Congressional Record, Senate — April 6, 2022, S2031
Summary
This is S2031 of the Congressional Record, Senate, April 6, 2022, with interleaved columns. It begins with the end of floor remarks by an unnamed Senator in support of Judge Jackson's nomination to the Supreme Court, citing her record as a Federal judge and public defender. Under the heading Motions to Instruct Conferees, Mr. Sanders says he will offer two rollcall votes on the competitiveness bill, one against providing $53 billion to the microchip industry without protections and one against a $10 billion bailout to Blue Origin, a space company owned by Jeff Bezos. Mr. Sanders argues that the government should not give corporate welfare to profitable corporations, with the views attributed to the speakers.
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“Congressional Record, Senate — April 6, 2022, S2031.”
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April 6, 2022 CONGRESSIONAL RECORD — SENATE S2031
And last year, President Biden nomi- have access to clean air is one of those nothing—zero—in Federal income taxes
nated Judge Jackson to serve on the issues, whether we have access to clean after making billions in profits; and, by
DC Circuit Court of Appeals, often- water, whether we have access to good the way, in a given year, Mr. Bezos
times referred to as our Nation’s sec- healthcare, whether women have the himself, one of the wealthiest people in
ond highest court. Yet again, she was right to make their own healthcare de- the country, has paid nothing in Fed-
confirmed by the U.S. Senate with bi- cisions. We need a Supreme Court that eral income taxes despite being worth
partisan support. stays above the political fray. We need nearly $200 billion.
During the decade that she served as a Supreme Court that calls ‘‘balls and Let me be very clear. Mr. Bezos has
a Federal judge, Judge Jackson estab- strikes,’’ as Chief Justice Roberts once enough money to buy a very beautiful
lished a track record as a consensus said—a Supreme Court that maintains $500 million yacht. It looks very nice to
builder, just like Justice Breyer. Dur- the trust of the American people as the me, not that I know much about
ing the decade that she served as a arbiter of a Constitution that protects yachts; but that one looks very nice.
Federal judge, Judge Jackson has been the civil rights of all Americans. Mr. Bezos has enough money to pur-
evenhanded and she has been impartial. Judge Jackson will bring a breadth chase a $23 million mansion with 25
During the decade that she has served and a diversity of experience to the Su- bathrooms. I am not quite sure you
as a Federal judge, Judge Jackson has preme Court not often seen. Judge need 25 bathrooms, but that is not my
ruled for and against the government, Jackson’s resume—Harvard; Harvard business—and here is that mansion. So,
in favor of prosecutors and for criminal Law; clerk to three Federal judges, in- no, count me in as somebody who does
defendants, and for both civil plaintiffs cluding Justice Breyer; a public de- not think that the taxpayers of this
and defendants. fender; U.S. Sentencing Commission country need to provide Mr. Bezos a $10
As Judge Jackson told our colleagues vice chairman; Federal district court billion bailout to fuel his space hobby.
on the Judiciary Committee recently, judge; and Federal Circuit Court When all is said and done, both of
she has, she said: judge—is evidence that she is among these motions are—the one on $53 bil-
a duty to decide cases based solely on the the most-qualified individuals in our lion for the microchip industry and $10
law, without fear or favor, prejudice or pas- country for this esteemed role. billion for Mr. Bezos—touch on an ex-
sion. Her character and her intellect are tremely important issue that is very
Judge Jackson is always guided by beyond reproach. She weathered a rarely discussed in the corporate media
our Constitution. And it is why she re- grueling confirmation process with or on the floor of the Senate, and that
ceived the support of judges nominated grace and dignity. is how we proceed—how we go forward
by Democrat and Republicans alike, by Let me close by noting that Judge with industrial policy in this country.
law enforcement and the civil rights Jackson’s nomination is proof that I should be very clear in saying I be-
community, and by Republicans and today in America one’s qualifications lieve in industrial policy. I believe that
Democrats in this body on multiple oc- and unrelenting work ethic earn you it makes sense on certain occasions for
casions. your spot, that public service is valued the government and the private sector
Now, these past few weeks, I heard and commitment to the principles that to work together in a mutually bene-
some of our colleagues on the other protect our country do mean some- ficial way to address a pressing need in
side of the aisle use this confirmation thing, that the sacrifices of one genera- America.
