Disapproving A Rule Submitted By The Department Of The Interior
Mr. President, I listened carefully this morning to the statement made by the Republican majority leader, and I was a little bit curious as to what he was trying to say because he talked about a judicial nominee who rated unanimously…
Mr. President, I listened carefully this morning to the statement made by the Republican majority leader, and I was a little bit curious as to what he was trying to say because he talked about a judicial nominee who rated unanimously ``well qualified'' by the American Bar Association, who received kudos from Republicans and Democrats alike, including Members of the Senate, who went
through the Senate without a hitch, and then he couldn't understand why there would be more questions asked now for another appointment.
I was puzzled. I thought he was talking about Merrick Garland. We remember him, don't we? Merrick Garland was, of course, President Obama's nominee to fill the vacancy on the Supreme Court.
Senator McConnell this morning said repeatedly: So what has changed since the first time Judge Gorsuch came before the Senate? Senator McConnell, what has changed is you, what you did when Merrick Garland's name was sent up. For the first time ever in the history of the U.S. Senate, Senator McConnell denied a hearing and a vote to a Presidential nominee to the Supreme Court. It never happened before, not once in history. And if you think, well, maybe the Democrats didn't have a chance to show the same steel will, the same political determination, in the last year of his Presidency, Ronald Reagan nominated Anthony Kennedy to fill a vacancy on the Supreme Court. He sent the nomination down to the Senate. I believe Senator Biden was the chairman of the Judiciary Committee at the time. There was a Democratic majority. In the last year of Reagan's Presidency, a so-called lameduck year by Senator McConnell's description, the Democratic majority in the Senate gave President Reagan the respect of honoring his constitutional responsibility to fill the vacancy and sent Anthony Kennedy to serve on the Supreme Court. So Senator McConnell has asked what has changed. He has changed. He has changed the Senate.
And here is the good news for him. We are not going to forswear our own demands that a Presidential nominee for the Supreme Court is deserving of a hearing and a vote. I said that over and over again when Merrick Garland was being stonewalled by Senator McConnell and the Republicans in the Senate. I will say it again. I do believe the President's nominee has a right to a hearing and a vote. That nominee also has a responsibility to show us that he is not only qualified to serve on an important appellate court but to serve with a lifetime appointment to the highest Court in the land.
On Tuesday night, President Trump announced he would nominate the Tenth Circuit Court Judge Neil Gorsuch to the Supreme Court. It is important to put that nomination in context. This is not a run-of-the- mill nomination. It is an extraordinary time in America's history. President Trump's announcement was actually supposed to happen today. Why was it sped up? Why did they hurry it up? Well, because of the avalanche of criticism being heaped on the Trump administration for their Executive orders on refugees and immigration. They had to change the subject. After dozens of legal immigrants were detained at airports over the weekend solely because of their country of origin, including children, seniors, interpreters who helped our troops, Federal courts stepped in to block the President's Executive order.
We have done some research, and we are going to do some more. We think this is the first time in the history of the United States that a new President within the first 10 days had an Executive order stopped in the Federal courts. It shows how controversial that order was, that the Federal courts would step in with this brand new President and say: Stop. This has to be weighed as to whether it is legal or constitutional.
Then on Monday there was the unprecedented firing of an Attorney General who refused to defend President Trump's unlawful Executive order in court. President Trump moved up his Supreme Court announcement to try to change the headlines. In doing so, he made it even more clear how critical it is that we have an independent judicial system, not a rubberstamp for the President. It's especially vital at this moment in our history.
President Trump and his agenda are likely to come before the Supreme Court eventually. From his violations of the Constitution's emoluments clause to his unprecedented Executive actions, President Trump is likely to keep the High Court busy. We need Justices on the Supreme Court who are truly independent.
President Trump's announcement came 10 months and 15 days after a White House announcement about another Supreme Court nominee I mentioned earlier, Judge Merrick Garland, perhaps the most well- qualified, mainstream, independent nominee to come before the Senate. Merrick Garland is a son of Illinois, a good man, and an outstanding judge. Judge Gorsuch himself once described Judge Merrick Garland as ``among the finest lawyers of his generation.''
Merrick Garland was subjected to unprecedented obstruction by Senate Republicans and Senator McConnell. Republican Senators simply ignored their constitutional responsibility to consider this nomination, for political reasons. It was worse than a filibuster.
Do you remember the time when Senator McConnell and a number of others in the leadership said they would not even meet with the President's nominee--would not even give him the courtesy of a meeting? Merrick Garland was the first Supreme Court nominee in our Nation's history to be denied any consideration by the Senate--no hearing, no vote--nothing. It was shameful.
I took an oath of office to support and defend the Constitution-- every Senator does--and to bear true faith and allegiance to it. I take it seriously. Even though my Republican colleagues chose to ignore their responsibilities when it came to filling that Supreme Court vacancy in an election year, I know we have a constitutional responsibility to give Judge Gorsuch a hearing and a vote. I will do my due diligence as a Senator and give his nomination fair consideration. That is what the advise and consent responsibility of article I, section 8 of the Constitution requires.
