Mr. President, I have come to the floor to speak on the nomination of Congressman Price to be the Secretary of Health and Human Services. But before I do, I must speak to the decision that the U.S. Court of Appeals for the Ninth Circuit…
Mr. President, I have come to the floor to speak on the nomination of Congressman Price to be the Secretary of Health and Human Services. But before I do, I must speak to the decision that the U.S. Court of Appeals for the Ninth Circuit just decided in the case of the State of Washington and the State of Minnesota v. the President and the Department of Homeland Security.
I am pleased to see that the courts of the United States are still part of the separate coequal branch of government that the Founders dictated when they ultimately created an ingenious document, the Constitution of the United States, which served the Nation well for so long, even though it seems the President may need a review of history and an understanding of the Constitution as it relates to the separate coequal branches of government, because he seems to be willing to try to disparage the judiciary in an effort to try to either effect their decisionmaking or to call into question the legality of their decisions or the righteousness of their decisions.
I am glad to see that that has not affected our judicial system. I just want to read some elements of the court's decision, which I think are pretty extraordinary. Of course, this is far from a final decision on the merits, but it was on a motion for a stay of the order of the district court that said, basically, that the Muslim ban could not be continued to be enforced.
The court said--and I am quoting--in a unanimous opinion which speaks very powerfully to their decision:
We therefore conclude that the States--
Meaning the State that brought forth--Washington, as well as the State of Minnesota--
that the States have alleged harms to their proprietary
interests traceable to the Executive Order. The necessary
connection can be drawn in at most two very logical steps:
(1) the Executive Order prevents nationals of seven countries
from entering Washington and Minnesota; (2) as a result, some
of these people will not enter state universities, some of
them will not join those universities as faculty, some will
be prevented from performing research, and some will not be
permitted to return if they leave.
We therefore hold that the States have standing.
That was one of the critical legal bars.
Secondly, they opined on the reviewability of the Executive order. This is, I think, extraordinarily important. The Court went on to say-- I am paraphrasing at this point: Yes, the courts owe substantial deference to the immigration and national security policy determinations of the political branches--legislative and executive. But it went further to say:
Instead, the Government has taken the position--
This is on behalf of the executive branch--
that the President's decisions about immigration policy,
particularly when motivated by national security concerns,
are unreviewable--
Unreviewable--
even if those actions potentially contravene constitutional
rights and protections. The Government indeed asserts that it
violates separation of powers for the judiciary to entertain
a constitutional challenge to executive actions such as this
one.
I did not really capture that the government had made that argument. But that is an extraordinary argument. The court went on to say:
There is no precedent to support this claimed
unreviewability, which runs contrary to the fundamental
structure of our constitutional democracy. Within our system,
it is the role of the judiciary to interpret the law, a duty
that will sometimes require the ``[r]esolution of litigation
challenging the constitutional authority of one of the three
branches.'' We are called upon to perform that duty in this
case.
Further they say: ``Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution.''
That is an extraordinary set of statements that the government made, saying that the President's actions are unreviewable in this regard.
They further go on to say: ``Nonetheless, `courts are not powerless to review the political branches' actions' with respect to matters of national security.''
It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties which make the defense of the Nation worthwhile.
Well, I fully agreed with the circuit court's determination in that regard.
It goes on to say: ``In short, although courts owe considerable deference to the President's policy determinations with respect to immigration and national security, it is beyond question that the Federal judiciary retains the authority to adjudicate constitutional challenges to executive action.''
Well, all I can say is, thank God. Thank God that the courts of the United States feel that they are not controlled by the executive branch in pursuing the decisions that are made. This is a great day for democracy in our country and for the preservation of the separation of powers. This is a great day, I think, from my own perspective, that a ban that does not help the United States but harms us and is against every fiber of our being and the nature of the history of our Nation, which was founded by those fleeing religious persecution--ultimately, today, we restore that sense of our history, and we restore who we are as a nation both at home and across the world.
But today's decisions in this regard are also important as we consider the nomination of Congressman Price, so I want to rise today, along with so many of my colleagues, to voice my strong opposition to the confirmation of Congressman Price to be the Secretary of Health and Human Services.
I am deeply concerned about his views on what is the core mission of Health and Human Services, not only his career-long opposition to the very existence of Medicaid and Medicare but his wavering fidelity in science and his regressive views of women's health care and the social safety net.
The Secretary of Health and Human Services is one of the few Cabinet positions that affect virtually every single man, woman, and child in America. It affects the health care of 56 million seniors on Medicare, of 74 million low-income individuals and children on Medicaid, and of 12 million Americans who have enrolled in the Affordable Care Act coverage. But more than that, the Department of Health and Human Services is home to the world's leading institutions of research at the National Institutes of Health, of advancing public health and epidemiology at the Centers for Disease Control and Prevention, known worldwide, of working to ensure that we have access to the most advanced, most effective, and safest medications at the Food and Drug Administration, and many other critical departments and agencies that we as Americans rely on.
