENATE
But setting that aside, there is no last decade, unfulfilled through the
lengths Republicans have gone to question that changes have come much legislative branch, now achievable in
maximize their power? faster and much more furious, and it the next several months through the
That is not a conversation that is just doesn’t bode well for the future of judicial branch, but only if Amy Coney
sort of ripe enough yet, but what do our democracy when everyone uses the Barrett’s nomination is rammed
Republicans expect? I mean, what you maximum power available to them, through right now.
did in 2016 is really wild. You basically with no concern for the minority The rewriting of the Second Amend-
invalidated the last year of a Presi- party, in order to get what they want. ment is not available to Republicans
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6529
any longer in the legislative branch. cases since pandemic began.’’ Papers did jump-start serious negotiations be-
The NRA’s priority list couldn’t even all around the country carry similar tween the White House and Democratic
get a vote in the Senate with Repub- headlines. leaders, and the negotiations saw the
lican control—now available through Ten months into this crisis, there is two sides growing closer and closer.
the judicial branch if Amy Coney Bar- no national plan or strategy for dealing But there was a problem. The Senate
rett is nominated. The consequences with it. The Chief of Staff to President majority does not want a COVID relief
for the country are serious if the Trump admitted defeat yesterday, bill. We could get there, but last week
source of power in this town, the claiming that we are not going to con- the New York Times and other publica-
source of policymaking and rule set- trol the pandemic. It can be controlled tions made it plain that no deal was
ting, moves from this body across the with testing, contact tracing, isola- forthcoming. Why?
street to the Supreme Court. tion, and a commitment to mask-wear-
And not equally as dangerous to the ing, hand-washing, and social ‘‘McConnell moves to head off stim-
Nation, but still perilous, is what will distancing. That is how other nations ulus deal as Pelosi reports progress.’’
happen to this body, if all that matters are controlling the pandemic. But the ‘‘U.S. hits highest daily number of
political power, when restraint van- Trump administration is admitting cases since pandemic began.’’
ishes and whoever is in the majority surrender. ‘‘McConnell moves to head off stim-
uses every lever available to them to They now tell us that we will just
ulus deal.’’
try to get what they want, to try to have to wait for vaccines and treat-
stop the other side from getting what ments, but Americans cannot afford to This is what we should be working on
they want. wait. The economic devastation accom- right now, but the Senate majority
It is 1 week before an election. We panying this healthcare crisis is cata- abandoned their commitment to help-
are here all night, ramming through a strophic. The unemployment rate is 7.9 ing Americans through this emergency
Supreme Court nominee in record time percent, which is 65 percent higher on September 18—the day that Ruth
simply because you can. That is not a than when President Trump took of- Bader Ginsburg died. Since then, rush-
good enough reason. fice. And that number actually under- ing Judge Barrett to confirmation has
I yield the floor. states the magnitude of employment been all that matters to them—no mat-
The PRESIDING OFFICER (Mr. losses as millions have dropped out of ter that Americans deeply need COVID
SASSE). The Senator from Virginia. the labor market to care for children relief; no matter that the rush to com-
Mr. KAINE. Mr. President, I rise in or their parents or other loved ones af- plete a confirmation in 1 month from
opposition to the nomination of Judge fected by this tragedy. Women have nomination to vote is unprecedented in
Barrett to the U.S. Supreme Court. been hit disproportionately hard in modern times; no matter that the Sen-
This process shows how misplaced the this forced exodus from the job market. ate majority broke its word to their
priorities of the Senate are at a critical President Trump’s job losses are now colleagues and the American public
moment in time. the worst of any American President that a Supreme Court vacancy occur-
There is an epic national crisis that on record. Yet the Senate is doing ring in a Presidential election year
we should be addressing—a pandemic nothing. would not be filled until after the elec-
that is raging and causing unprece- The largest public health crisis in 100 tion to ‘‘let the people decide’’; no mat-
dented death and economic distress at years, the most significant economic ter that the rushed nomination jeop-
a massive scale. Yet the Senate has collapse since the Great Depression, ardized the health of attendees at the
been sitting on its hands since late and the Senate has done nothing to President’s superspreading White
April when we passed our fourth and provide Americans relief for 6 months. House announcement and even staff
final piece of COVID legislation then, This is inexcusable. and Members of this Senate.
