Transcripts For CSPAN2 U.S. Senate Democratic Senators On RBG SCOTUS Vacancy 20240712

Bader ginsburg who died friday night. She died on the eve of the jewish new year, the first jewish woman on the Supreme Court and a very interesting thing about individuals who die right before the new year. They say they suggest very righteous people die at the very end of the year because they were needed until the very end. Under jewish tradition those who die on the new year holiday, a title given to the righteous and saintly. Certainly Justice Ruth Bader ginsburg was entitled to this honor, being righteous and saintly. At her confirmation hearing she talked about her immigrant experience was her father was a jewish immigrant, her mother was a secondgeneration american, she talked about American Values and then she said what has happened over me could only happen in america and then she spent her entire career protecting those values that make america a great nation it is in the reason people come here in order to reach their full potential. It 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 countless barriers thrown in her path, what is meant to be a thoughtful jurist and a dedicated public servant, let me briefly go over her incredible accomplishments. First, in her undergraduate class at cornell university, first female member of the harvard journal graduating first in her class at Columbia Law School, first female professor at Columbia University earned 10 year. Justice ginsburg directed the aclu womens rights project and argued six landmark cases before the Supreme Court winning five of those cases. They protected not only the rights of young women but many men who face discrimination as well. At the National Womens law center wrote about Justice Ginsburgs death, her passing is cause for us to pause and honor the unparalleled mark she left on this country. From cofounding the aclu womens rights project to creating the first case striking down a law that discriminated against women, building a case that defined sex discrimination, ginsburg was a visionary who revolutionized the gender Equality Movement and the law, law, before surprised becoming a Supreme Court justice. For our country ginsburg greater than just the law. She was an icon in the living symbol of a northstar so we must unite and do for her what she did for us, fight for what is right. As a litigator she helped shape the law convincing the Supreme Court that equal protection of the law under the fourteenth amendment applies not only to Racial Discrimination gender discrimination as well and Justice Ginsburg new discrimination firsthand, struggled to find a job after graduating law school, notwithstanding sterling qualifications. She had that difficulty solely because of her gender, she experienced gender discrimination firsthand and did something about it not only for herself but for future generations. After serving on the court of appeals for 13 years she began a 27 year career on the United States Supreme Court. There are so many of her decisions that were so consequential, so visionary, expressing the right value in her ability to express her views was unquestioned. She did that in writing majority opinions and shes wellknown for doing that in writing dissenting opinions. So many of her dissenting opinions lead 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 the allmale admissions policy, military institute was unconstitutional. She said in that opinion generalizations about the way women are, what is appropriate for most women no longer justify denying opportunity to women whose talent and capacity place them outside the average description. Any preferential treatment must not create or perpetuate the legal, social and economic inferiority of women. What a difference she made in that decision. I will always remember her dissenting opinion in the Lily Ledbetter case because it led directly to change. Justice ginsburg wrote in that fiery descent, our precedent suggests, lower courts said overwhelmingly held that the unlawful practice is the current payment of salaries affected by gender, base or racebased discrimination, a practice that occurs whenever a paycheck delivers less to a women than a similarly situated man. One of my colleagues talked about precedent, here we see the Court Reversing precedent in order to advance discrimination against women. Her dissent led to congressional action becoming the per first piece of legislation signed by president barack obama. The text of this bill hung on her office wall for good reasons as it embodied her spirit. Of fiery descent again in the Shelby County versus colby case a case decided by a 54 vote of the Supreme Court of the United States which gutted the Voting Rights of 1965. Here is what she said in that opinion. What had to come of the courts usual restraint, Justice Ginsburg wrote in her dissenting opinion the great men who led the march in selma, montgomery, a call for the passage of the Voting Rights act, we saw progress even in alabama, but it bends toward justice. If there is steadfast commitment to see the task through to completion that commitment was to serve the by todays decision, throwing out clearance that works, continue to work to stop discriminatory changes like throwing away your umbrella in a rainstorm because you are not getting wet. I mentioned these cases to wonderscore 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 for all of our constituents. Let me give you a few examples of what is likely to be taken up by the Supreme Court that could affect my constituents and constituents around the nation. Your healthcare is literally on the line. The Affordable Care act that donald trump has tried to appeal and republicans tried to repeal and failed, they are now 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 healthcare, people with preexisting conditions could lose those protections, 133 million americans, during the coronavirus pandemic, that is what is at risk, talking about individuals, pregnancy or cancer, diabetes, high blood pressure, Behavioral Health disorders, high cholesterol, asthma, heart conditions, numerous others, preexisting conditions, that is in the Affordable Care act, that is what the Supreme Court did in november. That is 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 into is bring back lifetime limits on coverage covered by Medicaid Expansion, would lose health services, young people would be kicked off of their parents insurance, insurers could sell skimpy plans that dont even cover essential Health Benefits like prescription drugs, emergency room visits, mental health, Substance Abuse and maternity care. The Affordable Care act increased access to care for millions who were previously uninsured or underinsured. Through Medicaid Expansion 13 million low income americans now have dependable comprehensive help. In maryland alone, 1. 