Improving Procedures For The Consideration Of Nominations In The
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, most Americans don't wake up every day thinking about the arcane rules of the Senate. They might think the debate we are having today is…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, most Americans don't wake up every day thinking about the arcane rules of the Senate. They might think the debate we are having today is just another example of a legislative body they see as out of touch on the issues they care about most, issues on which a large majority of Americans agree action should be taken.
For example, the Republican Senate hasn't done anything about the epidemic of gun violence. The Republican Senate hasn't taken action to expand access to affordable, quality, universal healthcare. Instead, Republicans have tried to take healthcare away from millions of people. The Republican Senate hasn't passed comprehensive immigration reform, let alone offered the blameless Dreamers a path to citizenship and a life in the only country they know. The Republican Senate hasn't taken decisive action to combat climate change. The Republican Senate hasn't taken steps to empower our middle class. Instead, it passed a huge tax cut for the wealthiest Americans and corporations.
We should be having a real debate about all the issues I just mentioned. Instead, Republican leadership is proposing a resolution to, among other things, change Senate rules to reduce the number of hours of postcloture debate time from 30 hours to 2 hours for district court nominees.
Let me just mention, by the way, that there is a world of difference in requiring 51 votes to put people on the district and circuit courts versus what the Senate majority leader did in changing the vote requirements for people on the U.S. Supreme Court, changing that to a bare majority--a huge difference in putting in a 9-member Supreme Court with a bare majority of votes versus some 800 circuit and district court judges. If we can't see that difference, I have no words for that. We should see that difference.
Getting back to what is before us today, the significant rule change will help Donald Trump and his Republican enablers in the Senate to more swiftly pack our district courts with ideologically driven judges--judges who will make biased rulings in line with their personal ideological beliefs and not based on the law or the Constitution.
Our district court judges, appointed by Democratic and Republican Presidents alike, have been at the frontline of resisting Donald Trump's abuses of power. They have, for example, ordered the government to reunite parents with the children ripped from their arms at the border. They have rejected attempts to deny Federal funds to cities refusing to be drawn into the Trump administration's war on immigrants. They stopped Executive orders aimed at kneecapping public sector unions. They blocked the implementation of an ugly ban on transgender Americans serving in our military. They stopped the Commerce Department from putting a citizenship question in the census. They ruled that public officials cannot block citizens from their Twitter feeds. They stopped the government from banning Muslims from entering the United States. They stopped a decision that would have allowed States to require Medicaid recipients to work in order to receive benefits.
These exercises of judicial independence by our district judges are precisely why Donald Trump and his congressional enablers want to make it
easier to pack our courts with nominees handpicked by the far-right Federalist Society and Heritage Foundation. These organizations have spent decades and millions of dollars opposing universal healthcare, strengthening corporate interests, and undermining voting. They have also spent decades and millions putting their kinds of judges on the courts, with their lifetime positions.
If we aren't able to take as much time to examine their records and publicize their lack of fitness, Trump's nominees will soon occupy more and more of the lifetime appointments on the bench. Once they do, they will not only be more inclined to side with his extreme view of Executive power, they will also start ruling in cases consistent with the ideologies they bring to their jobs--for example, that abortion should be illegal; that Americans don't have a right to healthcare; that voter suppression is OK; that families with same-sex parents should be discriminated against; that transgender teenagers should be forced to be someone they are not; that Presidents can ban people from our country based on their faith; that one person's religious beliefs can trample the civil rights of everyone else. Trump's nominees have extensive records of their positions on these kinds of issues.
It used to be that appointees to the Federal district courts generally did not generate a lot of controversy. They were typically experienced trial lawyers or prosecutors with solid reputations in their hometowns, but they weren't typically activists or ideologues. There was a time when they were mostly White and mostly male, but starting in the Carter administration and building steam through the Clinton and Obama administrations, district court nominees presented to the Senate were increasingly diverse, with an emphasis on qualifications, not ideology. But Donald Trump's judicial nominees are, once again, mostly White and mostly male. They are now much more ideological and agenda-driven. He has also nominated a disproportionate number of lawyers who do what is called impact litigation, where they pursue cases to make political points and undo legislative decisions.
Some examples of Trump's dangerous circuit court nominees include Patrick Wyrick, who was solicitor general of Oklahoma and who, together with his close ally, then-Oklahoma attorney general Scott Pruitt, tried to dismantle Obama-era protections of clean air, clean water, and public land.
He was counsel of record on an amicus brief in Sebelius v. Hobby Lobby, challenging the Affordable Care Act's contraceptive coverage requirement.
He also submitted a brief in Humble v. Planned Parenthood of Arizona, challenging medication-induced abortion procedures commonly used by Planned Parenthood.
As deputy general counsel for the First Liberty Institute, Matthew Kacsmaryk filed briefs opposing same-sex marriage, supported a Virginia school board's anti-transgender bathroom policy, and opposed the right of all women to have their healthcare coverage include contraceptives.
Michael Truncale, another example, was a former congressional candidate and an ideological activist against voting rights, abortion, and immigration, who gave public speeches using the widely debunked myth of in-person voter fraud to justify Texas's draconian voter ID laws.
Another example is Wendy Vitter, who promoted fraudulent claims about abortion, birth control, and women's health at an appearance she initially failed to disclose to the committee. These fraudulent claims included the position that there is a connection between using birth control and getting cancer. She has been a public advocate for extreme restrictions on reproductive rights.
As deputy solicitor general in the Office of the Texas Attorney General, J. Campbell Barker represented Texas and Whole Women's Health v. Hellerstedt, urging the Supreme Court to uphold Texas's restrictive anti-abortion statute. The Supreme Court declined to do that, thankfully. He also supported Donald Trump's Muslim ban, advocated for the invalidation of DACA and DAPA, supported restrictive voter ID laws, opposed the right of all women to have their healthcare coverage include contraceptives, and I could go on and on.
These nominees have deeply held personal, ideological views who want to be judges for life to make these views into law.
During their confirmation hearings, these nominees told us, to a person, he or she would ``follow the law'' and ``follow precedent,'' but do they really expect us to believe they can set aside their careers of ideological activism? I don't think so. They were nominated precisely because they are advocates for an ideologically conservative agenda--just the kind of nominees who would get the stamp of approval from the Federalist Society and Heritage Foundation. That is why my Republican colleagues support them, and that is why they want to pass this resolution--to pack the courts with these types of judges even faster.
Many Americans are awakening to the fact that court-packing is a clear and present danger to a woman's right to choose, voting rights, healthcare access, environmental protections, civil rights, and individual rights. Not content with the court-packing damage they have already done, Republicans are using this resolution for court-packing to happen even faster.
I cannot support this resolution.
I yield the floor.
I suggest the absence of a quorum.