If my Republican colleagues complain about the process for Judge Gorsuch, just remember that no one ran a worse process on a Supreme Court nominee than my Republican colleagues themselves did for Merrick Garland. They really have no right to complain.
Now that President Trump has nominated Judge Gorsuch, Senators will embark on a thorough review of his record. He was confirmed to the Tenth Circuit in 2006, but the level of scrutiny is far higher for Supreme Court nominees and lifetime appointments to the High Court. He now has a lengthy judicial record which we will review carefully.
There are parts of his record that already raise questions and concerns. In recent years, we have watched the Supreme Court transform into a corporate Court, where all too often cases seem to break for the big corporations, regularly against the little guy. We need a Supreme Court that gives the American people a fair shot against corporate elites, corporate special interests. Judge Gorsuch's record as a judge and advocate raises concerns as to whether he would hasten that trend toward a corporate court.
I note that yesterday, Reuters published an article entitled ``As Private Lawyer, Trump High Court Pick Was Friend to Business.'' The article said that while Judge Gorsuch was in private practice, he ``often fought on behalf of business interests, including efforts to curb securities class action lawsuits, experience that could mould his thinking if he is confirmed as a [Supreme Court] justice.''
During his time on the bench, Judge Gorsuch appears to have a consistent pattern of favoring companies over workers in cases involving employment discrimination, worker safety, and other matters. That is why we need to carefully review his record.
Judge Gorsuch must also answer important questions about his views on issues of fundamental importance to American people, such as our right to privacy. Is there anything more important? Almost on a daily basis we are being asked if we are ready to give up a little more of our privacy. We know that corporate interests and business interests are collecting data on us. We can find it every time we log on to the Internet and there is this cascade of ads on the side of the page asking us if we want to buy something that we just happened to buy a couple months ago. We know as well that information is being catalogued carefully and being used by business interests to promote their products and to categorize us as Americans. We also believe--I think there are even some Republicans who
believe--that individuals have a right to privacy when it comes to the overreach of the Federal Government and when it comes to critical decisions so important to our personal lives. At that last heartbreaking moment when a family member has to decide about the medical care for someone who is nearing death, is that going to be subject to a court order or is that going to be a decision made privately by a family? At that moment when a family faces the pregnancy of a teenage girl in the household, is that a family decision or is that a decision where government has the last word? The Supreme Court decides this, and we need to ask Judge Gorsuch what he thinks and understand clearly what he says.
We also believe that when it comes to our security--not just our privacy but our security--the Supreme Court time and again will have the last word. When it comes to the issue of safety, health, and environmental protection, where will this new Supreme Court nominee be? Is he going to bend toward the corporate interests and look the other way as we face climate change, the pollution of streams, the contamination of our drinking water, and dangers to our public health? If he is going to rule consistently for the corporate interest no matter what, he certainly doesn't, as far as I am concerned, represent the values we need on the Supreme Court. He needs to answer questions as well on immigration, privacy, campaign finance, and voting rights.
Like Justice Scalia, Judge Gorsuch professes to be an originalist. Let me address that for a moment. I have been with the Judiciary Committee for quite a few years. Time and again, whether it is the nominee for Attorney General or nominees for the High Court, here is the cliche we are given: We are just going to apply the rule of law, whatever the law says. That is what we do. We are originalists. I call that the robotic view of justice; that if you just plug in the facts, a computer can tell you the answer because a computer compares it to the law. Yet we know better. We know judges make decisions based on a variety of concerns, and they weigh some facts more carefully and give some facts more strength than others. This rule of law by robotic justice is a fiction. We know that each nominee, whether from a Democrat or Republican, brings views to the Court that will decide how many cases will lean.
Judge Gorsuch has to answer the questions forthrightly. There is a cottage industry of teaching nominees to give thoughtful nonanswers to important questions. That will not cut it for me or many of my colleagues. The American people want honest, candid candidates for the bench.
We know Judge Gorsuch is the hand-picked nominee by President Trump and has been lauded by rightwing organizations all over the United States. They hope he will be a dependable vote in their favor, but he has to demonstrate--to me and to many other Senators--that he will be prepared to disappoint the rightwing if the Constitution and law require it.
Since the confirmation of Justice Clarence Thomas in 1991, Supreme Court Justices have had to show they can pass the threshold of 60 votes to get confirmed. I expect nothing less from this nominee. Justice Elena Kagan, nominated by President Obama, received 63 votes; Justice Sonya Sotomayor, nominated by President Obama, received 68 votes; Justice Sam Alito had a cloture vote where he received 72 votes and subsequently received 58 votes for his actual confirmation; Justice Roberts, 78 votes; Justice Breyer, 87; Justice Ginsburg, 96.
Judge Gorsuch has a burden to bear. He has to demonstrate that he is a nominee who will uphold and defend the Constitution for the benefit of all of us, not just for the advantage of a privileged few.
I take my constitutional responsibility very seriously when it comes to the Supreme Court. As a member of the Judiciary Committee, I am reviewing the record and preparing questions to ask the nominee. It is going to take some time. It usually does, several months. But my Republican colleagues have kept this seat vacant since February of last year, so they don't have any basis for arguing and complaining that we just have to move on this really fast.
