Senate Floor Speeches on the Filibuster — Congressional Record, January 11, 2022
Summary
Congressional Record, Senate, January 11, 2022 (beginning at page S139). Capito speaks under the heading Filibuster to defend the longstanding rules of the Senate, saying more than 158 million ballots were cast in 2020, a 7-percent increase from 2016, and quoting Senator Biden and Majority Leader Schumer on the filibuster. Murphy asks unanimous consent that the Senate vote on confirmation of the Bose nomination at a time to be determined by the majority leader in consultation with the Republican leader, and it is so ordered. Marshall also speaks against changing the filibuster.
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
“Senate Floor Speeches on the Filibuster — Congressional Record, January 11, 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-01-11-crec-2022-01-11-pt1-pgs139-2-c1e4512984/
, SHA-256 0abfb4e8e7025dfee36ebc0c4efe264c8f85ed628b798836bcb64bd06116fff7.Full text
January 11, 2022 CONGRESSIONAL RECORD — SENATE S139
Changing the rules, as the Democrats FILIBUSTER that Senators will pause and reflect before
are proposing to do, really is their last Mrs. CAPITO. Mr. President, I rise ignoring that history and that tradition in
chance to pass their leftwing, fringe today to deliver I think one of my favor of the political priority of the moment.
ideas. It is the last chance to pack the more important speeches that I will What would he say today?
Supreme Court. The Democrats in this give as a Member of this body, and that Again, this is not about voting
body introduced legislation to pack the is to defend the longstanding rules of rights. It is important to note that we
Supreme Court, to add four Democrats the U.S. Senate. did have a record turnout in 2020. More
to the Court. It is the last chance to We are at a critical moment, make people voted than ever before. More
add new States to the Union. It is the no mistake. With the slimmest of ma- than 158 million ballots were cast in
last chance to give amnesty to millions jorities, the Democrats haven’t been 2020, which is a 7-percent increase from
of illegal immigrants. It is the last able to pass their wildly unpopular 2016, and we didn’t have this voting
chance before Democrats lose control agenda, so they are considering using rights legislation. In West Virginia, we
of the Congress. the nuclear option—just think of the had thousands more people vote than
So why do they want to change the term ‘‘nuclear option’’ to show you voted in 2016. As a matter of fact, the
rules? It is because their agenda is so how draconian it is—to eliminate the total number of ballots that were cast
unpopular with the American people. Senate’s 60-vote threshold for legisla- in 2020 was more than in any election
They understand, as one Democrat said tion. They are doing it under the guise in our history with one exception—the
to another, that we have got to do it of protecting voting rights, but make 1960 election of President John F. Ken-
now because it is our last chance to no mistake—this power grab is not nedy.
force socialism on the American people about voting rights. Instead, it is about So don’t believe the hyperbole. Don’t
whether they want it or not. advancing one party’s agenda. believe the rhetoric. Don’t take the
Instead of changing the rules, the So I would like to take a look back bait. The party-wide flip-flop we are
Democrats should change their agenda. at what Democrats, including Presi- now seeing has nothing to do with vot-
The Democrats should focus on what dent Biden, have said on the issue and ing rights. Instead, it has everything to
the American people say is important why they are changing their tune. We do with paving the way for an aggres-
to them. It is our constituents who de- can also debunk the argument that, if sive and progressive agenda that the
termine what is important to them. given the chance, Republicans would Democrats wish to enact.
They are to communicate it to us. We change the rules and eliminate the fili- One of the arguments from the other
are to represent them. buster as the Democrats wish to do side that I hear all the time is, well,
What is important to them? Well, it now. the Republicans would do the same
is getting ahead of the coronavirus, it Finally and most important to me, I thing and change the rules if given the
is securing the border, and it is really am going to talk about how this short- chance. Guess what. We could have
to stop adding fuel to the fire of infla- sighted move would impact West Vir- done that. Unfortunately, that argu-
tion when paychecks can’t keep up ginians, those whom I represent here in ment doesn’t carry much weight. Lead-
with the costs of gas and groceries. the Senate. They are the ones who will er MCCONNELL, while sometimes under
ultimately be hurt by this reckless and intense pressure to do this, never
A Wall Street Journal story yester-
irresponsible change, and it is my re- wavered, and we protected this institu-
day was about all of the Democrats
sponsibility to do what I can to stop it. tion. We didn’t change the rules on the
who signed a letter saying: money from
So President Biden is in Atlanta legislative filibuster when we didn’t
New England, Members of this body—
today, taking the bully pulpit to pro- get our way. We could have, but we
they said energy costs are so high, the
test a State’s law that he does not like didn’t.