3 million low income individuals depends on medicaid including 512,000 low income children, 107,000 seniors, 152,000 individuals with disabilities. We must protect Medicaid Expansion and other uninsured and underinsured populations for the effort to eliminating their access to Affordable Care, it is at risk. This vacancy is critically important to protecting healthcare and there are so many other issues, womens reproductive rights clearly at risk, robie wade, established precedent, 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, one more justice, supporting womans right of choice could very well be in jeopardy. Our most vulnerable individuals are at risk as well. Let me talk about one specific group of people, some of our immigrants, june 18th, 2020, in a 5numfour decision written by justice roberts, joined by Justice Ginsburg Supreme Court held the department of Homeland Security violated law when it rescinded the deferred action for childhood arrival program. There are approximately 643,000 recipients in the United States, 29,000 workers, essential workers, save lives and eased suffering but for that decision those individuals lives have been disrupted and been ordered to leave our country. These individuals now know home but the United States of america. They are our neighbors and friends and yet 5numfour decision of the Supreme Court Justice Ginsburg will no longer be there. This next justice could determine the fates of the dreamers. Lgbt q community, the Supreme Court by a 5numfour decision held the constitution guaranteed samesex couples the right to marry, that is a 54 decision. I always expected in america we would move forward on protecting individual rights under our constitution, that each congress, each session 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 the trend of protecting rights, denying many in our community their rights. I could cite many many other examples of what is at risk by the Supreme Court appointment. There are many reasons we believe we should follow the proper process in selecting the next Supreme Court justice. Lets talk a little bit about what process we should follow, about fairness, the integrity of the senate, living up to our own words, lets talk about using the same word Democrats Use for republicans, lets talk about fairness of the process. Madam president , i could spend a lifetime on the floor quoting the comments of so many of my colleagues on the floor of the United States senate four years ago on the merritt garland nomination by president obama. And how they spoke about the importance of listening to the voters of our nation, the we didnt have the time and remember merritt garland was in february of an 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 this had nothing to do with the fact that it was a democrat in the white house. So many of our colleagues said if theres a republican elected in 2016 and the senate is controlled by the republicans we would say the same thing, hold off, let the voters have a chance. Let me just quote one of our colleagues, 2016 Senate Republicans refused to consider the nomination of merritt garland, president obamas nominee for the Supreme Court vacancy, they would not meet with merritt garland, hold a hearing or allow votes for 293 days. Justice scalia died in february of 2016, president obama nominated merritt garland, respected dc circuit judge with bipartisan support, in march of 2016. In the case of Justice Ginsburgs vacancy in 2020 there were 40 days away from a general election, early absentee voting had already begun in several states. By contrast in 2016 the formal president ial primary election had just begun when Justice Scalia died. Our colleagues spoke up, four years ago our republican colleagues said not enough time, leave it up to the voters, whether it is democrat or republican, let me quote from one of our colleagues, republican leader mitch mcconnell. This is his quote on the floor of the senate, 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. We declared weeks ago and reiterate personally to president obama the senate will continue to observe the biden rule so the American People have a voice in this momentous decision, they may elect a president who elects merritt garland or may not name someone very different. Either way our view is this. Give the people a voice in filling this vacancy as we continue working on the issues like these the American People are perfectly capable of having a say on this issue so give them a voice. Let the American People senator mitch mcconnell. We have the mcconnell rule established by the republican leader. The American People pick the next president and senate so they can weigh on on this Decision Just as senator mcconnell brought you in 2016 with president obamas nominee, merritt garland with Justice Scalias see. Let the senate honor Justice Ginsburgs legacy by continuing to fight for the rights she fought for her entire career as a litigator, circuit judge and Supreme Court justice. 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 i rise at a time of great grief 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 time as well. Still a heavy heart as we seem the passing of civil rights greats like c. T. Vivian and, of course, our colleague of house of representatives john lewis. In many ways we are walking through the valley of the shadow of death, but as a fellow americans follow, it is apt that we contribute to their character, to the values and virtues which mark their lives, to the truth and ideals that they carry for the lives and how the advanced as so that we may have better lives. Truly, if we are recognizing those values and those virtues, and the passing of Ruth Bader Ginsburg is thens time the 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 law. This spirit that she 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, shehe understood more, or s much as anyone, that the decisions of the Supreme Court literally had a profound impact on the daily lives of americans here that the decisions of the Supreme Courtil 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, te 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 was at the kitchen table. She knew that our laws are tools through which we could either make our nation with live up ts promise for all, or fall further them. Rom it is in this context that i want to join my colleagues this evening in discussing Justice Ginsburg legacy in 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 a relates to the Supreme Court are going to affect some of the most deepest issues that affect their lives, their Economic Security, their bodily autonomy, the right to vote, their civil rights, the environment in which we all live, and the area i most want to focus on is their healthcare, their healthcare. That ideal of healthcare is fundamental to the ideals of our founding documents. You cannot have life and liberty and pursue happiness if you do not have access to health care. The next person appointed to the Supreme Court will make the kind of decisions that will quite literally affect the quality of healthcare and, therefore, will affect life or death issues. We know that over the past six months as this deadly pandemic which is led to this valley of the shadow of death for nation and the globe, that is led to 200,000 people perishing in our nation, this is directly affected to the urgencies of this pandemic as millions of americans lose their jobs, 30 million americans were not getting enough food to eat, communities that were already vulnerable have been devastated by the Public Health and economic crisis. Now more than ever americans are relying on our safety net, especially when it comes to access to health care. The next Supreme Court justice will inevitably oversee whether the Affordable Care act staysr n place or not. Well, thankfully because of the Affordable Care act and in particular expansion of medicaid that is happening in 36 states soat far, more americans are getting insured, and now during this pandemic more important than ever, many americans, millions of americans are staying insured even though theyve lost their job. An article published in m the nw england journal of medicine quote, daca having created several new options for Health Insurance under literature employment or protect men recently Unemployed People and their families from losing