[Congressional Record Volume 163, Number 173 (Thursday, October 26, 2017)]
[Senate]
[Page S6836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           EXECUTIVE CALENDAR

  The PRESIDING OFFICER. The clerk will report the nomination.
  The bill clerk read the nomination of Trevor N. McFadden, of 
Virginia, to be United States District Judge for the District of 
Columbia.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. HELLER. Madam President, I rise to discuss an issue that is 
extremely important to me and to many of my colleagues on this side of 
the aisle--the issue of judicial vacancies. I came here to work and am 
honored to serve on behalf of the people of the State of Nevada who 
sent me to Washington. One of the most pressing issues I have found 
since being here is, all too often Members of Congress go home before 
their work is finished.
  Many of you here know the first piece of legislation I have 
introduced for the past two Congresses is my No Budget, No Pay Act. The 
concept is simple. If Congress can't pass a budget and all of its 
spending bills on time, then Congress itself shouldn't get paid.
  The Senate should apply the same concepts, in my opinion, to 
confirming judges. I commend our majority leader for bringing two more 
judges to the floor this week, but there is a lot more work to do. We 
need to work day and night to confirm those judges who are already on 
our calendar and have moved out of the Senate Judiciary Committee. The 
Senate has an incredible opportunity right now to confirm Federal 
judges who will uphold the Constitution. We should be here every day, 
for as long as we need, to ensure all judicial vacancies are filled.
  Our conference must be willing to work together in order to get the 
business of the Senate done. Right now, there are 149 judicial 
vacancies. Let me repeat that. There are 149 judicial vacancies, and 
the Senate has only confirmed 8 judges this session--149 vacancies, 8 
judges confirmed. That means, in 9 months, with well over 100 vacancies 
and over 60 judicial emergencies, we have only managed to confirm 8 
judges.
  The minority party has undercut the confirmation process of the 
administration's nominees and judicial appointments. When new 
Presidents are elected, they have always been given an opportunity to 
put their team in place in short order. Historically, this is not just 
common courtesy, it is an expectation of the American people to have a 
seamless transition of power, resulting in a functional Federal 
Government.
  One of the eight judges confirmed was Neil Gorsuch, who I am thankful 
now serves on the Supreme Court. Justice Gorsuch is an example of the 
type of judge we have the chance to put in place. As with Justice 
Gorsuch's confirmation, we need to do all that is necessary to fill 
these vacancies with great judges like him.
  President Trump has nominated many judges and has more to nominate. 
For those he has already nominated, it is our duty to carefully review 
these nominations and ensure that these judges are confirmed in a 
timely manner. We must be willing to put in as much time as needed, 
whether that means working weekends, canceling State work periods, or 
working all through the night to get these Constitution-loving judges 
confirmed.
  I know this is important to all of us, but we need to do better. Last 
week, I was a proud partner with Senator Perdue and several of my other 
colleagues in calling on the Senate to work 24/7 until we get our work 
done. We have a substantial list of important work to complete, 
including confirming the judicial nominees the President has sent us, 
passing tax reform, fixing our broken healthcare system, and funding 
the government. The American people elected us to complete these 
critical tasks. They elected us to deliver a simpler, fairer tax code 
and to make sure our Federal judiciary is fully occupied with judges 
whose sole purpose is to uphold the Constitution as it was written.
  To my fellow Senators, I am calling on all of us to do what the 
people have sent us to do and not let a light schedule stop us from 
fulfilling our duties. The American people don't go to work 4 days a 
week, and neither should we. This isn't France. We need to work a full 
workweek. We must make it clear to our constituents that we are 
fighting for the hard-working Americans every single day. Americans do 
what it takes to get the job done, and we should do the same.
  I yield back.
  The PRESIDING OFFICER. The Senator from Oregon.