government should do something about
as a reason to end the filibuster. He Again, he knows, just as President
it. This is after Joe Biden kills the
even says this is one of those defining Biden and Leader SCHUMER know, that
Keystone XL Pipeline and stops oil and
moments. It really is. People are going if you can’t get what you want, chang-
gas exploration, and their own home
to be judged as to where they were be- ing the rules is no way to govern. I cer-
States are blocking pipelines which
fore and where they are after the vote. tainly wouldn’t run my household like
could carry inexpensive energy to the
It is interesting that he would say that. It is no way to govern because it
people who live there. Yet the Demo-
that because I would like to remind ultimately hurts those who sent us
crats want the government to do more.
President Biden where he was when he here to represent them.
The government has done enough dam-
was Senator Biden and what he had to In my home State of West Virginia,
age already.
say about eliminating the filibuster on do you know what they want? They
There are lots of ideas that could want us to work together like they saw
pass the Senate and the House and be this very floor in 2005.
He said: us do on the bipartisan infrastructure
signed into law that would actually bill. I hear this all the time. Biparti-
help the American people. Those are It is not only a bad idea; it upsets the con-
stitutional design, and it disservices the sanship is critical to making good and
the things the American people are better policy, and if the Senate rules
country.
asking for. The American people are are changed, it would be a relic of the
not asking for a blatant Democrat Well, Senator Biden, I couldn’t agree
more. But he is not the only one who past. We just passed and signed into
power grab to force through a very lib- law the infrastructure bill that I
eral agenda. People don’t want to be has done a complete 180 when it comes
to the filibuster. worked to negotiate. We also passed
muzzled. They don’t want to have their the CARES Act. We passed opioid. We
voices silenced. They want real solu- Majority Leader SCHUMER once said
it would be ‘‘doomsday for democ- passed the Great American Outdoors
tions. They don’t want the Democrats’ Act—bipartisan.
radical agenda. racy’’—that sounds pretty bad,
‘‘doomsday for democracy’’—if the fili- We can do this, but if we change the
I yield the floor. rules to where only 50 votes are needed
buster were to be eliminated, and he
The PRESIDING OFFICER (Mr. MAR- to pass legislation, there will be zero
was right. More recently, he has called
KEY). The Senator from Connecticut. incentive or motivation for the two
the filibuster the most important dis-
ORDER OF BUSINESS sides to work together. Just as bad,
tinction between the House and the
Mr. MURPHY. Mr. President, I ask Senate. Again, I couldn’t agree more. legislative accomplishments could be
unanimous consent that the Senate Then, from my home State of West done or undone or redone and done over
vote on confirmation of the Bose nomi- Virginia, the late Senator Robert Byrd, and over with just one flip of a Senate
nation at a time to be determined by a longtime Democrat, was unequivocal seat. Policies harmful to my State
dlhill on DSK120RN23PROD with SENATE
the majority leader in consultation in his defense of preserving Senate could be enacted: the Green New Deal,
with the Republican leader. rules. court packing, the federalizing of our
The PRESIDING OFFICER. Is there He wrote in 2010: elections. By the way, 54 of my 55 coun-
objection? The Senate has been the last fortress of ty clerks oppose that legislation. There
Without objection, it is so ordered. minority rights and freedom of speech in this would be packing the Senate with new
The Senator from West Virginia. Republic for more than two centuries. I pray States, defunding the police, attacking
VerDate Sep 11 2014 02:42 Jan 12, 2022 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JA6.033 S11JAPT1
S140 CONGRESSIONAL RECORD — SENATE January 11, 2022
the Second Amendment for law-abiding preme Court and State-run elections, majority leader’s plan to change the
Americans, and more. to rig our political system in their Senate rules. It will open the door wide
We don’t even have to imagine what favor because they can’t win on their for the filibuster to be eliminated for
the Democrats would do or would want own radical socialist policies. all legislation moving forward.
