Congressional Record, Senate, March 16, 2022: Page S1214
Summary
Page S1214 of the Senate section of the Congressional Record for March 16, 2022, in interleaved columns. One speaker says we must push back against attacks on trans kids in the courts, with legislation, through Executive action and by speaking out. Another passage presents a resolution whose final resolved clause is a statement of values, and a further speaker argues against teaching that casts one child as the oppressor and another as the oppressed because of skin color. The page also covers the nomination of Julie Rebecca Rubin of Maryland, who received a unanimous well qualified rating from the American Bar Association Standing Committee.
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“Congressional Record, Senate, March 16, 2022: Page S1214.”
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S1214 CONGRESSIONAL RECORD — SENATE March 16, 2022
that a State legislature is going to in- from the U.S. Senate. It is a statement Any kind of teaching that is within a
tervene in their parenting decisions to be able to say we hold certain things school that actually promotes one kid
and hurt their child. very important. as the oppressor and the other kid as
So we have to push back against I will talk through some of the reso- the oppressed simply because of the
these attacks on trans kids in every lution part of it—the resolve at the be- color of their skin should not be taught
way that we can—in the courts, with ginning of it—but it ends with a very in our schools. Why don’t we teach
legislation, through Executive action, simple statement. It ends with: every child is equal? Why don’t we
and by speaking out and speaking up Resolved, That the Senate—(1) recognizes teach every child should have oppor-
because I can tell you, having just and promotes the importance of parental in- tunity? Why don’t we teach every fam-
talked to my constituents in Wash- volvement in their child’s education; and (2)
recognizes the necessity of school choices as
ily has the opportunity in this great
ington State, the hurt and fear the a tool to empower all parents with the free- country of ours; and where we have
Governor of Texas has caused is not dom to choose the best educational environ- weaknesses, we work on our weak-
staying in Texas. What Greg Abbott ment for their children and to reject destruc- nesses? But we don’t label a child as an
said about trans kids has an effect on tive ideologies promoted by many public oppressor or as oppressed based on the
many States. I wish it didn’t, but the schools, such as Critical Race Theory. color of their skin—at least we used to
truth is: All of those measures are not This comes from a basic conversation not in America.
only really scary for trans families that happens in my State and, quite But that is what is rising up with
across the country, but they also em- frankly, in States all around the coun- this critical race theory as it rises up
bolden more hateful rhetoric and even try. Parents should be the primary de- from place to place. I have had many of
violence against trans people; and it is cision-makers for their children—not my colleagues on both sides of the aisle
harming trans kids’ mental health no only where they are educated so that saying: That is not true. That is not
matter where they live. they don’t live in a certain neighbor- being taught.
We have to be louder than Greg Ab- hood and they say, I am sorry, you live Great. Let’s make the resolution.
bott or whoever is taking aim at trans there so you have to go here. Let’s say that we as a Senate don’t be-
kids. We have to push for legislation This is so the parents have the max- lieve that this should be taught. Let’s
like the Equality Act that would send imum amount of flexibility knowing teach every child. Let’s love every
a powerful message of support and fair- one child may be a great fit for one child.
ness for trans and gay Americans. And school, and the younger child may be a This resolution also affirms the
we have to stand up for a future with- better fit for a different school, wheth- rights of parents to be able to speak
out this hateful hate, harm, and divi- er that be a public school that allows out—not in a violent way, not in a de-
sion that we are seeing and with a lot flexibility within a district to be able structive way, but for parents to be
more compassion for each other. It is to move place to place or, as it happens able to speak out.
not too much to ask. in my State, where you can even Why is it that several months ago,
NOMINATION OF JOHN H. CHUN
change district to district within pub- the Department of Justice in our Na-
lic schools. tion starts a whole investigation on
Mr. President, I also rise today to If a parent maybe works in one
urge my colleagues to join me this parents to be able to say: Are there
area—one school district—but lives in
evening in voting to confirm Judge parents who are actually maybe closet
another, that parent can choose to be
John Chun for a Federal district court terrorists who are showing up at school
able to have their child go into a dif-
judgeship in the Western District of board meetings, complaining about
ferent district. Though it is a public
Washington State. what is being taught, complaining
school setting, it gives them the flexi-
Judge Chun is a Pacific Northwest about a mask mandate in their school,
bility and the choice to do that. Why?
native. He is a father. He is the son of complaining about a vaccine mandate,
Because not every kid is the same and
South Korean immigrants. He would be not every educational environment is complaining about critical race theory,
the first Asian-American man to serve the same. or just saying ‘‘I don’t like this par-
on Washington State’s Federal bench. I would say in my State—and I would ticular curriculum’’?
