Transcripts For CSPAN2 U.S. Senate U.S. Senate 20240712

This is an institution that rests on the trust and reverence of the American People. Losing that trust and reverence is dangerous is dangerous. Its dangerous for millions of people who will lose the Affordable Care act protections. Its dangerous for the women who could lose their right to choose and all of us who do not want to turn back a half a century of progress. Its dangerous for our economy at a time when American Workers and consumers find themselves at the mercy of corporations that have grown larger and more powerful than at any other time since the gilded age. Its dangerous for the future of our planet and safety of our climate, at a time when the west is burning, seas are rising, and the earth is warming faster than ever before. And, quite frankly, its dangerous for our democracy. We owe the American People a voice and a decision that will shape the course of history for generations. And we owe the memory of Ruth Bader Ginsburg and her seat on the Supreme Court more than just another political power grab. With that, madam president , i yield the floor. Mr. Van hollen madam president . The presiding officer the senator from maryland. Mr. Van hollen thank you, madam president. Last friday, our country lost a trailblazer for equality, a moral giant, and a lover of justice, the great justice Ruth Bader Ginsburg affectionately known as r. B. G. While physically small, she had a towering impact on american jurisprudence. While the volume of her voice was not high, her words carried further and had a greater impact than the louder voices that were often around her. She famously observed that many of the laws on the books that pretended to put women on a pedestal actually put them in cages. And then she proceeded to bring cases to strike down those discriminatory laws. She transformed americas legal landscape, especially in the area of gender equality, and that was before she was even appointed and confirmed for the Supreme Court. On the Supreme Court, with intelligence and persuasion, she was often able to bring others to her point of view, and when she couldnt, she could write a stinging dissent, which she viewed as a conversation with the future. She had optimism in our nations pursuit of justice that her dissents would be vindicated in time, and i dare say that they already have in so many cases, including her dissent in the Voting Rights case with the reprehensible 2013 decision where the Supreme Court took a big bite out of the Voting Rights act. She predicted that many of the states that were subject to the preclearance decisions would begin to put up barriers to voting, and thats exactly what happened. And speaking of the future, her deathbed wish communicated to her granddaughter, her most fervent wish, was that she not be replaced until a new president is installed, whoever that president may be. She died last friday on rosh hashanah. It was a moment where the country needed to come together to celebrate her life and honor her legacy, and that is what so many people did around the country. We saw an outpouring of support from coast to coast north, south, east, west. We saw large crowds gathering at the Supreme Court. But here in the United States senate, the majority leader didnt have the decency to even provide a respectful pause a respectful timeout to honor that legacy. Just over one hour after her death was announced, he put out a statement announcing his powerplay, a statement saying that President Trumps nominee, whoever it may be, to replace her would get a vote. The majority leader rushed to do that, despite taking the opposite position in march of 2016, when Justice Scalia passed away and president obama nominated Merrick Garland. And the majority leader rushed to commit to that vote to President Trumps nominee even though in the middle of this covid19 pandemic we have not even had a chance to vote here in the senate on the heroes act, which passed the house of representatives over four months ago, providing emergency comprehensive relief to families and workers and small and mediumsized businesses that are hurting from this pandemic. We havent had a vote on that in four months, and yet within one hour of Justice Ginsburgs death, the republican leader announced we will have a vote on President Trumps Supreme Court nominee. Mr. President , our country just reached the grim toll of 200,000 americans dead from covid19. More americans have died from covid19 than in any other country on the planet, and a big share of those dead are the direct result of President Trumps calculated indifference, what he describes as, quote, downplaying the threat. Well, downplaying a known threat led to inaction, and inaction led to thousands more americans dying than would have been the case. And that inaction has led to far more economic pain and fallout from covid19 than had to be the case. We wouldnt have all these schools closed right now if the president had taken more rapid action, if we had comprehensive universal and rapid testing. But here we are because President Trump wanted to, quote, down play the threat. And the president has opposed the heroes act which passed the house of representatives, and still no vote here in the senate on that important legislation to help a country in need. So no vote on that. But my goodness, just couldnt wait to announce in one hour of justices passing away that believing that this senate would vote on President Trumps Supreme Court nomination. Thats what senator mcconnell said in 2016. When Justice Scalia passed away and president obama nominated Merrick Garland to fill the seat, you heard senator mcconnell and many other republicans say cant do it. Were in the middle of an Election Year. In fact, the majority leader went so far to instruct his members not to meet with Merrick Garland. Didnt even have a hearing for Merrick Garland. The majority leader and so Many Republican senators said we cant do that because primary voting has begun in this 2016 Election Year. Primary voting has begun. Its underway. And its important to let the American People weigh in on the president ial election, and then allow whoever wins that president ial election to make their nomination for the Supreme Court. Thats what we heard from senator mcconnell and so many of our Republican Senate colleagues back in 2016, that democracy required that the peoples will be heard in the president ial Election Year. Well, it turns out that all of that was just a pure political ploy that were going to see one set of rules for democratic president s like barack obama and another set of rules from the republican majority for republican president s like donald trump. The dishonesty and rank hypocrisy is obscene, and the American People, regardless of party, see it for what it is. But as bad as the hypocrisy and the dishonesty is, this is about even more than that. In fact, its about much more than that. Its about the future direction of our country and the direction of justice in our nation. Its about whether we have a Supreme Court that truly stands for equal justice under law as Justice Ginsburg did. Its about whether we will protect womens rights as Justice Ginsburg did throughout her career before and after being on the Supreme Court. We know where President Trump stands on that. We know he was asked during his president ial campaign on National Television about a womans right to reproductive freedom. He said women who choose to have an abortion should be punished. Should be punished. And he has said he will appoint a justice that will make sure that thats what happens. Thats what he said. Were going to see a justice that wants to strike down workers rights and protections. And we are going to see a justice that wants to destroy the Affordable Care act. Look, the Affordable Care act provides important protections to the American People during ordinary times. Its especially important now as we face this covid19 pandemic. And we know that its been the goal of President Trump and republicans for years to destroy and overturn the Affordable Care act. After all, i think many of us remember being right here on the senate floor in the summer of 2017. The speaker of the house paul ryan and the majority republicans in the house at that time had passed a law to overturn the Affordable Care act. President trump was itching to sign it. But here in the senate we defeated that effort by one vote. One vote in the United States senate. And why did that happen at the time . A lot of people thought it was a foregone conclusion that this Republican Majority Senate would vote to strike down the Affordable Care act. Its because the American People rose up and said hell no. People with diabetes and cancer and Heart Disease and other preexisting health conditions, and so many other americans said you know what . This isnt a partisan issue. Its not a partisan issue if i have cancer or diabetes or asthma or other preexisting conditions. Dont take it away. And guess what . Covid19 is not a partisan disease either. It will strike people, of course, regardless of political party. So the American People, they got to the phones, they got to social media, they occupied peoples offices. They said hell no, and by one vote we protected the Affordable Care act here in the United States senate. But that should have been the end of the story, but it wasnt, because what republicans could not do through the democratic process here in the United States senate, they decided to take to the courts. And president obama and his attorney general barr are in court right now trying to do there what they could not succeed in doing here in the United States senate, trying to destroy and overturn the Affordable Care act. And guess when the Supreme Court hearing on that Affordable Care act case is scheduled to take place . November 10. November 10, one week, one week after the november 3 election. So we see the power play here. Jam through a Supreme Court nominee, put them on the court in time for that hearing so they can hear the case and be part of overturning it. And make no mistake, President Trump has pledged to appoint a Supreme Court justice who will knock down the Affordable Care act. We dont know who its going to be, but we know its going to be somebody the president believes will strike down the Affordable Care act. How do we know that . Well, heres what candidate trump said. Quote, if i win the presidency, my judicial appointments will do the right thing, unlike bushs appointee john roberts on obamacare. Thats candidate trump in june of 2015. Heres candidate trump on another occasion. Im disappointed in Justice Roberts because he gave us obamacare. He had two chances to end obamacare. He could have ended it by every single measure, and he didnt do it. So it was disappointing. He says this on numerous occasions. Numerous occasions. He also he also tweeted out that he supported in 2012 this is 2012 when now senator romney was running for president , and President Trump tweeted im 100 supporting mitt romneys position that we need justices on the court to strike down obamacare. So nobody should be playing any games. The president has told us hes going to nominate somebody to strike down the Affordable Care act. That hearing is scheduled for one week after the november 3 election. So all of those issues are at stake right now. It appears that we have enough republican senators who have said that we will proceed to consider the nomination. Theyve abandoned the position that mitch mcconnell, the republican leader, and so many senators took in 2016, barack obama, president obama where they refused to even provide a hearing. So theyre going to proceed. But lets remember the president has pledged he will nominate somebody who will get rid of the Affordable Care act, who will strike down a womans right to choose. Thats what the president has said. So just as the American People began to get to the phones and social media and contact their senators in the summer of 2017 when health care was at risk, when the Affordable Care act was at risk, we need to make sure that the word gets out again. Because back in 2017, we stopped that from happening by one vote in the United States senate because the American People understood what was at stake. And here we are now in a Global Pandemic. And instead of focusing on the pain the American People are feeling at the moment, instead of allowing a vote on the heroes act, we have this republican majority trying to power through a Supreme Court nominee to strike down the Affordable Care act, to do through the courts what they were unsuccessful doing here on the senate floor in the summer of 2017. So lets recognize the consequences of this abuse of power and the impact and harm that it will do to the American People. Lets take the advice and dying wish of Justice Ginsburg, allow the American People to speak on november 3, and then allow whoever is sworn in on Inauguration Day in january, put forward a nominee to be considered by the United States senate. Thank you, mr. President. A senator mr. President. The presiding officer the senator from mississippi. Ms. Smith mr. President , in a few moments i will ask unanimous consent for the senate to take up and pass legislation ive introduced to help protect women from harm and to their health. This is such an important issue to me as a senator, as a woman, and as a mother. I am pleased several of my Senate Colleagues have joined me on the floor to discuss this important issue, and i look forward to hearing their remarks as well. 20 years ago this smongt the food and Drug Administration approved for the first time an Abortion Pill. It did so under immense pressure from the i Clinton Administration. The f. D. A. Recognized the seriousness and life threatening consequences that can be caused by this drug. Because of the risk of harm and even death is the fd put in place rules to protect the health of women. These are known as rims because they work to mitigate the risks posed by this drug to women. Mrs. Hydesmith these commonsense rules allow a woman to see a doctor, get the drug and see how she can get treatment for life threatening side effects. These simple commonsense rules have been in place to protect, to help women for over 20 years. Recognizing their importance, i introduced the save moms and babies act last year to codify these rules into law, to make sure they remain in place to protect women from the serious side effects. However, a proabortion forces oppose even these basic protections for Womens Health and have been working to undernienl, putting women undermine them putting women at serious risk. This summer a judge in maryland issued a nationwide ruling canceling these rims for the entire country. Back in april i led a 150 members of congress, including 38 members of this body, in warning the f. D. A. About this issue. And now proabortion advocates have found one activist judge to rule in their favor, putting Womens Health at risk in the middle of a pandemic. Even with the rims rules in place to protect Womens Health, a substantial number of women end up needing lifesaving surgery following this chemical abortion. Sadly, some women have even died from these dangerous drugs. Make no mistake, no protections mean more adverse events for women. These protections ensure that a doctor can examine the woman to see if she also an he can topic pregnancy or is rhnegative. These conditions can adversely affect the woman. This means no athome abortion without medical oversight, putting women at risk of dying alone without a doctor to help her. No rims protections mean that every state health and safety law that protects women from harm will be at risk. No rims protections mean mailorder abortion without physicians providing the screenings. Thats why it is more important than ever to pass my bill, the save moms and babies act, to codify into law the important f. D. A. Rims rules that protect women from dangerous inherent and mailorder doityourself chemical abortions. Thank you, mr. President. A senator mr. President . The presiding officer the senator from utah. Mr. Lee mr. President , abortion is always tragic. As it involves the taking of an innocent human life, one that has yet to draw its first breath or commit its first sin. And in the case of a chemical abortion, it sometimes takes two lives that of a baby and that of the mother. Advocates for this procedure will say that it is simple, its easy, that its convenient, and that its safe. They claim that its a good and valuable form of quote, unquote health care for women. Nothing could be further from the truth. The grim and gruesome relate city that this barbaric practice wreaks havoc on womens bodies and destroys the tiny bodies within them. So how does this procedure wok . The details are not pleasant. First, the mother is given a pill that blocks progesterone. This of course is a history money thats necessary for pregnancy a hormone thats necessary for pregnancy. It breaks down the lining of her uterus. Without progesterone shall the baby whos heart is already beating is starved to death and dies in her mothers womb. Then 24 to 48 hours later the mother is given a second pill, one that empties her uterus by causing severe contractions and bleeding, minimum micking early miscarriage that can last anywhere from a few hours to a few weeks. Planned