coverage. At many recently under the difference of 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 ofed 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 daca would most likely be devastating to patients, clinicians, hospitals and state economies. The very virus that is brought about record unemployment levels is the same agent that makes Health Insurance and the new options created under the aca more important than ever. Thats the new england medical journal. This fall 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 dangers of position that quote, the entire aca must fall. President trump is trying to take away the security of the aca, take away the law that allows Medicaid Expansion, take away the law that protects people with preexisting conditions and allows them to have healthcare, the law that literally medical professionals are saying that is 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 point b on the Supreme Court . Appointee one that reflects his values and his views, a justice that is likely now to tip the balance even further that would most like to overturn daca in mean that millions of families and middle of the pandemic will lose their healthcare. Days before an election when my colleagues, just a few short years ago, said we shouldnt make his decision. This is a conclusion of colic after colic after colleague. Colleague in the case of Merrick Garland where months and months away from an election, 269 days. Now we are mere days. I decision that will affect the lives of millions, a decision that goes to the core of our healthcare or health, our wellbeing our ability to afford right in this nation, access to quality healthcare. If they go forward with this justice, what will it mean . Will mean the federal centers that serve communities who need would be gutted because thats what the Affordable Care act had done for america if it would mean that people with preexisting conditions from asthma to cancer the 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 mores 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, sing it fall as our president desiresde would mean Insurance Companies would go back to spending more of americans premium dollars on Administrative Functions than actual care. The Supreme Court justice will determine if the aca, the Affordable Carect act, stands or as donald trump wants, it would fall and would mean women would go back paying more for their Health Coverage simply because of their sex. The Affordable Care act falling would mean 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, lessco care, less access, less justice. Donald trump tried to influence the court putting a person on the reflects his views and his values. Donald whe trump wants the aca o 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 s communities from a to shining sea. A new jersey, my state, a repeal ofom 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 the 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 aca were repealed during this pandemic. Ag the fact isat is not an exagger. This is life or death. Study after study has borne this out. The center for budget and policy priorities report that the expansion of medicaid alone under the Affordable Care affot saved over 19,000 lives just between 20142017. And it states that didnt expand medicaid saw over 15,000 people die prematurely. And that is just among adults age 5564. God, the Affordable Care act, the lives saved, those who did not have Medicaid Expansion, the lives lost, our fellow americans. 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 were hardest hit by covid19 were lying on medicaid relying. 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. Four people are hurting. More of our t fellow americans e find 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 republican leader represents had the highest rise in Medicaid Enrollment with a 17. 2 increase from february to august. And this is out our social safety net should work. It should be there in a crisis when there is more disease, when death, when theres more suffering. We as a nation should show more compassion, more empathy and more care, not less. We saw in 20 came when people were asked why they were voting, why did we see a surge in turnout . It was because people were concern about their health care, and that before the pandemic. This election will be about many things, but most people will know, this is an election about the security of healthcare. One president who says again as i quote, let it fall, and another who wants to preserve it and put people on t 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 comes using the logic of my republican colleague after republican colic, my republican friends after my republican fred who i heard what they said when theyma denied barack obama a Supreme Court pick. I heard their word. They were clear. As my friend the head of the judiciary a Committee Even wents far to say, use my words against me, as it is the final year of President Trumps term, and we should wait until after the election before we putd 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 fear, freedom from disease. I, i dont know what to say because i see whats happening right now. People speak passionately about the standard, defend themselves, cite historical precedent. Then when things shift and they have a chance to show consistency and to show restraint, to show allegiance to comedy, to show allegiance to the ideals that bind us together. Instead, they turned their back on their very words. Instead they portray the principal and rule of the 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 paired parent with a child wa rare cancer, and adult struggling to afford their prescription drugs, someone who is out of a job, someone with a preexisting condition. Because this is not about politics. Its about them. Its about theirll lives and thr wellbeing. Millions of americans benefited from the Affordable Care act, and by pushing, by rushing this through to get another trump justice, a president who wants that action by congress can want the Affordable Care act to fail, what will that mean . Where would 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 whos 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 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. When 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, the very idea that could possibly give us more hope than healthcare, that life and liberty and theha pursuit of happiness can win the day. Thank you, madam president. I yield the floor. Or i want to take my colleague from new jersey, senator booker, for an outstanding statement from the heart. 