reinfusing dollars into the small busi- The House acted by passing the He- My question is, Why? Why rush this
ness protection program. The death roes Act in May. I knew that the Sen- nomination, ignoring Senate precedent
toll in the United States was approach- ate majority would not simply embrace to do so, breaking your own word to do
ing 63,000. We have done nothing since, a Democratic bill from the House, but so, violating health protocols to do so,
and the death toll is now approaching I believed they would do something. rather than spending our time pro-
230,000. But the Senate majority would not viding comfort to families who are
Here are a few of the many Ameri- even surface a proposal until the very hurting and businesses that are strug-
cans we tragically lost to COVID–19: end of July, just days before many gling and closing? There could be no
Benigno Hurtado-Andrade, Amalia CARES Act benefits expired and the good answer to this question, but the
Pasqua, James Shanley, Verna and Senate went into a month-long recess. actual answer is particularly heartless.
Clarence Cuyler, Betty Damato, Keith It was not until mid-September that The effort to rush the Barrett nomina-
Mitchell Jacobs, Ward H. Harlow, Jr., the Senate GOP finally brought up a tion is driven by the Republican desire
Kyong He Park, James Norton, Char- vote on what we all called a skinny to destroy the Affordable Care Act.
lotte Marie Sims, Guus Smeets, bill—one-seventh the size of the House That has been the goal for 10 years. I
Charles Krebbs, Dr. Gaye Griffin-Sny- proposal and dramatically less than have seen it here on the floor virtually
der, Hugh Freyer, Marcel Borg, Nancy what even the White House said was every day during the time I have been
Standage Borbon, Albert Garcia, Helen necessary to deal with the crisis. That in the Senate since January of 2013.
Flores, Dean Pryor Perkins, Darrell bill contained no rent assistance as
William Jones, Paul Abramson, Ever- millions face eviction, no mortgage as- The Republican majority—particu-
ett Pike, Grant D. Ross, Isabelle sistance as millions face default or larly during the Trump Presidency—
Papadimitriou, James Hughston, Jose foreclosure, no food assistance as mil- has done everything they can in Con-
Antoniao Reyes, William D. Shilling, lions face hunger, and no aid for State gress, in administrative sabotage, and
Jr., Ronnie ‘‘Bro’’ Baldwin, Larry Sing- and local governments, whose falling in the courts to destroy the ACA and
er, Leone (Kitty) Harriman, Sarah revenues jeopardize their ability to em- take healthcare away from tens of mil-
Roth, Sara Rose Varela, Kenneth E. ploy so many of the health and public lions of Americans. Congressional Re-
Zwick, Sr., Pik Chi Chan, Melinda safety workers who we know to be es- publicans even engineered a complete
‘‘Nina’’ Wernick, Roger Diethelm, Alan sential right now. shutdown of the American Government
Zundl, Irvin Umberger, Dr. Kirk Democrats opposed the skinny bill in in October of 2013 to try to achieve
Barnett, Danielita Brown, Jose San- the hopes that rejecting a partisan pro- their goal, but they failed.
SSpencer on DSK126QN23PROD with SENATE
chez. posal would lead to a bipartisan break- More States, even Republican States,
The number of new coronavirus cases through. That is just what happened in have embraced the ACA. It has grown
is now reaching record peaks. The Sat- March with the CARES Act. We voted more popular every day with the Amer-
urday headline from the Washington down a paltry partisan package and ican public. But by rushing the Barrett
Post, which is the most-read daily days later found a robust bipartisan nomination, President Trump and the
newspaper in Virginia, says it all: bill to help all Americans. Our ‘‘no’’ Senate majority see one last chance. In
‘‘U.S. hits highest daily number of vote on the skinny bill in September 2 weeks, the Supreme Court will hear
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S6530 CONGRESSIONAL RECORD — SENATE October 25, 2020
the case of California v. Texas, a co- do. They sent us here to raise their monthly premiums. She was uninsured
ordinated effort by Republican attor- voices, represent their interests, and from December to March and had to ra-
neys general, the Trump Justice De- provide them with the help they need. tion her insulin, putting her life at
partment, and many in Congress to de- The American people are truly strug- risk. It was only when the pandemic
stroy the Affordable Care Act. gling, and they are calling upon us to started and she lost all of her income
The death of Justice Ginsburg on provide them with real relief during that she was able to qualify for the es-
September 18—who had often voted to this public health and economic crisis. sential plan in New York’s ACA mar-
uphold provisions of the ACA as an ap- That should be our No. 1 priority. ketplace and access her life-sustaining
propriate exercise of congressional leg- Eight million Americans have fallen medication. If the ACA is repealed,
islative power—offered a tantalizing into poverty during this pandemic, in- Allie will have nowhere to turn.