to do; we can just look at New York Without the filibuster, we will see The bottom line is very simple: The
and what they just did. They are going tax laws, immigration rules, and more ideologues in the Senate want to turn
to allow 800,000 noncitizens to vote. To major policy go up and down like a what the Founding Fathers called the
put that in context, in my State of roller coaster, negatively impacting ‘‘cooling saucer of democracy’’ into the
West Virginia, we only had 794,000 vot- our economy, creating uncertainty, rubberstamp of dictatorship. They
ers who voted for President in 2020. and making it impossible for long-term want to because they can’t get their
Ramming radical policies through business planning. way. They want to wash away 200 years
Congress without even attempting to The filibuster is meant to force both of history. They want to turn this
gain consensus is not what our Found- parties to work together to come up country into a banana republic, where
ers envisioned, and it is not how Amer- with long-lasting policies which will if you can’t get your way, you change
icans want us to operate. help all Americans. the rules. It would be a doomsday for
Rest assured, those willing to change Take, for example, voting legislation. democracy.
the rules to benefit themselves will do I want to make it easier to vote and These are strong words, and these are
it again and again and again. Today, harder to cheat—easier to vote, harder wise words, but they are not my words.
supposedly, it is voting rights. Tomor- to cheat. With NANCY PELOSI’s power They are direct quotes from Senator
row, it could be gun control. The next grab act and other radical election pro- SCHUMER back in 2005, when he was a
day, it could be open borders. I can posals, the Democrats want to let the staunch opponent of weakening the fil-
only imagine. Federal Government take over our ibuster. That is because during that
I am asking my fellow Senators on elections, which is unconstitutional, time, the then-junior Senator from
the other side of the aisle: Don’t do make it easier to commit fraud, pave New York and his Democratic col-
this. You will come to regret it, I the way for mass ballot harvesting, let leagues were making unprecedented
think, if you do. felons vote, take integrity out of the use of the filibuster to derail President
But I think that we need to preserve elections process by prohibiting voter George W. Bush’s judicial nominees.
the rights of the minority. ID—something I am proud to say Kan- The majority leader at one point pro-
We need to preserve the chance for sas requires, voter identification, and foundly admitted that ‘‘[y]es, we are
bipartisanship. We need to preserve the it is working—and, finally, route tax- blocking judges by filibuster. That is
traditions of the Senate. If you destroy payer dollars toward funding political part of the hallowed process around
this tradition, unfortunately, the coun- candidates they may not agree with. here of the Founding Fathers saying
I hope that Members of this body can
try will suffer the consequences. the Senate is the cooling saucer.’’
come together, in a bipartisan way, to
Thank you. But things have certainly changed
The PRESIDING OFFICER. The Sen- tackle the important issue of election
two decades later.
ator from Kansas. integrity without destroying the 60- President Biden, the majority leader,
Mr. MARSHALL. Mr. President, I vote threshold in the Senate. and their Democratic allies were intent
We have shown, in recent weeks, we
may be one of the Senate’s newest on ending the filibuster the second the
can work together in a bipartisan fash-
Members, but that does not mean I Democrats won the Senate last Janu-
ion. The Senate voted 88 to 11 to pass
don’t understand the importance of the ary.
the annual Defense authorization bill
filibuster to this body or to this Nation The majority leader’s latest attempt
in December. The HELP Committee is
as a whole. is to force a carve-out of the filibuster
currently working through a bipartisan
Like Senators before me, I have ob- for what he claims will be just for one
bill to help tackle future pandemics.
served the practice from the other side piece of legislation. But he knows
We can still tackle major issues in the
of the Capitol as a Member of the Senate without abandoning our prin- where it leads: the full elimination of
House and have heard the calls from a ciples. the filibuster and sooner rather than
frustrated majority to eliminate it for The right to extended debate for later.
the sake of jamming through an agen- Members of this body has been pre- I thought my friend the senior Sen-
da and cashing in the political gain served for two centuries, longer than ator from West Virginia put it per-
that would come from doing so. the constitutional method of electing fectly last week. He said:
But anyone who has an appreciation Senators via their home State legisla- The problem with carve-outs is that you
for our founding knows the purpose of ture, which was ended when the 17th end up eating the whole bird.
