[Congressional Record Volume 166, Number 183 (Saturday, October 24, 2020)]
[Senate]
[Pages S6427-S6428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Amy Coney Barrett
Mr. CORNYN. Mr. President, on Thursday, the Senate Judiciary
Committee advanced the nomination of Judge Amy Coney Barrett
unanimously. It was unanimous because our Democratic colleagues sought
to boycott the meeting. But what they basically did was expedite
consideration of her nomination.
It was really kind of puzzling to see the chairs that were set aside
for our Democratic colleagues filled with large, blown-up pictures, and
I will sort of get to that in a moment, the false narrative that we
have seen here because our colleagues cannot successfully attack the
character or the qualifications of this incredible nominee to this seat
on the Supreme Court.
Judge Barrett discussed everything from the separation of powers to
the free expression clause of the First Amendment. Many of us marveled
at her knowledge and her ability to recall facts and legal decisions
without so much as even a note in front of her.
It is no surprise that the American Bar Association, which the
minority leader has called the gold standard, gave her their highest
rating.
The chair of the Standing Committee on the Judiciary said: ``[I]n
interviews with individuals in the legal profession and community who
know Judge Barrett, whether for a few years or decades, not one person
uttered a negative word about her character.''
That assessment is in line with the glowing letters of support we
have seen from her former colleagues and students whose political
philosophies and beliefs fall across the entire political spectrum.
What we have repeatedly heard is about Judge Barrett's brilliance,
her strong character, her great temperament, and her impressive
humility. Judge Barrett, I am convinced, will serve our Nation well in
the Supreme Court.
It is clear that the mountains of evidence stand in sharp contrast to
the portrait our colleagues across the aisle have attempted to paint of
this nominee. Democrats have tried to claim that she is somehow ``too
radical,'' despite the fact that in her 3 years on the Seventh Circuit
Court of Appeals, she has agreed with her colleagues 95 percent of the
time in the 600 cases they have decided.
Back in 2017, when she was nominated to the Seventh Circuit, she was
attacked explicitly because of her Catholic faith, even though our
colleagues know that under the Constitution, no religious test is
permissible, really suggesting that because of her faith, she couldn't
follow her oath to decide cases on the facts and the law that come
before her--truly insulting and completely out of character with the
person we saw in Judge Barrett in front of the Judiciary Committee.
Our colleagues even went so far as to hold up a chart with more than
100 cases listed and claimed that Judge Barrett would overturn every
single one of those precedents. There is certainly no evidence of that.
Nothing in the record would suggest it. With her fidelity to the law,
do you think she would be so reckless? Well, of course not. There is
just no evidence to support it.
But we know that because they couldn't attack her on the merits, they
decided to use fearmongering instead. Through innuendo, misinformation,
and intellectually dishonest arguments, they have been trying to stoke
fears about how she may rule on a case she has not even heard yet. This
is sort of a sky-is-falling argument, a Chicken Little argument.
It really has more to do with the way our Democratic colleagues view
the judicial branch. They view it as another political branch, as
opposed to an apolitical branch that is supposed to interpret the law
and the facts and decide cases on their own merits.
Instead of addressing her judicial philosophy, our Democratic
colleagues eagerly shared their plan, should she be confirmed, to pack
the Supreme Court with additional Justices to give them the political
results they cannot achieve with the current composition of the Court.
This is something that Ruth Bader Ginsburg explicitly condemned,
saying that this would turn the Supreme Court into just another
political body. You can imagine if Democrats, when they are in power,
decide to add additional judges who may decide cases in the way they
would like to see them decided, the temptation would be great for the
other side of the aisle to add judges to the Supreme Court. It would
completely destroy what has been rightly called the crown jewels of our
Constitution, and that is our independent judiciary.
For many Americans, the idea of mutating our only apolitical branch
of government is absolutely terrifying. So, not surprisingly, our
colleagues across the aisle have tried to rebrand and call this
rebalancing the Court. Back home, this is what we call putting lipstick
on a pig.
Using words like ``rebalance'' is a way to obscure, really, what
their goal is. They want to seize what they view as an unaccountable
body and use it to secure wins they can't win in the rough and tumble
of the legislative process. If you can't win an election, if you can't
win a vote in Congress, well, get the Supreme Court, get the judiciary
to bail you out. That is not the appropriate role of judges or the
judiciary under our Constitution.
Our Democratic colleagues seem absolutely fearful about judges who
will actually apply the law as written. They want somebody to impose a
result that they wish were required.
They want judges to evaluate cases not by the letter of the law but
through the same lens of personal and political biases. In short, they
don't really want a fair and impartial judge
[[Page S6428]]
like Judge Barrett. They want a guaranteed result.
Our Democratic colleagues repeatedly pushed Judge Barrett to say how
she would rule on future cases. They asked her to share her personal
views on controversial issues. They demanded a commitment from her to
recuse herself from specific cases. But, once again, Judge Barrett
proved why she is the right person for this job. She followed the
precedent set by former and current Justices and respectfully refrained
from answering those sorts of provocative questions.
Contrary to what our Democratic colleagues believe, Supreme Court
Justices are not life-tenured superlegislators. They are obligated to
apply the law as written--no favors, no biases, no predetermined
outcomes. That is what Judge Ginsburg said when she was confirmed, and
that is why it is so important to confirm Amy Coney Barrett.
She has artfully demonstrated her understanding of the role of the
judiciary and shown she has the temperament, the intellect, and the
experience to serve on the Nation's highest Court.
She won't impose her personal beliefs. She said that time and again.
And to suggest that she would somehow violate her judicial oath in a
future case is inconsistent with everything we have come to know about
Amy Coney Barrett.
She won't impose her personal beliefs. She won't try to favor one
side or the other, and she won't legislate from the bench. That is
exactly the kind of nominee that Republicans and Democrats should want
on the High Court.
So I look forward to supporting Judge Barrett's nomination on Monday,
when we finally vote to confirm her