chance to select as her successor some- cluding an outsized number of people of She is not alone. My friend Kyle lives
one who has written critically of the color and children. The proportion of with Down syndrome. His father Bill
act and of the Supreme Court’s 2012 American children who sometimes do has multiple preexisting conditions.
opinion upholding the law. If she can not have enough to eat is now 14 times Right now, Bill works part time in
be rushed to the Court by November 10, higher than it was last year. Parents order to help Kyle, who needs to be
she can participate in the resolution of are now joining food lines for food with somebody 24/7. They are worried
the case. banks because they cannot feed their about cuts to Medicaid, which could af-
Getting her there quickly matters children. Cases of COVID are on the fect the job-coaching Kyle receives at
more to the Senate majority than help- rise as we head toward our third peak. the pizza parlor where he works, and
ing the millions who are suffering dur- Small businesses and their employees about the repeal of the ACA, which
ing this crisis. If they are suffering don’t see a rebound on the horizon. provides them the only care they can
now, imagine how the suffering would People are sick. They are struggling afford.
have been magnified without the and scared about the future. Rushing to seat this nominee means
ACA—millions without insurance to For months, my fellow Democrats rushing to put Allie’s life and Kyle’s
help them through the health crisis; and I have been calling for a vote on life and millions of Americans in dan-
millions of young people not able to be the relief package the House put for- ger. My colleagues are putting them all
on family policies; millions turned ward to address these concerns, and we at risk only to further a very conserv-
away from coverage because of pre- have been met with silence. Then, after ative agenda. It is extreme.
existing health conditions and now dragging their feet, Republicans put Their agenda is to seat a nominee
having COVID as an additional pre- forward a totally inadequate $500 bil- who has called Roe v. Wade ‘‘barbaric,’’
existing condition that will potentially lion package that puts the needs of big when nearly 8 in 10 Americans believe
disqualify millions more; millions fac- businesses ahead of working families. that it is a fundamental, human, and
ing termination of insurance as What is worse is that they know it has civil right for women to make deci-
COVID-related health expenses run absolutely no chance of becoming law. sions about their bodies, including
them up against lifetime coverage lim- Their only aim is to score political when or if or under what circumstances
its. points, all the while the American peo- they will have children; a nominee who
This rushed Supreme Court nomina- ple keep suffering. referred to sexual orientation as a pref-
tion not only ignores Americans’ de- The weeks we should have dedicated erence—language that is not just out-
mand for help at a time of maximum to negotiating a real relief package dated but truly harmful when two in
need, it is done in a way that will like- have instead been spent rushing three Americans believe love is love,
ly increase their suffering, with full through the confirmation of a Supreme believe in marriage equality, believe in
knowledge that is the case. Court Justice. The hypocrisy is truly the right to marry the person they
I will not play any part in an effort stunning. The same people who denied love; a nominee who refused to admit
of such calculated cruelty. This vote Merrick Garland a hearing months be- climate change is settled science and
will hurt the body, hurt the Supreme fore an election are now trying to ram not a controversial issue, when 99 per-
Court, and hurt millions of people in this process through while an election cent of scientists and 81 percent of
crisis who are struggling, and even is already happening. Millions of bal- Americans believe that humans are
dying, as the Senate ignores their lots have already been cast. Millions of drivers of global warming.
needs. Americans are already voting. Their So whose views does she represent?
Many of our Republican leaders futures are on the line. They should Certainly not those of the people who
won’t even wear masks. They refuse to have a say in this outcome. sent us here. They believe in access to
cover their noses and mouths to pro- We know why Republicans are rush- reproductive care. They believe in
tect themselves and those around ing. They are rushing because they equal rights for the LGBTQ commu-
them. But this soulless process shows know it is their last chance to impose nity. They believe in science. They be-
that they are glad to cover their eyes a very extreme conservative view on lieve that this seat should be filled by
and their ears to block out the pleas of this country. They are rushing because the next President and confirmed by
our suffering citizenry. I will oppose they see a clock ticking toward No- the next Senate. They have made it
this nomination. vember, when the Supreme Court will clear and don’t want the process of a
I yield the floor. hear arguments on whether 129 million lifetime appointment rushed.
