Madam President, I would like to speak for 1 minute. Senate Democrats yesterday blocked a bill that provides much needed funds for Puerto Rico's nutrition program, also, aid for the 2018 hurricanes and wildfires and, thirdly, assistance to…
Madam President, I would like to speak for 1 minute.
Senate Democrats yesterday blocked a bill that provides much needed funds for Puerto Rico's nutrition program, also, aid for the 2018 hurricanes and wildfires and, thirdly, assistance to Midwest States in the midst of a flood crisis. That includes, at least, Iowa, Nebraska, Missouri, and maybe other States.
Now, the people who voted against it say it was because they care about Puerto Rico. The bill they blocked takes care of the urgent funding shortfalls there in that Commonwealth. Playing politics with disaster aid does a disservice to the people of Puerto Rico and the people of States like Iowa who are suffering right now from these floods.
Why would these Senators want to come to campaign in Iowa when they don't show sympathy for Iowans suffering from the floods with the vote they cast last night?
I yield the floor.
Recognition of the Majority Leader
Mr. President, over the past 2 years, some in this body have decided that they will oppose any nominee suggested by President Trump. There isn't a Senator who serves their State's interest when qualified, noncontroversial nominees are prevented from being confirmed; however, some Members continue to do just that by slow- walking the President's nominees for partisan purposes.
This concern about the speed of confirming nominees is not anything new. For the benefit of those who were not here at the time, I would like to take this opportunity to review some of the history on this subject and how we got where we are today with all this stalling.
Since the rejection of the Robert Bork nomination for the Supreme Court in 1987, Republicans have felt like we are living under two sets of rules. Republican Supreme Court nominees could be rejected by Democrats on ideological grounds if they didn't pass their litmus test, but Republicans continued to vote to confirm otherwise qualified Democrat nominees who had what we might consider very radical views about interpreting the Constitution to mean things that the Constitution plainly does not say.
Then all of a sudden in 2003, to contrast with what the practice had been from 1789, Democrats entered the Senate as a minority party under a Republican President. Prior to 2003, there was simply no history of systematically opposing cloture to prevent judicial nominees from ever getting a final vote.
However, coaxed on by leftwing activists, Senate Democrats embarked in 2003 on an unprecedented campaign of obstruction by filibustering several of President Bush's judicial nominees to keep them from being confirmed.
When Senate Democrats began to use the cloture rule to block George W. Bush's circuit court nominees, we made it very clear that we Republicans were done living by two sets of rules. We warned Democrats that, if they continued down that path, we would
follow their precedent when the tables were turned, but the Democrat obstruction continued anyway.
Not long after--and as they often so do in this Chamber--the tables were turned. President Obama entered office with a Democrat majority in the Senate. True to Republican promises to not live by two sets of rules, we began to follow the precedent established by the Democrats and blocked a proportional number of President Obama's judicial nominees.
Despite the fact that Republicans were holding Democrats to the same standard that the Democrats established, Senate Democrats made a big show of being outraged at that time and being indignant about this equal treatment. Senate Democrats began threatening to invoke the nuclear option to ram through President Obama's nominees on a simple majority vote.
However, the minority and majority parties reached an agreement--yes, we actually reached an agreement--and this was at the beginning of the 113th Congress where Senate Republicans agreed to institute a temporary standing order to limit postcloture debate for sub-Cabinet and U.S. district court nominees. This agreement was made explicitly as a bipartisan compromise, and that bipartisan compromise was there to avert the use of what we call a nuclear option. Then-Majority Leader Harry Reid stated on January 24, 2013:
I know that there is a strong interest in rules changes
among many of my caucus. In fact, I would support many of
these changes through regular order. But I agree that the
proper way to change Senate rules is through the procedures
established in those rules, and I will oppose any effort in
this Congress or the next to change the Senate rules other
than through regular order.
That is the end of Senator Reid's, who was then majority leader, quote.
Despite this statement by Senator Reid and despite the bipartisan agreement, the Democrat leader decided to pursue the nuclear option just a few months later. At the same time, Senate Democrats thought that Secretary Clinton would be President and that forcing this rules change would benefit their agenda for the foreseeable future.
Our side saw this for what it really was, a power grab that sought to steamroll the minority party. At that time, the minority party was my party.
