Filibuster (Cong. Rec., March 23, 2021)

Summary

A page of the Congressional Record, Senate, dated March 23, 2021, at page S1682, headed Filibuster. Mr. McConnell argues for keeping the legislative filibuster, saying that 33 Democratic colleagues once signed a joint letter insisting that rules protecting debate be preserved and quoting then-Senator Biden calling the killing of the filibuster an example of the arrogance of power. Under Violence Against Asian Americans, Mr. Schumer speaks about the shooting in Colorado and the earlier shootings near Atlanta, and describes a bill by Senator Hirono on COVID-related hate crimes and a bill by Senator Durbin on domestic terrorism and violent White supremacy.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Filibuster (Cong. Rec., March 23, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-23-crec-2021-03-23-pt1-pgs1682-3-46e2274212/, SHA-256 57316f59d8659fd4dec9b1fac3b2f95796edf50ea19989b11ba5d573ec3a5559.

Full text

S1682 CONGRESSIONAL RECORD — SENATE March 23, 2021
the epidemic of gun violence in this First is a bill led by my friend Sen- tions. It has flipped back and forth
country. ator HIRONO of Hawaii, very similar to every single time the White House has
Today, our hearts are with the people the same bill introduced by our New changed parties since the 1980s. Repub-
of Colorado and with everyone whose York Congress Member, GRACE MENG, lican Presidents issue the memo; the
lives have been touched by gun vio- of Queens. This legislation by Senator Democratic Presidents retract it.
lence. HIRONO will address COVID-related The legislative filibuster is what
f hate crimes against Asian Americans keeps the entirety of Federal law from
head-on. It would assign a point person working that way. For a long time,
VIOLENCE AGAINST ASIAN Senators on both sides have recognized
at the Department of Justice to expe-
AMERICANS the Senate and the country are better
dite the review of COVID–19-related
Mr. SCHUMER. Mr. President, now, hate crimes, provide support for State off with some actual stability. Both
as I mentioned, the shooting in Colo- and local law enforcement agencies to sides have understood there are no per-
rado comes only a week after another respond to hate crimes, and work on manent majorities in American poli-
tragedy in the communities outside At- solutions to the problem of racially tics, so a system that gives both sides
lanta, GA, where eight people were discriminatory language that has been a voice benefits, actually, everyone in
killed in a string of shootings, six of used to describe the pandemic. the long term.
whom were women of Asian descent. Second is a bill led by my friend Sen- That is what 33 of our Democratic
It is important to place the Atlanta ator DURBIN to counter the threat of colleagues said just a few years ago,
area shootings in context. Over the domestic terrorism and violent White when they all signed a joint letter in-
past year, there has been a rising tide supremacy. This is a bill that passed sisting that rules protecting debate on
of violence against Asian Americans the House of Representatives last year legislation be preserved.
driven by fear, misinformation, and That is what President Biden be-
on an overwhelmingly bipartisan basis.
age-old prejudices against the Asian- lieved consistently throughout his long
As far as legislation goes, it is as much
American community, from shouted in- Senate tenure. About 15 years ago,
of a no-brainer as it comes.
sults and racial slurs to outright as- then-Senator Biden said killing the fil-
Every one of us—every one of us—has
sault. ibuster would be, ‘‘an example of the
an obligation to speak out against
A 61-year-old Filipino American was arrogance of power.’’ That was Presi-
these hate crimes. One of the best anti-
slashed in the face by a box cutter on dent Biden. He restated his long-held
dotes—there are many—but one of the
the New York subway. An 84-year-old position during the campaign just last
best antidotes when hate occurs is to
Thai American in San Francisco was year.
answer it forcefully, strongly, and re- Here is what my colleague the Demo-
shoved so violently it led to his death. peatedly so that no one thinks it is ac-
And now this attack in Georgia. cratic leader said in 2017. Senator
ceptable, and those who perpetrate it SCHUMER said:
Every day, Asian Americans walk are shunned and then, if they have bro-
down the streets looking over their The legislative filibuster . . . is the most