parenthood will try to gloss over the truth, here as elsewhere, claiming that a hot shower and some ibuprofen are enough to get the mother back on her feet. But on average, the miscarriage lasts between nine and 16 days and can last for as long as 30 days 30 days. Thats a long time. Most of the time these abortions are done at home. The mother is left to suffer alone. Without care or medical attention, without supervision from a doctor or a nurse. And often without any followup whatsoever until seven to 14 days later, if ever, keeping in mind that many of them dont get any followup care at all. The result . Well, women have suffered tragic, you go southers and horrific experiences gruesome and who are risk experiences. Its causes more than 1,000 hospitalizations and nearly 600 instances of blood loss requiring transfusions. Some women have even died. The f. D. A. Has reported 24 maternal deaths from bortion pill just since its approval in 2000. And those are just the officially reported ones that we know of that have happened with the regulations we currently have in place. That is based on the assum on this that shows assumption that those regulations are in place. That is still a really high rate at which they die. Some women need corrective surgery afterwards and others require lifesaving procedures. And somehow we call this health care. This is not like popping a tylenol. This twostep abortion cocktail poses severe risks to women, not even to mention their unborn babies. In fact, Abortion Pills are one of only a few medications that require whats known as a risk evaluation and management strategy, a Drug Safety Program that the f. D. A. Requires for medications with serious risks. And yet some are pushing to further expand access to these drugs, even further loosen the regulations around them. Some activists are even pushing for access to the Abortion Pill by mail, meaning that the patient would never even have to be seen in person by any medical professional at all. Not a medical clinic, not a doctor, not a nurse nothing in person. The standards of care surrounding this practice are already reckless. Theyre already harmful. And theyre already causing misery, injury, suffering, and death. In fact, theyre unacceptable standards of care for women and for babies. The last thing weird be the last thing we should be doing is making them even worse, making them even more vulnerable than they already are. So setting aside for a minute how you feel about other issues related to unborn human life in this area, lets just talk about this issue for a moment. Lets just talk about whether this issue is really one that we want to expand, where we increase the amount of misery, the amount of suffering, and the amount of carnage that would occur as a result of more people gaining access to this deeply flawed, very dangerous form of socalled health care. Thats why we ought to support the bill put forward by my friend and colleague, senator hydesmith. The save moms and babies act would prohibit the f. D. A. From approving new abortion drugs, from loosening any regulations that exist on alreadyapproved abortion drugs, and from dispensing abortion drugs remotely or through the mail. The purpose of health care is to heal, to preserve, and to protect human life, madam president. A chemical abortion happens in the first trimester of life, up to about the 10th week of pregnancy, when an unborn baby already has a beating heart, when an unborn baby already has a growing brain and the growing baby already has ten fingers and ten toes, and she deserves a shot at life, at the beginning of life, at the front door. And she deserves to not have it taken away and literally flushed down the drain. And mothers deserve the utmost care, protection, and support, as they nurture the human life inside of them; not medical harm and not medical neglect. Our Health Care System should protect and care for them both, and our laws should uphold the immeasurable dignity and worth of both. This bill is a step in the right direction, and i implore all of my colleagues to support this legislation. Thank you, madam president. Mr. Cassidy madam president . The presiding officer the senator from louisiana. Mr. Cassidy thank you, madam president. Thank you, senator hydesmith and thank you, senator lee, for organizing this colloquy and participating in it, and supporting the support and value expecting moms and babies act. We should. I am a he a doctor. Not an obstetrician but nonetheless i deliver babies. A as doctor, my mission was to save lives. I dont practice anymore. I use past tense was to improve lives and improve Health Outcomes for all abortions. Were here to talk about chemical abortions. Chemical abortions dont do any of that. The outcome can be severe for the baby and the mom. And particular will i when the mother has this and particularly when the mother has this without supervision by a health care provider. The total absence of medical support is the total absence of care. And using potentially dangerous chemicals without medical support can can lead to the absence of health. If Americans Care about a womans health, they should be concerned when such procedures are allowed. Yet chemical abortions are on the rise. In 2017 they represented nearly 40 of all abortions and due to a recent court case women can begin to receive this through the mail, prescribed without receiving a physical exam even. Now, the mom who kind of selects that, may not know the consequences. As a physician, i do. The potential complications include, for example, if the mother has what is called an he can topic pregnancy an ectopic pregnancy, the unborn child and placenta are outside of the womb if that occurs and these pills are taken, the pill known as ru846, can cause rupture. It means that the internal bleeding occurs which can result to the mothers death. Chemical abortions have four times the complications as surgical abortions during the first trimester and as many as 6 of women taking these abortion, drugs require surgery to complete the abortion, potentially painful and lifethreatening and of course horrific for the unborn child. The American College of obgyn has stated that, quote, compared with surgical abortion, medical abortion takes longer to complete, requires more active patient participation, and is associated with higher reported rates of bleeding and cramping. The bill were discussing today, the save moms and babies act, or the support and value expectant moms act, takes substantive steps to protect the health of women and the unborn child. The bill prevents approval of new abortion drugs by the f. D. A. , keeps the risk evaluation, Mitigation Strategy or rims protocol, and portends Abortion Pills from being dispensed through mail or telemedicine. I introduced the act in february that requires a doctor to physically examine a pregnant woman before prescribing any abortionrelated drugs and requires a followup appointment. We actually want women to receive health care by Health Care Providers who care about our health. As senators in this body if senators this in body really care about a womans health, they should join with us to stop these doityourself abortions. Preventing abortion,s protects unborn babies. Lets Work Together to protect women by passing the save moms and babies act to forever end dangerous chemical abortions. Thank you. I yield back. Mrs. Hydesmith mr. President . The presiding officer the senator from mississippi. Mrs. Hydesmith as if in legislative session, i ask unanimous consent that the committee on help be discharged from further consideration of s. 3072 and that the senate proceed in its immediate consideration. I ask unanimous consent that the bill be considered read a third time and passed and that the motion to reconsider be considered made and laid upon the table. The presiding officer is there objection . Mrs. Murray mr. President . The presiding officer the senator from washington. Mrs. Murray reserving the right too object, the f. D. A. Approved mifeprex years ago. Restrictions on it like those that are in this bill are not based on evidence or patients best interest. This bill is not about science or health care or whats best for women across the nation. It is about ideology and republicans wanting to do every single thing they can to chip away at a safe, legal abortion. Not on my watch. This is far from the only republican effort to ignore the science and medical professionals and overrule the personal decisions of patients across the country. At this very moment they are gearing up to jam through President Trumps Supreme Court nominee and strike down roe v. Wade. Im sure as im standing here today to oppose this effort to restrict womens reproductive rights, you can bet i will be standing with women and men across the country to oppose that one too. So i will offer a legislation in a moment that actually does work to protect and help women and families in a moment, but for now on this request, i object. The presiding officer objection is heard. Mrs. Hydesmith mr. President , reserving the right to object. The presiding officer the senator from mississippi. The senator from washington. Mrs. Murray mr. President , we are in the middle of a pandemic. 200,000 people have died. Millions more have been infected. And this crisis is nowhere close to being over. But are republicans Offering Solutions . Not even close. We need to be prioritizing science. Instead they are offering a bill that prioritizes partisan ideology. We need to be making it easier for people to get the care that they need. Instead theyre offering a bill with the sole purpose of putting up unnecessary barriers to care. And not only are they wasting time on their partisan war against abortion with this bill, which they know is a nonstarter, they are preparing to jam through a Supreme Court nominee who would make things even worse. And theyre fighting to not just overturn roe v. Wade, but to strike down health care for tens of millions of people and strike down protections for people with preexisting conditions and to send Health Care Costs skyrocketing, all during a pandemic. I cant believe i have to say this, but we need to be taking steps to make this crisis better, not worse, which is why im going to offer a unanimous consent request that the senate proceed to s. 4638, the science and transparency over policy act, which senator schumer and myself and 32 other democrats introduced today. Mr. President , unfortunately we have seen the donald trump repeatedly seen the Trump Administration repeatedly take steps to undermine and overrule the experts at our nations Public Health agencies. Weve seen the president spread lies and misinformation and conspiracy theories about their work. Weve seen his officials meddle with key scientific reports and apply pressure to promote unproven treatments, and we know this interference can damage Public Confidence in the sciencebased guidance our experts issue to help save lives and in their efforts to evaluate a vaccine and make sure it is safe and effective. We just cant let that happen. This reckless interference didnt start yesterday. Its clear its not going to stop tomorrow, so i believe Congress Needs to take action to make it stop. The stop act would do just that. By providing muchneeded transparency and accountability. Given how Many Republicans have said we need to be listening to the experts and following the science, this bill should not be controversial. It should be common sense. So, mr. President , as if in legislative session, i ask unanimous consent that the help committee be discharged from further consideration of s. 4638, the senate proceed to its immediate consideration and unanimous consent that the bill be considered, read a third time and passed, and the motion to reconsider be considered made and laid upon the table. The presiding officer is there objection . Objection is heard. Mrs. Murray mr. President. Mrs. Hydesmith reserving the right to be 0, i am disappointed but cant say im surprised that the senators on the other side of the aisle have objected to my save moms and babies act. The democrats have shown time and time again that they would rather put the profits of the abortion industry over protecting women. Thats whats happening again today. Make no mistake, the democrats are trying to change to another bill because they want to distract you from what my bill is about. My bill is about protecting women from dangerous athome abortions without a physician involved whatsoever. Thats what my bill does. And sure women have to see a doctor to get this drug and a doctor has to examine her to see if she has any conditions that might make her at a higher risk for complications, make sure she is fully informed and consent that she is not coerced. That democrats are objecting to this shows you how far to the left the Democratic Party is on abortion. Passing my bill should be a nobrainer. The rims rules were put into place by democratic f. D. A. To protect women. They have been in effect for 20 years until the judge in maryland fell for some farfetched arguments from abortion advocates. The f. D. A. And h. H. S. Implement Government Health and safety regulations to protect patients and ensure that doctors are doing their jobs, to make sure that drugs are safe and that patients are not harmed. Thats why we have an f. D. A. And why we have an h. H. S. And i agree with the senator from Washington State that f. D. A. And h. H. S. Should do this work based on scientific evidence. Thats exactly what happened in 2000 when the Clinton Administration and f. D. A. Scientists looked at the evidence and decided these rims rules were needed to protect women from the dangers of this abortion drug. Usually democrats support Sciencebased Health protections but not when it comes to abortion. When it comes to abortion, they are in the pocket of the abortion lobby and would rather play politics rather than protect Womens Health. We cant let Senate Democrats change the subject by trying to bring up another bill that is not related to these rims protections whatsoever. We cant let them try to change the subject from Womens Health to their latest Conspiracy Theory about the president. Therefore, i object. Mrs. Murray mr. President. The presiding officer the objection is heard. I do ask invoking rule 19 that no senator in debate shall directly or indirectly by any form of words impute to another senator or other senators any conduct or motive unworthy or unbecoming of a senator. Mrs. Murray mr. President. The presiding officer the senator from washington. Mrs. Murray it is disappointing that republicans would object to a bill that provides muchneeded accountability and support for scientific decision making. It is especially disappointing they would object to it during a pandemic. And while simultaneously pushing for an ideological bill that would undermine patients care and reproductive rights. Rest assured minority leader senator schumer and i and the rest of the Democratic Caucus are not p giving up and we will continue to fight on behalf of women and families. Thank you, mr. President. I yield the floor. A senator mr. President. The presiding officer the senator from utah. Mr. Lee parliamentary inquiry. What was the statement that prompted the act on rule 19 . The presiding officer democrats were in the pockets of the abortion industry. Mr. Lee mr. President. The presiding officer the senator from utah. Mr. Lee mr. President , i appreciate the thoughtful discussion that weve had today between my colleague from mississippi and my colleague from the state of washington. Also i appreciate the thoughtful insight that the senator from louisiana provided in his remarks. I feel it necessary to address a couple of issues that were raised by my friend and distinguished colleague from the state of washington. There are differences that members have, differences of opinion when it comes to a wide variety of issues. When it comes to abortion, people have different approaches that they take. I know my own view and i know the views taken by many of my democratic colleagues. But it is important to point out here what we are talking about and what were not talking about. One of the first arguments that we heard today from the senator from washington related to roe v. Wade. And as long as were on the topic, if impiewting to anotherr person improper motives or motives not apparent on a piece of legislation, if one is going to impute from the senator from mississippi the intention of undoing a Supreme Court precedent, id like to point out that is manifestly not within the scope of this legislation, nor is it the place of any senator to purport to know that subjective motivation behind senator hydesmiths legislation here. So im not going to purport to know the reason why she said that. I just want to point out that is not the point of this bill. This bill has nothing to do with roe v. Wade. You can feel however you want about roe v. Wade. This isnt it. So i know thats a convenient excuse to not have to deal with something, something real, something that has to do with the lives and the health and the wellbeing of women. To say nothing about the unborn human lives within them. From those who would invoke science in opposing this bill, id ask, on what planet does science back the idea that we should remove the rims restrictions