Many of our Republican colleagues have pointed out that Congressman Price's history as an orthopedic surgeon is enough evidence that he is someone who should be in charge of the Department of Health and Human Services. I can't speak to his credentials and qualifications in the operating room, but I do have a constitutional obligation to speak about his credentials and qualifications to be the Secretary of Health and Human Services. So I can say without hesitation that his career in Congress and his positions on key issues of policy have proven to me that he is not the right person for the job.
Throughout his time as a congressman--most recently as the chairman of the House Budget Committee and during his confirmation process through the Senate Finance Committee, on which I am privileged to serve--it has become abundantly clear that Congressman Price views patients, including seniors on Medicare and even those with private employer coverage, as nothing more than a source of revenue or a budget line item. The characteristics that had defined Congressman Price's career run contrary--contrary--to the fundamental mission of the Department of Health and Human Services, and it should be a cause for concern across the aisle and across the country.
Despite the alternative reality portrayed during his confirmation hearings in both the Finance Committee and the Health, Education, Labor, and Pensions Committee, Congressman Price's vision for our Nation's health
care system has been laid bare for the public to see for years. All one has to do is look at the legislation he has introduced and the radical budget proposals he, along with Speaker Ryan, has been pushing through the House of Representatives. Let's look at some of them.
Let's start by taking a look at his plan for Medicare, which is, by all intents and purposes, a plan to fundamentally end Medicare as we know it, end Medicare as we know it. Despite Congressman Price's seeming denial of this fact, when I asked him about it directly during his confirmation hearing, there is absolutely no other way to characterize his plan: It ends Medicare as we know it.
Currently and for more than 50 years, Medicare has provided a guarantee--a guarantee; that word is critical--to seniors that they will have coverage, access to care, and the ability to rest assured that their health care needs will be taken care of. It is a system into which they paid their entire working lives and a compact that has been made with the Federal Government that we will uphold our end of the deal and ensure that they have quality coverage to stay healthy.
The Affordable Care Act, despite the years-long gnashing of teeth and fake tears shed by some of my Republican colleagues, has improved upon this deal and made Medicare stronger. It has extended the life of the Medicare trust fund by more than a decade. It has saved seniors $27 billion on prescription drugs and last year alone provided more than 40 million seniors access to no-cost preventive services--no-cost preventive services. In my home State of New Jersey last year, seniors on Medicare saved more than $263 million on prescription drugs, and nearly 1 million seniors were able to receive free preventive services.
Additionally, thanks to the law's health care delivery system reforms, we are seeing far fewer hospital-acquired conditions and greater coordination of care that has resulted in a healthier population and a more efficient health care delivery system. That reality stands in stark contrast to Tom Price's vision of what he thinks Medicare should be and in stark contrast with the vast majority of seniors who want to protect the program for their loved ones and for themselves.
Unfortunately, President Trump, who himself spent an entire campaign promising that he is ``not going to cut Medicare or Medicaid,'' nominated a leading member of this radical anti-Medicare movement to impose devastating cuts to the program, force seniors to pay higher costs, and lower the quality of care throughout the health care system.
Congressman Price's destructive legislative history on Medicare does not lie. It is there. It is in the record. It is there for anybody who wants to see it. It tells a stark truth about his desire to increase the eligibility age, about ending the guarantee--the guarantee of coverage.
You know, that is why we call it an entitlement. If you meet the criteria under the law, you are entitled to those health care services; you are guaranteed those health care services. But his whole legislative history is about ending the guarantee of coverage we currently have and replacing it with the possibility of coverage. The difference between a guarantee and a possibility is a far, far too significant gulf to be able to overcome--but only if you can afford the difference between Congressman Price's coupon and the actual cost of care under his vision. The Congressional Budget Office has shown that this will unquestionably increase costs for seniors.
His dark view of Medicare, that--to quote Congressman Price-- ``nothing has a greater negative impact on . . . health care than the Federal Government's intrusion . . . through Medicare''--that is an extraordinary statement. I am going to quote it again. ``Nothing has a greater negative impact on . . . health care than the Federal Government's intrusion''--intrusion, mind you--``through Medicare.'' That is understandably causing a lot of concern back home in New Jersey. Many people have been calling and writing me to express their thoughts.
Dr. William Thar of Summit, NJ, himself a retired physician of more than 50 years, wrote in that Price's ``willingness to privatize Medicare indicates a lack of concern for Americans who need health care coverage.''
I also heard from Cara Davis of Glen Ridge, NJ, who wrote in on behalf of her uncle, who has end-stage renal disease and requires dialysis, saying, ``If [Price] and the Trump administration successfully move Medicare to a voucher program''--again, that is different from a guarantee--``I fear that my uncle will not be able to afford the necessary coverage for his dialysis treatments.''
