[Congressional Record Volume 166, Number 178 (Monday, October 19, 2020)]
[Senate]
[Pages S6051-S6052]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROTECT ACT--Motion to Proceed
Mr. McCONNELL. I move to proceed to Calendar No. 554, S. 4675.
The PRESIDING OFFICER. The clerk will report the motion.
The senior assistant legislative clerk read as follows:
Motion to proceed to Calendar No. 554, S. 4675, a bill to
amend the Health Insurance Portability and Accountability
Act.
Mr. McCONNELL. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Mr. SCHUMER. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Recognition of the Minority Leader
The PRESIDING OFFICER. The Democratic leader is recognized.
Nomination of Amy Coney Barrett
Mr. SCHUMER. Madam President, last week, the Republican majority on
the Senate Judiciary Committee concluded what can only be described as
a farcical set of hearings for a Supreme Court nominee. In the midst of
a pandemic, when several members of the committee majority were exposed
to or tested positive for the coronavirus or themselves were sick with
COVID-19 in the days immediately beforehand, hearings and an in-person
markup were conducted with virtually no regard for the risks.
No uniform testing protocol was put in place to protect all of the
people who had to be in that room. Why? Because the Republican majority
wanted to jam this nomination through before the election.
The chairman of the committee ignored the committee's quorum rules so
that he could conduct business without the participation of the
minority. Why? Because the Republican majority has decided to ignore
the rules, norms, and standards--even its own rules, even its own
standards--to get this nominee onto the bench.
Four short years ago, every member of the Committee on the Judiciary
said that we shouldn't approve a Supreme Court nominee in a
Presidential election year. Many refused even to meet with Obama's
nominee.
``Use my words against me,'' Chairman Graham said, in case a Supreme
Court vacancy opened up in the final year of his term. Lindsey Graham,
in talking about himself, said: ``Lindsey Graham says let's let the
next president [decide].''
But now the Republican majority's supposed principle that we
shouldn't approve Supreme Court nominees in election years has been
exposed as a farce. It is trying to confirm a Supreme Court nominee in
the middle of a national election. The Republican majority is running
the most hypocritical, most partisan, and least legitimate process in
the history of Supreme Court confirmations. Again, the Republican
majority is running the most hypocritical, most partisan, and least
legitimate process in the history--the long history--of Supreme Court
nominations.
And what of the nominee? She performed as nearly every Trump-
nominated judge has performed when nominated to the Supreme Court.
Essentially, she answered nothing--nothing of substance. Throughout the
week, the Committee on the Judiciary and the American people were
treated to the same practiced evasions that have become a hallmark of
these hearings.
According to Judge Barrett, the judicial standard of ethics that a
nominee ``shouldn't comment on cases that might come before the Court''
is an excuse so large that it applies to any question she might not
want to answer--even questions of basic legal fact. It produced an
absurd and stunning set of exchanges.
Judge Barrett would not say whether voter intimidation is illegal. It
very much is. Judge Barrett would not say whether Congress is empowered
to protect the right to vote. We certainly have that power. Judge
Barrett would not say if the President of the United States can
unilaterally change the date of an election. He cannot. She wouldn't
say a President should commit to the peaceful transfer of power, if
absentee ballots were a proper way to vote, or if Medicare and Social
Security were constitutional. She wouldn't even say that.
On the final day of her confirmation hearings, Judge Barrett refused
to say if climate change were real, because her answer might be
``politically controversial.'' Seriously? This nominee was unable to
confirm the existence of climate change? What is next--gravity? Is the
Earth round? To be fair, the Flat Earth Society might find that opinion
politically controversial.
These aren't matters of opinion. These are matters of law and matters
of fact. She is a sitting judge, and if the Republican majority gets
its way, she will be a Justice on the highest Court in the country,
but, apparently, the American people do not deserve to hear anything
about her views.
The principal thing we learned about Judge Barrett in her hearings
was she believes she doesn't have to answer any question that might
upset President Trump, but, of course, we do know that Judge Barrett
has a certain interpretation of our laws and the Constitution--one that
she wants to hide from the American people because it is so adverse to
what they believe.
President Trump swore that he would only nominate Justices to the
Supreme Court who would ``terminate'' the Affordable Care Act. Judge
Barrett herself harshly criticized Justice Roberts' decision to uphold
the law. Senator Hawley said, after his meeting with Judge Barrett, he
was satisfied she believes Roe v. Wade was not correctly decided. At
one moment in the hearings last week, Judge Barrett admitted she
considered Brown v. Board a superprecedent--outside the realm of legal
challenge--but that Roe v. Wade was not.