the filibuster is indeed to frustrate the Amendment was ratified. There is no such thing as a carve-out
majority, to serve as an additional It is a dark day that Senators are when it comes to the filibuster. We all
check in our government, and drive being forced to come to the Senate know it. I will talk a little bit about
consensus and cooperation. Its purpose floor to defend the 60-vote threshold. It that later.
is to protect the rights of the minority would be one of the body’s darkest days But for more than a century, the fili-
and prevent the tyranny of the major- if 51 Senators changed the rules and re- buster has served as a safeguard for our
ity—in short, to save us from our- moved our rights to robust debate and Republic. It has prevented one party
selves. the right of our home States to have from ramming through an ideological
The Senators supporting the major- equal representation in this most dis- agenda when that party controls both
ity leader’s effort to eliminate the 60- tinguished legislative body. And it will the White House and Congress.
vote threshold seemed to once under- come back to haunt them. Without the filibuster, both the far
stand this too. Just a few years ago, 25 The answer to these partisan times is left and the far right would have free
of them cosigned a letter opposing not to double down on partisanship and rein to ram through extreme ideolog-
‘‘any effort to curtail the existing blow up the filibuster. I pray cooler ical agendas. Divisive partisan pro-
rights and prerogatives of Senators to and wiser heads will prevail, and we posals could become law with only a
engage in full, robust, and extended de- will maintain this important function simple majority. And with both parties
bate.’’ of the Senate. Otherwise, our Nation is regularly trading control of Congress,
Sadly, we are now witnessing the destined to become a winner-takes-all laws can just as easily be overturned
most blatant hypocritical policy system, where the rights of the minor- and replaced, promoting the kind of
switch we have ever seen, as many cur- ity will never again be considered, and chaotic, confusing policymaking we see
dlhill on DSK120RN23PROD with SENATE
rent Democrat Senators and the Presi- our Nation will suffer for it. in some European Parliaments.
dent have abandoned these principles. I yield the floor. By requiring 60 votes to end debate in
This flip-flop appears to be all in the The PRESIDING OFFICER. The Sen- the Senate, the filibuster promotes sta-
name of greed and power. They want to ator from North Carolina. bility. It necessitates bipartisan com-
break the filibuster so they can break Mr. TILLIS. Mr. President, I rise promise to pass legislation. That is
other institutions, such as the Su- today to express my opposition to the something we need more of, not less.
VerDate Sep 11 2014 02:42 Jan 12, 2022 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JA6.034 S11JAPT1
January 11, 2022 CONGRESSIONAL RECORD — SENATE S141
I saw it firsthand when I was a proud for legislation, the Senate becomes a So I ask my Democratic colleagues
participant in the passage of the bipar- majoritarian institution like the House . . . to consider this: When President
tisan infrastructure bill. That is the no Senator would like to see that happen. Trump called for ending the filibuster,
way this Chamber needs to work. What is the difference between today a large majority of Republican Sen-
That is why when President Trump and only a few short years ago? Again, ators stood up to preserve bipartisan-
demanded, I think some 30 times, that it is the party that is in power. ship and to protect and respect this in-
the Republicans should eliminate the This same pattern of situational stitution. Now, the roles are reversed.
filibuster in 2017, 61 Senators joined to- principles also applies to the majority President Biden and the majority lead-
gether in a letter making it clear that whip. He went on national television er are demanding that you give them
we would not let it happen. Thirty-two when Donald Trump was President to your vote to weaken the filibuster so it
were Democrats, and 29 were Repub- warn that eliminating the filibuster can ultimately be ended.
licans. I was one of them. ‘‘would be the end of the Senate as it To my Democratic colleagues who
And even though I received my fair was originally devised.’’ signed on to the very same letter I did
share of pushback from my side of the That is Senator DURBIN. in difficult circumstances, I ask you:
But less than 4 years later, after Will you stand up for the principles
aisle back in North Carolina, I was
Democrats won control of the White that you stood for just a few years ago
proud to sign that letter in 2017, and I
House and the Senate, the majority and respect and defend this institu-
would be proud to sign that letter
whip has a much different take. He re- tion?
today.
cently declared that ‘‘the filibuster is The PRESIDING OFFICER. The Sen-
Unfortunately, this modest display of
making a mockery of the American de- ator from Utah.
