[Congressional Record Volume 164, Number 114 (Monday, July 9, 2018)]
[Senate]
[Page S4832]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               Filling the Upcoming Supreme Court Vacancy

  Mr. McCONNELL. Mr. President, ``sexist,'' ``a disaster for women,'' 
``totally unacceptable''--these are just a few of the ad hominem 
attacks the far-left special interest groups hurled at a Federal 
circuit court judge whom a Republican President nominated to the 
Supreme Court. The name of the Federal judge--Anthony Kennedy.
  After President Reagan nominated then-Judge Kennedy to the Court in 
1987, these far-left special interest groups impinged his character. 
They cooked up apocalyptic warnings about all of the terrible things 
that would happen to Americans if he were to be confirmed to the Court. 
Of course, the American people didn't buy it, and a majority of 
Senators saw through the hyperbole and hysteria and confirmed that 
qualified nominee. Believe it or not, the sky didn't fall, but decades 
later, our Democratic colleagues still haven't tired of crying wolf 
whenever a Republican President nominates anyone to the Supreme Court. 
We have seen this same movie time after time.

  Less than 3 years after Justice Kennedy's confirmation, President 
Bush nominated David Souter to the Supreme Court. Guess what leftwing 
pressure groups said about David Souter right after President Bush 
selected him. That is right, the very same things we are hearing today. 
The same things you have heard from these same corners about every 
Supreme Court nominee named by a Republican President.
  One organization proclaimed that Justice Souter might ``undo the 
advances made by women, minorities, dissenters and other disadvantaged 
groups.''
  That was about Justice Souter.
  Back in 1975, they assailed the nomination of John Paul Stevens. They 
said he lacked impartiality and opposed women's rights. That is what 
was said about John Paul Stevens. So these far-left groups have been at 
these same scare tactics for over 40 years. The consistency is really 
quite amazing. Decade after decade, nominee after nominee, the far-left 
script hardly changes at all.
  Anyone and everyone the Republican President nominates to the Supreme 
Court is some kind of threat to the public, according to the hysterical 
press releases that inevitably follow. No matter their qualifications, 
no matter their record, no matter their reputation, it is the same 
hyperbole, the same accusations, the same old story.
  Tonight, President Trump will announce his nominee to fill the 
current Supreme Court vacancy. We don't know whom he will name, but we 
already know exactly what unfair tactics the nominee will face. They 
will not be new, and they will not be warranted. We can expect to hear 
how they will destroy equal rights or demolish American healthcare or 
ruin our country in some other fictional way.
  Justice Kennedy's resignation letter had barely arrived in the 
President's hands before several of our Democratic colleagues began 
declaring their blanket opposition to anyone and all--anyone the 
President might name. One Democratic Senator stated she would resist 
any attempt to confirm any nominee this year: ``It doesn't matter who 
he is putting forward.'' It doesn't matter who.
  Earlier today, just today, another Democratic Senator issued a press 
release declaring preemptively that he plans to oppose whomever the 
President nominates tonight, no matter who they are.
  Another of our Democratic colleagues offered this assessment: ``We 
are looking at the destruction of the Constitution of the United States 
as far as I can tell.''
  It is hard to keep a straight face when you hear stuff like that. 
There is not even a nominee yet. Justice Kennedy just announced his 
retirement, and they are talking about the destruction of the 
Constitution? Please, give the American people some credit. This far-
left rhetoric comes out every single time, but the apocalypse never 
comes.
  Americans see beyond this far-left fearmongering they have tried over 
and over again for 40 years, and Senators should do the same. We should 
evaluate this President's nominee fairly based on his or her 
qualifications, and we should treat the process with the respect and 
dignity it deserves.
  The Judiciary Committee under the able leadership of Senator Grassley 
will hold hearings, and the nomination will come to the full Senate for 
our consideration. One more round of 40-year-old scare tactics will not 
stop us from doing the right thing.
  The PRESIDING OFFICER (Mrs. Ernst). The Senator from Florida.
  Mr. NELSON. Madam President, I would just say to my friend the 
majority leader, that is exactly what I intend to do--to be fair, 
respectful, and talk with and have a conversation with the nominee and 
then exercise my judgment of what is in the best interest of the 
country as well as my State of Florida.