[Congressional Record Volume 162, Number 53 (Thursday, April 7, 2016)]
[Senate]
[Pages S1776-S1777]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FILLING THE SUPREME COURT VACANCY
Mr. REID. Mr. President, we can play around all we want with the
Supreme Court and what the Constitution says or doesn't say, but we
know that the Constitution says that the President shall--not may, but
shall--nominate Supreme Court Justices. He has an obligation. He has to
do that. The Constitution is also very affirmative: There has to be
advice and consent. That is what we are instructed in the Constitution.
It is a little strange how we can have from the Republicans advice
and consent when the vast majority of the Republicans won't even meet
with the man. They refuse to hold hearings and certainly to have a
vote.
So I don't know how anyone is reading the Constitution, but we need
to do our job. We are not doing our job when we don't hold hearings and
have a vote. We shouldn't be here talking about Supreme Court nominees
being far left or far right or moderate.
To show how off track this has gotten, 2 days ago the chairman of the
Judiciary Committee, the senior Senator from Iowa, gave a speech here.
Guess who he was attacking. Justice Roberts, the Chief Justice of the
Supreme Court. He said to the Chief Justice: Heal yourself. The Chief
Justice. Is there anyone in the world--anyone in the United States,
anyone in the legal field, anyone in the political field--who thinks he
is some kind of crazy liberal, John Roberts, who worked on the court
with Merrick Garland? They wrote opinions together. They agreed almost
90 percent of the time on their opinions.
So it is really too bad that now we are here with a Supreme Court
Justice--for the first time in the history of the country, because we
are in the final year of a Presidency, we are not going to do anything.
We are going to wait. In the meantime, justice will be delayed. We have
already had a significant number of tied, 4-to-4 decisions by the
Court, and, using the logic of the Republicans, this is going to go on
for another 18 months. So it is unfortunate that this has turned into
something that has never happened before.
They go back and keep repeating: The Biden rule. The Biden rule. The
Biden rule.
The year he gave that speech--and he gave a speech at Georgetown
University just a week ago saying: Read my speech. Read the whole
thing.
And what was the result of his action as chairman of the committee
that year? He brought nominations to the floor even though they didn't
get enough votes in the committee to be reported. The nominees lost in
the Judiciary Committee, but Biden brought them here anyway.
There was an op-ed written by one of my predecessors, former
Democratic leader George Mitchell, a stunningly good Senator from
Maine. He wrote that 2 days ago. It appeared in a Boston newspaper. He
said that when Clarence Thomas came before the Senate, he had lost in
the committee. He didn't get enough votes to be reported out of the
[[Page S1777]]
committee. Biden reported him out anyway: Bring him to the floor. Let's
have a debate.
That is what Senator Mitchell talked about. We had a debate. And he
had pressure. It wasn't tremendous, but he had pressure. People asked:
Why don't you filibuster him? He said: I am not going to filibuster.
Let's have a vote, and that is the way it used to be done. He had 52
votes. Could that have been stopped? Of course. Would the Court have
been better? Observers can make the determination themselves as to
whether we would be better off without Clarence Thomas on that Court.
But the fact is he could have been stopped easily, and it wasn't done.
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