from this supposed, socalled form of health care . A form of health care that, as i mentioned a few moments ago, has resulted in thousands upon thousands of complications in the two decades that its been on the market. On what planet can one contend that one cant support this legislation without being opposed to science . Back to the roe v. Wade question , if every single time someone gets up to try to present legislation, legislation that as far as i can tell from the the senator from washington wasnt claiming was outside of our federal purview as federal lawmakers, if every single time someone gets up to try to raise legitimate questions of Public Policy regarding the health, safety, and welfare of the American People, of the american patient, of american women subjected to very serious side effects from a piece of legislation, if no one can present legislation without being accusedded of trying to undo a 1973 court decision, which is on its face not even at issue in this legislation, then were going to have a hard time carefully considering these things. Now last i checked, it is our job to decide questions of Public Policy, questions that are squarely within our federal jurisdiction. One could argue, i suppose, about whether it was a good idea to put exclusive jurisdiction over the regulation of pharmaceuticals in this country under the f. D. A. One could make that argument. I dont understand the senator from washington to be making a federalism argument. If she would love to have that conversation, id love to have that with her. That would be fantastic. Id love to raise federalism concerns any time were discussing anything because its far too seldomly invoked here. But thats not what this is about. What that argument was about was instead that the senator from mississippi supposedly is trying to overturn roe v. Wade, and it couldnt possibly be the fact that shes genuinely concerned about the pows upon thousands on thousands of injuries that have been sustained as a result of this barbaric form of socalled medical treatment. Cant possibly be that. If thats the case, if the, if those who are so determined to make everything about roe v. Wade, if theyre right, if they were to have their way, i guess we cant discuss anything even related to Womens Health that affects pregnancy. Surely thats not the argument. That cant be the argument. And i dont think anyone, regardless of how they feel about roe v. Wade, regardless of how they feel about governments role in abortion or not, if what were talking about is the fact that we ought not loosen certain restrictions so as to allow people to gain access to an abortion cocktail that is dangerous under many circumstances, especially when administered without any kind of direct medical supervision or attention, if thats where we are, thats not good. Thats me. Something is terribly wrong if we cant have a conversation about Womens Health without being accused of wanting to do undo an entire line of precedent dating back to 1973. Look, guilty as charged. I have my own views about that line of precedent. Those views are no secret. Those views are well founded as a matter of science. Theyre well founded as a matter of hundreds of years of american constitutional law, of common law. But i understand theyre not the only views. But you cannot, mr. President , simply walk in here and say that because this addresses a type of abortion procedure, because roe v. Wade reached the conclusion that it did, anyone who proposes a piece of legislation like the one thats been proposed by senator hydesmith today necessarily has as its object, as her subjective motivation behind filing that legislation, the undoing of roe v. Wade and thats because its her supposed motivation, we cant have the conversation about what this does for Womens Health. So say to say lets draw the line and lets not remove the restrictions, lets not through the mail administer these dangerous drugs without medical supervision. The next line of reasoning used by the senator, my friend and distinguished colleague from the state of washington is that were in the middle of a Global Pandemic. Yes, we are. But last i checked, mr. President , that doesnt prevent or preclude us from discussing and addressing other things from the funding of the government to president ial nominees who we confirm or dont confirm. That doesnt preclude us or excuse us from considering other pieces of legislation so im struggling to understand how the existence of a Global Pandemic means that we cant even address another type of epidemic, one brought about potentially as a result of the abusive prescription and reckless misuse of abortioninducing drug cocktails. This is beyond my ability to understand. Its also beyond my ability to understand how a simple requirement that before one of these drugs be administered, that the patient should have at her disposal a medical examination and some kind of medical attention. Nothing about roe v. Wade says that you cant have laws restricting the manner in which abortions are performed. Nothing about roe v. Wade says that a state or congress itself may not require that abortions be performed by Health Care Professionals under the supervision of a Board Certified medical doctor. Nothing about roe v. Wade carries any implication for th this. This legislation simply says lets make sure that medication like this not be used to harm american women. I know that i have other colleagues wishing to discuss this topic and other topics. But mr. President , let me say this. Human life matters. Every human life means something. You cant snuff it out and pretend it doesnt exist because it does. Every life matters to god. It matters in the universe. Whether you believe in god or not, life matters. You cant pretend it doesnt exist. Every life is unrepeatable, irreplaceable. We should vow to protect it. For those who arent interested in protecting unborn human life, lets at least focus on protecting the human lives that we all agree exist. Thats what this legislation is about. Shame on us if we cant even do that. Thank you. The presiding officer the senator from indiana. A senator thank you to my colleague, senator lee, for an impassioned argument and effective. Mr. Braun i rise today in support of my colleague senator hydesmith save moms and babies act of which i am a proud cosponsor. Im disappointed that my colleagues would object to this bill to help safeguard the health of expectant mothers. The save moms and babies act will improve Womens Health by protecting important safety mechanisms put into place by the f. D. A. The risk, evaluation and Mitigation Strategy is an essential mechanism which ensures that drugs with serious safety concerns are used and prescribed correctly. My democratic colleagues and the abortion lobby may expect americans to believe that chemical Abortion Pills are safe to use and should be Available Online without an inperson physician consultation, but here are the facts. Between 3. 4 and 5. 9 of women taking chemical abortion drugs require surgical intervention to complete the abortion. This meant 10,000 women in 2017 alone needed surgery after taking an abortion drug. Chemical abortion has four times the complications as surgical abortion during the first trimester. The risk of complication are particularly worrisome in the indication of an ec topic pregnancy. Women with ectopic pregnancies have suffered serious injury and even death from taking chemical abortion drugs. Im disappointed this chamber could not come together today to support senator hydesmiths timely needed and important bill to protect Womens Health. I yield my time. The presiding officer the senator from new york. A senator i suggest the absence of a quorum. The presiding officer the clerk shall call the roll. Quorum call the presiding officer is there objection . Without objection. Is there further debate on the nomination . If theres no further debate, the question is on the nomination. Is there a sufficient second . There appears to be. The clerk shall call the roll. Vote vote vote vote proofl if tt nays are 4 the presiding officer the nays are 42, the nomination is confirmed. A senator madam president. The presiding officer the senator from kansas. Mr. Moran i ask unanimous consent that the senate proceed to morning business for debate only for 30 minutes with senators permitted to speak for up to ten minutes each. The presiding officer is there objection . Without objection. Mr. Moran madam president. The presiding officer the senator from kansas. Mr. Moran madam president , im pleased to share with my colleagues in the senate that weve reached an agreement with the house to pass Senate Resolution 785, the commander john Scott Home Improvement act and we expect this bill to pass the house of representatives tomorrow. Madam president , this is our most significant piece of legislation from the Senate Committee on Veterans Affairs dealing with Mental Health and swried prevention. The Suicide Prevention. The bill was approved by the Senate Unanimously and weve been negotiating with chairman dekano and Ranking Member rowe for its passage by the house and consideration by the senate of other bills that the house has and will send us. I want to thank my colleague, senator tester, the Ranking Member of our committee, chairman takano and dr. Rowe, the Ranking Member of the house committee, for working expeditiously with me to pass this comprehensive Mental Health and Suicide Prevention bill for americas veterans. One veteran lost to suicide is one too many and its a tragedy we continue to lose. Im glad that congress is coming together to do our part as this bill will save lives. It needs to be passed without delay and signed into law. This bill will establish a Grant Program and require the v. A. To better collaborate with Community Organizations across the country serving veterans. This was championed by my clearing senator boozman of arkansas. Additionally this legislation directs the v. A. To embark on groundbreaking research in the form of Precision Medicine initiative that will improve how Mental Health conditions are diagnosed and treated, expand v. A. Health capabilities to better serve rural and tribal veterans, bolster and expedite capabilities, and have a br and make necessary improvement to the v. A. Mental health workforce. While this legislation puts in place the Critical Care services and support that will save veterans lives, its my hope the bill will serve as a signal to veterans, Service Members and families that they are never alone. I want to extend my gratitude to the president for his support of this bill and i ask him to sign this legislation as soon as it arrives on his desk. Madam president. The presiding officer the senator from kansas. Mr. Moran madam president , we must take our duty to American Veterans seriously which is why we find the circumstance we find ourselves in is important. The extension for important v. A. Programs for the upcoming fiscal year just eight days away are currently being held from being considered and passing in the senate. This extension bill was negotiated in earnest and the four corners of the senate an House Veterans Committee agreed upon this legislation. This was a collaborative effort, not a partisan one, nonetheless this bill has not yet cleared by the senate minority. Let me be clear. Countless veterans rely upon these programs. Let me be clear, they expire at the end of the month from making sure that covid19 doesnt disrupt a veteran from pursuing higher education, the v. A. Extender bill contains a wide variety of extensions for programs that support a multitude of veteran populations. Additionally we have requested consent for several housepassed bills that will improve Mental Health care for veterans and increase annual veteran benefit rates to keep up with inflation. These are commonsense ideas that have broad support and will make meaningful differences in the lives of our veterans. These are bills, items that would normally pass the Senate Without difficulty. Our veterans should not wait, should not need to way they cant afford to pay the for wait for the senate to act on these matters. Our nations veterans did not serve our country for partisan reasons and we must not let any partisan differences keep us from authorizing these programs. I ask my colleagues to fill our duty regarding veterans programs and not allow other issues to distract from that duty. Madam president , i yield the floor. Mrs. Blackburn madam president . The presiding officer the senator from tennessee. Mrs. Blackburn thank you, madam president. This past weekend, we lost a brave and uncommonly fearless american, justice Ruth Bader Ginsburg represented many things to many people. For some, her work was the Gold Standard of legal advocacy. For others, her arguments proved to be intellectual flash points, sparking opportunities to think critically about what we believe and why we believe it. But for each and every one of us, she served as living proof that the status quo is often much more fragile than it appears. And so today i think i speak for so many tennesseans when i say, we are thankful beyond measure for that enduring legacy and the standard that she set as she broke barriers and crashed through glass ceilings, opening opportunities for women. I hope that i am as effective as she in increasing opportunities for women each and every day. I ask that the remainder of my remarks, madam president , be entered separate lay into the record. The presiding officer without objection. Mrs. Blackburn last week marked another Constitution Day celebration. It could not have come at a better time because, for just one little moment, it helped us pause and contemplate two very important things. First, we took time to think about those values that our founders knew they knew that these values were essential to the establishment of a model republic. And, secondly, we remembered the progress we have made in deciding for ourselves how the passage of time changes or does not change what we can do to make that more Perfect Union even more so. Free speech, petition, and protest, the right to defend ourselves, the right to cast a vote. These are the freedoms that unite us in times of turmoil, whether we find ourselves in the midst of allout war or just a particularly contentious Election Year. And i would argue that how a nation reacts to that turmoil says more about its foundations than it does about who controls the news cycle on any given day. Divisive voices are hard at work in this country, madam president , and theyre doing their very best to convince our friends and families and neighbors that our foundation is weak and that hour founding principles and that our founding principles are no longer good enough. I find that very sad. They want us to believe that america, as we know it, is suddenly irredeemable, that it just cant be saved. And you might ask yourself, why are they saying all this . In spite of hundreds of years and millions of americans proving the exact opposite is true. Here is what i think. They say it because they want us to give up. They want our neighbors, our families, our friends give up, call it quits. Our best days are behind us. Weve all heard them say this. They say, throw the constitution into the trash. Rewrite it. Start over. And after you throw the constitution into the trash, then lets reimagine the worlds greatest democracy through our very own destructive lenses of socialism, critical theory, and political correctness. Thats what they say. And, as im sure weve all seen, theyve come up with some fairly persuasive methods to try and get their way. But i believe that in the end, these efforts will all be in vain because, when push comes to shove, we, the American People, always manage to remember where weve come from and to remember who we are. You know, its interesting, madam president. I think somehow we americans always find our way home, back to those first principles. Indeed, i pray that that continues. Our founders saw what tyranny really looked like. They saw it up close and personal because they had to live through it. They knew exactly exactly what would happen if they put the fate of the republic in the hands of men alone. So what did they do . To give that insurance policy, if you will, that democracy and a democratic republic would continue and would stand . They drafted a constitution, recognizing that our rights are a gift from god. And that these rights are not a product of Government Action or theyre not subject to the whims of a mob. They were also forwardthinking. They gave us everything we need to improve upon their work. I think its important to remember that we have done just that. Over the course of more than two centuries, we have built a nation that is freer, more equal, and, yes, striving every day to be that more Perfect Union. Not because outside forces compelled us to do so but because we as americans chose to make it that way. When i see that a friend or a neighbor has forgotten this, i like to remind them that two of the most emotional and powerful words in the english language are remember and imagine. I tell them, stop for just a moment. Close your eyes. And remember what you really love about this country. Remember the special moments. Remember what your parents and your grandparents have told you about love of country. Remember