ken the law, punished. important distinction between the Senate
shoulders, wondering if they will be as- Every one of us must do this. We and the House. . . . [L]et’s find a way to fur-
saulted or even worse—even worse. must speak out. Here in the Senate, we ther protect the 60-vote rule for legislation.
The poison of racism has always ex- have more than a responsibility to just That was the Democratic leader in
isted in America, but over the past 4 speak out; we must take action. I hope 2017.
years it seems to have found new life. we will have universal support for And Democrats didn’t just spend the
There is no question that the former these pieces of legislation that I men- last 4 years supporting the filibuster;
President Donald Trump, through word tioned. they spent 4 years using it. Senate
and deed, fanned the flames of racial I yield the floor. Democrats used the filibuster to kill
bias in our country. It is not a coinci- I suggest the absence of a quorum. Senator TIM SCOTT’s police reform bill
dence that it is worse now than it has The ACTING PRESIDENT pro tem- in the wake of the deaths of George
been before. Donald Trump fanned pore. The clerk will call the roll. Floyd and Breonna Taylor.
those flames—fanned those flames, The senior assistant legislative clerk We could have had Federal legisla-
often with glee. proceeded to call the roll. tion on the books since last summer,
With respect to the Asian-American Mr. MCCONNELL. Mr. President, I putting more body cameras on police
community, specifically, the former ask unanimous consent that the order officers, requiring fuller incident re-
President encouraged rhetoric that for the quorum call be rescinded. porting to the FBI, and finally making
blamed the Chinese people for the The ACTING PRESIDENT pro tem- lynching a Federal crime, among other
coronavirus—an absolutely despicable pore. Without objection, it is so or- things. Democrats stopped it. They
notion that has led to all sorts of dered. stopped it using the filibuster.
verbal and physical assaults on Asian f A few months before, they used the
Americans. You could see him with his filibuster to briefly turn the bipartisan
chin strutted out when he called it the RECOGNITION OF THE MINORITY sprint toward the CARES Act into a
virus that he named it—you know LEADER partisan standoff. The press marveled
what—the China virus. So despicable. The ACTING PRESIDENT pro tem- that Senate Democrats had the gall to
And he did it with almost a joy. pore. The Republican leader is recog- block relief—a tactic that helped tank
Here in America, we all know that an nized. the markets—in order to demand fur-
attack against any one group is an at- f ther changes.
tack against all of us. So it is up to all Back in early 2018, Senate Democrats
of us now to stand up and speak out in FILIBUSTER used the filibuster to block government
support of the Asian-American commu- Mr. MCCONNELL. Mr. President, funding and force a brief government
nity in America. while House Democrats try to overturn shutdown over, of all things, immigra-
Over the weekend, I joined several a certified election result from last No- tion. One of the Democratic leader’s
vigils to stand with Americans of all vember, some Senate Democrats are first major acts as the leader of his
ages, races, and faiths to support the agitating to break Senate rules to ram conference was to wield the filibuster
Asian-American community. There was through a partisan rewrite of all 50 to shut down the entire Federal Gov-
a large turnout, and our Asian brothers States’ election laws—all 50 States’ ernment.
and sisters were so relieved that so election laws. So, look, the Democratic side just
many of us from the elected commu- The 60-vote threshold is the reason spent 4 years defending and, of course,

dlhill on DSK120RN23PROD with SENATE
nity were there. We should all be doing huge pillars of domestic policy don’t happily using the same Senate rule
that in every part of the country. oscillate back and forth every time a that many of our colleagues now at-
Here on the floor of the Senate this different party wins the majority. So tack. So this reversal is not about prin-
morning, I started the process to make let’s think of something like the Mex- ciple. It has nothing whatsoever to do
two pieces of legislation available for ico City policy, the executive branch with principle. It is just raw power—
action by the full Senate. policy about funding overseas abor- raw power.