Before Senator Reid invoked the nuclear option, we actually urged the Democrats to take a longer view. We were trying to get them to think in terms of what can happen in the future if you do something now. So we again warned that we were not about to play by two sets of rules and that they, the Democrats, would regret their decision when the tables were turned.
I was on the Senate floor on the day that Majority Leader Reid broke the rules to change the rules--let me emphasize it--broke the Senate rules to change the rules and made the following comment. This is this Senator speaking in 2013:
If there is one thing that will always be true, it is this:
Majorities are fickle. Majorities are fleeting. Here today;
gone tomorrow. So the majority has chosen to take us down
this path. The silver lining is that there will come a day
when the roles are reversed.
When that happens, our side will likely nominate and
confirm lower court judges and Supreme Court nominees with 51
votes, regardless of whether the Democrats actually buy into
this fanciful notion that they can demolish the filibuster on
lower court nominees and still preserve it for Supreme Court
nominees.
That is the end of my quote from about 6 years ago when Senator Reid was doing the nuclear option.
It so happens that very day did come, and the American people elected President Trump with a Republican majority in the Senate and the House in November 2016. Senate Democrats have since engaged in a unprecedented campaign to prevent a whole range of government positions from being filled by President Trump. It used to be understood that it was in the American people's interest to have a functioning government, even if your candidate didn't win the Presidency.
The norm around here for hundreds of years used to be that a new President's Cabinet positions were filled as soon as possible. I know that the 2016 election aroused strong feelings and that many people were deeply disappointed when the candidate they expected to win did not win to the point of not being able to accept the outcome under our Constitution of who was elected and elected constitutionally.
A similar attitude arose when President Obama was elected with some people latching on to the birther conspiracy theory that President Obama was secretly born in Kenya and that this somehow made his Presidency illegitimate. However, this was always a fringe movement that Republicans in Congress did not take seriously and many refuted it.
The arms race of partisan grievance has now escalated where U.S. Senators pander to the ``resistance'' by preventing President Trump from filling out his administration more than halfway through the first term.
Senate Democrats insist on going through the lengthy motion to end debate even for nominees which there is little or no opposition. This means that, after being vetted by the White House, vetted by the Office of Government Ethics, answering a detailed questionnaire probing every aspect of the nominee's life, meeting with Senators in person, going through a nomination hearing, and being voted out of committee, nominees must wait and wait--sometimes for months and years--before there is time in the Senate schedule to file a cloture motion as the first step to getting to finish approving or disapproving that nominee.
The Senate must then allow for a intervening day to pass before it can vote to end the debate, which often passes overwhelmingly. Yes. You filibuster something. You have to file a motion, and yet a lot of times, there is no disagreement that that nominee should be approved. After all that, the cloture rule allows for an additional 30 hours of postcloture debate.
I strongly support the Senate exercising its constitutional power, and that power is about advice and consent. If there are any concerns about any nominee's ability or willingness to do his job and whether that nominee is willing to follow the law, Members should come to the floor to hash through the merits of the nominee.
However, Members on the other side of the aisle have obstructed the confirmation of a large number of actually noncontroversial sub-Cabinet nominees and even lower court judges who were not controversial. In a great many cases, the demand for a cloture vote appears to be solely about delaying and about obstructing, not anything about the specific nominee or his qualifications.
As chairman of the Committee on Finance this session, I want to highlight the experience of some of the nominees considered by the Finance Committee. So far this Congress, the Finance Committee has reported seven nominees that were originally reported last Congress but were not confirmed last Congress because of the obstruction.
I want to make clear that the Finance Committee has a very thorough as well as bipartisan vetting process. Any nominee that has been reported by the Finance Committee can verify that we do not rubberstamp nominees.
However, with the exception of one of the seven nominees that were rereported, all of them have been reported unanimously or with a maximum of two no votes. Only one of those seven, however, has been confirmed.
The U.S. Tax Court is a place where taxpayers are able to challenge an assessment of tax before actually paying the amount that they are challenging. It is important that we keep the full roster of 19 Tax Court judges as full as possible. I don't think any member of my committee or this Senate would disagree with what I just said. I also am not aware of any criticism of the nominee currently on the Executive Calendar for the Tax Court.