the sacrifices that they have made. And now, just imagine what would your children and grandkids accomplish what would they accomplish if they, too, are allowed to grow up in a place where liberty and justice is for all, where they are allowed to dream these big dreams and then dream up a way to make those dreams come true . You know, these are things that are valued above all else. And, of course, as we look at our past and we remember, we look at the future, and we know that finding common ground, when we find common ground, we see potential, and potential gives us hope. And, madam president , i like to say that hope is staking a claim on an action, on a goal that youre going to achieve. So it is my fervent hope that we continue to stand on our constitutional principles and that we defend the foundation of this nation that has made these big dreams of so Many Americans have the opportunity to come true. Id yield the floor. Mr. Hawley madam president . The presiding officer the senator from missouri. Haw on roll call vote [inaudible] i voted no. It was my intent to vote no. I ask unanimous consent to change my vote, since it will not affect the outcome. The presiding officer without objection. Mr. Hawley i yield the floor. Mr. Hawley madam president . The presiding officer the senator from missouri. Mr. Hawley i ask unanimous consent that notwithstanding the provisions of rule 22, the senate vote on the motion to invoke cloture on the hinderaker nomination at 11 45 a. M. Tomorrow. Further, if cloture sin voke , the senate vote on confirmation of the nomination at 4 00 p. M. Tomorrow and that following disposition of the nomination, the senate vote on the motion to up voke cloture on the young nomination. I further ask if cloture is invoked on the young nomination, the confirmation vote occur at a time to be determined by the majority leader in consultation with the democratic leader on thursday, september 24. Finally, the cloture motion on the samuels nomination be withdrawn and the senate vote on confirmation of the samuels nominationonfollowing the cloture vote on the young nomination. The presiding officer is there objection . Without objection. Mr. Hawley madam president , there is i understand there is a bill at the desk and i ask for its first reading. The presiding officer the clerk will receipt the title for the first time. The clerk s. 4653, a bill to protect the health care of hundreds of millions of people of the United States and so forth. Mr. Hawley i ask no ask for 00 second reading and in order to place the bill on the calendarers, under the provisions of rule 14, i object to my own request. The presiding officer objection having been heard, by the will be read for the second time on the next legislative day. Mr. Hawley i ask that when the matterst senate completes its base today, it aadjourn until 10 00 a. M. Tomorrow, september 23. Follow the time for the two leaders be reserved for their use later in the day and morning business be closed. Following leader remarks, the senate proceed it executive session to resume consideration of the hinderaker nomination under the previous order. The presiding officer without objection. Mr. Hawley if there is to further business to qom before the senate, i ask that 2 stand adjourned under the previous order following the remarks of our democratic colleagues. The presiding officer without objection. Al ginsburg, the nation mourns the loss of Supreme Court justice Ruth Bader Ginsburg who died friday night. Madam president , she died on the eve of the jewish new year, rosh hashanah. She was the first jewish woman on the u. S. Supreme court and rabbis tell us a very interesting thing about individuals who die right before the new year. They say that they suggest that these are very righteous people who die at the very end of the year because they were a needed until the very end. Under jewish tradition, those who die on the new year holiday are considered righteous and saintly. Certainly, justice Ruth Bader Ginsburg was entitled to this honor, being righteous and saintly. At her confirmation hearing, Justice Ginsburg talked about her immigrant experience. You see, her father was a jewish immigrant, her mother was barely a secondgeneration american. So she talked about American Values and then she said, what has happened of me could only happen in america. And then she spent her entire career protecting those values that make america the great nation it is, and the reason why people come here in order to reach their full potential, and guided her well in her public service. Justice ginsburg was both an inspiration and a trailblazer in every sense of the word. After breaking through the countless barriers thrown in her path, she redefined what is thought to be both a thoughtful jurist and a dedicated public servant. Let me briefly go over some of her incredible accomplishments. First, in her undergraduate class at cornell university, first female member of the harvard law journal, graduating first in her class at columbia law school. First female professor at Columbia University to earn tenure. Justice ginsburg directed the aclu womens rights project and argued six landmark cases before the Supreme Court, winning five of those cases. These cases protected not only the rights of women, but also many men who face discrimination as well. As the National Womens law center wrote about Justice Ginsburgs death, she said, they said her passing is cause for us to pause and honor the unparalleled mark she has left on this country. From cofounding the aclus womens rights project to bringing the first case striking down a law that discriminated against women, to building a case that defined the standard for sex discrimination cases, ginsburg was a visionary who revolutionized the gender Equality Movement and the law long before becoming a Supreme Court justice. For our country, ginsburgs ethos was greater than just the law. She was an icon and a living symbol of a north star. So we must unite and do for her what she did for us fight for what is right. As a litigator, judge ginsburg helped to shape the law convincing the Supreme Court that equal protection of the law under the 14th amendment applied not only to racial discrimination, but to gender discrimination as well. And Justice Ginsburg herself knew discrimination firsthand as she struggled to find a job after graduating law school notwithstanding her sterling qualifications. She had that difficult, as we all know, solely because of her gender. She experienced gender discrimination firsthand, and she did something about it not only for herself, but for future generations. After serving on the u. S. Court of appeals for the district of columbia for 13 years, she began a 27year career on the United States Supreme Court. Madam president , there are so many of her decisions that were so consequential, so visionary visionary, expressing the right value and her ability to express her views was unquestioned. She did that in writing majority opinions, and she is well known for doing that in writing dissenting opinions. So many of her dissenting opinions led the way for change. She was right, and she motivated change. In 1996, Justice Ginsburg wrote the majority opinion of the court in the finding that the allmale admissions policy at the statesupported Virginia Military institute was unconstitutional. She said in that opinion, generalizations about the way women are estimates of what is appropriate for most women no longer justify denying opportunity to women whose talent and capacity put them outside the average description. Any deferential treatment she concluded must not create or perpetuate the legal, social and economic inferiorty of women. What a difference she made in that decision. I will always remember her dissenting opinion in the Lilly Ledbetter case because it led directly to change. Justice ginsburg wrote in that fiery dissent, our precedent suggests and lower courts have overwhelmingly held that the unlawful practice is the current payment of salaries infected by genderbased or racebased discrimination, a practice that occurs whenever a paycheck delivers less to a woman than a similarly situated man. I heard one of my colleagues talk about precedent. Here we see the Court Reversing precedent in order to advance discrimination against women. Her dissent led to congressional action becoming the first piece of legislation signed by president barack obama. The text of this bill hung on her office wall for good reason, as it embodied her spirit. She issued a fiery dissent again in the Shelby County vs. Holder case in 2013, a case decided, madam president , by a 54 vote of the Supreme Court of the United States which gutted the Voting Rights of 1965. Heres what she said in that opinion. What has become of the courts usual restraint, Justice Ginsburg wrote in her dissenting opinion. The great men who led the march from selma to montgomery and their call for the passage of the Voting Rights act foresaw progress even in alabama, the arc of the moral universe is wrong but it bends towards justice. If there is steadfast commitment to see the task through to completion. That commitment has been disserved by todays decision, throwing out preclearance when it has worked and continued to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because youre not getting wet. I mention these cases to underscore the importance of the Supreme Court of a Supreme Court justice in the lives of all americans. So much is at stake in the filling of Justice Ginsburgs vacancy. It will have real consequences on all of our constituents. Let me just give you a few examples of what is likely to be taken up by the Supreme Court that could affect my constituents in maryland and the constituents around the nation. Your health care is literally on the line. The Affordable Care act that President Trump has tried to repeal and the republicans tried to repeal in this body but have failed, theyre not going to take it to the Supreme Court. A hearing is scheduled this november. This is a real risk for tens of millions of americans who depend on the law for their Health Coverage and other benefits. 20 million americans could lose their health care, and people with preexisting conditions could lose those protections. Thats 133 million americans. During the coronavirus pandemic. Thats whats at risk. Were talking about individuals individuals pregnancy, cancer, diabetes, high blood pressure, chronic lung disease, heart conditions and numerous others have been held to be preexisting conditions. That protection is in the Affordable Care act. Thats on the line before the Supreme Court this november. Thats why americans are concerned that we follow the right process in selecting the next individual to serve on the Supreme Court of the United States. If the Affordable Care act is struck down, insurers could bring back annual lifetime limits on coverage, adults covered by Medicaid Expansion would lose vital health services, young people would be kicked off their parents insurance and insurers could sell skimpy plans that dont even cover essential Health Benefits like prescription drugs, emergency room visitors, Mental Health, and Substance Use and maternity care. The Affordable Care act increased access to care for millions who were previously, were uninsured or underinsured. Through Medicaid Expansion, 13 million lowincome americans now have dependable comprehensive health. In maryland alone, over 1. 3 million lowincome individuals depend on medicaid, including 512,000 lowincome children, 107,000 seniors, 152,000 individuals with disabilities. Thats in maryland. We must protect Medicaid Expansion population and other uninsured and underinsured populations from the trumps effort to eliminate their access to Affordable Care. Its at risk. This vacancy is critically important to protecting health care, and there are so many other issues. Womens reproductive rights clearly at risk. Roe v. Wade. I understand its established precedent, but look what the Supreme Court has been willing to do in reversing precedent. We know roe v. Wade is in the crosshairs for change by the Supreme Court. And one more justice appointed to support that position of womens right of choice could very well be in jeopardy. But our most vulnerable individuals are at risk as well. Let me talk about one specific group of people, some of our immigrants. On june 18, 2020, in a 54 decision written by Justice Roberts and joined by Justice Ginsburg, the Supreme Court held that the department of Homeland Security violated a law when it rescinded the deferred action for childhood arrival daca program. There are approximately 643,000 Daca Recipients in the United States and approximately 29,000 are health care workers, essential workers who serve us during the covid19 pandemic, has saved lives and eased suffering. But for that 54 decision, those individuals lives could have been totally disrupted, and they have been ordered to leave our country. These are individuals who know no other home but the United States of america. Theyre our neighbors and friends. And yet, 54 decision of the Supreme Court, Justice Ginsburg will no longer be there. This next justice could very well determine the fate of the dreamers. Lgbtq community in owe ber fell vs. Obey oberfell vs. Hodges, the right to marry in a 54 decision. I always expected that in america we would move forward in protecting individual rights under our constitution. That each congress and each session of the Supreme Court would advance those rights for individuals protection under the constitution of the United States. The filling of the Supreme Court vacancy could very well reverse a trend of protecting rights and denying many in our community their rights. And i could cite many, many other examples of whats at risk by the Supreme Court appointment. There are many reasons why we believe that we should follow the proper process in selecting the next Supreme Court justice. So lets talk a little bit about what process we should follow. Lets talk a little bit about fairness. Lets talk about the integrity of the senate. Lets talk about living up to our own words. Lets talk about using the same rules for democrats that you use for republicans. Lets talk about the fairness of the process. Now, madam president , i could spend a lot of time on the floor quoting the comments of so many of my colleagues that spoke on the floor of the United States senate four years ago on the Merrick Garland nomination by president obama, and how they spoke about the importance of listening to the voters of our nation, how they said we didnt have the time. And remember, Merrick Garland was in february of Election Year, that appointment. Didnt have the time to do this. That we needed to withhold taking up the nomination, that it was up to the voters to act first, and that this had nothing to do with the fact that there was a democrat in the white house. So many of our colleagues said if there is a republican elected in 2016 and the senates controlled by the republicans, we would say the same thing. Hold off. Let the voters have a chance. Let me just quote from one of our colleagues. In 2016 Senate Republicans refused to consider the nomination of judge Merrick Garland, president obamas nominee for the Supreme Court vacancy. Th they would not meet with judge garland, hold a hearing on his nomination, or allow votes for 293 days. Justice scalia died on february in february of 2016. President obama nominated Merrick Garland, a respected d. C. Circuit judge with bipartisan support, in march of 2016. In the case of Justice Ginsburgs vacancy in 2020, they were about 40 days away from a general election and early absentee voting had already begun in several states. By contrast in 2016, the formal president ial primary election had just begun to occur when Justice Scalia died. So our colleagues spoke up then, said look, four years ago, our republican colleagues said not enough time, leave it up to the voters. We will do it whether its a democrat or republican. Let me just quote from one of our colleagues, the republican leader, mitch mcconnell. And this is his quote on the floor of the senate. Mr. President , the next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country, so of course, of course the American People should have a say in the courts direction. As chairman grassley and i declared weeks ago and reiterate personally to president obama, the senate will continue to observe the biden rule so that the American People have a voice in this momentous decision. The American People may well elect a president who decides to nominate judge garland for senate consideration. The next president may also nominate someone very different. Either way, our view is this give the people a voice in the filling of this vacancy. As we continue working on the issues like these, the American People are perfectly capable of having their say on this issue, so give them a voice. Let the American People decide, end quote. Senator mitch mcconnell. So, madam president , we have the mcconnell rule. That was by the republican leader. Lets follow the mcconnell rule and let the American People pick the next president and senate so they can weigh in on this Decision Just as senator mcconnell argued in 2016 with president obamas nominee. Merrick garland for Justice Scalias seat. Let