[Congressional Record Volume 166, Number 165 (Wednesday, September 23, 2020)]
[Senate]
[Pages S5825-S5827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CORRECTING THE ENROLLMENT OF S. 2330

  Mr. BLUMENTHAL. Madam President, as if in legislative session, I ask 
unanimous consent that the Senate proceed to the immediate 
consideration of S. Con. Res. 46, which was submitted earlier today.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the concurrent resolution by title.
  The bill clerk read as follows:

       A concurrent resolution (S. Con. Res. 46) to correct the 
     enrollment of S. 2330.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. BLUMENTHAL. I further ask that the concurrent resolution be 
agreed to and the motion to reconsider be considered made and laid upon 
the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The concurrent resolution (S. Con. Res. 46) was agreed to.
  (The concurrent resolution is printed in today's Record under 
``Submitted Resolutions.'')
  The PRESIDING OFFICER. The Senator from Rhode Island.


                Remembering Justice Ruth Bader Ginsburg

  Mr. REED. Madam President, I rise today to honor the life of Justice 
Ruth Bader Ginsburg and to express my grave concerns at rushing to fill 
this Supreme Court vacancy rather than focus on the pandemic and its 
health and economic devastation.
  The passing of Justice Ginsburg is a monumental loss for our country, 
but she will leave an indelible mark as a historic and brilliant 
jurist, civil rights trailblazer, and personal hero to countless 
people. We can all take inspiration from her stalwart and lifelong 
crusade for equality, shaped by her own struggles facing gender 
discrimination as a young lawyer, despite her outstanding education and 
obvious talent.


 =========================== NOTE =========================== 

  
  On page S5825, September 23, 2020, third column, the following 
appears: We can all take inspiration from her stalwart and 
lifelong crusade for equality, shaped by her own struggles facing 
gender discrimination as a young lawyer, despite her outstanding 
education.
  
  The online Record has been corrected to read: We can all take 
inspiration from her stalwart and lifelong crusade for equality, 
shaped by her own struggles facinggender discrimination as a young 
lawyer, despite her outstanding education and obvious talent.


 ========================= END NOTE ========================= 


  Notably, one of her first and most important rulings as a Supreme 
Court Justice was when she wrote the majority opinion that struck down 
the male-

[[Page S5826]]

only admissions policy at the Virginia Military Institute. In this and 
many other cases, Justice Ginsburg opened the door for generations to 
come and heralded a new era of equality so that those who were 
traditionally excluded and oppressed could truly partake in the 
American dream.
  Congress should honor Justice Ginsburg's legacy by grieving her loss 
with her family, her friends, and the rest of the Nation. More 
importantly, we should listen to the Justice's wish that the Court she 
loved and served so honorably should not be part of the election 
season. My sense is Justice Ginsburg recognized that, while the Court 
has become more political over time, filling her seat a month or so 
before an election would do incredible harm.
  Some say we need nine Justices. They certainly didn't feel that way 
about Justice Scalia's open seat. Rushing here seems unnecessary, shows 
a disregard for history, and shows a lack of faith in the American 
people's choice in November, but it appears they will not be thoughtful 
and wait. Instead, it is full steam ahead.
  I am angered and saddened that my colleagues on the other side of the 
aisle are choosing to ram through a nominee who they know will not get 
broad support. While this is no different than their agenda over the 
last 4 years, the timing and circumstances could be not more startling 
or revealing as to their true priorities of power and stacking the 
deck.
  My colleagues have been rushing to issue statements pledging their 
support for a Supreme Court nominee that President Trump has not even 
nominated. However, in the 4 months since the Heroes Act passed the 
House, they have not been able to muster any urgency to help the 
millions affected by the COVID pandemic. Indeed, my colleagues on the 
other side of the aisle keep bidding down the amount of assistance they 
want to provide.
  Public health experts and economists alike have been sounding the 
alarm for weeks about what will happen if Congress does not provide 
further assistance. They warned that, without resources for testing, 
contact tracing, and other critical public health interventions, the 
case counts and deaths will only increase. They warned that, without 
rental, unemployment, and food assistance, evictions would skyrocket 
and households with children will go hungry. They warned that States 
would have to resort to deep budget cuts and layoffs without additional 
aid.

  My Republican colleagues disregarded these warnings even as COVID-19 
numbers continued to climb and even after the pandemic unemployment 
assistance and Paycheck Protection Program expired. They looked for 
excuses not to act, only pausing to bring up their so-called skinny 
bills, which fell woefully short of providing the help that is needed 
for families, businesses, and the States.
  Due to the Trump administration's mismanagement and Republicans' 
inaction, much of what these experts predicted is already happening, 
and we continue to pass grim milestones signaling that we have failed 
to contain the virus and to adequately mitigate the economic fallout.


 =========================== NOTE =========================== 

  
  On page S5826, September 23, 2020, second column, the following 
appears: Due to the Trump administration mismanagement and 
Republican inaction, much of what these experts predicted is 
already happening, and we continue to pass grim milestones 
signaling that we have failed to contain the virus and to 
adequately mitigate the economic fallout.
  
