[Congressional Record Volume 166, Number 184 (Sunday, October 25, 2020)]
[Senate]
[Pages S6465-S6466]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nomination of Amy Coney Barrett
Mr. INHOFE. Mr. President, I have already talked a couple of times
about this great nominee whom we have in Amy Coney Barrett, and I am
really proud to speak in support of President Trump's outstanding
nomination of Amy Coney Barrett to the U.S. Supreme Court.
To say that Judge Barrett is qualified to serve on the Supreme Court
is an understatement. Judge Barrett is the definition of a leader. Her
record of accomplishments is second to none. Everybody knows it.
After we had a chance to really evaluate and talk to her and know her
and visit with her, we found that she was born in New Orleans. She went
on to graduate from Rhodes College in Memphis and also from Notre Dame
Law School. She graduated at the top of her class and always has been
at the top of her class. That is worth pointing out because, when
confirmed, she will be the only Justice on the bench who did not go to
Harvard or Yale. Now, that is a good thing. She clerked for one of
America's finest Supreme Court Justices--the late Antonin Scalia. Since
2002, she has taught law at Notre Dame, where she has been selected
``Distinguished Professor of the Year'' three different times.
In 2017, after being attacked by the Democrats about her strong
faith, she was confirmed to the Seventh Circuit by this body--and with
Democratic votes, I might add. Let me repeat that. She was confirmed on
a bipartisan basis only 3 years ago. But, today, liberals are recycling
their same stale tactics in an attempt to tarnish another exceptional
nominee without having any basis in fact or truth. They are attacking
her Catholic faith. Some operatives have even attacked her for adopting
children from Haiti. I am not kidding. They are attacking her for that.
It should go without saying that Judge Barrett should be commended for
this loving, selfless act, not disparaged for it.
I personally know that adoption is one of God's greatest gifts. I am
the proud grandfather of Zegita Marie. I found her during a mission in
Ethiopia, and my daughter and son-in-law adopted her as a baby. She is
in college now and is one of my greatest blessings.
Yet, like clockwork, the Democrats use bogus propaganda to try to
scare the American people into opposing a Republican President's
Supreme Court nominee. Over the years, they have made outrageous
claims, like saying these nominees will take away America's healthcare.
They have done it time and again. They did it with Anthony Kennedy.
They did it with David Souter. They did it with John Roberts and,
recently, with Brett Kavanaugh. Now they are doing it with Judge
Barrett. Most Americans can see through this far-left hoax, but it is
important to set the record right. Judge Barrett is not and has never
advocated in favor of taking away anyone's healthcare--period.
Liberals have gone after Judge Barrett for her views on abortion.
First of all, Judge Barrett has every right to enjoy her religious
freedom. I think we all understand that. I am saddened to see the
attacks that she has received due to her Catholic faith. Nevertheless,
her record shows that she will thoughtfully apply the Constitution to
all cases while honoring Supreme Court precedent. At the same time, she
has proven that she impartially and faithfully exercises her duties as
an appellate judge. There is no reason to believe that she would not
continue to do so as a Justice.
Now I want to speak about the precedent for acting on today's
vacancy, which differs from the vacancy of 2016. The Democrats and
liberal media have called Senate Republicans hypocrites for opposing
the confirmation of President Obama's Supreme Court nominee in 2016 but
supporting the confirmation of the President's nominee today. What they
fail to recognize is that we followed Senate precedent. We followed it
in 2016, and we are following it again right now.
In 2016, we had a divided government. What a divided government means
is that we have different parties controlling the White House and the
confirming body, the U.S. Senate. In 2016, we had that divided
government, and
[[Page S6466]]
they were controlled by different parties. The Senate Republicans
followed the Biden rule then, which is that the Senate does not confirm
an election year vacancy in which the White House and the Senate are
controlled by different parties. Despite the Democrats' insistence on
confirming President Obama's nominee, Senate Republicans followed
precedent.
The reality is that, in the modern era, the Senate has not confirmed
a Supreme Court nominee under a divided government. It just hasn't
happened. The last time the Senate confirmed a nominee under these
circumstances was in 1888. Today, we have a united government. The same
party that has the Senate has the Presidency. The voters elected
President Trump in 2016. The Senate Republicans grew their majority in
2018. In nearly every instance in history in which there has been a
Supreme Court vacancy under a united government, we have voted to
confirm. In fact, the only time in history that the Senate did not
confirm a nominee under a united government was in 1968, wherein there
was bipartisan opposition on ethical grounds. They all agreed that the
nominee should be withdrawn, and he was withdrawn.
It is simply false to state that Senate Republicans are going against
precedent. As a matter of political convenience, the Democrats have
flip-flopped from what they said in 2016 and are adamantly opposed to a
vote during an election year. It is not surprising that the media has
ignored their about-face.
I am proud of the efforts by Leader McConnell and our Republican
majority, who have confirmed dozens of President Trump's exemplary
judicial nominations. I think the number right now is somewhere around
212, and that may be a record, but those are a lot of nominations
Senate Republicans and President Trump have followed through on our
promise to remake the judiciary with more judges who interpret the law
as written, not legislate from the bench. We all know what we are
talking about there. With Judge Barrett, we have the opportunity to
confirm the President's third Supreme Court nominee to the bench.
Everyone knows Judge Barrett is hard-working, principled, and
committed to serving her fellow Americans. In a 2017 letter, a
bipartisan group of law professors called her work ``rigorous, fair-
minded, respectful, and constructive.'' I couldn't agree more. I know
she will serve our highest Court with honor and distinction, and I look
forward to voting to confirm the nomination soon. She is, I really
think, the most gifted, talented jurist to be found in America today.
My wife and I have been married for 60 years. We have 20 kids and
grandkids. They are the ones who are going to be the beneficiaries of
the service of Judge Barrett. She is going to be confirmed as an
Associate Justice on our High Court in a matter of hours, and this is
going to be a great thing for America.
I yield the floor.
The PRESIDING OFFICER. The Senator from Arkansas.