That nominee has been reported unanimously from the Finance Committee twice now, last Congress and this Congress; yet there is no certainty about when that nominee will be able to consider--or when the Senate will be able to consider that nomination.
This is very unfair to nominees who submit to an extensive vetting process and put their professional lives on hold so that they can serve. And it is also unfair to the American taxpayer who needs these people to be working.
It is also unfair to the American taxpayers who need these people to be working. After all, government is a service.
In 2013, the liberal Brennan Center for Justice issued dire warnings about
a judicial vacancy crisis. At that time, there were 65 unfilled seats on the U.S. district courts, and this was crippling the ability of those courts to dispense justice and to protect the rights of the American people. Senate Democrats picked up on these talking points and forcefully made their case.
There are now 129 vacancies on the district courts--129. The concern from Democrats has somehow disappeared. Last Congress, I was chairman of the Senate Judiciary Committee. By the end of last year, I had moved more than 30 highly qualified district court judges to the floor. Most of them had languished there for months. A few had been in the confirmation process since 2017. This is all because Democrats insist on 30 hours of debate for every nominee even though they often end up voting for them. Some of these who had been filibustered were passed almost unanimously by the Senate.
In the Judiciary Committee, when I was chairman, we had several more judges ready to be reported out of committee, but they were likely to face similar obstruction. I haven't been Judiciary chairman for 3 months. We are in a new Congress, and I assumed a different chairmanship. Do you know how many of those district court nominees have been confirmed in the new Congress, meaning the same ones we had voted out last Congress? Zero. The vacancy crisis, by the Brennan Center's definition, has nearly doubled because of this obstruction.
Clearly, it is a waste of this body's time to use all 30 hours of debate after the cloture vote for almost every nominee who comes before the Senate. The Senate was intended to be a deliberative body. If Senators want to engage in debate on a nominee, then by all means have that debate; however, don't make the Senate go through the motions if you have no intention of actually engaging in debate.
There is now before the Senate a proposal to limit postcloture debate on sub-Cabinet-level nominees. This proposal was very similar to one that passed the 113th Congress with overwhelming bipartisan support. A number of Senators from the other side of the aisle supported that measure at that time. If they can't support it this time around, what is their justification? Again, we cannot have a different set of rules depending on which party is in the majority. We need to agree on a common set of rules and a common set of norms that apply regardless of which party has the White House and/or the majority in the Senate.
I note that there are quite a number of Senators who see themselves in the White House in 2020. They are coming to Iowa every week. Do they really want to live under the precedent they are setting now? If a Senator who votes against virtually every Trump nominee gets into the White House, how should this Senator proceed? If one of the current Senate Democrats running for President gets elected in 2020, I, of course, will be disappointed, and I surely won't agree with most of their policies. So then should I vote against all of their nominees?
I would ask each of these Presidential candidates: Do you expect this Senate to behave differently than you are right now if in the future the shoe is on the other foot?
I don't want to be part of a resistance against a future Democratic President. I don't want to live by two sets of rules. The solution is to end now this partisan total war where the other side must be stopped at all costs. We need to come to a bipartisan agreement to end this tit-for-tat, cut-off-our-nose-to-spite-the-face environment. That is the environment we find ourselves in today.
Senator Lankford's resolution builds on the bipartisan agreement from 2013, but it is not perfect. If Democrats have legitimate concerns, let's work together on something better.
I have heard that the only change the Democratic leadership has proposed is to delay the effective date of the standing order until the start of the next Presidential term. Presumably, that is due to the same hubris that led them to invoke the nuclear option without imagining that they would soon regret it, as now they do regret it. We had two Supreme Court nominees to prove that they regret it. We actually approved those two Supreme Court nominees. It is impossible to defend their position on principle.
Surely there are some Members on the other side of the aisle willing to work in good faith with Republicans to resolve this impasse in a way that takes into account the legitimate concerns of Senators on both sides of the aisle. I don't believe it is too late to bring the Senate back to the deliberative body the Framers of the Constitution intended the Senate to be. It is in all of our interests to have a more functional Senate. I hope my colleagues will join me in working toward that goal.
I yield the floor.
I suggest the absence of a quorum.