[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7525-S7526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                     Nomination of Toby J. Heytens

  Mr. DURBIN. Madam President, today, the Senate will vote to confirm 
Toby Heytens to serve on the U.S. Court of Appeals for the Fourth 
Circuit.
  He is an accomplished appellate advocate, with a depth of experience 
and a fair-mindedness that would make him an asset to the Fourth 
Circuit. He started as a clerk on the Third Circuit, completed a 
prestigious fellowship at the Justice Department's Office of the 
Solicitor General, and then he clerked for Ruth Bader Ginsburg. Not a 
bad resume.
  After a few years in private practice, Mr. Heytens rejoined the 
Justice Department as an assistant to the Solicitor General. Most 
recently, he was Solicitor General for the Commonwealth of Virginia.
  He is a distinguished academic--taught at Cornell Law School, joined 
the faculty at UVA Law School, codirected the Supreme Court Litigation 
Clinic.
  Mr. Heytens has personally argued 10 cases before the U.S. Supreme 
Court--there aren't many people who can say that--and handled the 
briefing in more than 50 other cases before the Court, and the breadth 
of these cases is impressive.
  With such credentials, it is not surprising he enjoys the strong 
support of Senators Kaine and Warner.
  He has been unanimously rated ``well qualified'' by the American Bar 
Association, and his nomination is supported by leaders in the legal 
community, including three former Republican Solicitors General under 
President George W. Bush.
  He is a dedicated public servant. I will be voting for him, and I 
hope my colleagues will join me.


                                COVID-19

  Madam President, on another matter, this weekend saw the happy return 
of a tradition in many neighborhoods.
  Last night, my senatorial assignment was to be at the front door of 
my home in Springfield, IL, and pass out candy to the trick-or-
treaters.
  After a year off because of COVID, Halloween was back. We had at 
least 80, maybe 100, kids show up, and they were all having a great 
time, as we all remember our own youth.
  What a difference vaccines can make. Slowly but surely, we are 
putting this pandemic behind us. And after a difficult year-plus of 
remote learning, kids are going back to school across America.
  Three days ago, we received some long-awaited news that will enable 
parents to breathe another sigh of relief and allow children to be 
safely vaccinated. The FDA authorized Pfizer vaccinations for kids 
between ages 5 and 11.
  While it is true that healthy children generally are at lower risk 
from this virus, they are not immune, and testing had to take place, 
and it has taken place. The new lower-dose COVID vaccine can protect 
our kids--and grandkids, I might add. And I want to do everything I can 
to make sure that happens.
  I usually tell the story, which dates me, but I know the reality of 
my impression on those who are watching. I have been around a few 
years, and I remember in the 1950s, when we were scared to death of 
polio, and along came Jonas Salk--God bless his memory--with a new 
vaccine, and we all lined up, rolled up our sleeves, and got

[[Page S7526]]

a shot, and there wasn't a question asked.
  We saw the ravages of polio--the iron lungs, the crippled children, 
and some who lost their lives--and we did what we should do: we 
followed our parents' guidance, got the vaccinations. We virtually 
eliminated polio in America as a result of it.
  We have got to do the same thing, when it comes to COVID, for 
children.
  The new COVID vaccine for young children is just the latest proof 
that President Biden's leadership and efforts are working.
  Not one Republican, I might add, not one, could see their way to vote 
for President Biden's American Rescue Plan. It was that same rescue 
plan which set up the program across America to administer vaccines.
  Where would we be today if we were still struggling to do that?
  I want to thank the Biden administration for that leadership. We are 
starting to see good results, despite the Delta variant. And I think 
that we can see at least the possibility of putting this pandemic 
behind us. But I hope more people will get vaccinated so that that will 
happen sooner rather than later.
  Every week--and I have noticed--some of our Republican colleagues, 
including their leader, come to this floor to propose undercutting 
commonsense vaccine policies that exist to protect our Nation. These 
Senators, to my knowledge, have all been vaccinated; yet, when it comes 
to the mistruths and distortions about vaccinations, they are strangely 
silent. I think we know why.
  Apparently, they think pitting Americans against each other is good 
politics, but it may be good politics one day and bad public health for 
a long time. It is corrosive to our public spirit. America is strongest 
when we are united.

  We will no doubt hear our Republican colleagues cheer on the small 
minority of police and firefighters in cities like New York and 
Chicago, who continue to refuse to get vaccinated, despite mandates.
  Here is a number that we should keep in mind, those of us who say, 
and I count myself as one, that we respect law enforcement and want 
them to be strong and safe--last year, five times more law enforcement 
officers died of COVID than died of gun violence.
  Let me repeat that. Last year, five times more policemen died of 
COVID than died from gun violence.
  COVID is the No. 1 killer of law enforcement officers in America 
today. And so when we talk about being on the side of the police, and 
you want to save their lives--I sure do. I want them to be safe on the 
job, but I also want them to be vaccinated so that they don't succumb 
to the illnesses that follow when they are not.
  If you care about police safety--if you really care about police 
safety, put this pandemic behind us once and for all and get 
vaccinated, and speak up when people decide, on FOX TV and others, to 
peddle this anti-vax quackery that we see too often.