[Congressional Record Volume 164, Number 115 (Tuesday, July 10, 2018)]
[Senate]
[Pages S4858-S4859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Brett Kavanaugh

  Mr. THUNE. Mr. President, there are a lot of things you need to know 
when you are considering voting on a candidate for Congress--for 
example, what are his or her views on healthcare, taxes, the military, 
the economy, the First Amendment? The list goes on and on. When it 
comes to judges, there are only two important questions: One, is this 
individual well-qualified, and two, does this person understand the 
proper role of a judge? Unlike legislators' opinions, judges' political 
opinions should be irrelevant because a good judge will leave his or 
her political opinions outside the courtroom door. A good judge knows 
that her job is to

[[Page S4859]]

judge based on the law and the facts, not political opinions or 
personal feelings.
  Supreme Court Justice Antonin Scalia, whom we lost in 2016, had this 
to say about the proper role of a judge:

       If you're going to be a good and faithful judge, you have 
     to resign yourself to the fact that you're not always going 
     to like the conclusions you reach. If you like them all the 
     time, you're probably doing something wrong.

  Current Supreme Court Justice Neil Gorsuch has said more than once 
that ``a judge who likes every outcome he reaches is very likely a bad 
judge.''
  Last night, the President nominated Judge Brett Kavanaugh to be the 
next Supreme Court Justice. This is another outstanding pick from 
President Trump. Like Justice Scalia and Justice Gorsuch, Judge 
Kavanaugh understands that the job of a judge is to interpret the law, 
not write it; to judge, not legislate; to call balls and strikes, not 
rewrite the rules of the game.
  His qualifications are outstanding. He is a graduate of Yale Law 
School. He clerked for a Supreme Court Justice. He is a lecturer at 
Harvard Law School. Most importantly, he has had an outstanding career 
as a judge on the DC Circuit Court of Appeals, where he has handed down 
thoughtful, well-reasoned decisions that reveal his deep respect for 
the law and the Constitution. His opinions have been endorsed by the 
Supreme Court more than a dozen times and are regularly cited by courts 
around the country.
  I am looking forward to sitting down with Judge Kavanaugh during the 
confirmation process. We are going to follow regular order on this 
nominee, just as we did with Justice Gorsuch. The Judiciary Committee 
will vet Judge Kavanaugh, and Senators of both parties will have the 
chance to sit down with him before the full Senate votes on his 
nomination this fall.
  Unfortunately, a number of Senate Democrats have already made it 
clear that they are going to make this process as partisan as possible. 
One Democratic Senator--the senior Senator from Pennsylvania--put out a 
statement yesterday announcing his intention to oppose the President's 
Supreme Court nominee before the President had even made his 
announcement. That is right--the Democratic Senator from Pennsylvania 
decided he wasn't even going to pretend to examine the nominee's 
qualifications. Instead, he announced his intention to oppose the 
nominee before he even knew whom he was opposing. That is, 
unfortunately, par for the course for the Democratic Party.
  If one thing has been clear since Justice Kennedy announced his 
retirement, it is that Democrats are not interested in a nominee's 
qualifications or commitment to the rule of law; they are interested in 
a nominee's political opinions. They are ready to disqualify any 
nominee who doesn't share their political views.
  Democrats' apparent belief that the only good judge is a judge who 
will use his role to advance their agenda is deeply disturbing. It 
betrays Democrats' failure to understand or their decision to ignore 
the fundamental purpose of the judiciary. Our judicial system was 
designed to secure the rights of citizens under the law, not to serve 
as the arm of a particular political party. Nobody's rights can be 
secure when judges start ruling based on political ideology instead of 
on the law.
  Fortunately for the rule of law, President Trump doesn't believe in 
nominating judges based on their agreement with his personal opinions. 
Instead, he believes in nominating judges who understand that their job 
is to rule based on the law and the Constitution. That is exactly what 
he has done with Judge Kavanaugh.
  I look forward to the process the Senate will undertake, starting 
with examining this judge's record, having hearings in the Judiciary 
Committee, and ultimately having a debate on the floor of the U.S. 
Senate and eventually a vote on this judge, this nominee's nomination 
to the Supreme Court.
  It is an important matter, one that the Constitution charges the 
Senate with and one that we need to take very seriously. I intend--as I 
hope most of my colleagues do--to give fair consideration to this very 
qualified nominee, to examine his record, have him answer the hard 
questions, and then to have an opportunity to vote up or down.
  Mr. President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. PETERS. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.