Mr. President, before I get into my remarks about the impending action of the Senate with regard to the so-called nuclear option, I would just point out that the attacks yesterday on innocent men, women, and children should not have come…
Mr. President, before I get into my remarks about the impending action of the Senate with regard to the so-called nuclear option, I would just point out that the attacks yesterday on innocent men, women, and children should not have come as a surprise. It was in 2013 that the then-Secretary of State, Secretary of Defense, and the head of the CIA recommended to the President that we arm the Free Syrian Army and bring Bashar Assad's barbarity to a halt. The President of the United States rejected that. Bashar Assad used chemical weapons, and the President called me and Senator Graham over to the White House and said: If they cross the redline, I am going to act. We are going to degrade Bashar Assad and upgrade the Free Syrian Army and have regime change.
Then, of course, he backed down. You know, there is one thing worse than doing nothing: It is saying you are going to do something and then not doing it. That sent a signal everywhere in the world, not just Syria. The fact is, we knew it would happen again. So we have seen this movie before. Unless we act, we are going to see it again.
I am encouraged, frankly, that General Mattis, General McMaster, and the President of the United States have said that this act of incredible barbarity and cruelty will not go unresponded to. But I can assure my colleagues this: If we don't respond to this, then there will be more use of these chemical weapons and weapons of mass destruction, and there will be more innocent people who will die.
Eight years of Obama's failure is what led to the events that just took place that horrified all of us. That requires us to stand up to this barbarity, help the Free Syrian Army, establish safe zones, and make sure that Bashar Assad, propped up by the Russians and the Iranians and the Iranian Revolutionary Guard and Hezbollah, is no longer able to perpetrate these war crimes on innocent men, women, and children.
Mr. President, it is also with some sorrow that I regret having to come to
the floor to speak once again on the issue of eliminating the 60-vote threshold on judicial nominations, specifically a nominee to the U.S. Supreme Court. It is particularly troubling to do so because the nominee in question, Judge Neil Gorsuch, has impeccable legal credentials and a strong reputation as a fair- and sharp-minded lawyer and jurist. The American Bar Association and many others of all political stripes agree that his distinguished career as a lawyer and a jurist makes him well qualified for the position of Associate Justice on the U.S. Supreme Court.
Regrettably, very regrettably, my colleagues in the minority have decided to filibuster the nomination of this good, decent, highly qualified man.
Numerous times over the years, the Senate has come to a standstill over nominees, whether they were judicial or executive branch. That gridlock has inevitably led to threats from the majority--whichever party was in the majority--to use the ``nuclear option,'' basically changing the rules of the Senate of 200 years to strip the minority party of their right to filibuster certain nominees.
I have been privileged several times to be a part of a group of Senators who were able to come together and negotiate agreements to end the gridlock surrounding nominees, avert the nuclear option, and allow the Senate to move forward with our work on behalf of the American people. My work in these groups--often referred to as gangs--has won me both praise and condemnation and has often put me at odds with some in my own party.
In 2005, I joined 13 of my colleagues in an agreement that allowed for votes on three of President Bush's judicial nominees who were being filibustered by the Democrats, who were in the minority at the time. Part of that agreement addressed future nominees. It stated:
Signatories will exercise their responsibilities under the
Advice and Consent Clause of the United States Constitution
in good faith. Nominees should only be filibustered under
extraordinary circumstances, and each signatory must use his
or her own discretion and judgment in determining whether
such circumstances exist.
In other words, if that nominee is so far out of the mainstream that it is extraordinary, only then would they seek to block the nomination and filibuster.
I have had conversations with colleagues on both sides of the aisle in an attempt to once again come up with a way forward and avoid both a filibuster of Judge Gorsuch and the nuclear option. Sadly, I learned on Monday that those efforts had failed and that the Democrats had secured the necessary votes to successfully filibuster the highly qualified Supreme Court nominee for the first time in our history. In response, the majority leader has indicated that he will move to change the Senate rules and eliminate the ability of the minority to do so.
We are in a terrible place. My colleagues should understand that this is a historic moment if we move forward with it.
In 2013, then-Majority Leader Harry Reid changed the Senate rules to eliminate the 60-vote threshold on most judicial and executive branch nominees. Those in my party, including me, were enraged--rightly so. We warned that the Democrats would not be in control of the Senate or the White House forever and that they would come to regret their actions. We were right.
Their actions came back to haunt them. I believe our actions will haunt us as well.
In an op-ed on November 27, 2012, Senator McConnell, knowing of the Democrats' plans to change the Senate rules in their favor, wrote this:
A serious threat has been quietly gathering against one of
the most cherished safeguards of liberty in our government--
the right of a political minority to have a voice. Until now,
this has always been the defining characteristic of the
Senate. That's why all Senators have traditionally defended
the Senate as an institution, because they knew that the
Senate was the last legislative check for political
minorities and small states against the kind of raw exercise
of power large states and majority parties have always been
tempted to wield.