I suggest the absence of a quorum. Americans with preexisting conditions This is the wrong judge for this seat,
The PRESIDING OFFICER. The will continue to have access to afford- and this is the wrong process for a life-
clerk will call the roll. able healthcare. They are rushing to time appointment. It is hypocritical. It
The legislative clerk proceeded to seat Judge Barrett in time for her to is dangerous. It is not what the Amer-
call the roll. rule on that case—a case that could ican people want.
Mrs. GILLIBRAND. Mr. President, I strip millions of Americans of I ask my colleagues to stop ignoring
ask unanimous consent that the order healthcare in the middle of a pan- the people who sent us here and to re-
for the quorum call be rescinded. demic, at the very moment they need member that it is our job to look out
The PRESIDING OFFICER (Mr. it the most. It is simply inhumane. for their best interests—no one else’s.
JOHNSON). Without objection, it is so The Affordable Care Act is a matter If we don’t do that, we don’t have the
ordered. of life or death. I recently spoke to a right to be here at all.
Mrs. GILLIBRAND. I rise today to New Yorker named Allie Marotta, who I also want to express my condo-
SSpencer on DSK126QN23PROD with SENATE
speak about the future of the Supreme has been living with type 1 diabetes lences to the families and loved ones
Court, the future of our country, and since 2006. Last December, she turned who have experienced the human toll
the responsibility this body has to the 26 and aged off her parents’ insurance. of the coronavirus pandemic. Over
people of our Nation. Because her work is contract-based, 220,000 Americans have died, and mil-
It seems that my Republican col- she couldn’t enroll with an employer. lions of others have been changed for-
leagues have lost sight of what the peo- She made too much to qualify for Med- ever. I am going to read some of the
ple of our States have sent us here to icaid but not enough to afford $400 names of the people we have lost. The
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October 25, 2020 CONGRESSIONAL RECORD — SENATE S6531
families of these individuals have given the Supreme Court. I am worried that Judge work for free just to have it. That is
permission for their names to be read Barrett’s statements on the Affordable Care what is on the line here.
on the Senate floor, adding them and Act mean that, if confirmed, she would vote Repealing the ACA would also mean
to overturn the ACA. Millions of Americans an end to the rules preventing insur-
their stories to the CONGRESSIONAL
with disabilities rely on the ACA to protect
RECORD: ance companies from charging women
our right to healthcare. If the ACA is over-
Mark Anthony Urquiza, Paul turned, especially during a pandemic, mil- higher premiums than men and requir-
Osterman, Frederick Harold Quinn, lions of lives could be at risk. ing them to cover essential health ben-
Richard Rosenberg, Charles Mahoney, efits for women. That means women
This is a concern I have heard over
Felix Chidinma Oruh, Margaret R. would not only have to pay more, but
and over and over and over again.
Hogan, Mahmooda Shaheen, Alan Meredith from New York City wrote it would also be harder for the more
Kaplan, William W. Boyd, Breda C. to me about Stacy Staggs, the mother than 4 million New York women who
Meadows, Jose Morales Ramirez, David are covered by private insurance to
of two young children who both have
Benfield, John A. Alexiades, Michael F. find coverage for maternity care, con-
complex medical needs and disabilities,
Hughes, Bob McDonald, Richard Proia, traception, and cost-free screenings for
who shared powerful testimony during
Rashonne Smith, Jose ‘‘Joe’’ Ramirez, breast cancer, cervical cancer, and
the Supreme Court confirmation hear-
Steve Petras, Sr., Fareeda Kadwani, bone density. It would return us to the
ings.
Jean Yettito, Abby Spitzer, Robert days when uninsured women could be
Meredith wrote:
‘‘Bobby’’ McCoskey, Jose A. Matias, denied coverage altogether if they are
When she spoke, she spoke for me. The
Erick B. Chavez, Anastasia ACA and disability rights are at stake. This
pregnant or have a health problem.