process to mention the unfairness to- tion slowly but surely make for a bet- Industrial policy, to me, means co-
ward past nominees. Well, every one of ter America for the next generation. operation between the government and
these nominees—every nominee that So count me among the millions of the private sector—cooperation. It does
they referred to received a hearing and Americans who are inspired by Judge not mean the government providing
a vote. The same cannot be said of Jackson’s life story, a uniquely Amer- massive amounts of corporate welfare
Merrick Garland, former chief justice ican story that provides proof that our to extremely profitable corporations
of the DC Court of Appeals who was Nation can be made more perfect over without getting anything in return:
nominated by former President Obama time. Here is your check. Do what you want.
to serve on the Supreme Court. Judge And it brings this Senator from Dela- Have a nice day.
Garland did not receive a hearing. ware, who grew up in Danville, the last In other words, will the U.S. Govern-
Judge Garland did not receive a vote capital of the Confederacy, into a much ment develop an industrial policy that
because our colleagues on the other different America. It brings me great benefits all of our society or will we
side of the aisle decided to invent a joy to be able to cast a vote for Judge continue to have an industrial policy
new rule, and most of them even re- Ketanji Brown Jackson to serve as an that benefits just the wealthy and the
fused to meet with Merrick Garland, Associate Justice on the Supreme powerful?
one of the finest servants I have ever Court of the United States. In 1968, Dr. Martin Luther King, Jr.,
known. And this shameful blockade led And with that I yield the floor. said:
to what many Americans, myself in- The PRESIDING OFFICER. The Sen- The problem is that we all too often have
cluded, view as a stolen Supreme Court ator from Vermont. socialism for the rich and rugged free enter-
seat, a permanent stain on this body’s MOTIONS TO INSTRUCT CONFEREES prise capitalism for the poor.
reputation and a reduction in the Su- Mr. SANDERS. Mr. President, I look I am afraid that what Dr. King said
preme Court’s credibility. forward to offering two rollcall votes 54 years ago was not only accurate
Then 4 years later, our colleagues on on motions to instruct conferees to the back then but is even more accurate
the other side of the aisle broke their so-called ‘‘competitiveness’’ bill based today.
own precedent and invented yet an- on the assurances given to me by the We hear a lot of talk around here
other new rule to confirm a Supreme majority leader. I am not quite sure about the need to create public-private
Court Justice 8 days—8 days before when we are going to get to that, but I partnerships. That all sounds very
election day, when tens of millions of look forward to offering those two roll- good, but when the government adopts
ballots had already been cast. call votes. an industrial policy that socializes all
And while I will never forget this The first motion would instruct the of the risk and privatizes all of the
truly shameful behavior, this week we conference committee not to provide profits, whether it is handing the
have a chance to move away from poli- $53 billion to the highly profitable microchip industry a $53 billion blank
tics. We have a chance to place an ex- microchip industry without protec- check or giving Mr. Bezos a $10 billion
tremely well-qualified nominee to the tions for the American people. bailout to fly to the Moon, that is not
Supreme Court and to do so with the The second motion would instruct a partnership. That is the exact oppo-
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support of Senators from both sides of conferees not to provide a $10 billion site of a partnership. That is corporate
the aisle. bailout to Blue Origin, a space com- welfare. That is crony capitalism.
In the end, the American people need pany owned by Jeff Bezos, the second- Each and every day, I have heard my
to trust the Supreme Court to make wealthiest person in America, who is Republican colleagues and some cor-
decisions on questions that impact also the owner of Amazon. Amazon is a porate Democrats blame inflation on
every single American: whether we company which, in a given year, pays runaway government spending. In fact,
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S2032 CONGRESSIONAL RECORD — SENATE April 6, 2022
one of my colleagues in the Democratic while the taxpayer gets nothing in re- nies not to buy back their own stock,
caucus has even suggested that we need turn. not to outsource American jobs, not to
to take a strategic pause when it I suspect five major semiconductor repeal collective bargaining agree-
comes to making urgent Federal in- companies will likely receive the lion’s ments, and to remain neutral in any
vestments in childcare, healthcare, share of this taxpayer handout. They union-organizing efforts.
education, affordable housing, paid are Intel, Texas Instruments, Micron Again, this is not a radical idea. All
family and medical leave, and home Technology, GlobalFoundries, and of these conditions were imposed on
healthcare—policies that would sub- Samsung. These five companies that companies that received funding from
stantially improve the lives of the are in line for a $53 billion bailout the CARES Act, and that passed the
American people. Well, you know what made over $75 billion in profits last Senate by a vote of 96 to 0.
