[Congressional Record Volume 166, Number 181 (Thursday, October 22, 2020)]
[Senate]
[Pages S6385-S6386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Amy Coney Barrett
Mr. SCHUMER. Madam President, before I get into the substance of my
remarks, I will briefly redress the Republican leader.
He came on the floor and, with his typical vitriol, made all kinds of
accusations. The bottom line is McConnell is angry. Why? Because we
Democrats have exposed that he has defiled the Senate as an institution
more than any person in this generation and many generations, because
we Democrats have exposed the hypocrisy of holding up Merrick Garland
because it was 8 months before an election and rushing through Amy
Coney Barrett because it is ``something we can do.''
The bottom line is Leader McConnell, of course, doesn't like hearing
these things, but they are the truth, and they will live on in history.
The man who defiled the Senate, the man who created one of the greatest
hypocritical acts in the history of the Senate, sits in that chair.
Now, the Republican majority is steering the Senate toward one of the
lowest moments in its long history, and the damage it does to this
Chamber may very well be irrevocable.
After thwarting the constitutional prerogative of a duly elected
Democratic President to appoint a Supreme Court Justice because it was
an election year, the Republican majority is rushing to confirm a
Justice for a Republican President 1 week--1 week--before election day.
Four short years ago, all of our Republican friends argued that it
was principle--that is the world they used, ``principle''--to let the
American people have a voice in the selection of a Supreme Court
Justice because an election was 8 months away.
Those same Republicans are preparing to confirm a Justice with an
election that is 8 days away. What a stench of hypocrisy.
In the process, the majority has trampled over every norm, rule, or
standard that could possibly stand in its way. It ignored health
guidelines to conduct in-person hearings in the middle of a pandemic
after Republicans Members of the committee themselves had contracted
COVID.
It has broken longstanding Senate precedent. Never in the history of
the Senate has a Supreme Court nominee--a lifetime appointment--been
considered so close to an election. The Presiding Officer of the Senate
confirmed this yesterday in response to this Senator's inquiry. Never
in the history of the Senate has a Supreme Court nominee been confirmed
after July of an election year.
Before even we arrived at this sordid chapter, the Republican
majority broke the rules of the Senate to change the rules of the
Senate, lowering the number of votes required for a Supreme Court
nomination so that Republicans could confirm whomever they wanted.
They changed the rules of the Senate again to limit the amount of
time the Senate spends considering judicial nominations so they could
pack the courts with their rightwing appointees even faster.
It is a hallmark of democracy that might does not make right, but the
Republicans are blatantly ignoring this principle. Here, in Leader
McConnell's Senate, the majority lives by the rule of ``because we
can.'' They completely ignore the question of whether they should.
Morality, principles, value, consistency are all out the window.
Here, now, we have the culmination of this Republican majority's
systemic erosion of rules and norms in pursuit of raw political power:
a Supreme Court nominee who will be confirmed on a party-line vote
after the rules were changed to allow it, in complete contradiction to
the supposed principle
[[Page S6386]]
that the same party so vehemently argued only 4 years ago, 8 days
before an election in which the American people will choose exactly
whom they want to pick Supreme Court Justices for them.
This idea that because now the Presidency and the Senate are in one
party, the rule doesn't apply--they never said that when they blocked
Merrick Garland. It is fakery. It is, again, part of the house of lies
that is being built by the majority to rush a Supreme Court Justice
like this.
It is absurd. It is outrageous. It is a stain on this body and an
indelible mark on this Senate majority that will live in history. The
Senate Republican majority is conducting the most rushed, most
partisan, and least legitimate process in the long history of Supreme
Court nominations, and Democrats will not lend an ounce of legitimacy
to that process.
Today the members of the minority on the Judiciary Committee have
boycotted the markup of Amy Coney Barrett. The rules of the Judiciary
Committee require that two members of the minority be present in order
to conduct a markup.
True to form, Chairman Graham decided to break the rules to move
forward with a vote on Judge Barrett anyway--steamrolling over the
rules of the Judiciary Committee, just like Republicans have
steamrolled over principle, honesty, fairness, consistency, and decency
in their mad rush to confirm a Justice before the election. To
steamroll over rules--that is the mark of an autocratic society, not
the mark of a democracy, and the Republican majority is going along
with that kind of autocracy, the same kind exhibited by President
Trump. It is a shame that the principles of the Republican Party are
out the window.
Today, the Democratic seats on the dais in that committee room
remained empty. In their place were reminders of what is ultimately at
stake in this nomination--the fundamental rights of the American
people. In their place were photographs of Americans whose lives would
be devastated if Judge Barrett delivers the decisive vote to strike
down the Affordable Care Act, ripping away healthcare from tens of
millions of Americans and eliminating protections for 130 million
Americans with preexisting conditions.
You could imagine, alongside their faces, the faces of women who
cherish the right to make their own private medical decisions; the
faces of LGBTQ Americans who want to marry whom they love and not be
fired for who they are; the faces of American workers who are breaking
their backs to make ends meet, who need their union to help them get a
better wage; the faces of young people who know the planet is in peril
in their lifetimes.
I hope that when Republican members of the committee took their seats
this morning, they looked at those faces. They ought to think about
what this nomination means for them. I hope they actually took one
moment to think about what it says about their sham of a process that
Democrats were forced to take the extraordinary step of refusing to
participate.
While they may realize it or not--or they may not even care--the
Republican majority's monomaniacal drive to confirm this Justice in the
most hypocritical of circumstances will forever defile the Senate and
curtail the fundamental rights of American people for generations to
come.
To every one of my colleagues: History will remember what you have
done. Democrats will play no part in it.