Koiveroglou, Shafqat Rasul Khan, Ly- confirmation should wait until after the
It would also put our older adults at
nette Scullen and Joan Scullen, Marue American people have chosen who should risk. Striking down the ACA would re-
Santini, Buck McKinney, Christina pick the next justice. open the prescription drug coverage
Danielo, Cal Schoenfeld, Gregg Parents across the State are also cap—the so-called doughnut hole—and
Pappadake, Sarah ‘‘Sally’’ Bielen, worried about what the Court with Jus- could leave nearly 350,000 seniors in our
Rolando Castillo, Nais Coque, David tice Barrett would mean for their chil- State paying thousands of dollars in
Tashman, Joseph LoBianco, Ramash out-of-pocket costs for the medications
dren.
Quasba, Edward Alonzo. Susan from Amherst wrote to me they need.
Thomas is one of those seniors. He
I would also like to share some con- about her daughter. She wrote:
writes:
cerns of the people of New York over My daughter is an amazing young woman—
The price for the family insurance is high
what a future without the Affordable and a lesbian—and an individual with pre-
and with our present administration will go
Care Act would look like. existing conditions. Her depression has wors-
higher and millions of Americans will not be
While my colleagues try to rush this ened because she sees what a confirmation of
able to have insurance. And this is the time
confirmation so Judge Barrett can be Amy Coney Barrett’s confirmation would
it is needed with the lack of the virus con-
seated in time to rule on a case that mean to her and many of her friends. Even
trol. Many Americans are out of work and
Pope Francis believes members of the
could cause millions of Americans to LGBTQ+ community deserve to be part of a
will never be able to get a job that paid as
lose access to their healthcare, I think much as the previous job. . . . Many Ameri-
family and should be able to participate in
it is important that we remember how cans have died because the administration
civil unions. Please help! She needs to have
that case will affect the people we are would not treat the virus when it was start-
hope! The rush to confirm Amy Coney Bar-
ing. Many homes now have less people bring-
here to serve. rett to the Supreme Court is concerning. Not
ing in money to pay bills because of this.
In New York, there are more than 8 only have Senators not had enough time to
The administration has no plan to replace
million people with preexisting condi- duly vet her, but we are in the middle of a
ObamaCare. . . . And with the second and
tions who could face higher costs, highly consequential election in which mil-
third round of virus and flu, many more may
lions have already cast their ballots. Fur-
fewer benefits, and more trouble find- die. . . . Seniors are on a fixed income and
ther, Judge Barrett’s LGBTQ rights record
ing the coverage they need if the ACA seldom get any breaks when it comes to
suggests she cannot be an impartial jurist on
is repealed. There are more than 3 mil- bills. Part D of Medicare prescriptions really
these matters. I’m deeply concerned about
lion people who could be denied cov- went up this year. At the end of the year, we
the future of rights for the LGBTQ commu-
fall in the doughnut hole and have to pay
erage altogether over preexisting con- nity.
two to three or more times for our medicine
ditions that are deemed uninsurable. These letters also send dire remind- than we were paying. And then at the begin-
There are more than 470,000 people who ers of what life was like for too many ning of the year, we must pay the deductible
have been diagnosed with COVID, each New Yorkers before the Affordable which, on the average, is 400 plus dollars. But
of whom could find themselves paying Care Act—a history we should never re- remember we are on a fixed income, so that
higher premiums for worse coverage. peat. means going without something else. Again,
My mailbox has been flooded with Jan from Ridgewood wrote: a zero-deductible plan does not cover much
letters from New Yorkers who are can- unless you pay above 70 dollars a month. Do
I am 61 years old and have been self-em- not expect the average American to have
cer survivors and parents and people ployed for most of my working life. This cir- much extra money. A lot of people live on
with disabilities who are all worried cumstance has made me a healthcare voter! Social Security alone, and the present ad-
about their families not being able to For decades I thought I was the only one ministration wants to stop that income.
access the care that they need. Work- complaining about impossibly high health
care costs. The cheapest plan that I could The American people do not want to
ing to take away their care, especially lose their healthcare, not in the middle
in the middle of a pandemic, is inhu- find had a monthly premium of $692. For me
as an individual, with my husband—[who of a pandemic, not ever, and they cer-
mane. was] also self-employed—and daughter it was tainly don’t believe we should be
Jane from West Islip wrote: about 1,250. After my divorce, I went job- prioritizing this nomination over pro-
As a cancer survivor, I am very concerned hunting for health insurance. I was willing viding them with real relief.
about healthcare and pre-existing condi- to work for free if I could be put on a health Christine from Beacon wrote:
tions. We’re facing a healthcare meltdown. insurance plan. I didn’t find any.