I am sorry we are not considering the nomination of Merrick Garland, an eminently qualified mainstream judge who deserved better treatment than he received from Senate Republicans and Senator McConnell. No one deserved the treatment Merrick Garland received.
With my oath to support and defend the Constitution in mind, I will consider Judge Gorsuch's nomination pursuant to the Senate's role of advise and consent. I will strive to be thorough, fair, and focused on the important principles I have discussed today.
I yield the floor.
Mr. President, there is a provision in the law which allows the Congress to review regulations within 60 days after they are written and decide up or down. That is what we are doing here.
This is about the stream rule that has a direct impact on mining operations, particularly coal mining operations. This has been a battle that has been going on for decades--decades--trying to establish a fair environmental standard for those in mining operations. Efforts have been made, some with limited success. Courts have thrown out earlier versions. So the Obama administration decided they would tackle this. They spent 6 years rewriting 380 pages of rules. Over 150,000 public comments were solicited and received.
This is a pretty controversial matter, as you can tell. I have been amused by the critics of this rule who said: Well, Obama just did that as he was going out the door. No. They worked on it for years. There were, as I said, over 100,000 public comments. It is not easy. It is tricky and it is challenging, but they produced it. Now today the Republicans in the Senate and the House want us to wipe it away.
What difference would it make? If you don't live next to a coal mine, do you think, well, what difference does it make in my life?
I listened to Jeff Merkley, my friend from Oregon, talk about the streams and the rivers. Maybe I don't fish, and I don't care. I don't go out camping, either, and I haven't been hiking. Whether the fish are alive or dead or the streams are polluted or not, who cares? I guess some people feel that way. I don't, even though I don't use our natural resources as much as some. But there is a bigger issue here. This is not just about whether there will be fish alive in the stream or the lake.
Let me tell you what that issue is. The issue is the safety of our drinking water. Do you know what is going on when these mining operations dump all this debris into the streams? It rains. Water is flowing. The stream water goes downstream. Now follow the water from the dumping of the mining operations to the chemicals included in that dumping--arsenic, for example. As it goes downstream, it doesn't just kill the fish. In my State, 1 out of 10 people in Illinois depend on those internal river and stream sources for their drinking water. If you don't have honest, realistic, and safe standards when it comes to drinking water, you have decided to up the risk of the people who are drinking the water that comes out of the tap.
I think that is a problem. Have you had a conversation with your family at any point about what is going on? Why do we have so much cancer in this area? Why do we have so many problems in this area? Could it be the drinking water? We have asked that question ourselves in our own area of Central Illinois, and many other families have asked the same.
If we take the approach which we are being asked to today and wipe away the safety standards for the water that is ultimately flowing into the taps where we drink it, shame on us. Shame on us. Is it too much to ask the mining operations not to dump their trash into the streams? Is it too much to ask
them to restore vegetation after they have chopped off the top of a mountain in West Virginia? In Illinois, I can tell you the strip mining, which went on for years and decades left a lot of areas of beautiful farmland in Illinois forever blighted.
Whatever happened to the coal companies that stripped off that land, took the coal, and left the mess behind? Long gone. You couldn't find them if you wanted to.
What Senator Cantwell has said, and we ought to remember, we believe polluters should pay. We believe that the ultimate responsibility, when it comes to keeping our environment clean, our drinking water safe, is on the polluter. The Republicans disagree.
They say: Well, it is just Obama's War on Coal.
All right. If you want to bring it down to that level, then it is Trump's War on Clean Drinking Water. That is what this vote is all about. That is what it is all about. Shame on us if we decide to eliminate this protection for families and run the very real risk that the pollution in those streams could cause public health issues, as well as the death of wildlife and fish downstream. That is why I think this vote is so important.
This is a first. You heard what Republicans have said is the reason American business is not growing--overregulation. You get this picture of some mettlesome, busybody bureaucrat dreaming up some other way to make life more difficult for people who own businesses. I will tell you there is some of that, and I am not going to defend it, but there is also a conscientious effort by people who are scientists to try to make sure that those of us who are not scientists live in a world that is safe, safe for the air we breathe, safe for the water we drink. If we start sweeping that away, rejecting the science that proves overwhelmingly that we are going through global warming and climate change, rejecting the science that says the runoff in these streams and rivers could ultimately hurt not only wildlife but ultimately hurt the American people and the water they drink, shame on us.
Well, we will get rid of regulations, coal mining operations will make more money, and maybe they will continue on--I am sure they will in some respect--but will we be better off as a nation?
This is day 14 of the Trump Presidency. It seems like a lot longer to some of us. Republicans in the Senate and the House have decided to strike a blow for eliminating science-based regulation to protect the public health. It is a shame, but it is going to happen. They have the votes on the Senate floor. They are in control and now the American families are going to ask us: Were you there? Were you standing up for us when the safety of our drinking water was at stake?
I will be voting no on this effort to repeal this legislation.