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 and inspiration, one of the real pillars of the Civil Rights Movement of the 1960s who lived on to this day and carried the torch for so many years when it came to civil rights and equal rights. We will miss him. And now another loss of another giant. Though she was small in stature, Ruth Bader Ginsburg was an amazing life story, and extraordinarily bright young woman who just ask 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 reflected on in thek history of this nation it was the biggest break we ever had when he came to the cost of women in modern times. Because she went on to be, a law clerk, a professor, i judge, ultimately a Supreme Court justice and in the course of that career with 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 i walked across the w street to the Supreme Court you would find a large group of people as you have since last friday pausing, reflecting, thinking, praying for Ruth Bader Ginsburgs life. They are across her tonight lighting candles, dropping flowers, notes, crying, commiserating. Willie noting the lossin that america feels. I was struck personally by my own family reaction. My daughter, daughterinlaw, and so many others who have confided in me in ways they rarely do about how much this woman meant to them. It was time for a 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 hoped in her heart as to who that person might be, but she knew after e way the vacancy of Antonin Scalia was treated by the republicans in the senate, that was the way they were going to handle her situation, at least we thought they would. And then of course senator mcconnell announced the 180degree reversal in principle, when hundred 80degree reversal. Instead of waiting until the election and the new inauguration of a president to fill a vacancy, he made it clear, republicans in the senate are hellbent to fill the 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 t knows . That they are determined to do because they have an agenda, and agenda which is more important than consistency, more important than on her, more important than principle. There agenda to turn back the achievements and progress made by Ruth Bader Ginsburgs and to leave the American People more vulnerable in their time of need. If you pursue i took a poll in illinois to see what public sentiment might be on issues a few weeks ago. I was surprised that a the issue of healthcare still is in my state of illinois. As a reflected on it, it made sense. 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 healthcare 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, manyhe of us to coe to be in creating the Affordable Care act ten years ago. I might say in the house and Senate Career its mostwh important issue i have voted on. Went again will i be able to help 20 million americans find Health Insurance for the first time . When will there be another opportunity make sure that Health Insurance soldd in ameria treats people fairly. The Affordable Care act eliminated lifetime limits on payouts which is sensible would you consider the skyrocketing costs of medical care and how so many situations in life are so darned expensive. It said to the people you canne discriminated against because you have a preexisting condition. U i remember the day, most of us do, when applying for Health Insurance was a long list of questions, and if you happen to just check one of those yes, be prepared because it met you had a preexisting condition and you are 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 look at some of the preexisting conditions, healtha Insurance Companies or boldly announcing of course gender is a preexisting condition, when you do have to pay higher premiums, you know. Of that. Gender is a preexisting condition . That was one of the tricks to deny coverage or to raise premium costs. Then we 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 think jennifer, do you have Health Insurance more . No, dad, im just fine. Well, we got her Health Insurance and cost a pretty penny. Under the Affordable Care act i couldve kept my daughter under my family plan until she reached the age 26 when she wouldve had a better chance to have job with benefits. Thats one of theaf 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. Theyus all passed the house but there were not taken up by the democratic senator they waited for the day and the day finally came and senator mcconnell had his majority and he was setting out to limit the Affordable Care act here on the floor of the senate. Ill never forget that night, that early morning, 2 30 a. M. Those doors opened, john mccain,y very sick, we knew he did not long for this world, i just left the phone conversation with President Trump he walked to that well andy barely lifted that right on that been crippled to reduce prison for experiencing the time. He lifted just enough to say no. And john mccains no saved the Affordable Care act from millions of americans. At the republicans learned their lesson . No. They determined, but decided if they couldnt win it on the floor of the house and they couldnt win on the floor of the senate, they would win it across the street in the Supreme Court and thats what this is all about. That is why senator mcconnell has reversed his position, position which he claimed to be principled, reversed his position on filling a vacancy on the supreme Supreme Court in tt year of the president. It said he is going to with determination fill this seat. While the chairman of the senate Judiciary Committee lindsey graham, was a friend of mine and i work with them, had to explain to the American People why he reverses 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 wouldve thought he wouldve waited until that nominee had been announced clearly it doesnt make any difference. They know whoever that nominee will be o 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 buy selfinsurance, and this just about all of us picked 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 of 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 naked. And on the desks and say well, thats where people used to stand called senators who actually display do. We dont doha that anymore here. Very seldom. Instead we take up these partisan causes like filling thj federal judiciary with ideologues who are filing the traditions of the sent 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 with this effort by republicans to fill the Supreme Court vacancy before a new president is elected is a violation of all format, history, tradition, rules, and Mutual Respect that is important in this body. I hope we can recover from it. Not only for the good of the senate but for the good for the Supreme Court and we can come out of this with the determination to try to put this chamber back on track. This this is a sad and dark mom, 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 and history of the United States senate. I yield the floor. Madam president . The senator fromde hawaii. Madam president , this past friday our nation lost a giant a jurist and a champion of gender inequality, workers rights, Voting Rights and civil rights. Justice Ruth Bader Ginsburg understood the critical importance of the Supreme Court as safeguarding our constitutional individual rights. About two years agoi 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 abruzzi many more life for decisions come in the future conversations that will roll back civil r rigs and 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 whos been on the court for more than a quarter of a century, Justice Ginsburg understood the dangers of partisan split 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 fewe years of joining the Supreme Court, Justice Ginsburg wrote a landmark opinion that struck down Virginia Military Institute Traditional male only admission policy. She spoke for nearly the entire court when she what 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. More recently, Justice Ginsburg powerful voice led the said akins partisan 54 decisions. In 2007, she led the decision ledbetter v. Goodyear tire and rubber company. With the madam president , mature of the court determine or undermined the plain language 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 p victims of 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 attribute the relevant statute and in wht had not been intended. Justice ginsburg and by the congress to fix the statute to make its intent clearer. And represented miller led the way to pass the