[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[Senate]
[Pages S6019-S6020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Amy Coney Barrett
Mr. CORNYN. Mr. President, yesterday I had the pleasure of meeting--
or should I say re-meeting--Judge Amy Coney Barrett, who has been
nominated, as we all know, to the U.S. Supreme Court, to the vacancy
left by the death of Justice Ruth Bader Ginsburg.
Over the last few days, Judge Barrett's nomination has been applauded
by people across the political spectrum--and for good reason. Her
background in practicing law and academia and on the Federal bench has
provided her with an unquestionable knowledge of the law. Much of the
praise has come from her colleagues who worked closely with her over
the years.
Marcus Cole, who is dean of the University of Notre Dame Law School,
where she teaches, said:
Judge Amy Coney Barrett is an absolutely brilliant legal
scholar and jurist. She is also one of the most popular
teachers we have ever had here at Notre Dame Law School.
A group of her former students have published a piece recently that
said:
While we hold a variety of views regarding how best to
interpret statutes in the Constitution, we all agree on this:
The nation could not ask for a more qualified candidate than
the professor we have come to know and revere.
We have also seen support for Judge Barrett from unlikely sources.
Harvard University Law Professor Noah Feldman clerked with Judge
Barrett at the Supreme Court more than 20 years ago. He was also a
prominent witness for Democrats during the impeachment process earlier
this year. But he has written an opinion piece titled ``Amy Coney
Barrett Deserves to Be on the Supreme Court.'' He wrote that he knows
her to be a ``brilliant and conscientious lawyer who will analyze and
decide cases in good faith, applying the jurisprudential principles to
which she is committed. Those are the basic criteria for being a good
justice. Barrett meets them and exceeds them.''
There is really no question that Judge Barrett has a brilliant legal
mind and deep respect for the Constitution and an unwavering commitment
to the law, but these qualities alone are not what set this exceptional
judge apart. Both Republicans and Democrats who have worked with Judge
Barrett throughout her career have spoken about her personal qualities,
like humility and integrity. These make her an ideal candidate for this
influential position.
A group of her former students wrote about the kindness that she has
shown to them, both in the classroom and during meals they shared at
her home. They said:
Her genuine interest in the personal lives of her students
outside the classroom, and the seamless way that she modeled
for all of us the integration of her professional and family
life, reinforces that there is more to life than the pursuit
of professional accolades.
She has certainly proven that to be the case. In addition to rising
to the very top of her field, Judge Barrett is a mother of seven
children ranging from the age of 8 to 19. Following her nomination on
Saturday, Judge Barrett credited her family's ability to balance her
and her husband's successful careers with the needs of their children
to the unwavering support of her husband Jesse, who is also an
accomplished attorney.
In every respect, Judge Barrett is an inspiring role model for young
people and I could say as the father of two daughters, of young women
in particular, who are pursuing their professional and personal
ambitions with equal vigor.
If confirmed, Judge Barrett--soon-to-be Justice Barrett--would become
the first mother of school-age children to serve as a Justice and only
the fifth woman throughout American history to serve on the U.S.
Supreme Court. Considering the woman whose seat she will fill if
confirmed, the significance of that fact cannot be overstated.
She would be the only current Justice with a degree from a law school
other than Harvard or Yale and bring much needed educational diversity
to the Bench.
I have always thought it bizarre that, among all the highly qualified
lawyers and judges in America, for some reason, it is overly populated
with people educated in the Northeast, on the coast.
On top of that, she would join Justice Thomas as the only Justice
born in the South and bring another perspective to the Court, whose
members largely hail from the coast.
If confirmed, Judge Barrett would bring an underrepresented view to
the Supreme Court. I know we would all be proud to have somebody like
her--a woman of such strong character--serving our Nation in this very
important capacity.
I want to commend President Trump for selecting this outstanding
nominee. I was glad to spend some time with her yesterday. She has an
unquestionable character, a brilliant mind, and the kind of temperament
needed to serve on the Court. I am eager for the American people to see
that for themselves as we begin the public confirmation process.
As we know, this is the second time Judge Barrett has appeared before
the Judiciary Committee in the last few years. It was 3 years ago when
the committee and the Senate confirmed her to her current position on
the Seventh Circuit Court of Appeals. However, there were some warning
flags.
During her confirmation hearing back then, 3 years ago, the Democrats
on the committee raised questions over Judge Barrett's strong Catholic
faith and questioned whether it would somehow disqualify her or impair
her ability to discharge her responsibilities.
One Senator went so far as to say: ``The dogma lives loudly within
you, and that's of concern.'' Another asked her whether she was an
``orthodox Catholic.'' Well, this statement and that insinuation were
discriminatory at best and unconstitutional at worst.
The Constitution itself includes that there is no religious test.
Article VI reads: ``No religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.''
This is not the first time somebody has been targeted for one's
Catholic faith. I was reminded of the speech that John Fitzgerald
Kennedy gave in 1960 in Houston, TX, to the Greater Houston Ministerial
Association. In addressing some of the explicit and implicit arguments
that somehow he would be beholden to the Vatican rather than be able to
discharge his responsibilities as President of the United States, he
pointed out, as a Catholic, it was not the only concern because, if
people would do that to a Catholic, why not do it to a Baptist or a
Muslim or a Jew?
[[Page S6020]]
He said:
For while this year it may be a Catholic against whom the
finger of suspicion is pointed, in other years it has been,
and may someday be again, a Jew--or a Quaker or a Unitarian
or a Baptist. It was Virginia's harassment of Baptist
preachers, for example, that helped lead to Jefferson's
statute of religious freedom. Today I may be the victim, but
tomorrow it may be you--until the whole fabric of our
harmonious society is ripped at a time of great national
peril.
He made the important point that seems so obvious that he shouldn't
have had to make.
He said:
I am not the Catholic candidate for president. I am the
Democratic Party's candidate for president, who happens also
to be a Catholic.
Finally, he said:
But if this election is decided on the basis that 40
million Americans lost their chance of being president on the
day they were baptized, then it is the whole nation that will
be the loser--in the eyes of Catholics and non-Catholics
around the world, in the eyes of history, and in the eyes of
our own people.
Throughout her career, Judge Barrett has impressed the brightest
legal minds with her deep understanding of the law and commitment to
judicial independence. She made it clear at her hearing 3 years ago
that she would be loyal to her oath, and that is to uphold and defend
the Constitution and laws of the United States.
It is clear, under the appropriate canons of judicial ethics, that if
for some reason a judge can't apply the law because of some personal
opinion or conviction, then one needs to disqualify oneself. President
Kennedy said that, if it violates your conscience and your faith and
you can't reconcile the two, you should resign.
Well, there is just no legitimate reason to question whether Judge
Barrett's religious beliefs would make her unfit to serve on the
Supreme Court, and I hope our colleagues on the other side will refrain
from, once again, imposing a religious test on Judge Barrett as we
consider her nomination.