political courage has not been recip-
mocracy.’’ He made that statement Mr. ROMNEY. Mr. President, I pre-
rocated by many of my friends on the
after he and his fellow Democrats used pared some remarks to give this
other side of the aisle. Twenty-seven of
the filibuster a recordbreaking 328 evening, but I had the occasion to
the Senators who signed that letter are
times between 2019 and 2020, when watch President Biden as he spoke in
still in the Senate. Twenty-six of them President Trump was in office. That
are now supporting the full elimination Georgia just a few minutes ago, and he
level hypocrisy is audacious, even by said quite a number of things that sim-
of the filibuster. What changed? Noth- Washington, DC, standards.
ing except the party in power. ply weren’t true. He also accused a
And I know Democrats have been number of my good and principled col-
Democrats staunchly defended and pushing back on this claim, claiming
used the filibuster when Donald Trump leagues in the Senate of having sin-
they are not trying to end the fili- ister, even racist inclinations. He
was President at an unprecedented buster. They assure us that this is a
level, but Democrats are suddenly charged that voting against his bill al-
one-time deal that will only apply to lies us with Bull Connor, George Wal-
against the filibuster now that Joe this one bill.
Biden is President. Many of my Demo- lace, and Jefferson Davis—so much for
I would refer them to Newton’s third unifying the country and working
cratic colleagues are practicing situa- law of physics: ‘‘For every action,
tional principles: putting their own across the aisle.
there is an equal and opposite action.’’ More troubling, however, he said that
party’s short-term interests ahead of It most definitely applies to Senate the goal of some Republicans is to
what they know are the best long-term rules as well. ‘‘turn the will of the voters into a mere
interests for the Senate and the Na- In 2013, Senate Democrats invoked suggestion.’’ And so President Biden
tion. It doesn’t get more politically the nuclear option to end the 60-vote goes down the same tragic road taken
cynical than that. cloture requirement on judicial and by President Trump: casting doubt on
President Biden served in the Senate Executive nominees other than the Su- the reliability of American elections.
for 36 years. He was known as a strong preme Court. All Republicans, and even This is a sad, sad day. I expected
defender of the institution, including a handful of Democrats, including the more of President Biden, who came
the filibuster. In this very Chamber, 21 senior Senator from West Virginia, into office with a stated goal of bring-
years ago, Senator Biden declared that pleaded with the Democrats not to do ing the country together.
defending the filibuster was about de- it. Now, our country has defied the odds
fending ‘‘compromise and moderation.’’ Minority Leader MCCONNELL warned for a democratic republic. It has sur-
And he noted that his speech was one Democrats at the time that ‘‘you’ll re- vived and thrived for over 200 years.
of the most important he would ever gret this, and you might regret it even The character of the American people
give. But now he favors destroying sooner than you think.’’ But they did it deserves most of the credit for that,
compromise, moderation, and the insti- anyway. And, indeed, there was that but close behind are our vital institu-
tution he had long cherished, all for reaction. tions. Over the last several years,
the sake of political expediency for the Four years later, Republicans con- many of us recoiled as foundational
next 12 months, until Republicans take trolled the Senate, and we used the nu- American institutions have been re-
back the House and most likely the clear option to finish what our Demo- peatedly demeaned: The judiciary was
Senate. cratic colleagues started on the execu- charged with racial bias. The press was
As I noted earlier, the majority lead- tive calendar. We ended the 60-vote re- called the enemy of the people. Justice
er also shares a partisan double stand- quirement for Supreme Court nomi- and intelligence agencies were belit-
ard with the President. In a ‘‘Dear Col- nees. tled. Public health agencies were dis-
league’’ letter just earlier this month, There is a clear precedent on what missed. Even our election system was
he wrote that ‘‘Senate Democrats must happens when we change the Senate accused of being rigged.
urge the public in a variety of different rules on a partisan basis for political The U.S. Senate is one of our vital
ways to impress upon their Senators expediency. It produces long-term con- democratic institutions, and the power
the importance of acting and reforming sequences that I believe both sides will given to the minority in the Senate
the Senate rules, if that becomes a pre- ultimately regret. and the resulting requirement for po-
requisite for action to save our democ- Democrats invoked the nuclear op- litical consensus are among the Sen-
racy.’’ tion to get more district judges, but by ate’s defining features. Note that in
The Senate rule change he refers to doing so, they paved the path for Jus- the Federal Government empowerment
is carving out the filibuster in order to tice Gorsuch, Justice Kavanaugh, and of the minority is established through
pass one of the far left’s priorities; that Justice Barrett, who now sit on the Su- only one institution: the Senate.
is, the voting bill that many of my preme Court today. The majority decides in the House.