  The online Record has been corrected to read: Due to the Trump 
administration's mismanagement and Republicans' inaction, much of 
what these experts predicted is already happening, and we continue 
to pass grim milestones signaling that we have failed to contain 
the virus and to adequately mitigate the economic fallout.


 ========================= END NOTE ========================= 


  More than 200,000 people have now died, and the Department of Labor 
reports that nearly 30 million people are on unemployment. Despite the 
overwhelming need, Republicans seem eager to move on and shift all of 
their attention to filling a Supreme Court seat in as little time as 
possible.
  They want to do it in a way that has never been done before. While 
other vacancies have arisen in an election year, the history is clear: 
The Senate has never confirmed a nomination to the Supreme Court this 
close to a Presidential election. Yet it is looking more like 
Republicans want to barrel ahead and deny the American people a chance 
to weigh in.
  We have to ask ourselves: Why? One answer is easy: healthcare. My 
colleagues on the other side of the aisle, along with President Trump, 
had complete control of Congress and the White House for 2 years, and 
after spending 7 years saying that they would repeal the Affordable 
Care Act, they tried with all of their might to do just that. What they 
didn't anticipate was that the American people would turn against that 
effort.
  In 2017, I heard from countless constituents, writing and emailing 
me, calling my office, approaching me at the grocery store and around 
Rhode Island, telling me about how the ACA had benefited them and their 
families and urging me to do everything in my power to stop the 
Republican effort to repeal the law. I was not alone in this. I know my 
colleagues on both sides of the aisle were hearing similar concerns 
from their constituents.
  President Trump and congressional Republicans did not expect that 
they wouldn't be able to convince everyone in their party to go along 
with this scheme.


 =========================== NOTE =========================== 

  
  On page S5826, September 23, 2020, second column, the following 
appears: President Trump and congressional Republicans did not 
expect that they wouldn't be able to convince everyone in their 
party to go along with the scheme.
  
  The Record has been corrected to read: President Trump and 
congressional Republicans did not expect that they wouldn't be 
able to convince everyone in their party to go along with this 
scheme.


 ========================= END NOTE ========================= 


 As we all remember, late one night in July 2017, while voting on the 
  Republican TrumpCare bill, my friend and my chairman, Senator John 
McCain, shortly before his death, courageously stood up and gave their 
  proposal a thumbs-down, saying enough was enough.The following year, 
the American people swiftly voted many Republicans out of office, 
handing control of the House of Representatives to Democrats, largely 
because of healthcare. Democrats won by vowing to protect the ACA for 
the American people.
  So, now, President Trump and congressional Republicans are counting 
on the courts to overturn the ACA for them. They have spent the last 3 
years stacking the courts with judicial nominees who they think will 
rule against the ACA, regardless of the facts or merits of the case.
  With the passing of Justice Ruth Bader Ginsburg, they have their 
opportunity to add another anti-healthcare Justice to the Supreme 
Court, just days before the Court will begin arguments on the Trump 
administration's lawsuit to repeal the ACA.
  What is worse is that they are not going to wait until the election 
to pursue this because they know the American people do not agree with 
them and they can't take the chance that they will lose the election 
and, along with it, their opportunity to take healthcare coverage away 
from millions of Americans.
  Republicans' fervor to fill a Supreme Court vacancy goes beyond 
dismantling affordable healthcare and denying healthcare to those with 
preexisting conditions. They are counting on a conservative 
supermajority on the Supreme Court to accomplish many of their extreme 
conservative goals, which they know the majority of the American people 
do not share.
  This will endanger so many of the rights that Americans have fought 
for decades to win. It could mean making our country less democratic by 
gutting what is left of the Voting Rights Act. It could mean 
overturning the right of women to make their own reproductive 
healthcare decisions, in consultation with their doctors, and the 
rights of LGBT individuals to live free of discrimination. It could 
include stripping away environmental protections, which will become all 
the more important as climate change wreaks havoc in our communities.
  How these and many other issues are decided by the Supreme Court for 
the next several decades is hanging in the balance. That Republicans 
want to speed through their nominee shows not only their disdain for 
the will of the American people but, also, their lack of confidence 
that voters support these policy goals and those who wrongly espouse 
them.
  The only good that may come of this is that the American people will 
gain an even clearer understanding of what is at stake. The American 
public now has a clear choice, and I have no doubt that it will make 
the right one. They can see and understand what Majority Leader 
McConnell is doing.
  At the very time the majority leader should be joining with us to 
protect the health of the American people in the midst of so much 
suffering and needless death during this pandemic, they are, instead, 
undertaking a misguided and unjustifiable effort to ram through a 
Supreme Court nomination. While I have little belief that Majority 
Leader McConnell will change his plans, I would hope that my colleagues 
would take a moment and look at where we are. We can debate how we got 
here, but right now the matters before us are profound. I hope a few in 
the majority decide to reconsider and take a step back from their 
maximalist power theory and leave this issue to the next session.
  Until then, I will do everything I can to honor Justice Ginsburg and 
her

[[Page S5827]]

life's work for what is right and what is fair. We will demand justice 
for the American people to make sure that their voices are heard.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________