[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3335-S3336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nominations and Border Security
Mr. THUNE. Mr. President, to borrow from Yogi Berra, it is deja vu
all over again in the Senate this week. Once again, the Senate is
taking up a lot of judicial nominations, and, once again, we will spend
a lot of time considering noncontroversial nominees.
Now my colleagues across the aisle have started to complain about the
Senate's focus on nominations. I am pretty frustrated myself, not
because we are considering these nominees--it is our constitutional
duty, after all--but because we are being forced to spend so much time
on their nominations, but that is what my Democratic colleagues have
obliged us to do.
Back in the day, most of the judicial nominees we are considering
would have been confirmed without the time-consuming cloture vote
process. By this point in President Obama's first term, Republicans had
required cloture votes on just three of President Obama's judicial
nominees--three, Mr. President.
Contrast that with today. As of June 5, Democrats have required
cloture votes on 76 of President Trump's judicial nominees--76 to 3.
Now, of course, some might leap to the conclusion that this is not
obstruction for obstruction's sake. They might assume that President
Trump has been nominating unqualified or deeply controversial
candidates for judicial office, and the Democrats have no alternative
but to obstruct and delay the nominations--except that is not the case
because Democrats have repeatedly made it clear that they have no
problem with many of the President's nominations by turning around and
voting for the same people they have obstructed.
That is right. Again and again, Democrats have voted in favor of the
very same nominees they have delayed. Take Monday and Tuesday's
confirmation votes on two nominees for district judge. Democrats forced
cloture votes on both nominees. Yet when it came time to confirm them,
Democrats turned around and supported the nominations. One nominee
received the support of 24 Democrats, including the Democratic whip,
while the other nominee was confirmed with the support of 39 Democrats,
almost the entire Democratic caucus.
Democrats aren't obstructing because they oppose all or even most of
President Trump's nominees; they are obstructing because they still
can't get over the 2016 election. It has been 2\1/2\ years since the
last Presidential election--2\1/2\ years. We are closer to the next
Presidential election than to the last. Yet Democrats still can't let
the 2016 election go.
I realize their preferred candidate did not win, and I realize they
are not fans of President Trump, but Democrats act like they are the
only people who have ever lost an election, like they are the first to
have to deal with a candidate they don't like.
To my Democratic colleagues across the aisle, I would like to say:
Welcome to life in our democracy. Welcome to life in a free country.
While it is never fun, sometimes your candidate is going to lose. That
is what happens when you have free elections.
I am not suggesting that Democrats should start rubberstamping every
item on the President's agenda. They have serious philosophical
disagreements with the President's policies, and it is right that they
should air them, but to reflexively oppose everything the President
says or does simply because he is the President is deeply
irresponsible. There are serious consequences to pointlessly delaying
nominees, such as backlogs in our court system or a government that
isn't functioning the way it should because of vacancies in leadership
positions.
There are even more serious and immediate consequences to obstructing
other measures. Right now, Democrats are holding up desperately needed
funding for the serious humanitarian and security crisis at our
southern border simply because it is the President making the funding
request. The security of our country and the well-being of tens of
thousands of immigrants are at stake, and Democrats are refusing to
address the situation because they don't like the President.
In the first 8 months of this fiscal year, nearly 411,000
unaccompanied children and families have crossed our southern border,
more than in any previous full year. Resources are stretched to the
breaking point. Shelters are overloaded, and providing adequate medical
care is becoming more and more difficult. Federal agencies are simply
running out of money. Money appropriated for the care of unaccompanied
children could run out by the end of this month. That means caregivers
for these children would have to work without pay, and private
organizations with Federal grants to care for these children would go
without their funding.
Democrats like to style themselves as the party of openness and
compassion, and yet they are willing to ignore a humanitarian crisis of
massive proportions out of political spite--not to mention the serious
security issue.
The Department of Homeland Security is being forced to divert
resources to deal with the humanitarian crisis pulling more than 700
Customs and Border Protection Officers from legal points of entry to
assist with the surge of migrants.
I don't think there is a Member in this body who wouldn't agree on
the importance of fully staffing our ports and cargo processing so we
don't create new vulnerabilities, but Customs and Border Protection is
left with little choice.
After 2\1/2\ years of unprecedented partisanship and obstruction from
Democrats, I would like to think that the Democrats would finally turn
their focus to the business of government. Unfortunately, I think it is
more likely that their obstruction will continue and that we will see a
lot more pointless delays when it comes to nominees
[[Page S3336]]
and more difficulty getting Democrats to work with us on legislation.
I do hope--I do hope Democrats can hold their relentless obstruction
long enough to provide humanitarian relief along our southern border
and to address the increasingly precarious security situation. It
doesn't seem like too much to ask.
I yield the floor.
The PRESIDING OFFICER (Mr. Lankford). The Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, I came here to make my climate
remarks, but I can't resist the opportunity--both as a Senator who
actually gets quite a lot of bipartisan legislation passed with my
Republican friends but also somebody who sits on the Judiciary
Committee--to point out that there actually are quite a few firsts
happening that I think help explain why the floor has become a
battleground for so many of these nominees.
One first has been that this is the first time, I think, in anybody
in the Senate's lifetime experience in which the blue slip is not
honored for circuit court judges, in which a judge on the circuit court
of appeals associated with the Presiding Officer's State of Oklahoma or
my State of Rhode Island--we get rolled. We do not have the ability to
approve or disapprove those judges. That is a long tradition of the
Senate summarily thrown out.
This is the first time, I think in the history of the United States,
in which the selection of judges is being done by a private group
funded with anonymous money. That is a very bizarre way to go about
picking judges. That is the way it is taking place right now. In fact,
the gentleman named Leonard Leo from the Federalist Society who is
doing the picking was admitted by Trump's legal counsel to have been
insourced for the selection process. That is a first. We never had a
private organization pick our Federal judges funded with anonymous
money.
Finally, there are some qualified appointees to the bench. I voted
for a considerable number, when I thought they were qualified. The
problem is, when the unqualified ones come through, they get stuffed
through just like anyone else. It is a rarity when we get somebody so
flagrantly unqualified as the lawyer who did not know what a motion in
limine was--a standard motion before any trial in a Federal court--had
no idea what it was. It was actually a Republican Senator who was able
to determine that and asked further questions because, frankly, it is
pretty astounding to want to be a trial judge and not know what that
is. So there have been some firsts, and if we could go back to where we
were beforehand, I think we would see a smoother process.