I believe. I believe that maybe—just year. The second motion that I have intro-
maybe—the time has come to take a The company that will likely benefit duced touches on an issue that we have
strategic pause when it comes to pro- the most from this taxpayer assistance very, very rarely discussed on the floor
viding tens of billions of dollars in cor- is Intel. I have nothing against Intel. I of the Senate. Unbelievably, the so-
porate welfare to some of the most wish them the very best, but let us be called competition bill would provide
profitable corporations and wealthiest clear: Intel is not a poor company. some $10 billion in taxpayer money to
people on this planet. Intel is not going broke—far from it. In Jeff Bezos, the second wealthiest per-
The American people are becoming 2021, Intel made nearly $20 billion in son in America, for his space race with
increasingly sick and tired of corpora- profits. We are talking about a com- Elon Musk, the wealthiest person in
tions making recordbreaking profits pany that had enough money to spend America. So we are looking at a space
while ordinary people struggle to pay over $14 billion during the pandemic race between the two wealthiest guys
outrageously higher prices for gas, for not on research and development but in America.
rent, for food. They are sick and tired on buying back its own stock to reward You know, when I was a young man
of the high cost of prescription drugs, its executives and wealthy share- a few years ago and Neil Armstrong
childcare, housing, groceries. They are holders. We are talking about a com- went to the Moon, I recall like yester-
sick and tired of CEOs making 350 pany that could afford to give its CEO, day the kind of incredible joy and pride
times more than the average worker Mr. Pat Gelsinger, a $116 million com- in this country because the United
while over half of our people live pay- pensation package last year. We are States of America did something that
check to paycheck. The American peo- talking about a company that could af- people never ever thought would be
ple are sick and tired of the wealthiest ford to spend over $100 million on lob- possible. Who would have dreamed of
people in our country and the most bying and campaign contributions over sending a man to the Moon? Extraor-
profitable corporations in some cases the past 20 years. Does it sound like dinary. The entire world, not only peo-
not paying a nickel in Federal income this company, as well as the others, ple in America, watched that event
tax. really needs corporate welfare? I don’t with bated breath. All over the world,
What does this so-called competitive- think so. TV sets were on on every continent on
ness bill do? Instead of addressing any Another company that would receive Earth. It was just an extraordinary ac-
of these issues, this bill provides $53 taxpayer assistance under this legisla- complishment for all of humanity.
billion in corporate welfare to the tion is Texas Instruments. Last year, That is what Neil Armstrong said when
microchip industry, with no protec- Texas Instruments made $7.8 billion in he stepped onto the Moon—that it was
tions for the American people, and a profits. In 2020, this company spent $2.5 not just for the United States—but we,
$10 billion bailout to Mr. Bezos. Now, billion in buying back its own stock of course, our Nation, took special
that may make sense to Mr. Bezos, and while it has outsourced thousands of pride because that was an American
it may make sense to other corporate good-paying American jobs to low-wage project.
leaders, but it does not make sense to countries and spent more than $40 mil- I worry very much that what we are
me nor do I think it makes sense to the lion on lobbying over the past 20 years. seeing now is not a space race between
American people. That is Texas Instruments. the United States and other countries
In terms of the microchip industry, And on and on it goes. as to which nation will return to the
the American people should know the So the first amendment that I would Moon or perhaps get to Mars but, rath-
truth. We are talking about an indus- like a vote on and expect a vote on er, a space race between Mr. Musk and
try that has shut down over 780 manu- would instruct the conference com- Mr. Bezos—the two wealthiest people
facturing plants in the United States mittee to prevent microchip companies in America—as to who will gain con-
and eliminated 150,000 American jobs from receiving taxpayer assistance un- trol over NASA and future space explo-
over the last 20 years as a result of less they agree to issue warrants or eq- rations.
moving their productions overseas. uity stakes to the Federal Govern- In other words, if we are able to ac-
They have shut down plants in Amer- ment. If private companies are going to complish the unbelievable, extraor-
ica and moved them overseas for cheap benefit from over $53 billion in tax- dinary goal of sending a person to
labor. payer grants, the financial gains made Mars, I want the flag that will be fly-
In other words, in order to make by these companies must be shared ing on that planet to be the flag of the
more profits, these companies closed with the American people, not just United States of America, not the flag
plants in America and hired people— wealthy shareholders. of SpaceX or Blue Origin.