So, despite what the American people heard in the hearings last week,
Judge Barrett does have opinions; she does hold views. She has a track
record of criticizing the decisions that have upheld our healthcare
law. She has belonged to organizations and signed her name to
advertisements that have called for an end--an end--to a woman's right
to choose. Her judicial opinions express an extreme and rather bizarre
view of the Second Amendment. She believes that the government lacks
the power to forbid felons from owning guns--a view far to the right of
even Justice Scalia.
If Judge Barrett is confirmed, those views will matter a great deal
to Americans whose fundamental rights are on the line at the Supreme
Court--their right to affordable healthcare, to marry whom they love,
to join a union, to make private medical decisions with their doctors
and without government interference, to vote without first having to
jump through 15 hoops and do 20 somersaults.
The American people should make no mistake: If Judge Barrett becomes
Justice Barrett, every single one of their fundamental rights would be
at risk. Her views are so far away from what the average American
believes and would do so much damage to the fundamental structure and
comity of this country that I just hope and pray two Republicans will
see the light and realize that we should not nominate any nominee
before the election, which is 2 weeks and 1 day away
Coronavirus
Madam President, now, of course, instead of ramming through a Supreme
Court nominee in the most hypocritical of circumstances, the Republican
majority should be working with the Democrats on a real comprehensive
COVID relief bill.
Over the past few weeks, COVID-19 cases, unfortunately, have swelled
across the country. The United States reported 69,000 new cases last
Friday, with 10 States reporting their highest single-day totals ever.
Poverty is beginning to increase. Unemployment remains alarmingly high.
More than 6 million Americans missed their rent or mortgage payments in
September.
What we need right now is an emergency relief package with enough
resources to beat back this enormous crisis. Yet, Leader McConnell,
this week, will, once again, force a vote on a partisan, emaciated
COVID bill--so deficient and laden with poison pills that it is obvious
he designed it to fail. In the immortal words of Yogi Berra: ``It's
deja vu all over again.''
[[Page S6052]]
Leader McConnell tried the same stunt last month. It failed. Instead
of trying to work with the Democrats or increase the size of the relief
package to meet the needs--the desperate needs--of the American people,
Leader McConnell is back with the same sorry excuse for a bill. It
fails to include robust unemployment insurance, enough funding for
schools and universities, or funding for rental, housing, or nutrition
assistance. It does nothing for the census or our elections and
abandons State, local, and Tribal governments on the brink of
catastrophe. It doesn't include recent bipartisan legislation that
helps independent music and theater venues--the Save our Stages Act--or
bipartisan legislation to help our ailing restaurants. It is totally
inadequate when it comes to funding for testing and tracing, especially
given the new spike in cases and especially given the fact that a
second wave may be upon us. I hope and pray it isn't. It, once again,
includes the poison pill of all poison pills--a sweeping corporate
immunity provision that would shield corporations from accountability
if they put their workers in harm's way.
Let me be clear: The Republican proposal was unacceptable a month
ago, and it remains unacceptable now, even more so in that the crisis
has gotten even worse.
Remember, Leader McConnell has been clear that as many as 20
Republican Senators don't want to provide any more relief to the
American people. According to press reports, one Senator said: ``Not
another dime.'' Republican Senators gave their counterparts in the
White House an earful for even considering a bigger package of aid. So
this is not a serious attempt at pandemic relief. It seems to be
another attempt at giving the Republicans political cover before the
election.
Speaker Pelosi continues to negotiate with Secretary Mnuchin and the
White House in the hopes of finding a deal that would actually meet the
needs of the American people. Instead of repeating the same failed
partisan gambit, Leader McConnell should be working with the Democrats
and the administration on a proposal that actually has a chance of
making it through both Houses of Congress. The longer he waits, the
greater the cost to the American people.
Now, before I yield the floor, I want to be clear about one thing.
Because our Republican colleagues have made such a mockery of the
Supreme Court confirmation process, we are not going to have business
as usual here in the Senate. Tonight, I will move to bring up a vote
under the Congressional Review Act and force action on a resolution to
undo the Trump administration's gutting of the Community Reinvestment
Act. This is an important fight in its own right. We should be standing
up for critical civil rights laws, like the Community Reinvestment
Act--laws that help deliver opportunity and resources to communities of
color.
The Trump administration's rewrite of the rule not only undermines
core elements of the CRA, but it replaces past practices with
complicated requirements that would lead to less lending in communities
that need it most. I have fought too hard throughout my career to lift
up the protections of the CRA to stand idly by as the Trump
administration tries to tear them down.
The window to challenge this rule under the Congressional Review Act
closes today, so I will move to consider the resolution this evening.
Normally, we would work these votes out with the majority, but its
abuse of the Supreme Court process means we will not have business as
usual--not now, not until the Republicans stop their mad dash to
confirm a Supreme Court Justice mere days before a Presidential
election.
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