For me, the battle to protect Medicare is more than a political battle; it is more than a theoretical battle; it is a deeply personal battle to protect a program that allows seniors to live with dignity during the twilight of their lives.
My personal connection to the value of the Medicare Program stems not from my experience but that of my late mother, Evangelina. For 18 long, difficult years, my mother suffered from Alzheimer's disease. During those years, we watched as this strong, courageous woman drifted further and further away from us. After her diagnosis, I, like so many families across our Nation, hoped for the best, but we expected the worst. And while there were times early on when she seemed just fine, those times turned into lost moments, and those lost moments eventually lasted forever.
At this point, I had to wonder if all the moments of her life--her struggle to flee her homeland and seek freedom in the United States, of my youth and all of the time spent together--were still in there, still with her somehow, or whether those memories were lost forever.
As her illness progressed, she lost her cognitive abilities, and eventually we had to admit to ourselves that our mother was no longer with us, until, mercifully, the Good Lord took her, and the long goodbye came to an end.
Throughout this experience, throughout her struggle of fighting back against the progress of Alzheimer's, our family knew that Medicare would be there to provide her with access to the health care she needed. I learned that Medicare wasn't just there for her; it was there for the rest of us, too, providing her with access to care, while granting us the ability to focus on making the most of the limited time we had together.
Medicare was there to meet the challenges of her illness as well as the intergenerational challenges that arise when caring for a parent in the twilight of their lives while simultaneously working to put your own children through college. I lived it, I saw it, and I understand it. My mother would not have lived with the dignity that she deserved in the twilight of her life after working a lifetime and paying for Medicare, but for Medicare as a guarantee.
I know all too well that an underfunded voucher would undermine Medicare's ability to live up to the responsibility that we have to care for one another and to provide that same dignity to seniors as they and their families prepare to say good-bye for the last time.
That is why I couldn't agree with Dr. Thar or Ms. Davis more, and I share their concerns about what Congressman Price has in mind, despite the repeated pledges from President Trump to the contrary for the future of Medicare.
My concerns about Congressman Price don't stop with his desires to end Medicare, because those desires also extend to end Medicaid, as we know it, as well. His desires to end Medicaid are really a two-front war. The first is to repeal the highly successful expansion of Medicaid provided for under the Affordable Care Act, which has extended lifesaving care and coverage to over 200,000 New Jerseyans, many of whom are covered for the first time.
Nationwide, the Affordable Care Act's Medicaid expansion is one of the most successful aspects of health reform. Currently, 32 States and the District of Columbia have taken advantage of Medicaid expansion, making coverage available to 11 million people, because they recognize the value in providing people with coverage, with access to preventive care, with the ability to manage chronic conditions--all of which lead to a healthier, more productive population.
The second is to eviscerate funding from Medicaid by taking away the current funding structure and replacing it
with a block grant or some other form of arbitrary underfunding that they mask as allowing for ``state flexibility.''
We have seen this picture before. Take away an obligation, an entitlement, move it to a block grant, underfund it, and ultimately slay that opportunity for people to have a guarantee.
We all know what is meant when Congressman Price talks about State flexibility. He means the flexibility to slash enrollment and deny people access to coverage. He means forcing States to choose between cutting payments to doctors for treating low-income Medicaid patients or cutting other vital State services like education and infrastructure. He means unraveling Medicaid benefits so that for those few still able to enroll, they won't have adequate coverage for most of the health care issues they need treated. It means simply putting his radical ideological opposition of the Federal Government being involved in health care ahead of the lives of millions of men, women, children, and seniors and the disabled across the Nation. That is truly remarkable for a man who took the oath to ``first do no harm.''
As with his views on Medicare, his desire to end Medicaid expansion has caused a lot of people from New Jersey to write me about their concerns. I would ask Congressman Price and other like-minded Republicans to consider carefully the stress and potentially devastating impacts these policies have on real people--real people like Jolie Bonnette from Brick, NJ, who wrote to me about how she was able to finally gain access to health coverage, thanks to Medicaid expansion. She wrote: ``Without this care and my Medicaid medication coverage, I would have died, because I would have no access to doctors or medications.''
Jill Stasium from Jersey City wrote in saying that thanks to Medicaid, ``[I] have been receiving top quality health care for the first time in my life.''
I ask my colleagues how the mantra of State flexibility, which is just another way of ensuring funding for Medicaid is slashed and access to life-enhancing treatment is denied, is going to impact Ms. Bonnette and Ms. Stasium. I ask how they can justify taking away their coverage--coverage that has provided, for the first time in their lives, not only the peace of mind of having health insurance, but also it is the first time they have had regular access to the doctors and medication necessary to live.