He is patient and thoughtful, some- assume in other States as well—not That used to be the rights of parents,
one the people of Washington State can every school district is the same. It is to engage, and now we hear: Really,
really count on to faithfully uphold the important to us in our State that every parents don’t know enough about these
rule of law and treat litigants and all school district is successful. There is difficult things. Parents need to just
parties before him with grace and re- no place that we don’t want any child sit down over there. We will take care
spect. Judge Chun’s qualifications are to be able to be successful. of this as professionals.
superb, having served for 7 years now But we should all admit the facts: So, again, this resolution doesn’t add
as a State court judge. His tempera- Not every school district is thriving. additional funding. It doesn’t change
ment and record of service demonstrate As we invest dollars and time and en- the structure of our schools. But it
a real commitment to fairness and im- courage great teaching in that district, does say: We as the Senate believe in
partiality, whether through his service that child who is in that district that the power of the parent to be able to
as a board member for the Washington is not being successful is trapped in a make the right choice for their chil-
Low Income Housing Alliance or his location that is currently not success- dren.
many pro bono commitments over the ful. Maybe they can be successful in 5 So, with that, as if in legislative ses-
course of a very long career as both an years from now when they work sion, I ask unanimous consent that the
attorney and a judge. through the different issues they have, Committee on Health, Education,
For all these reasons and more, but that child doesn’t have a second Labor, and Pensions be discharged
Judge Chun’s service as Federal dis- shot. from further consideration and the
trict court judge in my home State of If that child has no other opportunity Senate now proceed to my resolution,
Washington would surely help rebuild to be able to choose and their parents S. Res. 493. I further ask unanimous
faith in our judicial system. I respect- are locked into that spot, we basically consent that the resolution be agreed
fully am here today to urge my col- say, We will fix everything in this dis- to, the preamble be agreed to, and that
leagues to confirm Judge Chun. trict in a few years, and that child is the motions to reconsider be consid-
I yield the floor. just not allowed to get an option out. I ered made and laid upon the table.
The PRESIDING OFFICER. The Sen- don’t think that is helpful for that The PRESIDING OFFICER. Is there
ator from Oklahoma. child and that parent at that time. objection?
UNANIMOUS CONSENT REQUEST—S. RES. 493 Giving parents the ability to be able The Senator from Washington.
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Mr. LANKFORD. Mr. President, I to make choices—whether public Mrs. MURRAY. Mr. President, re-
come today to the floor with a very schools, charter schools, private serving the right to object, I got my
simple unanimous consent request. schools—whatever may work best for start in national politics as a parent
This is a resolution. It doesn’t allo- their school and for their State and the advocating for my kids’ preschool pro-
cate any dollars, doesn’t change any policies their State has created seems gram. I am a former preschool teacher.
policy. It is just a statement of belief like a smart thing to be able to do. I am a former school board member. I
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March 16, 2022 CONGRESSIONAL RECORD — SENATE S1215
am now chair of the Senate Education to lower student debt and the cost of I hope my friend from Oklahoma will
Committee. I have worked across the tuition. Republicans are virtually no- support it and that moving forward,
aisle on fixing No Child Left Behind. I where to be seen on those issues. Republicans will take education as se-
have also fought against efforts—many Democrats want students to learn. Re- riously as they claim to and reverse
during the former administration with publican legislatures across the coun- course and join us in working to meet
Betsy DeVos as Secretary of Edu- try want to ban books. this moment for students’ and parents’
cation—because I felt they took us fur- To sum it up, Democrats want every sake.
ther from the goal of making sure that student to have the ability to get a At this time, I object to the Senator
every student in our country, no mat- great education. We are focused on from Oklahoma’s unanimous consent.
ter who they are or where they live or that. We are serious about it, and we The PRESIDING OFFICER. The ob-
how much money their parents make, are working on it. Meanwhile, Repub- jection is heard.