sometimes at starvation wages—in In other words, all this amendment Let us be clear: The $10 billion in this
other countries, and now, believe it or says is that, if these investments turn bill for Jeff Bezos and his space com-
not, these very same people, these very out to be profitable as a direct result of pany, Blue Origin, is just the tip of the
same companies, are in line to receive these Federal grants, the taxpayers of iceberg. The reality is that the space
$53 billion in corporate welfare to lit- this country have a right to get a re- economy, which today mostly consists
erally undo the damage that they turn on that investment. of private companies using NASA fa-
caused. This is by no means a radical idea. cilities free of charge to launch sat-
Now, some of my colleagues make These exact conditions were imposed ellites into space, is already very prof-
the point that the microchip industry on corporations that received taxpayer itable and could become and will likely
is enormously important for our econ- assistance in the bipartisan CARES become even more so in the future.
omy and that we must become less de- Act, which, as you will recall, passed Bank of America predicts that by
pendent on foreign nations for the Senate 96 to 0. In other words, 2030, the space economy will triple in
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microchips. I agree. There is no argu- every Member of the U.S. Senate has size to $1.4 trillion. That is ‘‘trillion’’
ment about that. But we can and must already voted for the conditions that with a t.
accomplish that goal of breaking our are in this amendment. According to the most recent data,
dependence on foreign countries for In addition, this amendment would private corporations made over $94 bil-
microchips without simply throwing instruct the conference committee to lion in profits a year for goods or serv-
money at these huge corporations require these highly profitable compa- ices that are used in space—profits
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April 6, 2022 CONGRESSIONAL RECORD — SENATE S2033
that could not have been achieved She graduated with honors from Har- the International Association of Chiefs
without the assistance of NASA, a gov- vard Law School, where she edited the of Police. Both have endorsed her nom-
ernment Agency funded by the tax- Harvard Law Review. ination. They see what is obvious to
payers of America. After graduation, Judge Jackson anyone who fairly reviews her record,
And while we are talking about the worked at top firms in private practice which is that Judge Jackson has spent
profitability of satellites today—and and secured three prestigious clerk- her entire career devoted to the rule of
that is already a very profitable indus- ships, including one for Justice Breyer law.
try—sometime in the future—not next on the Supreme Court of the United Her brother and two uncles served as
year, not 10 years from now, but some- States. Later, she served as a public de- police officers. So law enforcement
time in the future—the real money fender, representing people who isn’t some academic abstraction for
may come to those who not only pro- couldn’t afford a lawyer. her. It is literally her family.
vide satellites but those who figure out I can’t think of better evidence of her The Presiding Officer knows some-
how to mine lucrative minerals or as- commitment to equal justice under the thing about that, I think, in his family
teroids. Does this sound like science law, where everyone, regardless of history as well.
fiction? It is not. This is exactly what their means, has the right to fair rep- In our meeting, I asked Judge Jack-
is being worked on right now, mining resentation. son what makes a good judge. We had
lucrative minerals on asteroids. Judge Jackson is clearly qualified for a long talk about that. One of the
In 2015, the famous astrophysicist, this position. There is nobody who things she said was communication, be-
Neil deGrasse Tyson, predicted: doubts that. My colleagues know it be- cause judges have to explain their rea-
The first trillionaire there will ever be is cause the Senate has confirmed her soning in every decision, which is a lot
the person who exploits the natural re- three times with bipartisan support: more than I can say for the U.S. Sen-
sources on asteroids . . . . There’s this vast first, to serve as Vice Chair of the U.S. ate.
universe of limitless energy and limitless re- Sentencing Commission; second, for She also said that it is the unique
sources. I look at wars fought over access to the U.S. District Court for the District role of the judge to identify and to ex-
resources. That could be a thing of the past, of Columbia; and, last, for the U.S. tract their bias before every case. And
once space becomes our backyard.