Lilly Ledbetter fair pay act, and he was the first bill that president obama signed into law in 2009. In 2013 come Justice Ginsburg wrote a scathing dissent in madam president , decision in Shelby County v. Holder where a bare majority, once again, of the court guided the Voting Rights act and she wrote then, quote, throwing out preclearance when it had worked and is continue 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, i shouldve beente expected, may 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 before s suppression efforts are ongoing even as we speak and 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 the workers to arbitrate their claims one by one instead of seeking collective action in court. And why one by one . Because the employer thought all these employees come they will not fight as one by one by one. So calling the majority decision egregiously wrong, Justice Ginsburg noted that quote the inevitable result of todays decision will be the under enforcement of federal and state statutes designed to advance the wellbeing of vulnerable workers. T, and, in fact, epic systems is one of the cases that i brought up with Justice Ginsburg when ii sat next to her at dinner at the that was a horrible decision and she said, and i wrote the dissent. To honor Justice Ginsburg legacy we should honor her final wish, not tod be replaced until a new president is installed. In fact, thats the rule that Senate Republicans made up in 2016. About one hour after justiceus scalia died on figure 13, 2016, senator mcconnell announced and unprecedented new rule, the American People should have a voice in the selection of the 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 blog 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 the majority leader had his republican colleagues all lined up side with him before he even announced the socalled mcconnell rule. That was a van. This is now that was then. This is now. Now that the tables are turned and we have a republican president instead of a democratic, senator mcconnell and his republican colleagues are going back on their word here within hours of Justice Ginsburgs death senator said quote President Trumps nominee will receive a vote on the floor of the United States senate, end quote. This is whats known as 180degree turn, or talking out of both sides of your mouth. But, of course, hes not the only one. In 2016 senator gardner said i think the next president to choose a 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. After Justice Ginsburg passing, senator gardner flipflopf indicating if President Trump nominate someone he likes, he will vote to confirm. In 2016 senator tillis came to the Senate Chamber to declare what, it is essential to the visitation of the senate and to the very health of our republic not to launch our nation into 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 less than 24 hours after Justice Ginsburgs death to go back on his word andsu commit to supporting the quote conservative jurist President Trump will nominate. In 2016 quote the election cycle is well underway and the president of the senate is not to confirm a nominee at the stage of the process, end quote. He even double 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,ay you can say, lindy graham said lets let the next president , whoever it might be, make that nomination. End quote. Senator graham said plainly to the atlantic quote if an opening comes, of course he talked Supreme Court opening, if an opening comes in the last year of President Trumps term and the primary process is start, we will wait for the next election, end quote. When my democratic colleagues on the Judiciary Committee did what senator graham asked, that we hold him toim his word, we wrota letter to him to stick by his word, he refused. He indicated he would quote proceed expeditiously to proceed,in to process any nomination by President Trump. Justice ginsburgs vacancy. There are otherna republican senators who stood with senator mcconnell in 2016 and now to a change their tune including senator perdue, first, ross and cornet. And the question the American People should ask is how can you trust people who dont keep their word . This is an urgent question for the millions of americans who will lose their health care and reproductive freedoms it President Trump and majority leader mcconnell are successful in seating yet another Supreme Court seat. The threat of this t nominee, te threat the stomach poses to the Affordable Care act and assess some esoteric debate where having. It is not scare reticle. The Supreme Court will hear yet another partisan challenge to the aca. I have no doubt that donald trump and the majority leader want a new justice in place to strike down the aca, depriving millions of americans of their Health Insurance, including millions with preexisting conditions. Er the more than 6. Americans have tested positive for covid19 will likely be deemed to have preexisting condition. The americans will be devastated if the aca struck down by the trump nominee. Our healthcare is on the line with the next nominee, regardless of who the nominee is. Note the republicans are saying 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. It would be someoneow who is expected to strike down the aca. After all, repealing the aca has long been number one on the president s and republicans hit list. By getting rid of the aca its not the onlyer thing the presidt is after. The president s nominee 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 muchit at stake with ths nomination, and millions of americans who revered 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, they are showing up in droves in front of the Supreme Court to show their support for all that Justice Ginsburg stood for. They are going to fight back, and you can be assured i will be right there fighting back with them. They are not 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. Madam president . The senator from newne hampshire. First of all, madam president , i would like to thant my colleague from hawaii for her remarks just now, and from her commitment to a a more equal ad 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. Our 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 treatedes with dignity, regardls of gender or personal circumstances. And the progress and inclusion that she helped build around 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 ouron country toward a more perfect union, and we have to continue her unfinished work. Madam president , like many of my colleagues, i stop 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 bicycles, in cars to pay their respects. I overheard one mom explained to her children that, quote, a lot of people loved her, close quote. And then a 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 the route her entire career. Throughout unfortunately though, in a week in which america has reached at 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 a comprehensive covid19 relief bill that the American People so badly need, my colleagues across the aisle our focus on using all of the senates time before the election to rush to 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 underway 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, itai so knowing it will have a fair chance in the next round. When that understanding is disrupted, it destabilizes our democracy p leading people feelg disenfranchised. Its a 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. Itly is worth taking a closer lk at exactly why they are violating the rules that they a set for