[Congressional Record (Bound Edition), Volume 162 (2016), Part 7]
[Senate]
[Page 9929]
[From the U.S. Government Publishing Office, www.gpo.gov]




     SUPREME COURT DECISIONS AND FILLING THE SUPREME COURT VACANCY

  Mr. REID. Madam President, this morning the Supreme Court issued its 
final set of rulings for the year for the Court's term.
  I was pleased with two of the Court's decisions especially. One 
pertains to women's health and one with keeping guns away from 
dangerous individuals. In the Court's 5-to-3 decision in Whole Woman's 
Health, the Court affirmed the constitutionally protected rights of 
American women. The Justices struck down a Texas law that limited 
women's rights and restricted access to health care.
  Infringing upon the rights of Texans has become all too familiar for 
the government of Texas. It is a theme they have, and they play that 
theme all the time and they march to it. The State has pushed laws to 
restrict people's right to vote. In the last general election, 600,000 
Texans couldn't vote because they didn't have the right ID. The State 
has pushed laws to restrict people's right to vote and limit victims' 
ability to recover deserved damages after accidents and medical 
malpractice. The law restricting women's care was just the most recent 
example of Texas trampling on the rights of its people. So I am pleased 
that the Supreme Court struck down Texas' unconstitutional attempt to 
deprive women of health care.
  In another ruling today, the Supreme Court also whacked the National 
Rifle Association. By a 6-to-2 decision, the Justices upheld a Federal 
law that bans people convicted of domestic violence from buying guns.
  While the Supreme Court did its job today, I must note the many other 
missed opportunities in the Court over the last 4 months. Due to the 
Republicans historic obstruction of Judge Merrick Garland's nomination, 
the United States' highest Court is often deadlocked. The Court has 
been unable to provide definitive rulings on some of the most important 
issues of our time because there are not nine Justices, but only eight, 
due to the Republicans' obstruction. For the first time in the history 
of the country in a year right before an election, the Republicans have 
decided they are not going to allow a vote on a Supreme Court 
nomination. It has never happened before. By denying President Obama 
the chance to fill this vacancy, the Republicans have infected the 
Supreme Court with the same gridlock they have perfected with the 
Congress for the last 7 years. Eight Supreme Court Justices are simply 
not enough to serve the American people and the rule of law.
  One Drake University constitutional law professor wrote recently:

       With just eight members, the Court cannot resolve certain 
     controversial cases. It can split 4-4, which means there is 
     no uniform rule of law.

  All told, the Supreme Court has deadlocked on seven important cases 
and issues.
  Because of Senate Republicans, employers can deny women who are 
working access to contraception coverage; because of Senate 
Republicans, companies can misuse the private information of consumers; 
and because of Senate Republicans, lenders can discriminate against 
married women.
  There are others. The most glaring example, though, was from last 
Thursday when the Court was unable to reach a majority decision on an 
important immigration case. It issued a one-sentence ruling: ``The 
judgment is affirmed by an equally divided Court.''
  As former Solicitor General Walter Dellinger wrote, ``Seldom have so 
many hopes been crushed by so few words.''
  These immigration programs would take millions of people out of the 
shadows and allow them to work and pay taxes.
  Today also happens to be the third anniversary of the Senate passing 
a bipartisan bill to fix our Nation's immigration system by a heavy 
vote of 68 to 32. It was bipartisan in nature.
  Three years ago, after the bill passed in the Senate, Republicans 
used their obstructionist ways to prevent a vote in the House of 
Representatives. Today, those same Republicans are obstructing a ninth 
Supreme Court Justice in order to kill the President's Executive 
actions on immigration.
  Latino and immigrant families across this Nation are watching who 
stands with them and who stands against them. It is very easy to see. 
It is appalling Republicans are willing to prevent the Court from doing 
its job as they wait for a Donald Trump-appointed nominee. That is 
startling.
  Just yesterday, the Republican leader refused to say if he thinks 
Donald Trump is qualified to be President. His silence speaks volumes.
  Republicans continue to block our justice system from functioning so 
this unqualified bigot can reshape the Supreme Court in his image.
  It is time for Republicans to stop
fomenting partisanship and gridlock, even in the Nation's highest 
Court. America deserves a fully functioning Supreme Court.

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