Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I announced my decision to vote against Judge Kavanaugh several weeks ago, after meeting with him and after studying his record,…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, I announced my decision to vote against Judge Kavanaugh several weeks ago, after meeting with him and after studying his record, because he essentially put his thumb on the scale in support of corporate interests. He has
consistently sided with corporate special interests, large corporations that outsource jobs over workers, and has sided with Wall Street over consumers.
I made that decision before Dr. Ford came forward, but I am grateful for her. I am grateful she did, even at great personal cost and personal risk. I believe Dr. Ford. Why in the world would someone do what she said--again, at great personal cost and great personal risk-- if she weren't telling the truth precisely? I am grateful to her. I am grateful for all of the brave women inspired by her to speak out and share their own stories. A number of them have written to my office. A number of them I have spoken to on the phone. Some of them told us for the first time in their lives, after--one woman was in her seventies, and it was the first time she had spoken of her sexual assault.
Please understand, all of the people, all of the women and men--I have gotten letters from men, too, but mostly women--understand. To all of you all over the country: We see you. We hear you. Your story matters, and you make a difference.
It is wrong that political influence and artificial deadlines put on them, imposed by the majority leader down the hall and the President of the United States--artificial deadlines and political influence prevented the FBI from performing the complete and thorough investigation the American people deserve. Instead, Senate leaders and the White House straightjacketed the FBI.
I don't blame the FBI. They only did what Senate leaders--what Republican leaders who wanted to ram this nomination through as quickly as possible and the White House, which would never want to compromise on anything like this--they straightjacketed the FBI. They kept our law enforcement professionals from doing their job.
According to Dr. Ford's lawyer, the FBI didn't even speak to more than a dozen witnesses that Dr. Ford asked them to interview. They are trying to corroborate whether her story was true, but the FBI then didn't interview Dr. Ford or Judge Kavanaugh, nor did they interview the people Dr. Ford suggested to them, the names that Dr. Ford gave them, people who could corroborate what happened. So the FBI did not interview any of the people that Dr. Ford asked or Dr. Ford herself.
Then my colleagues say that there is no corroborating evidence, so she didn't do it, so we have to believe Judge Kavanaugh. That is their logic: The investigation--again, not because the FBI didn't want to do it right but because of what leadership, what political leadership, elected officials and bureaucrats in the White House and the Senate did to prevent the FBI from doing its job--that is why that was a scam.
So what really matters here? It really matters that we listen to women. It also really matters because the Supreme Court has enormous influence over the lives of everyone in my State. Any nominee must defend the rights of all Americans to have comprehensive healthcare coverage and make their own healthcare decisions, must defend the rights of Americans to collectively bargain for safe workplaces and fair pay.
I don't think my colleagues really understand the process of collective bargaining. I am working on a bipartisan basis with a number of our colleagues on a pension bill right now. I don't know that our colleagues here understand that people--when it comes to pensions, they sit down at the bargaining table, and they give up wages today so they will have a secure retirement. I am concerned about this Supreme Court's rejection, potentially, of collective bargaining rights and safe workplaces and fair pay and fair benefits. I am concerned about this Court in terms of protecting American workers and American consumers from discrimination and, shall we say, Wall Street greed.
I am troubled already by the Supreme Court's recent decisions stripping rights from Ohioans on many issues. That is why I met with Judge Kavanaugh before I made my decision earlier this summer and why I asked him about his views on the issues that matter to Ohioans. I reviewed his record. I am not a lawyer, but I pay a lot of attention to these issues. I looked at these decisions, and I listened to Ohioans who weighed in. It was clear that I could not support Judge Kavanaugh's nomination to our highest Court, again, because he puts his thumb on the scale of justice, always with a bias toward corporate interests over workers, over consumers.
On healthcare, you have heard Senator Shaheen, Senator Markey, Senator Hassan; I listened late last night. You have heard them talk about preexisting conditions. This Court is moving toward saying to the health insurance industry: You can cancel the insurance of people with preexisting conditions.
For 10 years, we have had consumer protections. If you are a cancer survivor, if you have asthma, as my wife had at a young age and has continued to manage her asthma well--and she has said very publicly that we can talk about this--or if you have Parkinson's or any other preexisting condition--heart disease or high blood pressure--you are protected from the insurance company canceling your insurance. That has been the law for 10 years. That law is under duress.
If this body votes to confirm Judge Kavanaugh today, it means that 5 million Ohioans--almost half of the people in my State have a preexisting condition. It means they should be concerned that this Supreme Court will take away those consumer protections and will say to the insurance company: You can cancel somebody if they get expensive. You can cancel somebody's insurance if you find out they had cancer. You can do all those things.
Its rulings and positions on the rights of Ohio workers and women and consumers would take us in exactly the wrong direction. His nomination comes when the stakes for working Ohioans couldn't be higher. He will talk about settled law, but settled law is only settled--again, I am not a lawyer, but this is pretty obvious. Settled law is only settled until the Supreme Court says it isn't. We know it with voter rights; we know it just recently with worker rights.
Last term, the Court issued a string of anti-worker decisions. In Janus v. AFSCME, the Court overturned decades of precedent--oh, yeah, settled law--and limited the ability of public sector unions to advocate for the workers they serve. This is a Supreme Court that almost always sides with corporations over unions, with corporations over workers, with corporations over consumers.
The decision in Epic Systems Corp v. Lewis limited the ability of workers to have their day in court when they are mistreated by their employer. The power already rests with employers on all of these kinds of worker-employer issues. This Court wants to make it worse. Judge Kavanaugh's record shows that he will accelerate that direction. This Court has proved time and again that it stands on the side of powerful corporations, not American workers.