themselves and apply to president obamas nominee just four years ago, and what the impact of their backward priorities will be for the American People. Right now the Trump Administration lawsuit to repeal the entire tract and its protection. With existing conditions is pending before the Supreme Court. And as youve heard from my colleagues, scheduled to be argued after the election. Make no mistake. Rushing through this nomination is a lastditch effort to appeal 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 aca will also mean those who survive covid19, and as a result will have preexisting conditions for the rest of their lives, will no longer be protected by daca when they seek insurance coverage. And taking away healthcare for 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, they are 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 i a nominee until after the next president is inaugurated. Ruth Bader Ginsburg believe in an america where equality would win out, what everyone played by the same rules, in liberty and justice. In fact, in liberty insured by justice. It would be a good thing if all of my colleagues who have the privilege of serving in this chamber would reflect o 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. Senator from minnesota. Madam president , i think my call it from New Hampshire for her beautiful words. I rise todayue to join my colleagues in celebrating the life and legacy of a hero, an icon, and a woman who was 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 expectation when it comes to this precious democracy that we are supposed to hold and that we are supposed to take a care of. You know, a few years back my daughter abigail and i get to see Justice Ginsburg, and w ive met her a few times, but we were at an event and we had our photo taken with her. Now, abigail was in her early 20s andrg Justice Ginsburg had become a cult figure at that point back in her 80s, something we all aspire to come to the point where she had her own hashtag. We had our photo taken, the three of us, and afterward my daughter came up andd she said, mom, i got a photo with notorious rbg and agreed to put my facebook page. I hope you dont mind, im gog to cut you out. I just want w one with rbg 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 toldrg 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 with 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 email law professors at Rutgers University where she then writes the brief the lead the Supreme Court to decide for the first time that the 14th amendment is a constitution, should protect against laws that treat people differently, solely on the basis of sex. When they told her, despite her expertise and her novel theories of how to advance equal protection, when they told her that she shouldnt should argul protection cases before the Supreme Court, that may be the chances 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 the 96 to three purchasers on the Supreme Court, i scored 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 i never giving up. And to be that has inspired me as we deal with what is in front of us right now with this democracy. Our when the odds dont look that good, you never give up. One of her important majority opinions on the court builds on a work of equal protection as the young attorney. In United States v. Virginia, Justice Ginsburg wrote for a seventhone majority that struck down the mail only admission policy at the Virginia Military institute. So she not only wrote the opinion, she got a number of republican appointed justices to join her. 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, persistent in and contribute to society. That opinion was joined by justices as a noted including chief justice rehnquist, sandra day oconnor, justice kennedy. There was an example t of the principal that guided Justice Ginsburg in her words, the fight for the things that you care about, that do it in in a way t will leave others to join you. 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 histories of motivated oppression, to seek approval before changing voting laws, a process known as preclearance. And the justice authored that along with justices kagan. Throwing out preclearance to stop discriminatory changes is like throwing away your umbrella in a rain storm because you are not getting wet. After she finished reading her dissent in court she quoted Martin Luther king, jr. , its long and bent toward justice adding her caveat bends towards justice quote, only if theres 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 that we should do is do no harm and the most that 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, is still unfinished. Many of the values she fought for, equality, justice, are still at stake. The Supreme Court will continue to make decisions about equal rights for women, lbgtq equality, access to clean air and water and Fair Elections and workers rights. And just one week after the upcoming election, the court will hear 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 would be no requirement in place to protect them from being be thrown off their insurance. When the stakes are this high, i urge my colleagues to grant what Justice Ginsburg fervent wish that she will not be replaced until a new president is installed. Thats her dying words. Of course she use add word like fervent because thats how she approached her life and her work. At its core, Justice Ginsburg 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 american 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, as 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 American People 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 tawny died who sadly infamously known for writing the dredscott, and he died closest to the election as Justice Ginsburg. What did Abraham Lincoln do . He waited until after the election, until after he saw 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 interest, 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 their commitment to justice as Justice Ginsburg designated lawyers fight for justice. If you breathed that fight as Justice Ginsburg did her entire career. Thats our job, too, to fight for justice, but we have an even more extraordinary burden and that is also to uphold this democracy and to keep this country together. Justice ginsburg did it in her own way, 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 job 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 steps 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 a quality fairness and justice for every person in our country. Thank you, i yield the floor. Madam president. Senator from oregon. 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. Rbg did. And she earned her recognition and place in history through an astounding can rear, fighting for gender equality, for the rights of lbgtq 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 are a lot of issues that were on peoples minds. Just like today where there was a list of issues miles long from the rights of lbgtq plus americans, to workers rights to the eligibility of every 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 away, far and away, madam president , colleague, the most important issue because if you and your loved ones dont have your health, then pretty much Everything Else goes by the board. We cant spend time with family. You cant achieve all you want in your jobs. 