This next Justice could be the deciding vote I find it appalling and horrific that instead
The ACA put an end to that demeaning
that determines whether health care for tens of a humane relief bill for the people who
search. My income fluctuates, so my pre-
of millions of people, protections for pre-ex- have lost family members, jobs, homes, the
mium goes up-and-down, but it has never
isting conditions, and other provisions of the stability of their children’s shelter, food se-
been as expensive as it was before
ACA that benefit almost everyone, will stay curity and education—not to mention the so-
ObamaCare. There is ample evidence to sug-
or go. Judge Barrett’s documented hostility cial cost of interrupting normal childhood
gest that Judge Barrett would overturn the
social development and just the terrible grief
SSpencer on DSK126QN23PROD with SENATE
towards the ACA disqualifies her from a life- Affordable Care Act. Confirming such a jus-
time appointment to the Supreme Court. A and fear [people are dealing with] . . . that
tice during what is perhaps the worst public
vote for Judge Barrett is a vote to end instead of working on a relief bill, we have
health crisis in American history, and while
healthcare. Oppose her nomination. another judge infuriatingly and unfairly
the Senate refuses to act to address the
jammed in to the court. The Supreme Court!
Jane is not alone in her concerns. coronavirus economic and health crisis, is
My god . . . the lack of respect and audacity
Candice from Brooklyn wrote: unconscionable.
of beginning this process. There is wrong and
I am writing to urge you to oppose the Let me say that again: Healthcare is right. And to quote a great patriot: ‘‘This is
nomination of Judge Amy Coney Barrett to so important that she was willing to America. And here, right matters.’’
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S6532 CONGRESSIONAL RECORD — SENATE October 25, 2020
Christine is right. Doing the right who rely on the law for health insur- 21 MILLION
thing for the American people matters. ance. Its many provisions touch the PEOPLE WHO COULD LOSE THEIR HEALTH
It is actually our job. New Yorkers and lives of most Americans, from nursing INSURANCE
people across this country who have mothers to people who eat at chain res- Of the 23 million people who either
lost their jobs and their employer- taurants. buy health insurance through the mar-
based healthcare are calling on the Here are some potential con- ketplaces set up by the law (roughly 11
Senate to provide them with the relief sequences, based on estimates by var- million) or receive coverage through
they need to survive this health and ious groups. the expansion of Medicaid (12 million),
economic crisis. 133 MILLION about 21 million are at serious risk of
Instead, the Republicans are pouring AMERICANS WITH PROTECTED PRE-EXISTING becoming uninsured if Obamacare is
salt in their wounds by rushing this CONDITIONS struck down. That includes more than
process in order to eliminate the Med- As many as 133 million Americans— nine million who receive federal sub-
icaid expansions and marketplaces roughly half the population under the sidies.
these newly jobless Americans have age of 65—have pre-existing medical On average, the subsidies cover $492
turned to for coverage. Overturning the conditions that could disqualify them of a $576 monthly premium this year,
ACA would immediately end the Med- from buying a health insurance policy according to a report from the Depart-
icaid coverage nearly 1.9 million bene- or cause them to pay significantly ment of Health and Human Services. If
ficiaries in New York are relying on. higher premiums if the health law were the marketplaces and subsidies go
These stories I have shared represent overturned, according to a government away, a comprehensive health plan
the fears and concerns of the people analysis done in 2017. An existing med- would become unaffordable for most of
who sent us here to represent them. ical condition includes such common those people and many of them would
They are people with debilitating ill- ailments as high blood pressure or become uninsured.
nesses, parents who are worried about asthma, any of which could require States could not possibly replace the
sick children, adults who are worried those buying insurance on their own to full amount of federal subsidies with
about elderly parents, and young men pay much more for a policy, if they state funds.
and women who live with conditions could get one at all. 12 MILLION
like diabetes and are already strug- The coronavirus, which has infected ADULTS WHO COULD LOSE MEDICAID COVERAGE
gling to find insurance that will help nearly seven million Americans to date
Medicaid, the government insurance
them access the insulin they need. and may have long-term health impli-
program for the poor that is jointly
They are struggling, and it is our job cations for many of those who become
funded by the federal government and
to get them the help they need. The ill, could also become one of the many
the states, has been the workhorse of
American people oppose this nomina- medical histories that would make it
Obamacare. If the health law were
tion. They are watching, and one way challenging for someone to find insur-
struck down, more than 12 million low-
or another, they will be heard. ance.