can get an excellent public education licans at all levels—and the resolution Mrs. MURRAY. As if in legislative
and all the opportunity that comes we are debating today is a case in session, I ask unanimous consent that
with it. point—want to use students and par- the Senate proceed to the immediate
All this is to say that I could not ents and schools as political pawns consideration of the Murray bill, which
care more deeply about making sure rather than focusing on making sure is at the desk, a bill to appropriate
every child gets the chance to learn every single student in our country can funds for students’ academic and men-
and succeed in life, and my belief that get a high-quality education and be tal health needs. Further, I ask unani-
parents should be as involved as pos- able to succeed. mous consent that the bill be consid-
sible in their kids’ education could not In fact, I just spoke this afternoon ered read a third time and passed and
be more firmly or personally held. In with trans kids and parents about what that the motion to reconsider be con-
fact, I can remember the times when, is going on in Texas and other parts of sidered made and laid upon the table.
as a U.S. Senator with young kids at the country. These kids are brave, but The PRESIDING OFFICER. Is there
home myself, I would try to read all they are scared. Their parents are wor- objection?
my memos at night and help with their ried about being investigated by the The Senator from Oklahoma.
homework. I wanted my own kids to State just because a politician has de- Mr. LANKFORD. Mr. President, re-
have that support from me, just like I cided he doesn’t like how they are rais- serving the right to object, I appreciate
want every parent to be able to be on ing their kids. the dialogue on education. A degree is
top of what is going on in their kids’ How are kids supposed to focus on an education. My mom is a lifelong ed-
school. learning when their safety is in ques- ucator. I spent my summers growing
I also know from talking to my own tion? How are their friends supposed to up in the school library, putting books
family and so many students and fami- focus on learning when their class- in the Dewey Decimal System, putting
lies across Washington State that mates are dealing with something like the new piece of tape on the outside of
these last two years have been some of this? Why are parents having to worry it, and actually, back in the old days,
the toughest, most overwhelming about whether they will get inves- filing a new card in the card catalog,
tigated for raising their kids according which half the people listening to me
times for parents and kids that many
to their beliefs, their doctor’s advice, right now have no idea what that is.
of us can remember.
Here in the Senate, our job is to rec- and their kids’ needs? I am passionate about education. I
When and if Senate Republicans are have two daughters, and I stay very en-
ognize that and do everything we can
truly serious about focusing on getting gaged in the issue of education. So it is
to get things back on track, which is
American students the great education always interesting to me when my
why Democrats acted quickly to pass
they need and deserve, we will know Democratic colleagues say: When Re-
the American Rescue Plan and give
because Republicans and Democrats
schools the resources they need so they publicans get serious about education.
might be able to come together again It is always interesting. We will pass
could reopen and stay open safely. and put students and parents and
We also recognized that after 2 really a bill, like what happened in the omni-
schools first. I know that is possible
disruptive years, many students would bus or what happened in any Education
because I have worked with Repub-
need extra help, so the American Res- bill before, and there will be billions
licans to make this happen.
cue Plan is, as we speak right now, So today I would like to give my col- and billions of dollars in education, but
paying for afterschool programs and league an opportunity to take the first the comment will always be ‘‘Well, if
tutors and summer learning so stu- step in the right direction. In a mo- you really loved kids, you would do
dents all across the country can catch ment, I will ask consent to pass a bill just $1 billion more, but because you
up. that would help our students. don’t love kids, you did $1 billion less.’’
I will remind you that this bill to If we agree we want parents involved It is never enough on it.
help reopen schools safely and keep in their kids’ education and if we agree This resolution that I brought today
them open passed with zero Republican that this is a moment when students, was not about an extra $1.3 billion in
votes—not one. Not only that, Senate like so many Americans, are stressed education to be able to hire more peo-
Republicans have come to the floor and need us to have their backs, which ple; it was just about empowering par-
twice last month alone with ideas I really hope we do, then let’s send ents.
about snatching Federal funding away more counselors and nurses to our Na- It is an interesting side by side to say
from our schools, and Republican lead- tion’s schools. Let’s prioritize STEM what families need more is more em-
ers even rolled out a plan that would education and advanced coursework ployees at school, and what I am seeing
eliminate the Department of Education and make them available to more of is that we need more empowerment of
altogether. Could there be a clearer our K–12 students. Let’s make stu- parents.