the senate honor Justice Ginsburgs legacy by continuing to fight for the rights she fought for her entire career, both as a litigator, circuit judge, and finally as a Supreme Court justice. Let us honor Justice Ginsburgs dying wish, my most fervent wish is that i will not be replaced until a new president is installed. Madam president , i yield the floor. Mr. Booker madam president , thank you very much. I rise at a time of great grief in our country. We have seen 200,000 fellow americans perish due to covid. In addition to that, we have seen heroes in our nation fall during this period as well. Still a heavy heart as we have seen the passing of civil rights greats like c. T. Vivian and of course our colleague in the house of representatives, john lewis. In many ways, we are walking through the valley of the shadow of death. But as our fellow americans fall, it is apt that we give tribute to their character, to the values and virtues which mark their lives, to the truth and ideals that they carry for their lives and how they advanced us so that we may have better lives. Truly, if we are recognizing those values and those virtues, then the passing of Ruth Bader Ginsburg is a time that calls upon americans to pause and recognize her extraordinary life. She was a woman of small physical stature, but she was truly a giant amongst us. Even before her years as a Supreme Court justice, she championed the rights of americans and the ideals that we hold so dear, she advanced the cause of liberty and equality and the understanding as it says literally on the Supreme Court wall, equal justice under the law. This spirit that we fought for was buttressed by her massive intellect and her acumen and her skill and her strategy that was seen in her career as a lawyer as well as her opinions and work as a justice. Now, she understood more or as much as anyone that the decisions of the Supreme Court literally have a profound impact on the daily lives of americans. That the decisions of the Supreme Court will affect some of the most fundamental ideals. It could mean the difference between life or death, the difference between Economic Security and economic ruin, the difference between Environmental Protection and devastation. It affects not just the balance of power in institutions like the senate but also the balance of peoples lives and their wellbeing at their kitchen table. She knew that our laws are tools through which we either make our nation live up to its promise for all or fall further away from them. It is in this context that i want to join my colleagues this evening in discussing Justice Ginsburgs legacy and the future of the Supreme Court, because so many of the other things that matter most to us are in the balance right now with the decisions that this body makes. Americans know that the decisions of this body as it relates to the Supreme Court are going to effect some of the most deepest issues that affect their lives, their Economic Security, their bodily autonomy, their right to vote, their civil rights, the environment in which we all live, and the area i most want to focus on is their health care, their health care. That ideal of health care is fundamental to the ideals of our founding documents. You cannot have life and liberty and pursuit of happiness if you do not have access to health care. The next person appointed to the Supreme Court will make the kind of decision that will quite literally affect the quality of health care and therefore will affect lifeordeath issues. We know that over the past six months, as this deadly pandemic, which has led to this valley of the shadow of death for our nation and the globe, that has led to 200,000 people perishing in our nation, this is directly affected to the urgencies of this pandemic. We have had millions of americans lose their jobs. 30 million americans werent getting enough food to eat. Communities that were already viewbl have been devastated by the Public Health and economic crisis. Now more than ever, americans are relying on our safety nets, especially when it comes to access to health care. The next Supreme Court justice will inevitably oversee whether the Affordable Care act stays in place or not. Well, thankfully, because of the Affordable Care act, and in particular the expansion of medicaid that has happened in 36 states so far, more americans are getting insured, and now during this pandemic, more important than ever, Many Americans, millions of americans are outrage insured even though they have lost their jobs. An article published in the new england journal of medicine in august reported, and i quote, the a. C. A. Having created several new options for Health Insurance unrelated to employment will protect many recently Unemployed People and their families from losing coverage. I know the difference that the Affordable Care act makes and in particular the difference that Medicaid Expansion has made, especially for communities like mine in the state of new jersey, like ones in which i live of hardworking people that are still at the lower echelons of our economic nation. This is why i know what the Supreme Court decision could mean if it strikes down the Affordable Care act, especially right now i know what it would mean. Turning again to the new england journal of medicine, they make it plain, they make it clear. I quote in the current context of millions of americans losing their job and an ongoing pandemic, overturning the a. C. A. Would most likely be devastating to patients, clinicians, hospitals, and state economies. The very virus that has brought about record unemployment levels is the same agent that makes Health Insurance and the new options created under the a. C. A. More important than ever. Thats the new england medical journal. This small, the Supreme Court of the United States of america will consider another challenge to the Affordable Care act. President Trumps Justice Department has taken the dangerous position that, quote, the entire a. C. A. Must fall. President trump is trying to take away the security of the a. C. A. , take away the law that allows Medicaid Expansion, take away the law that protects people with preexisting conditions and allows them to have health care. The law that literally medical professionals are saying and saving lives today. And now here we are debating a decision to who we should put on the Supreme Court. Will we put another, a third trump appointee on the Supreme Court . One that reflects his values and his views. A justice that is likely now to tip the balance even further, that would most likely overturn the a. C. A. And mean that millions of families in the middle of a pandemic will lose their health care. Days before an election, when my colleagues just a few short years ago said we shouldnt make this decision, this is a conclusion of colleague after colleague after colleague. When in that case with Merrick Garland, we were months and months away from an election. 269 days. Now we are mere days. A decision that will affect the lives of millions, a decision that goes to the core of our health care, our health, our wellbeing, our ability to afford what should be a right in this nation access to Quality Health care. If they go forward with this justice, what will it mean . It will mean that the federal Health Centers that serve communities who need them the most would be gutted, because thats what the Affordable Care act has done for america. It would mean that people with preexisting conditions, from asthma to cancer to lasting complications of covid19 could be kicked off their coverage at a time when they are more vulnerable than ever. Thats what this decision is about. It would mean that many seniors who are already living paycheck to paycheck would have to pay more for their prescription drugs and more for the Preventative Services that they receive at no cost today because of the Affordable Care act that donald trump believes should fall. It would mean that young adults who now, more than ever, are relying on staying on their parents plan until 26 wouldnt be able to do so because of the Affordable Care act that donald trump believes should fall. It would mean that countless babies who need to spend time in the neonatal intensive unit would hit lifetime limits on care within a few months or a few weeks of being born. Gutting the Affordable Care act, seeing it fall, as our president desires, would mean Insurance Companies would go back to spending more of americans premium dollars on Administrative Functions than actual care. This Supreme Court justice will determine if the a. C. A. , the Affordable Care act, stands or donald trump wants it should fall, and if it falls, it will mean women will go back to paying more for their Health Coverage simply because of their sex. The Affordable Care act falling would mean at a time when black and latino americans are disproportionately dying of this virus, reversing the gains of the Affordable Care act has made , in narrowing those disparities now, we would see those communities with less coverage, less care, less access, less justice. Donald trump tried to influence the court putting a person on that reflects his views and his values. Donald trump wants the a. C. A. To fail if he is successful it would mean more onerous requirements and barriers to Health Care Access during a Global Pandemic that is already wreaking devastation and havoc on American Communities from sea to shining sea. In new jersey, my state, a repeal of the Affordable Care act combined with the impact of covid19 would mean 686,000 people in new jersey would lose their Health Coverage. All while dealing with a deadly pandemic and a recession. Nationally it would mean 23 million of our fellow americans, 23 million people, children, adults and elderly could lose their coverage if the a. C. A. Were repealed during this pandemic. The fact is Health Coverage saves lives. That is not an exaggeration. This is lifeordeath. Study after study has borne this out. The center for budget and policy priorities reports that the expansion of medicaid alone under the Affordable Care act saved over 19,000 lives between just 2014 and 2017. And that states that didnt expand medicaid saw over 15,000 people die prematurely. And that is just among adults age 55 to 64. God, the Affordable Care act, the lives saved, those who did not have Medicaid Expansion, the lives lost. Our fellow americans. Life, liberty, and the pursuit of happiness. Life, liberty and the pursuit of happiness. That is what is at stake right now. Before the pandemic hit. We know that many of the people who had been hardest hit by covid19 rely on medicaid. Since the pandemic, Medicaid Enrollment in our country has gone up as more people have been in need. Its grown for the first time in three years because of this pandemic. More people are hurting. More of our fellow americans are finding themselves in crisis. Across the country more families are able to turn to medicaid during this crisis because of the Affordable Care act. The state of kentucky where the republican leader represents had the highest rise in Medicaid Enrollment with a 17. 2 increase from february to august. And this is how our social safety net should work. It should be there in a crisis when there is more disease, when there is more death, when there is more suffering. We as a nation this show more compassion, more empathy, and more care, not less. We saw in 2018 when people were asked why they were voting, why did we see a surge in turnout. It was because people were concerned about their health care. And that was before the pandemic. This election will be about many things, but most people will know this is an election about the security of health care. One president who says again as i quote, let it fall, another that wants to preserve it and put people on the Supreme Court who will defend it as fundamentally in line with our constitutional ideals, life, liberty, and the pursuit of happiness. And so that is the jeopardy. That is what is at stake. And using the logic not of any democrat, using the logic of my republican colleague after republican colleague, my republican friend after my republican friend who i heard what they said when they denied barack obama a Supreme Court pick. I heard their words. They were clear. As my friend, the head of the Judiciary Committee even went as far to say use my words against me. If it is the final year of President Trumps term, then we should wait until after the election before we put someone on the highest court in the land for a lifetime appointment. What is this about . It is about the most sacred ideals of our nation. Life, liberty, freedom from fe fear, freedom from disease. I dont know what to say because i see whats happening right n now. People speak passionately about a standard, defend themselves, cite historic precedent. And then when things shift and they have a chance to show consistency and to show restraint, to show allegiance to comity, to show allegiance to the ideals that bond us togeth together, instead they turn their back on their very words. Instead they betray the principle and rule that they set in place. And if it was just politics, that would be one thing. But what is at stake is the health care of americans. There are people afraid tonight. There are people scared across our country. A parent with a child who has a rare cancer, an adult struggling to afford their prescription drugs, someone is out of a job, someone with a preexisting condition because this is not about politics. Its about them. Its about their lives and their wellbeing. Millions of americans benefited from the Affordable Care act. And by pushing, by rushing this through to get another trump justice by a president who wants that action by congress, wants the Affordable Care act to fail, what will that mean . Where will that leave us when this decision goes to that Supreme Court with three judges, one of whom should have been barack obamas. Justice ginsburg stood up for our ideals. She stood up for this belief that its the little person, its the person with the margins of life, its the person who has been demeaned and degraded by powerful forces that they should have equality. She fought for and won battles that my generation takes for granted. And her last dying wish was not that one president or another but that we should wait until after this election. And she said that, i believe, not just because of the conflicts of our time but she said that not just because she believed it was right but because she believed in the Supreme Court. She believed that the Supreme Court no matter what the politics of our time should be a place that holds legitimacy in the republic, that america should not see that as a body that could be politicized by the behaviors of congress. And so she said wait. Ironically it is the same sentiment that my colleagues said we should do when Merrick Garland was nominated. Then they were with Justice Ginsburg. And i tell you right now she may be gone, but they should honor her in truth right now by upholding that sentiment, their sentiment,s very idea that could possibly give us more hope that health care, that life and liberty and the pursuit of happiness can win the day. Thank you, madam president. I yield the floor. A senator madam president , i want to thank my colleague from new jersey, senator booker, for an outstanding statement from the heart. Mr. Durbin i think about this moment in history. I think about the fact that just a few weeks ago we were mourning the loss of john lewis, a personal friend, a champion, an inspiration, one of the real pillars of the Civil Rights Movement of 1960s who lived on to this day and carried the torch for so many years when it came to civil rights and equal rights. Well miss him. And now another loss of another giant. Though she was small in stature, Ruth Bader Ginsburg was an amazing life story. An extraordinarily bright young woman who just asked for a chance to get a job in new york with one of the law firms, but because she was a woman, they turned her away. That lost job must have been a disappointment to her, but as we reflect on it in the history of this nation, it was the biggest break we ever had when it came to the cause of women in modern times. Because she went on to become a law clerk, a professor, a judge, ultimately a Supreme Court justice, and in the course of that career was such a powerful and effective advocate for the cause of women across america and i might add for the cause of men, too, she made history. So that job rejection may have been a disappointment for a day, but as we reflect on it, thank goodness. She was steered to another path and used it so effectively. If you left this Chamber Tonight and walked across the street to the Supreme Court, you would find a large group of people as you have since last friday pausing, reflecting, thanking, praying for Ruth Bader Ginsburgs life. Theyre across there tonight lighting candle, dropping flowers, note, notes, crying, commiserating, noting a loss that america feels. I was struck personally by my own family reaction. My daughter, daughterinlaw, and so many others confided in me in ways they rarely do about how much this woman meant to them. It was time for reflection in my family and im sure in a lot of those across the United States. She had one last request, one dying wish. And she handed