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 mistakes about it. And i know its awfully hard to follow all the legalese and the procedural motions. One point my wife side, i think senator merkley had heard this. My wife said she would marry me, youre a lawyer, and not a particularly good one, but sure glad you did a good job for the senior citizens, but its hard to follow the legalese and all the procedure, but when you set aside all of that surrounding the fact that 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 iron clad 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 agenda guaranteed benefits for essential coverage, gone no cost contraception for women, gone cheaper preparation 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, it 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 protection for those who had faced discrimination for the 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, 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 merkley, we all remember that night. John mccains hugely consequential role. Donald trump couldnt get the congress to repeal the Affordable Care act and now hes trying to do it at the Supreme Court. Donald trumps department of justice is bringing to the court, along with dozens of republican state attorneys general, what i think just a lot of legal nonsense. But that might not matter to far right activist judges who would seize this opportunity to hand a big, big win to the Insurance Companies, the 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 rbg, 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 antiaca lawsuit before the courts. The president was asked whether he might have a last minute 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 its 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 a new and comprehensive health care plan. We stopped counting after nine or 10 times, but its all a fraud because all that the administration has done since day one is make health care worse and more expensive for americans. Ive 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 high quality benefits for the older people of this country. Seniors may have to figure out some other way to pay for health care, 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 regulation, bringing back junk insurance, cutting access to Womens Health care. If donald trump fills the ginsburg seat, has the Supreme Court totally on his 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 subtle law. Theyve been fighting to go against the majority opinion of the American People and overturn row vers r r ro roevwade. And they dusted off the Reproductive Health care ru486, the bill they proposed which democrat helps block, ba ba bans back door medication for health care. And restricting womens access, and putting the government 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 knew try to take away womens Reproductive Health care choices because more women will die. What sense does it make to bring this antiscience, antiWomens 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 of that of mass death and suffering, republicans are working across the aisle to close the shortage gap on personal protective gear, and access to care. Theyre busy spending time waging an Endless Campaign against women getting health care. With the passing of Justice Ginsburg, the Campaign Reaches a new stage. In my view its not just a question of what happens to roe versus wade, its a bigger and more dangerous proposition, control over womens body, donald trump and the Republican Party are working towards that kind of department of the control and it means government control over womens futures. Thats what is 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 dont 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 defcon one issue. And thats 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. President. Democratic leader. 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 40, 50 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 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 hard right 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 rbg, would lock in this hard right agenda for a generation. For a generation, and all the things that people in america believe in could be undone by an un by an unelected group, the 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 aca, 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 janis case. I believe their goal is to eliminate all unions and make america a right to work country, as they have endeavored to make many states right to work. Lbgtq rights, passed because of the courageous actions of justice kennedy, could be evaporated. Climate, making our climate, dealing with Climate Change, we could see the clean air and the clean water act eviscerated by this new right wing court. Voting rights, one of the most awful decisions, the shelby decision, led by justice roberts, chief justice roberts, was a oh, theres no more discrimination in america, we dont need Voting Rights, undone and weve seen whats happened throughout the country. 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 heart right group led by some very narrow, greedy people, who dont want to pay any taxes, dont want any government regulation, theyre rich and powerful, they dont want anyone interfering with any of that. We will rue the day, rue the day that we add another hard right Federalist Society approved jurist to this Supreme Court and america will take and america will have a very, very difficult time recovering. I would urge my republican colleagu 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 forward 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, hard right 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 moment. Mr. President. Senator from oregon. Join my colleagues here on the floor tonight to honor a remarkable legal mind, an incredible american and icon. An inspiration, a wonderful human being, Justice Ruth Bader ginsburg, known to the Younger Generation as the notorious rbg. Rbg 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 open, the doors of opportunity were flung 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 three 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 therefor to adopt or take on a job as professor at Columbia University, and from that to lead the womens rights project at a. C. L. U. As director of the a. C. L. U. Rights, she landed six discrimination cases before the court. Plain language, great heart, brilliant logic and considerable legal tactics went into winning five of those six cases, an incredible record for anyone whos 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 the principle that neither men more women could be discriminated against. You had to frontero versus richardson, 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 cons concept, the principle that depender discrimination is not under our constitution. She put woodward weinberger versus wisenfeld, 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 courts 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 overturn Virginia Military men only policy arguing it violated the 14th amendment equal protection clause. She wrote the following women seeking and fit for a vmi 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 justified or deny opportunity for women whose talent and capacity place them outside of the average description and the law that denies to women, simply because theyre women, full citizenship stature, equal opportunity to aspire, achieve and contribute to society, violate the equal protection clause. 