message about their priorities? dents’ mental health a top priority so One costs $1.3 billion; the other one is
At all times but especially after the they can focus on learning. just free. One says: Let’s have folks at
last 2 years, there is no excuse for any- So I will be asking unanimous con- school know how to be able to take
thing short of an all-hands-on-deck na- sent on legislation that would help us care of your kids best. The other one
tional effort to put students’ education all do this—importantly, in a way that says: Well, let’s make sure there are
first, but, unfortunately, here is what seeks parents’ input directly on what certain things, like critical race the-
we have got happening: Democrats will matter most to their kids and ory, that we don’t teach at school to
acted to reopen our schools safely and their communities. make sure every child is taught the
keep them open. Congressional Repub- If you are trying to get our schools same. And if that parent wants to
dlhill on DSK120RN23PROD with SENATE
licans, down to the last one, voted no. back on track, this should be an easy teach that at home, they are welcome
Democrats believe that quality pub- yes vote because it will be a vote for to teach that at home, but let’s not im-
lic education for every student is a students’ education, parents’ peace of pose that on every child. Let’s not call
good investment. The Republican mind, and actually doing something some children oppressors because of
Party keeps putting forward ideas to real about the tough challenges stu- the color of their skin.
gut public education. Democrats want dents and parents are facing. Why don’t we do that?
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S1216 CONGRESSIONAL RECORD — SENATE March 16, 2022
So the resolution I brought is not on the Federal Judiciary, which is the and assisted the CollegeBound Founda-
about a billion dollars; it is just a organization’s highest rating. The ABA tion and the Baltimore Education
statement of support of parents, a assesses the nominee’s professional Scholarship Trust to help underprivi-
statement of support of what parents competency, integrity, and judicial leged or at-risk youth. She has served
want to be able to teach. It is not temperament. as chair of the board of trustees for the
about more school employees; it is Shortly after the November 2020 Bryn Mawr School in Baltimore. She
about stronger parents. That is what I Presidential elections, I worked with has given back to our community and
think that we ought to continue to be Senator VAN HOLLEN to establish the understands the challenges in our com-
able to address. judicial selection committee in Mary- munity.
This is not about who loves edu- land. We used an open application proc- As a fellow graduate of the Univer-
cation more. Quite frankly, I know my ess with public advertisement and com- sity of Maryland Francis King Carey
colleague from Washington is pas- municated closely with State, local, Law School, I am confident that Judge
sionate about kids and about edu- and specialty bar associations in Mary- Rubin will meet the highest standards
cation. She has lived it as a mom, as a land. In particular, we sought out high- of integrity, competence, and tempera-
leader in the Senate, and as someone I ly qualified and diverse applicants. Our ment. I know she will uphold the rule
watched negotiate with Lamar Alex- committee interviewed everyone who of law for all Marylanders for this life-
ander some of the toughest education submitted an application, which in- time appointment.
policy conversations. She is a remark- volved several dozen interviews. Sen- Finally, let me say that I know that
able legislator and is passionate about ator VAN HOLLEN and I personally public service is a sacrifice, not only
this. interviewed several finalists before rec- for the nominee but for their family.
We have some disagreements on some ommending names to the White House. So I want to thank Judge Rubin’s hus-
of these issues. I am just passionate Born in Baltimore, Judge Rubin re- band James and her entire family for
about doing whatever we can to be able ceived her B.A. cum laude from Mount sharing Judge Rubin with the people of
to honor parents as often as we can and Holyoke College in 1995 and her J.D. Maryland.
to tell them: No, you are not going to from the University of Maryland Judge Rubin’s confirmation will
be investigated. School of Law in 1998. build on the quality and diversity of
She mentioned parents in Texas She worked at Astrachan Gunst, han- the Maryland District Court bench. All
being worried about being investigated. dling intellectual property and employ- 10 of the confirmed judges have been
I will tell you, parents in Oklahoma ment law matters in both Federal and recommended by me to the President
have said to me: I no longer go to State court. for appointment as a Senator from
school board meetings because I am Judge Rubin was appointed by the Maryland. I am proud of their quali-
afraid the FBI is going to be there and Governor of Maryland in 2012 as a Bal- fications and diversity.
they are going to open a case on me. I timore City circuit judge and was In Maryland, our Federal bench is 50
have heard that the Attorney General elected in 2014 by the people of Balti- percent women, 50 percent men, 40 per-
is looking for parents who are problems more to a 15-year term. cent people of color. We appointed the
across the country, and so I don’t feel The circuit court is the State trial first African-American woman, the
comfortable going to a school board court of general jurisdiction in Mary- first person of Palestinian descent. We
meeting anymore because the U.S. At- land, covering both civil and criminal have a diversified, quality bench rep-
torney General may open a file on me. cases, and is the exclusive court for resenting the people of Maryland and
Now, that is a real conversation with jury trials, including felony trials— providing the justice the people of
a parent at home. similar jurisdiction to what the Fed- Maryland deserve.
