[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Page 1934]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ______
                                 

                           EXECUTIVE CALENDAR

  The PRESIDING OFFICER. Cloture having been invoked, the clerk will 
report the nomination.
  The senior assistant legislative clerk read the nomination of Robert 
McKinnon Califf, of South Carolina, to be Commissioner of Food and 
Drugs, Department of Health and Human Services.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. NELSON. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Nelson pertaining to the introduction of S. 2558 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. NELSON. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Filling the Supreme Court Vacancy

  Mr. McCONNELL. Mr. President, I recently joined my good friend from 
Iowa, the chairman of the Judiciary Committee, in writing an opinion 
piece. We expressed our joint view that the death of Justice Scalia 
represented a significant loss for our country and that while finding 
the right person to take the seat he occupied will clearly be a 
monumental task, it is one we think the American people are more than 
well equipped to handle. Some disagree and would rather the Senate 
simply rush through yet another lifetime appointment for a President 
who is on his way out the door.
  Of course, it is within the President's authority to nominate a 
successor even in this very rare circumstance. Remember, the Senate has 
not filled a vacancy arising in an election year when there was a 
divided government since 1888--almost 130 years ago. But we also know 
that article II, section 2 of the Constitution grants the Senate the 
right to withhold its consent as it deems necessary.
  It is clear that concern over confirming Supreme Court nominations 
made near the end of a Presidential term is not new. Given that we are 
in the midst of the Presidential election process, the chairman of the 
Judiciary Committee and I believe that today it is the American people 
who are best positioned to help make this important decision rather 
than a lameduck President whose priorities and policies they just 
rejected in the most recent national election.

                          ____________________