I would like to read from an article Under the A.C.A., no one can be de- income adults who have gained Med-
in the New York Times by Reed nied coverage under any circumstance, icaid coverage through the law’s expan-
Abelson and Abby Goodnough, entitled: and insurance companies cannot retro- sion of the program could lose it.
‘‘If the Supreme Court Ends actively cancel a policy unless they In all, according to the Urban Insti-
ObamaCare, Here’s What It Would find evidence of fraud. The Kaiser Fam- tute, enrollment in the program would
Mean.’’ ily Foundation estimated that 54 mil- drop by more than 15 million, including
lion people have conditions serious roughly three million children who got
‘‘The Affordable Care Act touches the Medicaid or the Children’s Health In-
lives of most Americans, and its aboli- enough that insurers would outright
deny them coverage if the A.C.A. were surance Program when their parents
tion could have a significant effect on signed up for coverage.
many millions more people than those not in effect, according to an analysis
it did in 2019. Its estimates are based The law ensures that states will
who get their health coverage through never have to pay more than 10 percent
it. on the guidelines insurers had in place
about whom to cover before the law of costs for their expanded Medicaid
What would happen if the Supreme
was enacted. population; few if any states would be
Court struck down the Affordable Care
Most Americans would still be able able to pick up the remaining 90 per-
Act?
The fate of the sprawling, decade-old to get coverage under a plan provided cent to keep their programs going.
health law known as Obamacare was by an employer or under a federal pro- Over all, the federal government’s tab
already in question, with the high gram, as they did before the law was was $66 billion last year, according to
court expected to hear arguments a passed, but protections for pre-existing the Congressional Budget Office.
week after the presidential election in conditions are particularly important Losing free health insurance would,
the latest case seeking to overturn it. during an economic downturn or to of course, also mean worse access to
But now, the death of Justice Ruth those who want to start their own busi- care and, quite possibly, worse health
Bader Ginsburg increases the possi- nesses or retire early. Before the for the millions who would be affected.
bility that the court could abolish it, A.C.A., employers would sometimes Among other things, studies have
even as millions of people are losing refuse to cover certain conditions. If found that Medicaid expansion has led
job-based health coverage during the the law went away, companies would to better access to preventive
coronavirus pandemic. have to decide if they would drop any screenings, medications and mental
A federal judge in Texas invalidated of the conditions they are now required health services.
the entire law in 2018. The Trump ad- to cover. 800,000
ministration, which had initially sup- The need to protect people with ex- PEOPLE WITH OPIOID ADDICTION GETTING
ported eliminating only some parts of isting medical conditions from dis- TREATMENT THROUGH MEDICAID
the law, then changed its position and crimination by insurers was a central The health law took effect just as the
agreed with the judge’s ruling. Earlier theme in the 2018 midterm elections, opioid epidemic was spreading to all
this year the Supreme Court agreed to and Democrats attributed much of corners of the country, and health offi-
take the case. their success in reclaiming control of cials in many states say that one of its
Mr. Trump has vowed to replace Jus- the House of Representatives to voters’ biggest benefits has been providing ac-
tice Ginsburg, a stalwart defender of desire to safeguard those protections. cess to addiction treatment. It requires
SSpencer on DSK126QN23PROD with SENATE
the law, before the election. If he is Mr. Trump and many Republicans insurance companies to cover sub-
successful in placing a sixth conserv- promise to keep this provision of the stance abuse treatment, and they could
ative on the court, its new composition law, but have not said how they would stop if the law were struck down.
could provide the necessary five votes do that. Before the law, some individ- The biggest group able to get access
to uphold the Texas decision. uals were sent to high-risk pools oper- to addiction treatment under the law is
Many millions more people would be ated by states, but even that coverage adults who have gained Medicaid cov-
affected by such a ruling than those was often inadequate. erage. The Kaiser Family Foundation
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