So let’s find a way to be able to em- eral district court handles. So she has I urge my colleagues to vote in favor
power parents and do whatever we can. that experience. of the confirmation of Judge Julie
So I object. Judge Rubin brings tremendous expe- Rubin to be a U.S. district judge for
The PRESIDING OFFICER. The ob- rience to the courtroom as a sitting the District of Maryland.
jection is heard. Baltimore City circuit judge for nearly I yield the floor.
The Senator from Maryland. a decade. She has handled a substantial
Mr. CARDIN. First, I would ask con- f
and diverse caseload in our State court
sent that I be able to complete my in Baltimore, having served in the CLOTURE MOTION
brief remarks before the vote starts. civil, family, criminal, and general The PRESIDING OFFICER. Pursuant
The PRESIDING OFFICER. Without trial divisions, as well as serving on to rule XXII, the Chair lays before the
objection, it is so ordered. special assignments to the asbestos Senate the pending cloture motion,
NOMINATION OF JULIE REBECCA RUBIN docket. She previously served as a su- which the clerk will state.
Mr. CARDIN. Mr. President, I rise pervisory judge of alternative dispute The senior assistant legislative clerk
today in support of the confirmation of resolutions. She estimates that she has read as follows:
Baltimore City Circuit Court Judge presided over about 1,000 criminal and
CLOTURE MOTION
Julie Rubin to be a U.S. district judge civil cases that have gone to verdict or
for the District of Maryland. I rec- judgment, including both bench and We, the undersigned Senators, in accord-
ance with the provisions of rule XXII of the
ommended Judge Rubin, along with jury trials.
Standing Rules of the Senate, do hereby
Senator VAN HOLLEN, to President Judge Rubin is known as a judge’s move to bring to a close debate on the nomi-
Biden, and we strongly support her judge, in terms of her excellent tem- nation of Executive Calendar No. 683, Julie
nomination. perament, work ethic, and congeniality Rebecca Rubin, of Maryland, to be United
Judge Rubin has been nominated to with lawyers and litigants. She is States District Judge for the District of
fill the vacancy created when Judge known to be fair in judgment to all Maryland.
Ellen Hollander, appointed by Presi- litigants. She was selected to serve as Charles E. Schumer, Richard J. Durbin,
dent Obama in 2011, announced her in- a faculty member of the Judicial Col- Gary C. Peters, Edward J. Markey, Ben
lege and tasked with instructing newly Ray Luján, Martin Heinrich, Tammy
tentions to take senior status.
Baldwin, Jacky Rosen, Jeff Merkley,
President Biden nominated Judge appointed Maryland trial judges on ju- Raphael G. Warnock, Michael F. Ben-
Rubin for this position on December 3 dicial ethics and best courtroom prac- net, Tammy Duckworth, Angus S.
of last year, and the Judiciary Com- tices. King, Jr., Alex Padilla, Robert P.
mittee held her confirmation hearing Judge Rubin has continued to give Casey, Jr., Margaret Wood Hassan,
on December 15. Judge Rubin was fa- back to the community as an adjunct Patrick J. Leahy.
dlhill on DSK120RN23PROD with SENATE
vorably reported by the Judiciary Com- legal professor at the Maryland Law The PRESIDING OFFICER. By unan-
mittee on January 20 of this year by a School. She cochaired the Bench Bar imous consent, the mandatory quorum
bipartisan vote. Committee of the Bar Association of call has been waived.
She received a unanimous ‘‘well Baltimore City, served on the board of The question is, Is it the sense of the
qualified’’ rating from the American the Baltimore Metropolitan Chapter of Senate that debate on the nomination
Bar Association Standing Committee the Simon E. Sobeloff Law Society, of Julie Rebecca Rubin, of Maryland,
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