[Congressional Record Volume 167, Number 65 (Thursday, April 15, 2021)]
[Senate]
[Page S1965]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Motion to Discharge
Mr. LEE. Mr. President, I stand today in opposition to this
illegitimate motion to discharge the nomination of Vanita Gupta to
become the Associate Attorney General of the United States.
I say that this motion to discharge is illegitimate because it was--
because the Senate Judiciary Committee and its chairman decided
unilaterally to ram through a vote on Ms. Gupta in violation of the
rules and precedents of the Senate Judiciary Committee.
As has been the longstanding tradition in the Judiciary Committee,
members were debating the nomination of Vanita Gupta and expected that
everyone would be given the opportunity to speak.
But in the middle of a speech being delivered by one of the Judiciary
Committee's members, Senator Cotton from Arkansas, the chairman of the
committee, Senator Durbin, cut him off and unilaterally proceeded to a
vote, effectively nuking the committee rules that should have allowed
Senator Cotton and others to speak.
Never, in the more than 10 years that I have served on the Judiciary
Committee, have I seen a chairman of that committee so blatantly,
brazenly violate rule and principle and precedent in this way. This
behavior is not only unusual, but it is inexcusable.
Lengthy debate in committee markups is actually much more common than
some in this Chamber might have you believe. For example, Democrats
filibustered the nomination of former Attorney General Jeff Sessions
for so long that then-Chairman Chuck Grassley was forced to delay a
consideration of his nomination until the next markup.
You have got that right. Chairman Grassley actually followed the
committee rules and allowed for all of our colleagues to speak,
notwithstanding the fact that they disagreed with him, notwithstanding
the fact that it was contentious, notwithstanding the fact that he
didn't like what they were saying.
And by doing so, he was forced--because he was complying with the
rules and the precedents of the Senate--to delay the consideration of
Attorney General Sessions' nomination. But that is what he did. He did
that instead because it was preferable to an act of unilaterally
forcing a vote and thereby nuking the Judiciary Committee's rules.
Now, to put this in context, we need to understand that Judiciary
Committee rule IV states:
The Chair shall enter a non-debatable motion to bring a
matter before the Committee to a vote. If there is objection
to bringing a matter to a vote without further debate, a roll
call vote of the Committee shall be taken, and debate shall
be terminated if the motion to bring the matter to a vote
without further debate passes with twelve votes in the
affirmative, one of which must be cast by the minority.
Rule IV essentially preserves the right of minority members to speak.
Chairman Durbin decided to nuke that part of rule IV in particular
because he knew that he didn't have 12 votes to prematurely end debate.
Now, when you are in the majority, it can be tempting to run right
past certain rules, knocking things over in the process in order to get
your party's nominees confirmed. But I think it is important for us to
resist that temptation in order to protect the rules of our institution
from partisan passions.
Following these rules, respecting minority prerogatives, is precisely
what allows us to maintain bipartisan cooperation in the Senate and
lower the partisan tensions in our country. This is all the more
important when we consider that there is no true majority in the
Senate, and there is no majority at all on the Senate Judiciary
Committee.
Unfortunately, with this breach, it looks like some of my colleagues
might prefer convenience over debate. I find that most unfortunate,
especially because I have worked with so many of them on a bipartisan
basis on so many issues.
Now, some of my colleagues may claim that Republicans have done this
very thing many times. That, however, is not the case. On multiple
occasions, we allowed for extended debate and even delayed reporting of
matters before the committee, like Attorney General Sessions'
nomination and the Crossfire Hurricane subpoenas, until the next
markup. When we set votes with the consent of the majority, the
chairman followed committee precedent and did so through a rollcall
vote--again, consistent with committee precedent.