How do we justify that? We can't do it on the basis of State flexibility and surely not on the basis of a 6-year-long political vendetta against the Affordable Care Act. Yet somehow, with this nominee and this Republican Congress, this is something that we are all going to have to justify to every single one of our constituents.
Unfortunately, the list of destructive policies supported by Tom Price doesn't end with his desires to end Medicare as we know it and to dismantle Medicaid. This is also not surprising given the Republican agenda for the last 7 years to repeal the Affordable Care Act, throw millions of Americans off their health insurance, and return us to the dark ages where insurance companies have free rein to deny coverage for preexisting conditions, cancel coverage after a devastating diagnosis, limit what benefits are covered, and discriminate against women. That is what the marketplace was before the Affordable Care Act.
Now, this is not new. The Republicans have been trying to repeal health care reform and deny millions of Americans health care coverage since before the law was even passed. It has sadly become dogma for Republicans--dogma to repeal ObamaCare, which they voted to do 60-some odd times. But now, after 7 long years, the chickens have come home to roost.
They now have the ability to live up to their dream of repealing the law, but are starting to realize what the implications are--starting to realize that real people will face real life-and-death situations that result from Republicans putting partisan ideology ahead of the well- being of their constituents, starting to realize that on-the-ground implications of the Affordable Care Act mean real people receiving real treatment for real health conditions.
One of these people is David Konopacki from South River, NJ. David is a diabetic who, thanks to the Affordable Care Act, no longer has to choose between paying for college and paying for the medication he needs. David put it so succinctly: ``The Affordable Care Act is literally the difference between life and death for so many.''
The same holds true for Mrs. Lori Wilson from Morristown, NJ. Her son, like David, has diabetes and has had diabetes since birth. As she writes, her son ``is just one citizen among millions whose life, literally, depends on access'' to care, and under the Price Republican plan, that access is denied.
I mentioned that repealing the Affordable Care Act means reinstating the ability of insurance companies to deny coverage for preexisting conditions. As diabetics, these folks would find it impossible-- certainly, financially impossible--to find coverage that would allow them to get their medications and see their physicians. That is what is shocking about Tom Price. Despite knowing full well that the ban on preexisting conditions is one of the most widely supported and critically important aspects of the Affordable Care Act, he considers it to be a ``terrible idea.''
Let me say that again. Tom Price's views on health care are so radical that he thinks insuring people with preexisting health conditions--like diabetes from birth--and guaranteed access to coverage is a ``terrible idea.'' That is an extremely callous way to put ideology above people's lives.
Let me close on this. I have spoken about the many reasons I am opposed to Congressman Price's nomination to run the Department of Health and Human Services, including his long-held opposition to Medicare. But above all else, one of the reasons I am opposing Congressman Price is because of the seeming lack of fidelity to the one thing that runs at the heart of health care and the heart of the Health and Human Services Department, which is science.
For years Congressman Price has been a member of a group called the Association of American Physicians and Surgeons. This is a group of so- called doctors who push dangerous conspiracy theories and widely debunked claims that have serious implications for the public health. The prime example of this is their assertion, despite all evidence to the contrary, that vaccines aren't safe and that they cause autism. Nothing could be further from the truth. In fact, this week I received a letter signed by 350 organizations, including several from New Jersey and several representing the autism community, restating the fact that ``vaccines are the safest and most cost-effective way of preventing disease, disability, and death'' but unfortunately, because of widespread misinformation, the United States ``still witnesses outbreaks of vaccine-preventable diseases,'' including the biggest outbreak of whooping cough since 1955, and the fact that we have upwards of 50,000 deaths a year from complications of vaccine- preventable influenza.
While Tom Price, personally and as a physician, might understand these basic facts, what worries me most is that the President of the United States does not, posting on Twitter for years that vaccines are dangerous and appointing anti-vaccine conspiracy theorists to critical posts in the White House and possibly to key positions within the Department of Health and Human Services.
When I asked Congressman Price directly about his fidelity to science and his willingness to stand up to the President about adhering to science as the guiding principle at the Department of Health and Human Services, his answers were far less than satisfactory, and he left me with the impression that he is unwilling to counter the President when he touts untrue claims about health care and ensure that personnel within HHS are stewards of sound science and not ideology.
For the Department that oversees the Centers for Disease Control, which is the global beacon of health care that must be focused on science, that is simply incredible.
I rise today to give my voice in opposition to Nominee Tom Price as the next Secretary of Health and Human Services, and I rise to be the voice of Dr. William Thar, Cara Davis, Jolie Bonnette, Jill Stasium, David Konopacki, Lori Wilson and the over 6,000 New Jerseyans who have called
and emailed me to vote in opposition to Tom Price's nomination. I will do that when it comes time for a vote.
With that, I yield the floor.