[Congressional Record Volume 159, Number 127 (Tuesday, September 24, 2013)]
[Senate]
[Pages S6697-S6698]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                         Continuing Resolution

  Mr. FLAKE. Mr. President, as we debate legislation to keep the 
government running, we should not be debating a budget number that is 
higher than the Budget Control Act asks for. Frankly, this is a 
statement that should not have to be said here on the Senate floor. Why 
would we even begin to consider a budget number that is some $20 
billion higher than the Budget Control Act? Have we somehow become 
flush with cash? I don't think so. Did we decide the way to run the 
country is to increase spending for a few months, only to have the 
sequester kick in, in January? Who are we kidding?
  We are not kidding most Americans. They justifiably wonder what we 
are doing. Once again we find ourselves on the brink of a showdown and 
a shutdown. It is the same old story but amid the back-and-forth 
between the two sides of the aisle, Americans do not see Congress 
getting serious about Federal spending. We failed to pass even 1 of the 
12 spending bills to responsibly fund the government for the fiscal 
year that starts in a few days. Had we taken up these bills in regular 
order, Members would have had the opportunity to review and consider 
our spending priorities. That is what people expect us to do here. 
Instead, we have procrastinated and put off the hard decisions like a 
bunch of teenagers putting off the pain of a term paper, but this has 
more serious consequences.
  Over the past several months the Senate could have voted on these 
bills, setting spending priorities while abiding by the $967 billion 
budget cap for the next year. Instead, we chose to go through the 
motions of preparing spending bills as if no spending limit existed, 
with the knowledge that these bills would never see the light of day. 
Now as we quickly approach the 1st of October, we are faced with either 
passing the continuing resolution with a pricetag of $986 billion, $19 
billion more than the law allows, or risking a government shutdown.
  The Senate should at the very least take up a spending resolution 
that respects the realities we face, one that respects the Budget 
Control Act, one that funds government at the $967 billion level for 
next year.
  If we pass a bill above the limit set by law, we will simply cause 
another round of sequester cuts in January. I am all for responsible 
sequester replacement legislation that brings down our national debt, 
but we cannot and should not weaken the law of the land, the Budget 
Control Act, that has locked in real and meaningful cuts in spending.
  As such, I hope the majority leader allows us to have a vote on a 
fiscally responsible continuing resolution. The majority leader has 
made clear his intention to amend the continuing resolution to address 
his concerns. A fair process would include affording other Members the 
same opportunity.
  Any process that yields a take-it-or-leave-it approach to funding 
government while ignoring spending caps that are the law of the land 
is, quite simply, irresponsible.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, what is the parliamentary situation?
  The PRESIDING OFFICER. The Senate is currently considering the Hughes 
nomination.
  Mr. LEAHY. Mr. President, the nomination of Todd Hughes to fill the 
judicial vacancy on the U.S. Court of Appeals for the Federal Circuit, 
which is an extremely important court. It is also an important 
milestone for the court. If confirmed, Mr. Hughes will be the first 
openly gay judge to serve on the Federal appellate court in our 
Nation's history. I am proud that the Senate has finally taken a 
historic step to break down another barrier to increase diversity on 
our Federal bench.
  Mr. Hughes has extensive experience on issues that come before the 
Federal Circuit. He joined the Department of

[[Page S6698]]

Justice in 1994 and, since 2007, has served as Deputy Director for the 
Commercial Litigation Branch of the Civil Division. Mr. Hughes earned 
his B.A. cum laude from Harvard and his J.D. with honors from Duke Law 
School. Upon graduating law school, he served as a law clerk to the 
Honorable Robert Krupansky of the United States Court of Appeals for 
the Sixth Circuit.
  Mr. Hughes' nomination was reported unanimously by the Judiciary 
Committee more than 2 months ago and could--and in my view should--have 
been confirmed within days. At a time when judicial vacancies are once 
again above 90, this kind of needless delay undermines the serious work 
we have to do to ensure the ability of our Federal courts to provide 
justice to Americans around the country. In addition to Mr. Hughes, we 
have 13 other Federal circuit and district nominees pending on the 
Executive Calendar. Of those nominees, 11 were reported by voice vote 
and there is no good reason to not confirm them today.
  The delays in confirming noncontroversial consensus nominees have a 
real life impact on the American people and the economy. It does not 
benefit anyone if litigants have their cases delayed for months and 
months because our Federal courts are understaffed. Americans are 
rightly proud of our legal system and the promise of access to justice 
and speedy trials that is embedded in our Constitution.
  Also critical to the functioning of our courts is doing all we can do 
to alleviate the harmful impact of sequestration. As we debate the 
continuing resolution to fund the Federal Government we must look to 
streamline wherever we can, but we should do so with care and not 
simply cut indiscriminately across the board. We have the benefit of 
the greatest justice system in the world for less than 1 percent of our 
entire Federal budget. Yet, we refuse to provide this coequal branch 
with the adequate resources it needs. Let us work to reverse the 
senseless cuts to our legal system from sequestration so we can help 
our coequal branch meet the Constitution's promise of justice for all 
Americans.
  I congratulate Mr. Hughes on what I expect will be an overwhelming 
vote in support of his confirmation. And I commend President Obama for 
his continued commitment to nominating highly qualified and diverse 
individuals.