Members or colleagues have talked What do we think now if the Demo- The majority decides in the Supreme
dlhill on DSK120RN23PROD with SENATE
about today. crats nuke the filibuster for just one Court. The President, of course, is a
But in 2018, the then-Senate minority bill? The Senate rule change that the majority of one. Only in the Senate
leader struck a different tone. He said: majority leader is pushing is really a does the minority restrain the power of
The legislative filibuster . . . is the most proxy vote for ending the legislative the majority. That a minority should
important distinction between the Senate filibuster altogether and turning the be afforded such political power is a
and the House. Without the 60-vote threshold Senate into the House, full stop. critical element of this institution.
VerDate Sep 11 2014 02:42 Jan 12, 2022 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JA6.037 S11JAPT1
S142 CONGRESSIONAL RECORD — SENATE January 11, 2022
For a law to pass in the Senate, it volvement in drafting them. Anytime donor-chosen supermajority is deliv-
must appeal to Senators in both par- legislation is crafted and sponsored ex- ering massive wins for those donor in-
ties. This virtually assures that the clusively by one party, it is obviously terests, and the American people can
bill did not originate from the extreme an unserious, partisan effort. smell what Justice Sotomayor aptly
wing of either one and, thus, best rep- Let me note two more truths. The characterized as the ‘‘stench’’ of a cap-
resents the interests of the broadest country is sharply divided right now. tured Court.
swath of Americans. The Senate’s mi- Despite the truth spoken by a number The problems of the Court are real,
nority empowerment has meant that of good people in my party, most Re- and they demand action. Enter the
America’s policies inevitably tack to- publicans believe Donald Trump’s lie Court commission. Charged with think-
wards the center. As Senator Biden that the 2020 election was fraudulent, ing through solutions to the Court’s
previously affirmed: ‘‘At its core, the stolen by Democrats. That is almost many problems, the commission was
filibuster is not about stopping a nomi- half the country. perfectly positioned to report on the
nee or a bill, it is about compromise Can you imagine the anger that scheme and offer a blueprint for restor-
and moderation.’’ would be ignited if they see Democrats ing the Court. But its final findings, re-
Consider how different the Senate alone rewrite, with no Republican in- leased last month, offered instead what
would be without the filibuster. When- volvement whatsoever, the voting laws I have called faculty-lounge pabulum.
ever one party replaced the other as of the country? If you want to see divi- Sure, yes, they gestured toward the
majority, tax and spending priorities sion and anger, the Democrats are need for a code of ethics for the Jus-
would change, safety net programs heading down the right road. tices, which makes sense because Su-
would change, national security policy There is also a reasonable chance Re- preme Court Justices have the lowest
could change, cultural issues would ca- publicans will win both Houses in Con- ethics standard of any top Federal offi-
reen from one extreme to the other— gress and that Donald Trump himself cial. But pointing that out is a little
creating uncertainty and unpredict- could once again be elected President bit like pointing out a flat tire on a to-
ability for families, for employers, and in 2024. Have Democrats thought what taled car.
for our friends abroad. it would mean for them for the Demo- Consider the facts the commission ig-
The need to marshal 60 votes requires crat minority to have no power what- nored: A private, partisan, anony-
compromise and middle ground. It em- soever? mously funded organization—the Fed-
powers the minority. And it has helped And finally, Mr. President, I offer eralist Society—handpicked the last
to keep us centered as a nation, fos- this thought: How absurd is it to claim three Supreme Court Justices. Presi-
tering the stability and predictability that, to save democracy, a party that dent Trump and his White House coun-
that are essential for investments in represents barely half the country sel admitted they had ‘‘in-sourced’’—
people, in capital, and in the future. must trample on the rules of our de- their word—the Federalist Society to
Abandoning the principle of minority mocracy’s senior institution? the White House to choose their nomi-
empowerment would fundamentally The PRESIDING OFFICER. The Sen- nees.