it to her daughter and she said, let the next president pick my successor on the Supreme Court. Its understandable that she would do that. I know she probably had hope in her heart as to who that person might be. But she knew after the way the vacancy of Antonin Scalia was treated by the republicans in the senate that that was the way they were going to handle her situation. At least we thought they would. And then of course senator mcconnell announced a 180degree reversal in principle, 180degree reversal. Instead of waiting until the election and the new inauguration of a president to fill her vacancy, he made it clear the republicans in the senate are hellbent to fill this vacancy as fast as possible. Whats the hurry . Why have they changed their position after four years . Do they doubt that President Trump is going to be reelected . Could that play into this equation . Who knows. But theyre determined to do it because they have an agenda, an agenda which is more important than consistency, more important than honor, more important than principle. Their agenda is to turn back the achievements and progress made by Ruth Bader Ginsburg and to leave the American People more vulnerable in their time of need. A few weeks ago i took a poll in illinois to see what public sentiment might be on issues. I was a little surprised how overwhelming the issue of Health Care Still is in my state of illinois. As i reflected on it, it made sense. We wak we wake up every day, looking for our masks, wondering how many more people have died, hoping that we can protect ourselves and our family. So health care is on the forefront of everyones mind. And, of course, protection for your family is always your first instinct. And people know that without the Affordable Care act, they will not have that protection. We remember, many of us do, the debate in creating the Affordable Care act ten years ago. I might say in my house and senate career, its the most important issue i have ever voted on. When again will i be able to help 20 million americans find Health Insurance for the first time . When will there be another opportunity to make sure that Health Insurance ed sold in america treats People Fairly . The Affordable Care act eliminated lifetime limits on payouts, which is imminently sensible when you consider the skyrocketing costs of medical care and how so many situations in life are so darned expensive. It said to people you cannot be discriminated against because you have a preexisting condition. I remember the day, most of us do, when applying for Health Insurance was a long list of questions, and if you happened to just check one of those yes, be prepared because it meant you had a preexisting condition and you were about to be charged a higher premium if they would allow you to buy Health Insurance. Families with children who survived cancer knew what that meant, Health Insurance they couldnt afford or Health Insurance that wasnt available. The Affordable Care act changes that and says you cannot discriminate against a person because of a preexisting condition. When we looked at some of the preexisting conditions, Health Insurance companies were boldly announcing well, of course, gender is a preexisting condition. Women do have to pay higher premiums, you know. Think of that. Gender is a preexisting condition. That was one of the tricks to deny coverage or to raise freedom costs. And then when it came to covering your kids, we remember what it was like, many of us do, when our kids graduated college, thought they were invincible, taking parttime jobs, no benefits. I remember calling my daughter and saying jennifer, do you have Health Insurance anymore . No, dad, im just fine. Well, we got her Health Insurance. It cost a pretty penny. Now under the Affordable Care act, i could have kept my daughter under my family plan until she reached the age 26 when she would have had a better chance to have a job with benefits. Thats one of the things the Affordable Care act did. But the Trump Administration and the republicans in congress have been determined to kill the Affordable Care act from the day it passed. There were over 50 roll call votes in the United States house of representatives to eliminate the Affordable Care act. They all might have passed the house, but they werent taken up by the democratic senate. They waited for the day, and the day finally came. Senator mcconnell has a majority, and he was sitting out to eliminate the Affordable Care act here on the floor of the senate. I will never forget that night, that early morning. 2 30 in the morning, those doors opened. John mccain, very sick. We knew he didnt have long for this world. Had just left a phone conversation with President Trump. He walked to that well, and he barely lifted that right arm that had been crippled during his prisoner of war experience in vietnam. He lifted it just enough to say no. And john mccains no saved the Affordable Care act for millions of americans. Did the republicans learn their lesson . No. They determined, they decided that if they wouldnt win it on the floor of the house and they couldnt win it on the floor of the senate, they would win it across the street in the Supreme Court, and that is what this is all about. That is why senator mcconnell has reversed his position, a position which he claimed to be principled, reversed his position on filling the vacation on the Supreme Court in the last year of a president. It said that he is going to with determination fill this seat. The chairman of the senate Judiciary Committee, Lindsey Graham, who is a friend of mine, and i work with him, had to explain to the American People why he reversed his position completely on this issue, and then he announced last night that every republican member of the senate Judiciary Committee was going to vote for President Trumps nominee. You would have thought he would have waited until that nominee had been announced, but clearly it doesnt make any difference. They know that whoever that nominee will be, they will be hellbent on going across the street and eliminating the Affordable Care act in the Supreme Court. Thats why this issue is not just a matter of debate between the highest ranking politicians in washington. Its a matter that affects everyone, everyone across america who buys Health Insurance, and thats just all of us. To make sure that Health Insurance is worth owning and will be there when you need it. Madam president , i see some colleagues on the floor, and i want to yield the floor to them because i know they have their own thoughts to share with you, but it troubles me greatly what happened whats happened to the senate. This big chamber, this big room has turned into a museum piece in washington, d. C. We dont entertain visitors anymore because of covid19. But if they were to come, they could peer down on the desks and say well, thats where people used to stand called senators who actually legislated. We dont do that anymore here, very seldom. Instead, we take up these partisan causes like filling the federal judiciary with ideologues and violating the traditions of the senate to fill Supreme Court vacancies. This chamber is just a room, but the senate is 100 people. 100 people bound together by history, tradition, rules, and Mutual Respect. What we are witnessing now, this effort by the republicans to fill a new Supreme Court vacancy before the new president is elected is a violation of all four history, tradition, rules, and the Mutual Respect that is important in this body. I hope that we can recover from it, not only for the good of the senate but for the good of the Supreme Court. That we can come out of this with a determination to try to put this chamber back on track. This is a sad and dark moment with the loss of a wonderful woman who served this country so well and this effort to replace her in a manner that does not speak to the best instincts in history of the United States senate. I yield the floor. A senator madam president. The presiding officer the senator from hawaii. Ms. Hirono madam president , this past friday, our nation lost a giant of a jurist and a champion of gender equality, workers rights, Voting Rights, and civil rights. Justice Ruth Bader Ginsburg understood the critical importance of the Supreme Court in safeguarding our constitutional individual rights. About two years ago, i was sitting next to Justice Ginsburg at a dinner and we were talking about the concerns we had about a very divided Supreme Court. She shared her concerns that we would see many more 54 decisions coming in the future, decisions that would roll back civil rights, protections, workers rights, individual rights, efforts to address Climate Change and clearly a womans right to choose. Decisions that would harm Everyday Americans. As someone who has been on the court for more than a quarter of a century, Justice Ginsburg understood the dangers of partisan decisions. She spent more than two decades standing up for gender equality, Voting Rights, workers rights, and civil rights. She was also often a key vote to uphold critical rights for Everyday Americans such as clean air and clean water protections. Within a few years of joining the Supreme Court, Justice Ginsburg wrote a landmark opinion in a 71 decision that struck down the Virginia Military institutes traditional maleonly admission policy. She spoke for nearly the entire court when she wrote that differential treatment of men and women, i quote, may not be used to create or perpetuate the legal, social, and economic inferiority of women, end quote. More recently, Justice Ginsburgs powerful voice led dissent against partisan 54 decisions. In 2007, she led a dissent in ledbetter v. Goodyear tire company where a bare 54 majority of the court had determined or undermined the plain language ability to bring gender pay discrimination claims. Justice ginsburg took the rare step of reading her dissent from the bench, saying, quote, in our view, the court does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination. I was a member of the u. S. House of representatives when the ledbetter decision came down, and i was appalled that a bare majority of the court interpreted the relevant statute in a way it had not been intended. Justice ginsburg invited congress to fix the statute to make its intent clearer. And representative george miller, the chair of the house, education, and Labor Committee at that time on which i serve, led the way to pass the Lilly Ledbetter fair pay act, and it was the first bill that president obama signed into law in 2009. In 2013, Justice Ginsburg wrote a scathing dissent in the 54 decision in Shelby County v. Holder where a bare majority once again of the court gutted the Voting Rights act, and she wrote then, quote, throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet, end quote. Immediately after Shelby County, as should have been expected, many states passed Voter Suppression laws that made it much more difficult for communities of color to vote. That was the intention of those laws that these states passed. And these Voter Suppression efforts are ongoing even as we speak and will have a negative impact, a real negative impact on the 2020 election. In 2018, she rebuked the 54 majority in Epic Systems Corporation versus lewis which allowed companies to force their workers to arbitrate their claims one by one instead of seeking collective action in court. And why one by one . Because the employer thought, well, these employees, they are not going to fight us one by one by one. Calling the majority decision egregiously wrong, Justice Ginsburg noted that, quote, the inevitable result of todays decision will be the underenforcement of federal and state statutes designed to advance the wellbeing of vulnerable workers. And in fact, ethics systems is one of the cases that i brought up with Justice Ginsburg when i sat next to her at dinner and i said that was a horrible decision, and she said and i wrote the dissent. To honor Justice Ginsburgs legacy, we should honor her final wish not to be replaced until a new president is installed. In fact, thats the rule that Senate Republicans made up in 2016. About one hour after Justice Scalia died on february 13, 2016, senator mcconnell announced an unprecedented new rule. The American People should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president. Then for the next 11 months, senator mcconnell blocked president obama from replacing Justice Scalia on the Supreme Court. That vacancy existed for almost a year. Back then, it didnt take much for other republicans to join senator mcconnell. In fact, the rumor was that the majority leader had his republican colleagues all lined up to side with him before he even announced the socalled mcconnell rule. That was then. This is now. Now that the tables have turned and we have a republican president instead of a democratic one, senator mcconnell and his republican colleagues are going back on their word. Within hours of Justice Ginsburgs death, senator mcconnell vowed that, quote, President Trumps nominee will receive a vote on the floor of the United States senate, end quote. This is whats known as a 180degree turn or talking out of both sides of your mouth. But, of course, he is not the only one. In 2016, senator gardner said i think the next president ought to choose the Supreme Court nominee, and i think that is only fair to the nominee themselves, and i think that is the only that is only fair to the integrity of the Supreme Court. But after Justice Ginsburgs passing, senator gardner flipflopped, indicating that if President Trump nominates someone he likes, he will vote to confirm. In 2016, senator tillis came to the Senate Chamber to declare, quote, it is essential to the institution of the senate and to the very health of our republic not to launch our nation into a partisan, divisive confirmation battle during the very same time the American People are casting their ballots to elect our next president , end quote. But it took senator tillis fewer than 24 hours after Justice Ginsburgs death to go back on his word and commit to supporting the, quote, conservative jurist President Trump will nominate. In 2016, senator brown repeatedly stated, quote, the election cycle is well under way, and the precedent of the senate is not to confirm a nominee at this stage of the process, end quote. He even doubled down on his promise, claiming, quote, i want you to use my words against me. If theres a republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said lets let the next president , whoever it might be, make that nomination. End quote. Then a week after Justice Kavanaugh and dr. Ford testified before the senate Judiciary Committee, they said plainly to jeffrey goldberg, if an opening comes of course he was talking about the Supreme Court opening. If an opening comes in the last year of President Trumps term and the primary process is started, well wait for the next election. End quote. When my democratic colleagues on the Judiciary Committee did what senator graham asked, that we hold him to his word, we wrote a letter to him to stick by his word. He refused. He indicated he would, quote, expeditiously to proceed to process any nomination made by President Trump to fill. End quote. Justice ginsburgs vacancy. There are other republican senators who stood with senator mcconnell in 2016 and now have changed their tune, including senators purdue, ernst, barrasso and cornyn. The question that the American People should ask is how can you trust people who dont keep their word . In is an urgent question for the millions of americans who will lose their health care and reproductive freedoms if President Trump and majority leader mcconnell are successful in seating yet another Supreme Court seat. The threat of this nominee the threat this nominee poses to the Affordable Care act is not some esoteric debate were having. Its not theoretical. On november 10 the Supreme Court will hear yet another partisan challenge to the a. C. A. I have no doubt that donald trump and the majority leader want a new justice in place to strike down the a. C. A. Depriving millions of americans of their Health Insurance, including millions with preexisting conditions. The more than six million americans who have tested positive for covid19 will likely be deemed to have a preexisting condition. Add them to the americans who will be devastated if the a. C. A. Is struck down by the trump nominee. Our health care is on the line with the next nominee regardless of who the nominee is. Note that the republicans are saying that every single judiciary republican is going to vote for the nominee and we dont even know who the nominee is. So obviously it doesnt matter who the nominee is. Is will be someone who is expected to strike down the a. C. A. After all, repealing the a. C. A. Has long been number one on the president s and republicans hit list. By getting rid of the a. C. A. , its not the only thing the president is after. The president s nominee will also oppose abortion rights so thats next on their hit list. Let me be clear. The future of roe v. Wade is on the line. The future of a woman being able to control her own body is on the line. With so much at stake with this nomination, the millions of americans who revere Justice Ginsburg are not just going to sit by and do nothing while