[Congressional Record Volume 162, Number 79 (Wednesday, May 18, 2016)]
[Senate]
[Pages S2916-S2917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   FILLING THE SUPREME COURT VACANCY

  Mr. REID. Mr. President, again the senior Senator from Kentucky 
complains about the fact that the most senior member of the Senate, the 
ranking member of the Judiciary Committee, Senator Pat Leahy, is going 
to have a meeting today, and he has invited all the Judiciary Committee 
members to come--Democrats and Republicans. He has invited all Senators 
to come because he is going to have some witnesses testify about the 
importance of having a Supreme Court that is full of Justices--all 
nine. So that means full.
  Republicans won't come to that hearing, meeting. Call it whatever you 
want. They won't be there. No, they are blocking that, obstructing that 
like they have everything else.
  The American judiciary is in trouble, and that is why the ranking 
member of the Judiciary Committee is having this meeting today. To do 
its work, the U.S. Supreme Court needs nine Justices--not eight, not 
seven, but nine. But because of Senate Republicans' refusal to consider 
a senior judge on the DC Circuit--the second most influential court in 
the land--Merrick Garland, the Court is in trouble. The Court is short-
staffed. The Court doesn't have enough people to do its work. People--
we are talking about one person who has so much control over what goes 
on in the Supreme Court. But that person is not there.
  In recent weeks, the Supreme Court has deadlocked on many important 
cases and questions before it. For example, the day before yesterday, 
the Justices punted on two more cases, remanding both to lower courts. 
These actions were a clear indication the Court was tied 4 to 4. Due to 
the wisdom of the people on that Court, they decided it would be 
better, since they could not write the decision, to send it back to the 
lower courts and see if they could help work out the problems.
  Not having nine Justices is a serious problem. As was written 
yesterday in a New York Times editorial: ``Every day that passes 
without a ninth Justice undermines the Supreme Court's ability to 
function, and leaves millions of Americans waiting for justice or 
clarity as major legal questions are unresolved.''
  Litigants take their cases to the Supreme Court in search of justice. 
It often takes years to get to that Court. They seek resolution. They 
seek clarity, but because of Republicans' unprecedented obstruction, 
Americans have gained neither. They are not getting clarity, they are 
not getting resolution, and they are not getting justice. The problem 
is only going to worsen, and that is the sad part of it. Already, the 
stalemate has created long-term issues for our Nation's highest Court.
  This term, eight Justices on the Court have agreed to hear only 12 
cases its next term, which begins in October through January 2017. If 
the Court continues to accept or, I should say, not accept cases at 
this glacial pace, the next term will have Justices hearing fewer cases 
than has been heard by that Court in more than seven decades, 70 years. 
It stands to reason that Chief Justice Roberts and his colleagues are 
calling cases according to their ability to hear and process them. A 
gridlocked Court can't accomplish the same work as a fully staffed 
Court. It is not the Supreme Court's fault. The blame belongs to Senate 
Republicans for their blocking Merrick Garland's nomination. For 7\1/2\ 
years, Senate Republicans have blocked anything President Obama has 
proposed. Who is behind this? Rightwing organizations led by the Koch 
brothers. They want to keep it just the way it is. They want to keep 
this Court so it can't do its job.

[[Page S2917]]

  For 7\1/2\ years, Senate Republicans have blocked anything President 
Obama has proposed, including now a new Supreme Court Justice. Now, by 
preventing the Court from having nine Justices, Republicans are 
bringing gridlock in the legislative branch to the judicial branch. 
Previously, for the whole time Obama has been President, they were 
blocking what has gone on in the legislative branch. They have now 
broadened that to deadlock the Supreme Court. This is not acceptable. 
Justice delayed, we have heard, is justice denied, and that is 
certainly true. By bringing the Court to a standstill, Republicans are 
denying the justice all Americans deserve.
  There is still time for my Republican colleagues to do the right 
thing--fill the Supreme Court vacancy--but to do that they must begin 
to process Garland's nomination. His questionnaire is here. It is 
filled out. It is done. I wonder how many Republicans have even looked 
at it. Has there been any? Shouldn't there be a hearing? The reason 
Republicans don't want a hearing is they know that a hearing, public in 
nature, would show the American people and the world what a good man 
Merrick Garland is, what a good lawyer he was, and what a good judge he 
has been, but they have to start processing this. Republicans seem to 
be refusing anything dealing with him. I think they should attend the 
meeting today on the Garland nomination organized by Judiciary 
Committee Democrats, calling on the finest people we can find to tell 
us what is going on in the judiciary.
  My friend the Republican leader brings up Abner Mikva. Abner Mikva 
hasn't served in Congress in 40 years. He was a lawyer for President 
Clinton. We have been through quite a bit since then, but he has 
nothing else to refer to so he talks about Abner Mikva, who was going 
to come, who is not going to come. Do you think part of it can be he is 
more than 90 years old? Republicans should attend today's hearing.
  The Judiciary chair, Senator Grassley, should proceed with committee 
hearings. The American people deserve a full and transparent accounting 
of Merrick Garland's record and qualifications. After a hearing, of 
course we should move his nomination for a vote on the Senate floor. 
Every day that passes without confirmation, without a ninth Justice to 
serve on the Supreme Court, is another lost day for the Federal 
judiciary and American justice. Republicans claim their obstruction of 
President Obama's Supreme Court nominee is to give the people a voice, 
but their actions are doing just the opposite. Republicans are denying 
the American people the justice they deserve.
  For example, take the cases they referred back to the lower courts. 
They have already done it and litigants have waited years to get before 
the Supreme Court. Now, in effect, they have to start over. Republicans 
are denying the American people the justice they deserve--the justice 
we thought was guaranteed by the Constitution. So instead of silencing 
the Supreme Court and gridlocking our entire judicial system, 
Republicans should give the Court the ninth Justice it desperately 
needs.
  Focus has been on the Supreme Court, and it should be, but 
Republicans are doing the same thing with trial court judges. The 
Federal judiciary has many districts that have declared judicial 
emergencies. They don't have enough judges to do their work. 
Republicans are in a state of--the only thing they know to do very well 
is to block things. We, the American people, know we need to do 
something about the judiciary. Republicans should do their job and give 
Merrick Garland a hearing and a vote.
  Mr. President, my friend from South Dakota is here. I would ask the 
Chair, prior to the Senator being recognized, to tell us what the 
schedule is for today.

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