Court of Appeals for the DC Circuit. if you look at her more than 570 writ-
End of quote, Mr. deGrasse Tyson. Taken together, Judge Jackson ten decisions, it is clear how seriously
Who gets to own the resources dis- comes to this floor with the best legal she takes that responsibility.
covered by private corporations in training America can offer: a decade of I was just on the phone with some
space? experience on the Federal bench and a people from Colorado before I came
Well, as a result of a little-known consistent record of bipartisan support over here. And I said to them—I told
2015 SPACE Act that passed the Senate here on this floor. them I was coming out here to give
by unanimous consent with virtually I had the opportunity to meet with this speech. And I said to them—these
no floor debate, private corporations Judge Jackson 2 weeks ago, after she are old, old friends of mine—that I
are able to own all of these resources. had been rolled around in the barrel— can’t remember a time when I sat down
In other words, the taxpayers of this that is one way of saying it—during the with somebody and had a 30-minute
country will get a zero-percent return confirmation hearings that people all conversation where I came away more
on the investment they made in these over the country watched. And in our impressed than I was by Judge Jack-
private enterprises, which could turn conversation, after she had been son.
out to be unbelievably lucrative. through all of that turmoil, she told I found her to be both brilliant and
Is that what we want space explo- me about how her parents had attended completely down-to-earth, which is, I
ration to become? Do we really think segregated schools in Miami before think, a particularly important com-
that it is acceptable for NASA to hand working as public school teachers here bination for a judge at any level—at
out billions of dollars to some of the in Washington, DC. Her dad went on to any level—to have both the intellect to
wealthiest billionaires in America be a lawyer, a lawyer for the Miami grapple with the nuances of the law
today to make them even wealthier? Or school district, something I appreciate, and the experience to appreciate how it
do we want to use space exploration to having been a superintendent of affects real people.
benefit all of the American people and schools. It wasn’t that long ago that Judge
improve life here on the planet for ev- Unlike her parents, Judge Jackson Jackson would have received over 90
eryone? grew up in America after the civil votes on this floor, just like her men-
It is time that we had a serious de- rights laws of the 1960s and remem- tor, Justice Breyer, did; just like quali-
bate on the future of NASA, instead of bered how hard her parents worked fied judges when I was in law school
just handing out $10 billion to Mr. every single day to give her opportuni- myself. The Senate confirmed Justice
Bezos. ties they never even dreamed of for Breyer 96 to 3, just like we confirmed
Let me conclude by saying that I themselves. And she seized those op- Justice Scalia 98 to 0, and Justice San-
happen to believe and support space ex- portunities. She earned top grade. She dra Day O’Connor got 91 to nothing.
ploration. I think the benefits could be was elected student body president. Somebody was out that day. I guar-
extraordinary for the American people And when she told her guidance antee you they would have voted for
and for people all over the world. But if counselor she wanted to apply to Har- her if they had been here.
we continue down the path of vard, the counselor warned she Each time that happened, the Senate
privatizing space exploration, it also shouldn’t set her ‘‘sights so high.’’ For- reinforced the independence of the ju-
has the potential to make the ob- tunately for America, she set her diciary, set aside our partisan politics,
scenely rich even richer and more pow- sights high. She set her sights where and stood up, I think, for integrity and
erful than anyone can possibly imagine they should have been set. She followed for the rule of law.
today. In my view, we cannot and must the high example of her parents, work- I am sad. I am sad tonight that Judge
not allow that to happen. ing hard and impressing everyone Jackson won’t get 99 votes tomorrow,
I yield the floor. along the way, friends and colleagues even though she deserves it. And that
The PRESIDING OFFICER. The Sen- and mentors, who are virtually beating is not a reflection on her. As I said, if
ator from Colorado. down the doors of this Capitol to tell this were an earlier day in the Senate,
NOMINATION OF KETANJI BROWN JACKSON us what a thoughtful, fairminded, and she would get 99 votes. She would have
Mr. BENNET. Mr. President, I rise principled Justice she would be. gotten 99 votes if she had come in a dif-
tonight to support Ketanji Brown That hasn’t stopped some colleagues ferent era. It is a reflection of how we,
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Jackson’s nomination to serve as an from distorting her record, trying to as Senators—and I among them—have
Associate Justice on the U.S. Supreme say to the American people that she is shredded our constitutional responsi-
Court. soft on crime. That would come as bility to advise and consent.
Judge Jackson comes to this floor news, I think, to the Fraternal Order of It is my hope that by the time—I was
with impeccable credentials. She grad- Police, who has endorsed her candidacy going to say, when my children are
uated from Harvard magna cum laude. for the Court. It would come as news to adults; they almost are adults; they
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