my republican colleagues try to steal yet another Supreme Court seat. In fact, theyre showing up in droves in front of the Supreme Court to show their support for all that Justice Ginsburg stood for. Theyre going to fight back and you can be assured i will be right there fighting back with them. They arent going to fall for the trumped up justifications, explanations, and pretext that Senate Republicans are using to go back on their word. And i am confident that in six weeks time, the American People will hold them accountable. Madam president , i yield the floor. A senator madam president . The presiding officer the senator from New Hampshire. Ms. Hassan first of all, madam president , id like to thank my colleague from hawaii for her remarks just now and from her commitment to a more equal, more just United States of america. I rise tonight to join my colleagues in mourning the loss of justice Ruth Bader Ginsburg. Justice ginsburg was a brilliant jurist and a persistent patriot. Her belief in our country and her vision and imagination as a lawyer left our nation stronger and more just. As a litigator, she fought and she won fights for womens equality. And on the court she was a powerful voice for justice, whether in the majority or in dissent. Throughout her career and through the final days of her life, she was a powerful voice calling for every american to be recognized equally and to be treated with dignity regardless of gender or personal circumstances. And the progress and inclusion that she helped build throughout her life is a testament to both her tenacity and her unmatched legal mind. Its also an illustration of what is possible in our country when we reaffirm and stay true to our values. Justice ginsburgs vision of what it means to be an american and what it means to be free changed lives. She helped move our country toward a more Perfect Union and we have to continue her unfinished work. Madam president , like many of my colleagues, i stopped by the Supreme Court over the weekend. It was incredible to see the outpouring of sheer reverence and to see the number of people who came on foot, on bicycle, in cars to pay their respects. I overheard one mom explain to her children that, quote, a lot of people loved her. Close quote. Then a couple of seconds later she added to the children, quote, and i want you to understand how important she was to our country. I hope that we all take the time to think about the meaning of Justice Ginsburgs life and what this loss means for our country. Madam president , honoring the legacy of Ruth Bader Ginsburg means continuing to fight for the more equal america that she fought for throughout her entire career. Unfortunately, though, in a week in which america has reached a terrible milestone of 200,000 covid19 deaths, the Senate Majority leader and Senate Republicans have made their priorities clear. Instead of working with democrats to pass the comprehensive covid19 relief bill that the American People so badly need, my colleagues across the aisle are focused on using all of the senates time before the election to rush through the president s choice for a lifetime appointment to the Supreme Court. And they are doing so in contradiction of the rules that they themselves invented in 2016. Despite the fact that this election is not just imminent, its already under way with voters casting their ballots in states across the country. Our society and our democracy rely on the idea that all sides of political debates will play by the same rules. That means when any faction loses, it does so knowing that it will have a fair chance in the next round. When that understanding is disrupted, it destabilizes our democracy leaving people feeling disenfranchised. Its wrong and it produces chaos and confusion. And it demonstrates a dangerous trend. My republican colleagues are making clear that they do not think the rules apply to them. It is worth taking a closer look at exactly why theyre violating the rules that they set for themselves and applied to president obamas nominee just four years ago. And what the impact of their backward pray quarts will be for the american priorities will be for the American People. Right now the Trump Administrations lawsuit to repeal the entire Affordable Care act and its protections for people with preexisting conditions is pending before the Supreme Court. And as you have heard from my colleagues, scheduled to be argued after the election. Make no mistake, rushing through this nomination is a lastditch effort to repeal the Affordable Care act through the courts after failing to do so legislatively for years. Even worse, the republicans would undermine health care in the midst of a devastating pandemic just when it is needed most. And invalidating the a. C. A. Will also mean that those who survive covid19 and as a result will have preexisting conditions for the rest of their lives will no longer be protected by the a. C. A. When they seek insurance coverage. And taking away health care from millions of americans is just one of the many things at stake. Womens rights, Voting Rights, civil rights, workers rights. So much of what Justice Ginsburg stood for, theyre all at risk. Senate republicans are not just intent on filling this Supreme Court seat. They are intent on filling this seat with a person who will strip away some if not all of these rights. Madam president , the stakes could not be higher and the priorities of the American People are clear. We should follow the rules that the republicans created in 2016. We should focus on covid19 relief. And we should not confirm a nominee until after the next president is inaugurated. Ruth Bader Ginsburg believed in an america where equality would win out, where everyone played by the same rules in liberty and justice. In fact, in liberty ensured by justice. It would be a good thing if all of my colleagues who have the privilege of serving in this chamber would reflect on that to honor the giant we just lost. Godspeed, Ruth Bader Ginsburg, and god bless the United States of america. Thank you. I yield the floor. The presiding officer the senator from minnesota. A senator madam president , i thank my colleague from New Hampshire for beautiful words. Ms. Klobuchar i rise today to join my colleagues in celebrating the life and legacy of a hero, an icon, and a woman way ahead of her time. Justice Ruth Bader Ginsburg. She was a trailblazer who exceeded all expectations. And through her example, helped young people, young women across this country believe that anything and everything is possible. And its my hope that this chamber can follow in her footsteps and exceed expectations when it comes to this precious democracy that we are supposed to hold and that we are supposed to take care of. You know, a few years back my daughter abigail and i got to see Justice Ginsburg. And i had met her a few times. But we were at an event and we had our photo taken with her. Now, as you know, abigail was in her early 20s and Justice Ginsburg had become a cult figure at that point in her 80s, something we all aspire to to the point where she had her own hashtag. So we had our photo taken, the three of us. Afterward my daughter came up and said mom, i got a photo with the notorious r. B. G. I hope, mom, you dont mind. Im going to cut you out. I just want one with r. B. G. Up there. Justice ginsburg literally made justice cool for a lot of young people out there. And that legacy, that legacy with all the people, the outpouring of love and support you see at the courthouse, that continues. When people told Justice Ginsburg that she shouldnt go to law school because she was a woman, what did she do . She went to harvard, became the first woman to work on the harvard law review, and then went on to graduate from columbia at the top of her class. As has been recounted many times, she literally was called before the dean of the Harvard Law School along with the other eight other women who were in that class, of all those men, and asked why they would be taking the seat of a man. But that didnt stop her. Nothing stopped her. When law firms in new york wouldnt hire her because she was a young mother, what did she do . She became one of only two female law professors at Rutgers University where she then writes the brief that led the Supreme Court to decide for the first time that the 14th amendment of the constitution should protect against laws that treat people differently, solely on the basis of sex. When they told her, despite their expert fees and novel theories of how to protect equal protection, when they told her that she shouldnt argue equal protection cases before the Supreme Court, that maybe the chances would shall better if a man would be better if a man would do it, what did she do . She argued six cases in front of the u. S. Supreme court and leaves with five out of six victories. But she didnt stop there. She was nominated as the second woman ever to serve on the Supreme Court, after sandra day oconnor. She was confirmed in the senate by a vote of 963. She served on the Supreme Court, the highest court in the land, for 27 years, standing up for equality and justice. And as i noted, she became an International Icon well into her 80s. She did all that by never giving up. And to me that has inspired me, as we deal with what is in front of us right now, with this assault on our democracy. When the odds dont look that good, you never give up. One of her important majority opinions on the court built on her work on equal protection as a young attorney. In United States v. Virginia, Justice Ginsburg vote for a sevenone majority that struck down the maleonly admissions policy at at at. When she announced the opinion in court, she said the equal protection clause of the 14th amendment prohibits any, quote, law or official policy that denies to women simply because they are women equal opportunity to aspire, achieve, participate in, and contribute to society. That opinion was joined in by Justice Kennedy and others, it was an example of the principle that guided Justice Ginsburg in her words to fight for the things that you care about but do it in a way that will lead others to join you. But she was also known for the opinion she wrote in dissent and not only because she would wear what was sometimes fondly called her dissent caller when the opinion was announced in court. In shelby v. Holder, a 54 majority on the Supreme Court unfortunately struck down important parts of the Voting Rights act that required jurisdictions with histories of racially motivated Voter Suppression to seek court or department of justice approval before changing voting laws, a process known as preclearance. Justice ginsburg authored the dissent, joined by justices breyer, sotomayor, and kagan arguing that he throwing out preclearance when it that is worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet. After she finished reading her dissent in court, she quoted Martin Luther king jr. Saying, the arc of the moral universe is long but it ends towards justice and adding her own caveat that it bends towards justice only, quote, if there is a steadfast commitment to see this task through to completion. End quote. To see the task through to completion. Thats part of our job, as stewards of this democracy. We may not see it through to completion, but the least we should do is do no harm. And the most we should do is to make it better. Thats what she stood for, and thats what i hope my colleagues will consider in the weeks to come. As we gather here tonight, we must also recognize that Justice Ginsburg worked, as i noted that Justice Ginsburgs work, as i noted, is still unfinished, the Supreme Court will continue to make decisions about equal rights for women, lgbtq quality, access to clean air and clean water, Fair Elections and workers rights and just one week after the upcoming election, the court will hear arguments in a case challenging the constitutionality of the Affordable Care act, which could put coverage for people with preexisting conditions at risk. Thats what that court down there in texas held. Peoples health care is literally on the line. If the Affordable Care act is struck down, over 20 million americans across the country could lose their Health Insurance right in the middle of this pandemic because there wouldnt be no requirement in place to protect them from being thrown off their insurance. When the stakes are this high, i urge my colleagues to grant what Justice Ginsburg described as her most fervent wish, that she will not be replaced, she said, until a new president is installed. Thats her dying words. And of course she use add word like fervent because thats how she approached her lived and her work. At its core, Justice Ginsburgs wish is about fairness. It is about what is right and what is just. Four years ago leader mcconnell created a new rule for Supreme Court nominations. He refused to consider president obamas nomination, as is known wellknown of Merrick Garland to the Supreme Court because the country was nine months from an election. And in his words, quote, the American People should have a voice in the selection of their next Supreme Court justice. So here we are 42 days until the president ial election and people have already started voting. They are voting in my state not only by mail, as we speak, but also in person at early voting places all across our state. It is our republican colleagues that set that precedent, and now they must follow it. Tonight i urge my colleagues not to fill this vacancy until the American People have voted. People are deciding right now who should be president. If you go back in history, the only time a justice died this close to the election was during the time of Abraham Lincoln, when Justice Taney died, who was sadly, infamously known for writing the dred scott opinion. But he died the closest to an election of anyone until Justice Ginsburg. And what did Abraham Lincoln do . He waited until after the election until after he saw if he won, until after he knew what the makeup of the senate was. He didnt do it now because he was a wise, wise man. Because his interests, as we know, was to bring our country together and to do everything he could in his power to stop the divide and to have be one nation under god. My colleagues will have to decide what to do based on really their own integrity, their own commitment to justice. As Justice Ginsburg demonstrated, lawyers fight for justice. If you lived and breathed that fight, like Justice Ginsburg did her entire career. Thats our job, too, to fight for justice. But we have an even more extraordinary burden. That is, to also uphold this democracy and to keep this country together. Justice ginsburg did it in her own ways, in her own life, despite having incredibly different opinions about the law, as Justice Scalia. They were true friends. And she was able to work with him. Well, we need to see more of that here. It doesnt mean that we have to agree on who the next president is. It doesnt mean that we even have to agree on who the next justice is. But our jobs to maintain civility in this country, to bridge that divide, to bring people together is to simply let the people decide. I think it is because of that unique characteristic she had of being a fighter, of being a hero, of taking risks, of never giving up but of also doing it in a way where people could feel like they knew her, even people that disagreed with her, including in this institution respected her. Well now the eyes are on this place, and its our job to earn the respect of the American People. And the reason that we have seen so many people expressing their grief at the stems of the Supreme Court and across the country is because of that respect. Justice ginsburg opened doors for women at a time when so many insisted on keeping them shut. And on the Supreme Court, time and time again she made the case for justice. For a woman of so many firsts, it is fitting that this coming friday she will be the first woman to lie in state in the u. S. Capitol. So lets remember her fight, her legacy, and her fervent wish, all of which were about securing equality, fairness, and justice for every person in our country. Thank you. I yield the floor. A senator mr. President . The presiding officer the senator from oregon. Mr. Wyden madam president , as our colleagues have said tonight, we cant even remember any other member of the federal judiciary who became a cultural icon recognized only by their initials. R. B. G. Did, and she earned the recognition and her place in history through an astounding career, fighting for the rights of lgbtq individuals, for the rights of everybody who had been pushed to the margins of american society. Mitch mcconnell and donald trump have now, unfortunately, made it very clear that theyre going to pull out all the stops to unravel the exceptional work of Ruth Bader Ginsburg. And theyre going to break their own rule their own rule. This is not something that was debated with the other side. They decided to break their own rule pertaining to Election Year appointments to undo the historical record of Ruth Bader Ginsburg. And for a moment, madam president , i want to compare this to another time. When i was a young man right out of law school, i served for a number of years as codirector of the oregon gray panthers at home. And back then, just