VerDate Sep 11 2014 00:15 Mar 24, 2021 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G23MR6.002 S23MRPT1
March 23, 2021 CONGRESSIONAL RECORD — SENATE S1683
Three years ago, the assistant Demo- the Washington Post for these argu- The senior assistant legislative clerk
cratic leader was asked about the Sen- ments. read nomination of Shalanda D. Young,
ate majority going ‘‘nuclear’’ and kill- Their look—the Washington Post’s of Louisiana, to be Deputy Director of
ing the legislative filibuster. Here’s look—at history found ‘‘the first re- the Office of Management and Budget.
what Senator DURBIN had to say: corded filibusters in the Senate con- Mr. MCCONNELL. I suggest the ab-
I can tell you that would be the end of the cerned issues such as where to locate sence of a quorum.
Senate as it was originally devised and cre- Congress, what to do about Andrew The ACTING PRESIDENT pro tem-
ated going back to our Founding Fathers. Jackson’s censure over withdrawn fed- pore. The clerk will call the roll.
That was Senator DURBIN in 2018, just eral deposits, who would be appointed The senior assistant legislative clerk
a few years ago. Now he argues the op- to a publication called the Congres- proceeded to call the roll.
posite. sional Globe and whether to create a Mr. THUNE. Mr. President, I ask
Now I understand our colleague has national bank’’—nothing to do with unanimous consent that the order for
rotated through several different expla- racism. the quorum call be rescinded.
nations for his reversal in just the last But I am curious. If my Democratic The ACTING PRESIDENT pro tem-
few days. colleagues really believe what they are pore. Without objection, it is so or-
First, our colleague from Illinois in- saying, did they themselves use a rac- dered.
dicated he changed his mind—changed ist tool against Senator SCOTT’s police FILIBUSTER
his mind—because Republicans, and I reform bill just last year? Mr. THUNE. Mr. President, talk con-
specifically, had used the filibuster so Did they use a racist relic when they tinues to swirl about eliminating the
much in the intervening years. But, delayed the CARES Act or blocked leg- legislative filibuster here in the U.S.
Mr. President, Republicans were in the islation to protect unborn babies who Senate. The Democratic leader has
majority the whole time. We were in can feel pain? threatened that if Republicans don’t
the majority the whole time. It was the vote the way he wants them to vote on
Were Senators SCHUMER and DURBIN
Democrats who used the filibuster in
and their 33 colleagues who signed that legislation, eliminating the filibuster
the minority in 2018, 2019, and 2020—not
letter all endorsing a racist relic? will be on the table.
Republicans. That argument makes no In an interview where he issued his
Or is our colleagues’ story that the
sense whatsoever.
filibuster was not an offensive relic as threat, the Democratic leader made it
A few days later, there was a new
recently as last summer but magi- very clear that he is not inviting Re-
made-up rationale: It is just that the
Senate hasn’t been getting anything cally—imagine this—just magically, publicans to work with Democrats on
done, so the institution needs an over- within a year, magically became an of- legislation. This isn’t an invitation for
haul. Except we have just had a fensive relic the instant the Democrats both parties to sit down at the table
uniquely terrible year to make that ar- came to power? All of a sudden, it is an and arrive at an agreement that both
gument. offensive, racist relic when the Demo- parties can support. No. This is an invi-
Last year was not a good year to crats came to power. Jaw-dropping hy- tation for Republicans to support ex-
make that argument. We passed five— pocrisy. These backflips insult the in- actly what Democrats want or face the
five—bipartisan COVID bills with big telligence of the American people. consequences.
bipartisan majorities that spent the The far left is desperate to change It is ironic that the Democratic lead-
most money in American history and the subject to the 1960s because they er would be taking that position today
helped save the country. Don’t see any want people to forget how Senate because this is what he was saying