The threat I'm referring to is the effort by some
Democrats, most of whom have never served a day in the
minority, to force a change in the Senate rules.
How soon we forget.
In fact, Chairman Grassley exactly predicted what is about to happen. In November 2013, he said:
Not too many years ago, my colleagues on the other side
described their fight to preserve the filibuster with great
pride. Today the other side is willing to forever change the
Senate because the Republicans have the audacity to hold
them, the majority party of today, to their own standard.
The silver lining is that there will come a day when roles
are reversed. When that happens, our side will likely
nominate and confirm lower court 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
the Supreme Court.
Senator Alexander, on November 21, 2013, when threatened with the nuclear option by the Democrats, said:
This action today creates a perpetual opportunity for the
tyranny of the majority because it permits a majority in this
body to do whatever it wants to do any time it wants to do
it.
Senator Alexander went on to say:
In my view, this is the most important and most dangerous
restructuring of Senate rules since Thomas Jefferson wrote
them at the beginning of our country.
On November 21, 2013, Senator Shelby said:
Democrats won't be in power in perpetuity. This is a
mistake--a big one for the long run. Maybe not for the short
run. Short-term gains, but I think it changes the Senate
tremendously in a bad way.
The same day, on the same issue, Senator Thune said:
I think Democrats are playing with fire. This is very
dangerous in terms of what it means for the Senate. What goes
around comes around. And someday, they're going to be in the
minority.
Senator Burr said on that same day:
The American people know what they get when the minority
party is stripped of its filibuster rights: they get
unchecked power by the executive branch.
He went on to say:
If sweeping legislation and lifetime appointments cannot
muster 60 votes in the United States Senate, then it probably
is not a good idea to force either on the American people.
My own colleagues on this side of the aisle need to remember our own words and heed our own warnings. We will not control this body forever. We will not hold the White House in perpetuity. What we are poised to do at the end of this week will have tremendous consequences, and I fear that someday, we will regret what we are about to do. In fact, I am confident we will.
Having said that, it is hard for me to keep a straight face when I hear the current righteous indignation coming from the other side. After reading the comments some of my Democrat friends made in 2013, it is difficult to have much sympathy for where they find themselves today.
Senator Merkley, who was perhaps the biggest proponent of changing the rules at that time, said this:
Without the nuclear option, Republicans are going to
disable the executive branch.
Ending the abusive filibuster on nominations is a big step
toward restoring the functionality of the Senate, and that
matters for all of us.
This is a terrific vote for the U.S. Senate.
Senator Udall said:
I'm just so encouraged now that we're going to be able to--
without filibusters--put people on the courts in an orderly
way.
Senator Warren said on November 13, 2013:
We need to call out these filibusters for what they are:
Naked attempts to nullify the results of the last election.
If Republicans continue to filibuster these highly
qualified nominees for no reason other than to nullify the
President's constitutional authority, then Senators not only
have the right to change the filibuster, Senators have a duty
to change the filibuster rules. We cannot turn our backs on
the Constitution. We cannot abdicate our oath of office.
Senator Sanders on May 14, 2013, said:
If we bring this nomination to the floor and there is a
request for 60 votes, which we're not going to get, I think
it is time for the Democratic leadership to do what the
American people want, and that is to have a majority rule in
the United States Senate.
I did not make up those last quotes. Those are actual quotes. This isn't fake news.
Elections have consequences, my friends. Elections have consequences.
I hope my colleagues on both sides of the aisle keep this in mind: Now that we are entering into an era where a simple majority decides all judicial nominations, we will see more and more nominees from the extremes of
both the left and the right. I do not see how that will ensure a fair and impartial judiciary. In fact, I think the opposite will be true, and Americans will no longer be confident of equal protection under the law.
When then-Majority Leader Reid changed the Senate rules in 2013, there was no one more critical of his actions than the Senator who stands before you now. I fought hard to convince my colleagues of the damage those changes would do to this body. I did so because I love the Senate. I revere this institution and the place it holds in our system of government. It is imperative that we have a functioning Senate where the rights of the minority are protected, regardless of which party is in power at the time.
While what happened in 2013 was infuriating to our side, it was also heartbreaking. It was heartbreaking because it seemed to me that the uniqueness of the Senate had been irreparably damaged and, along with it, any hope of restoring meaningful bipartisanship.
The unprecedented nature of the Democrats' filibuster of a Supreme Court nominee has left me in the difficult position of having to decide whether to support finishing what Harry Reid and the Democrats started in 2013 and eliminate the 60-vote threshold on Supreme Court nominations. I find myself torn between protecting the traditions and practices of the Senate and the importance of having a full complement of Justices on the U.S. Supreme Court.
I am left with no choice. I will vote to change the rules and allow Judge Gorsuch to be confirmed by a simple majority. I will do so with great reluctance, not because I have any doubts that Judge Gorsuch will be an excellent Justice but because of the further--and perhaps irreparable--damage that it will do to the Senate.
Mr. President, I suggest the absence of a quorum.