change a distinct and essential role of ator from Rhode Island. Senator Hatch, our former colleague,
the U.S. Senate. U.S. SUPREME COURT former chairman of the Judiciary, was
But today’s Democrats, now with the Mr. WHITEHOUSE. Mr. President, asked if this role was outsourced to the
barest of majorities in a 50–50 Senate, with my distinguished colleague from Federalist Society, and he said, ‘‘Damn
conveniently ignore their own impas- Utah here, I would just—before I get to right.’’
sioned defense of the filibuster when my remarks—suggest that there may No other democracy in the world has
they were in the minority. Let us be be an exception to his rule that when a had such a ridiculous system for select-
clear that those who claim the fili- piece of legislation is only sponsored ing Judges. That is bad. It gets worse.
buster is racist know better. by Members of one party it can’t be se- Anonymous donations helped right-
For President Obama to make this rious legislation; and, in my view, that wing front groups mount a $400 million
absurd charge after he, himself, made a would include climate legislation, push to capture and control the Court
vigorous and extensive defense of the where it has been extremely hard to with zero transparency into who gave
filibuster just a few years ago is both get Republicans to cosponsor any seri- the money or—more importantly—
jarring and deeply disappointing. After ous climate bill. And I think that has what matters they had before the
all, I don’t recall a single claim from nothing to do with the seriousness of Court whose Justices they were install-
Democrats that employing the fili- the legislation and everything to do ing. That is disgraceful. And trust me,
buster hundreds of times over the last with the influence of the fossil fuel in- nobody spends $400 million without a
several years when they were in the dustry. motive.
minority was in any way racist. But that said, Mr. President, I am There is more. Orchestrated flotillas
Over the course of my life, I have here to speak for the 11th time in my of amici curiae, so-called friends of the
found that when presented with a mat- series discussing the scheme through court, funded by dark money, instruct
ter of personal advantage that would which a bunch of big, anonymous do- the Court which way to rule, and they
require abandoning principles, the nors captured our Supreme Court. score virtually perfect success with the
human mind goes to work overtime to Today, I am going to talk about the Republican appointees whom dark
rationalize taking that advantage. Biden Supreme Court commission, money ushered onto the Court.
Only a few months ago, some of my which could have done a useful, even The Court has even allowed peculiar
Senate Democratic colleagues rational- authoritative investigation of the fast lanes for dark money groups to
ized that the Senate couldn’t function scheme and all its terrible effects at speed cases to the Court for Justices to
and, therefore, they had to get rid of the Court but which, regrettably, decide favored, politically helpful
the 60-vote rule. But then the Senate ended up as an exercise in ineffectual cases. In some cases, the Justices even
functioned quite well when it passed time-killing. invited the case to be rushed to the
the infrastructure bill, armed services I have laid out the scheme in detail Court.
legislation, and a bill on innovation. in earlier speeches in this series. In a And this mess culminates in a nota-
So, a few months later, some of these nutshell, there is a very well-studied ble, troubling statistical record. The
colleagues argued that in order to raise phenomenon of regulatory capture, Roberts Court delivered more than 80—
the debt ceiling, the 60-vote rule has to sometimes called agency capture, 80—partisan 5-to-4 decisions benefiting
go. Then, with bipartisan cooperation, through which big industries try to big Republican donor interests. The
the Senate raised the debt ceiling. capture and control the regulatory record in that category of decisions
dlhill on DSK120RN23PROD with SENATE
So now, the Democrats’ latest ration- agencies that are supposed to be polic- was 80 to 0, and that is before the
alization is that their partisan new ing them. Court’s new 6–3, donor-chosen super-
election law must be passed. But Well, in the same way, big, rightwing majority.
Democrats have filed these voting bills donor interests set out to capture the That is a lot for the Commission to
numerous times over numerous years, Supreme Court. And they did it. It leave out. The Commissioners can’t
always without seeking Republican in- worked. Now, the Court’s 6-to-3, big- claim they did not have fair notice.
VerDate Sep 11 2014 02:42 Jan 12, 2022 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11JA6.038 S11JAPT1
File and source
- File
- CREC_crec-2022-01-11_crec-2022-01-11-pt1-pgs139-2.pdf
- Size
- 240,220 bytes
- SHA-256
- 0abfb4e8e7025dfee36ebc0c4efe264c8f85ed628b798836bcb64bd06116fff7
- Original
- www.govinfo.gov