obstruction in that. We passed a his- Democrats behaved just last year. This back in 2017 about the legislative fili-
toric bipartisan bill for national parks is not about the 1960s. It is not a racist buster. This is the Democratic leader
and public lands. Didn’t see any out- relic. saying the ‘‘legislative filibuster’’ is
rageous use of the filibuster on that. Look, if some of my Democratic col- ‘‘the most important distinction be-
So there is fake history swirling all leagues want to keep lobbying two of tween the Senate and the House. Let’s
around the discussion—fake history. their colleagues to go back on their find a way to further protect the 60-
About a year ago, former President word, they should at least have the vote rule for legislation.’’
Obama launched a new, coordinated, courage to be honest. So the Democratic leader was very
and very obvious campaign to get lib- The far left wants Democrats to supportive of this back in 2017, when
erals repeating the claim that the Sen- break the Senate rules for no other they were using it extensively to try
ate rules are somehow a relic of racism reason—no other reason—than they and stop or slow Republican legisla-
and bigotry. That came just a month want more power. They want more tion.
after Democrats had used the filibuster power. The same people who are trying The assistant Democratic leader, the
to kill Senator TIM SCOTT’s police re- to overturn a certified election result Democratic whip, Senator DURBIN from
form and anti-lynching bill. over at the House want to break Sen- Illinois, said this in January 2018:
So these talking points are an effort ate rules so they can override the elec- I can tell you that would be the end of the
to use the terrible history of racism to tion laws of all 50 States from right Senate as it was originally devised and cre-
justify a partisan power grab in the here in Washington. It is that simple. ated going back to our Founding Fathers.
present. It is not unlike what we saw And it is not going to be hidden by a ‘‘[G]oing back to our Founding Fa-
last summer, when some protest mobs coordinated campaign to change the thers,’’ referencing the legislative fili-
ended up defacing statues of people subject. buster and how important it was his-
who actually crusaded for justice—like f torically here in the U.S. Senate.
Abraham Lincoln, Ulysses S. Grant, Well, about that same time, 2017, 61
and the abolitionist Matthias Bald- CONCLUSION OF MORNING Senators out of 100 here in the U.S.
win—mistakenly damaging good insti- BUSINESS Senate—61 out of 100 Senators—signed
tutions because of our troubled past. The ACTING PRESIDENT pro tem- a letter in which they supported reten-
Multiple fact checkers have torn into pore. Morning business is closed. tion of the legislative filibuster. In
this simplistic notion that the rules of f fact, it goes on to say:
the Senate are rooted in racism: ‘‘His- We are writing to urge you—
torians told PolitiFact that the fili- EXECUTIVE SESSION
And this is to the Senate leaders at
buster did not emerge from debates --- the time, Senators MCCONNELL and
over slavery or segregation.’’ One SCHUMER—
EXECUTIVE CALENDAR
scholar’s account was that ‘‘the very

dlhill on DSK120RN23PROD with SENATE
The ACTING PRESIDENT pro tem- to support our efforts to preserve existing
first Senate filibuster was over a bridge rules, practices, and traditions as they per-
across the Potomac River.’’ pore. Under the previous order, the
tain to the right of Members to engage in ex-
The very first filibuster was over a Senate will proceed to executive ses- tended debate on legislation before the
bridge over the Potomac River. sion to resume consideration of the fol- United States Senate. Senators have ex-
The junior Senator from Massachu- lowing nomination, which the clerk pressed a variety of opinions about the ap-
setts just got three Pinocchios from will report. propriateness of limiting debate when we are

VerDate Sep 11 2014 00:15 Mar 24, 2021 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G23MR6.004 S23MRPT1

File and source

File: CREC_crec-2021-03-23_crec-2021-03-23-pt1-pgs1682-3.pdf
Size: 231,913 bytes
SHA-256: 57316f59d8659fd4dec9b1fac3b2f95796edf50ea19989b11ba5d573ec3a5559
Our copy: CREC_crec-2021-03-23_crec-2021-03-23-pt1-pgs1682-3.pdf
Original: www.govinfo.gov