We know what has happened in this country. We know that profits have gone up. We know that executive compensation has exploded. We know that productivity is up for workers, but we know that workers' wages have been stagnant. So the top 1 percent or 5 percent--they are doing great. They get big tax cuts. They get stock dividend buybacks. They get all kinds of breaks. The fact is, workers have seen their wages stagnate. This Court will make it worse.
There are several cases next term where the Court has the power to fundamentally tip the balance of power even further toward corporations--cases like Lamps Plus Inc. v. Varela, in which the Court could rule on whether a worker can file a class action suit against an employer that violates her privacy and releases personal information to the public. An individual worker never has the power or the money to hire an attorney to take on these companies. That is why workers need to band together to take on a powerful company, a powerful employer, a powerful corporation.
In another case, New Prime Inc. v. Oliveira, the Court will decide whether a worker who was misclassified as an independent contractor can bring a class action lawsuit, whether the Federal Arbitration Act applies to an independent contractor agreement. In other words, this Court has already moved in the direction--as this Congress did, by one vote, if I recall--of giving corporations more power, in saying to employees: Sorry, you don't
get your day in court. Again, employees individually don't have the financial wherewithal to be able to go to court and hire a lawyer, but if the employees band together, they can. That is what the issue of forced arbitration is about. That is what Judge Kavanaugh has consistently been wrong about.
I have looked at his record. It is clear, we can't trust him to stand with Ohio workers in any of these cases. He has opposed basic protections for workers trying to hold employers accountable--cases like AFGE v. Gates. He has consistently ruled against claims of worker discrimination and worker safety violations. He has consistently ruled against workers who stand up to corporate mistreatment in cases like Verizon New England v. National Labor Relations Board.
His nomination also poses a serious threat to the 5 million Americans under age 65 with preexisting conditions. Again, that is half of my State. If you meet a 40- or a 50-year-old--if you are in almost any group, you sit there and you look to your right and you look to your left, one of those two people, on average, is going to have a preexisting condition. Is their insurance going to be jeopardized? It is with this Congress, which wants to do this, and this Supreme Court and this President want to strip away the consumer protections for people with preexisting conditions.
They want to give the insurance companies the right to cancel your insurance. Oh, you have cancer? You cost us a lot. I am the insurance company; you cost us a lot. I am going to cancel your insurance then because you cost us too much money. You can't do that under present law. You can't do that because of the Affordable Care Act. They will be able to do it if Judge Kavanaugh gets on the Court because you can bet the Court is moving in that direction.
Consumer protections are under attack in our court system right now with the case of Texas v. United States. It is likely going to make its way to the Supreme Court, and Judge Kavanaugh's record on healthcare gives us a pretty darned good clue how he would rule.
He refused to uphold the entire law that is constitutional--a law that says if your child has diabetes or your mother has asthma, the insurance companies can't raise your costs or turn them away.
This is about the cost of health insurance. It is about saying all of us want good insurance. All of us want to be able--nobody wants to get sick. Nobody wants to have high healthcare costs. The reason we have insurance is so that people who get sick can make sure they keep their insurance and can have help. But the insurance companies--if they get their way now, they may not deny you care if you have cancer; they will just raise your rates so high that you will not be able to afford it. There really is no difference.
Without these protections, insurance companies will once again be free to charge you five times the rate of your neighbor. If you are sick, if you have neighbors on both sides who aren't, they will raise your rates because you are sick, if they have their way. We can't risk it. You are lucky enough to be well; your neighbor is diagnosed with high blood pressure; the other neighbor, their child has epilepsy, and their rates get raised, but yours don't, all because Judge Kavanaugh and this Court and this Congress seem to want it that way. We can't risk Ohio families not having access to care by sending him to the Supreme Court.
It is not just on preexisting conditions where he would pose a threat to Ohio's healthcare. Dozens of cases pending in lower courts could determine the price you pay for healthcare over the next few years or whether you get care at all. Again, if the price is so high, it is the same as denying you care because you can't afford it. There are cases on everything from false advertising by insurance companies to whether your employer is required to give you access to healthcare.
Of course, we know that the stakes are particularly high for women. That was true before Dr. Ford courageously came forward. It remains true. We can't risk the ability of Ohio women to make their own personal private health decisions between themselves and their doctors by giving a lifetime appointment to a judge who has shown repeated hostility to women's healthcare freedom.
We know the promises President Trump made when he was a candidate, saying that he would put somebody on the Supreme Court who would overturn Roe v. Wade. We know the list of judges he chose from, and the Federalist Society had that same commitment to overturn Roe v. Wade. Anybody in this body that thinks the judge is promising that this is settled law ought to use the cliche that I have a bridge to sell you. It is clear what he is going to do if he is on the Court.
This whole issue, this whole vote, this whole nomination comes down to this: Whose side are you on? Are you a judge who stands on the side of workers or multinational corporations? Will you stand on the side of a mother seeking treatment or on the side of insurance companies who want to raise her rates to deny her care?
Judge Kavanaugh's record is clear. He has consistently sided with the most powerful special interests in this country--not American workers, not American consumers, not American patients who struggle with the cost of their healthcare. The stakes for Ohio are too high to give this judge a lifetime appointment to our highest Court.
Mr. President, I ask unanimous consent that several documents corroborating Dr. Ford's allegations against Judge Kavanaugh and a statement from Dr. Ford's attorneys be printed in the Record
I yield the floor.