like now, there were a lot of issues that were on peoples minds. Just like today, where there is a list of issues miles long, from the rights of lgbtqplus americans, for the ability of every eligible american to vote and much more. And there was a similar similarly long list of issues back when i worked with the senior citizens. I made the judgment then because of spending that time with older people that health care was far and arizona way far and away, madam president , colleagues, the most important issue because if you and your loved ones dont have your health, then pretty much Everything Else goes by the board. You cant spend time with family, you cant achieve all you want in your job, you cant even have the chance to walk about outside on a pleasant evening like this. So health care, to me and to millions of americans is far and away the most important issue in front of this body. And now this is the one issue the one issue that will come up immediately with a trumpbacked lawsuit going before the court soon after the election. So, make no mistake about it and i know its awfully hard to follow all the legalese and the procedural motions. At one point my wife said i think senator merkley may have heard this. My wife said she would marry me. She said, you are a lawyer, not probably a takely good one, but i was sure glad you did a good job nor the senior citizens. But its hard to follow all the legalese and all the procedure. But when you set aside all of that surrounding the fact that the health care will be the one issue coming up immediately with a trumpbacked lawsuit soon after the election, tonight we say to the American People that health care in america is at stake. The Affordable Care act is at stake. Coverage for 130 million americans with preexisting conditions is at stake. If you dont trust republicans with your health care, you cannot trust republicans with this Supreme Court seat. Donald trump and the Justice Department are suing to have the entire Affordable Care act thrown out. Every last bit of it thrown out. So i just want to walk through what this means from sea to shining sea. If theyre successful, the ironclad, guaranteed coverage for preexisting conditions is gone. The ban on discrimination against women is gone. The ban on annual and lifetime limits, gone. Coverage for young people on their parents plans, gone. Guaranteed essential benefits for all with coverage, gone. Nocost contraceptives for women, gone. Cheaper prescription drugs for seniors on medicare, gone. Medicaid coverage for millions and millions of americans, gone and most importantly, mr. President and colleagues, because the Affordable Care act; millions of americans can go to bed tonight knowing that they will have secure, Decent Health care when they wake up in the morning. And if the trump lawsuit is successful, it too will be gone. That is the trump agenda on the Affordable Care act. Ripping it out by the roots, no matter how much pain is inflicted on the American People. And, by the way, i made mention of the gray panthers. Lets understand, in this country we always love to move forward. This is a direct trip back. The Affordable Care act locked in protections for those who had faced discrimination with a preexisting condition. A victory for donald trump in court means you turn back the clock to the days when health care was for the healthy and wealthy, because thats what you have if you allow discrimination against those with preexisting conditions. In 2017, the president tried and failed to get the congress to repeal the Affordable Care act. So he couldnt get it done, my colleagues here leader schumer, senator merrickically, we all remember that night, john mccains hugely consequential role. Donald trump couldnt get the congress to repeal the Affordable Care act so now hes trying do it through the court. Donald Trumps Justice Department is bringing to the court along with dozens of state attorneys general what i think is a lot of legal nonsense. That might not matter to farright activist judges who would seize this opportunity to have a big, big win with Drug Companies and other special interests at the expense of americans who are vulnerable, particularly after Justice Ginsburgs passing, theres a real chance that the Supreme Court hands down a partisan ruling giving the president the win he wants so much over the Affordable Care act. If he gets to choose the person who takes the seat held by the revered r. B. G. , the Affordable Care act is gone and the Republican Health care agenda is coming and it is coming after vulnerable americans from sea to shining sea. Donald trump might tell you something different, but the American People know he doesnt often tell the truth about health care. Once in a while the truth does come out. Thats what happened one day back in may, the last day when he had the opportunity to pull out of this antia. C. A. Lawsuit before the court. The president was asked whether he might have a lastminute change of heart, but he made his goal clear. He said, i quote, we want to terminate health care under obamacare. This was in may. Hospitals in covid19 hot spots around the nation were full of americans at that time who were dying alone amid a global contagion that had shut our country down. Not even a nationwide Public Health disaster could get donald trump to reconsider his position on the Affordable Care act. If donald trump wins this Supreme Court case, having had the coronavirus will be a preexisting condition and Insurance Companies can use it to discriminate against you. It obviously goes without saying that the trump agenda would leave American Health care in ruins. Now hes fraudulently promised new comprehensive health care plan. We stopped counting after nine or ten times. But its all a fraud because all the administration has done since day one is make health care worth and more expensive for americans. I tried to point out, mr. President , that even medicare is headed for crisis because of donald trump and his incompetent administration. He knew the coronavirus was highly contagious and a lethal pandemic, but he denied it for weeks and weeks while the virus spread nationwide. When the pandemic eventually exploded, the economy shut down and that has been devastating, as i have pointed out, to the finances of medicare. The Medicare Trust fund will be insolvent within four years, during the next president ial term. And so weve said on the finance committee, where we have jurisdiction over medicare, whoever wins this election is going to be in charge during the biggest crisis medicare has ever faced. If donald trump is in charge, i believe it will be the end of the medicare guarantee, of defined, secure, and highquality benefits for the older people of this country. Seniors may have to figure out some other way to pay for health care and prescription drugs. The bottom line is wiping out the guarantee of health care is what the trump agenda has always been about. Gutting the Affordable Care act through regulations, bringing back junk insurance, cutting access to Womens Health care. If donald trump fills the ginsburg seat, has the Supreme Court totally on its side, you can bet the courts will be siding against typical americans and for special interests with every opportunity. Let me close simply by touching on one other Vital Health Care issue. Womens health care, particularly Reproductive Health care, is right at the center of this debate about the future of the ginsburg seat. Republican lawmakers have been trying to throw that away after more than 45 years of settled law. They have been fighting to go against the majority opinion of the American People and overturn roe v. Wade, denying a womans right to access the health care that that woman, that woman says she needs. Even today just a few hours ago Senate Republicans dusted off a decadesold antiscience battle against the state and mainstream reproductive medication formally known as ru486. The bill they proposed which democrats blocked comes down to a back door ban on safe and legal medication for Reproductive Health care. Major new regulations that restrict womens access to essential time sensitive medications, putting the government right in between women and their doctors. This is wrong, wrong, wrong. Wrong when republicans were waging the same ideological battle 30 years ago and wrong when you now try to take away womens Reproductive Health care choices because more women will die. What sense does it make to bring this antiscience, antiwomen Health Proposal forward in the middle of a raging pandemic . Today the country crossed a horrendous milestone, 200,000 american lives lost to covid19. All that mass death and suffering. Republicans arent working across the aisle to close the shocialg gap on shortage gap on personal protective gear or expand access to care. Theyre busy spending time waging an Endless Campaign against women getting health care. The passing of Justice Ginsburg, the Campaign Reaches a new stage. In my view, its not just a question of what happens to roe v. Wade or access to therapies and drugs. Its about a much bigger and more dangerous proposition. Government control over womens bodies. Donald trump and republicans are working towards that kind of government control, and it means government control over womens futures. Thats whats at stake. Thats what Justice Ginsburg fought so hard for. She has left a, as i call it, astounding legacy of fighting on the side of fairness and equality again and again for so many people who didnt have power and didnt have clout, didnt have lobbies. What an american hero. In my view, she has made it clear for all of us here that now to protect her legacy, we have an immediate fivealarm death conone issue, and that is health care, health care, health care. And as ive been saying since late friday night, if you dont trust republicans with your health care, you cannot trust republicans with this election or this Supreme Court seat. Mr. President , i yield the floor. Mr. Schumer mr. President. The presiding officer the democratic leader. Mr. Schumer thank you, mr. President. Ill be brief. First i want to thank all of my colleagues who have already spoken and who will speak. We have over 15 of our colleagues talking about this issue because it is so vitally important to the American People. Now let me tell you a little tale. About 50 years, 4050 years ago after Barry Goldwater lost for the presidency, some of the hard rock conservatives realized that they had to create something that would help them realize their goals. And it gradually grew and grew and grew, and by 1980 was very strong with the election of ronald reagan. And at that point these conservatives realized that their views would never be enacted by the elected branches of government, the Article One Branch and the article two branch, because their views were so far to the right of not only the average american, but even the average republican. And they realized that the one way that they could move america in their hardright direction was the courts, the nonelected branch. And they endeavored to place, through many different organizations at the top of the list the federalist society, but many others, these people, many of whom they cultivated since they were in law school, on the bench. This vacancy caused by the unfortunate death of r. B. G. Would lock in this hardright agenda for a generation. For a generation. And all the things that people in america believe in could be undone by an unelected group. Supreme court of the United States. Health care, as my colleague from oregon just outlined, would be so far away from what the American People need. The right of a woman to choose, the right of a woman to health care, the a. C. A. Which they want to repeal and which will go before the court has protections for Womens Health care, gone. The right of unions, this court even without such a conservative majority, pushed forward the jannas case. I believe their goal is to eliminate all unions and make america a right to work country. Lgbtq rights passed because of the courageous actions of Justice Kennedy, could be evaporated. Climate, making our climate, dealing with climbing, we could see the clean air and the clean water act eviscerated by this new rightwing court. Voting rights, one of the most awful decisions, the shelby decision, led by Justice Roberts, chief Justice Roberts, where they said oh, there is no more discrimination in america. We dont need the federal government to protect Voting Rights. Undone, and we have seen whats happened throughout the country since then. Civil rights. Just about anything that this country has made progress on and holds dear will be undone by this new court. So this is not just a political debate between democrats and republicans. I tell the American People everything you need and want, just about everything will be taken away inexorably month after month, year after year, decision after decision, by this new court, which, as my colleague from rhode island has ably documented, has been put forward by a hardright group led by some very narrow, greedy people who dont want to pay any taxes, dont want any government regulation. They are rich and powerful. They dont want anyone interfering with any of that. We will rue the day, rue the day that we add another hardright federalist societyapproved jurist to this Supreme Court, and america will take america will have a very, very difficult time recovering. I would urge my republican colleagues who know the hypocrisy of saying to Merrick Garland you shouldnt go forward, but to this new nominee you should. For the sake of this body, but for the sake of the country, for the sake of progress, for the sake of the viability and for the advance of our citizenry to think twice, to think twice. Its going to be a sad day in america and lead to really bad consequences for this country if a solid, hardright majority on this court is able to rule over our lives. I hope, i pray and will do everything i can to see that that doesnt happen. I yield the floor and thank my colleague for his assistance. Mr. Merkley mr. President , the senator i join my colleagues to honor a great legal mind, an incredible american, an icon, inspiration, a wonderful human being, justice Ruth Bader Ginsburg, known to the Younger Generation as the notorious r. B. G. R. B. G. Was born into a world in which few, if any, opportunities existed for women beyond the role of wife or mother, and she helped build a world in which the doors were opened, the doors of opportunity were flunk wide. It was a powerful, powerful undertaking, and she was extraordinarily successful in it. She graduated from high school at 15. She went on to college. She went on to law school. She graduated the class of 500 students, and she tied for first in her class. 1959. I was 3 years old at that point. Then she applied for jobs, and she faced the discrimination of you are a woman, so we cannot hire you at our Corporate Law firm. And then she applied for clerkships with the Supreme Court, and the Supreme Court justices said you are a woman, and our doors are closed to you. Well, perhaps this was a fortuitous moment because she went on therefore to adopt or take on a job as a professor at Columbia University, and from that to lead the womens rights project at the aclu, and as director of the aclu womens rights project, she argued six landmark gender discrimination cases before the court. Plain language, great mind, brilliant logic, and considerable legal tactics went in to winning five of those six cases, an incredible record for anyone who has appeared before the court. One of the tactics that she undertook was to argue cases where men were being discriminated against because they were men, and by winning those cases, established a principle that neither men nor women could be discriminated against. You had the frontiero versus richardson case in 1973 where a female air force lieutenant sued to get the benefits for her husband that a male member of the military would normally get for his wife. And by winning that case, she opened the door to the concept, the principle that gender discrimination is not acceptable under our constitution. She put forward and argued the case of weinberger versus wisenfeld in 1975, just two years later, again arguing for a man who was denied benefits, Social Security benefits as a spouse that were available to women as a spouse, and by winning that case, more deeply established the premise that under our constitution, you cannot discriminate on gender. Well, she went on to the court and had many momentous decisions that she wrote and dissents that she wrote. One of her cases where she wrote the majority opinion was an 81 case to overturn jirnlg military institutes menonly policy, arguing that it violated the 14th amendment equal protection clause. She wrote the following women seeking and fit for a v. M. I. Quality education cannot be offered anything less under the states obligation to afford them genuinely equal protection. She continued, generalizations about the way women are, estimates of what is appropriate for most women no longer just ified denying opportunity to women whose talent and capacity placed them outside the average description. And the law that denies to women simply because they are women full citizenship stature, equal opportunity to aspire, to