81 massive victory. I thought it was very interesting, her point she often made in the dissent. The Supreme Court argued in the 2007 case ledbetter versus Goodyear Tire and rubber company, the majority said you know what, if youre been discriminated against in pay in your job, and you learn about it years later, you can no longer appeal for redress because you had to have come to the court at the moment the discrimination first occurred. Of course, that was a catch 22, an impossible situation. If you didnt know about it you couldnt possibly come to the court. And she addressed this and she said, comprehend, she said the majority does not comprehend or is indifferent to the insidious way in which women can be victims of pay discrimination. So she called on congress to act, to address really this mistaken opinion the court and we did the first year i came to the senate and another dissent that i think was powerful, Shelby County versus holder. So, the majority struck down Voting Rights act protections against Voter Suppression intimidation, arguing that those things no longer exist, its as if you had a penalty for robbery and it was so effective that everyone quit robbing so you get rid of the law, the Supreme Court strikes down the law that robbery is an offense. It made no logical sense. However, she described it that way, in a way we could all understand in her dissent. She called the ruling is like throwing away your umbrella in a rain storm because you are not getting wet. The foundation she laid on gender discrimination created the foundation for similar arguments for to end lbgtq discrimination, it came to play in roamer versus evans where the court overturned laws around the country, gay sex or marriage equality. The case of bostic, to ban discrimination against lbgtq workers, so it continued in ways. You know, we losing her is a very powerful and difficult moment because of her championship of opportunity in this country. So on sunday night, i went down to the Supreme Court and i had thought about it on friday night when she first word passed of her dying and it thought of her on saturday night, but i thought its going to be a scene of confrontation of bull horns, yelling at each other other and that doesnt fit how i want to honor her and i thought sunday night i needed to be at the Supreme Court and i was so relieved to find that there was not a scene of confrontation, there was a scene of hundreds of people coming to honor her championship of opportunity in our country, the role that she played for so often as an advocate and a justice. This is a piece of what it looked like although you have to kind of multiply the flowers and the and offing you see over a huge expanse. There was just this small portion of it. And i was very struck by watching people neil down to write with chalk, women, men, boys and girls, to say what she meant to them, what she meant to this country, what she meant to striking, open the doors of opportunity. And then i started reading some things that were being written. This was one of them. And this says we can because she did. She did. Thank you, rbg. And in another written sign, i ask no favors for my sex, all i ask of our brethren that they will take their feet from off our neck. Give us opportunity. Now, this is actually Ruth Bader Ginsburg quoting sara grinkey of South Carolina important in 1792. Sara became the countrys first female abolitionist, and early pioneer of the Womens Movement and when Ruth Bader Ginsburg quoted her in the notorious rbg documentary, it made this quote famous for a generation. And i was struck by this sign which i thought summed up basically her entire efforts on womens rights. Its a quote of hers that says women belong in all places, decisions are being made. And you can see, again, the massive number of flowers and signs that people have left in front of the Supreme Court. And then i saw this, which summed up a young womans commentary on that principle. I grew up never knowing there was a Glass Ceiling because of you. Thank you, rbg. So we mourn her loss, she was a champion for opportunity for all. She was a champion for so much that goes to making this world a better place for ordinary people, ordinary people, which brings us to the challenge we have before the court. Because realize that the Supreme Court has become a very powerful, ninemember, appointed for life, super legislature. Its not calling balls and strikes any longer. No, its a setting for a pitched battle between the original vision of our country, we the people government, or as lincoln said, government of, by and for the people. And a different vision for our country, a Federalist Society for had your country, a vision of we the powerful minority want to control the government for our own benefit. Thats the battle thats being waged on the court. Is it government, by and for the people or government by and for the powerful. You know, this has been a battle that has been waged since our 1787 constitution. In 1781 we had our first constitution. The articles of confederation and the minority view of the white, wealthy power of the south was protected by the requirement for a super majority and that first constitution, and they said this isnt government by and for the people. No, the majority will is the power of government by and for the people. So, that was embodied in the constitution we have now. That vision of we the people. And that minority from the south, wanting to protect sla slavery said we need strategies to prevent the majority from eliminating slavery, and we have to make sure that there are no civil rights granted to individuals of color in our nation, that might undermine our complete control of the government at the state level. And that minority said, we are very wealthy and we dont want any laws that undermine our wealth so we need a strategy to control and prevent the people from getting fair wages and fair working conditions, because that means we make less money ourselves. So they pursued a strategy called nullification, a strategy that said no federal law will have any impact on our state unless we endorse it at the state level and eventually that fell before the court. So then they pursued the development of the super majority blackcade blockade made in this chamber on racism. The super majority was forged in racism, no was blocked except for civil rights. And then this battle expanded. It expanded to the issues of Corporate Power versus consumer rights. Corporate power versus working conditions. And this is where we come to the current battle between the federal society, weighing in on behalf of government by and for the powerful, versus those who believe in the vision of our constitution of government by and for the people, so we have lost Ruth Bader Ginsburg who honored our constitutional vision and we have a president and a majority in this chamber that are intent in packing the court on behalf of the wealthy and powerful. And there is at this moment just a tremendous damage being to the integrity of this body because the same party in the majority four years ago said we have a principle, the mcconnell rule, that if a seat becomes vacant during Election Year, we must listen to the people and let them decide whether the current president or a different president decides. Will it be the republican nominee or the democratic nominee. And they took that vote and they went with it, and spoke out in favor of the principle and many said this is the absolute right thing to do even though it was the first time in u. S. History that this body did not debate a nomination or vote on nomination, breaking the protocol of our entire history in order to steal a Supreme Court seat from president obama and pass it on to the next president. Here we are four years later much deeper in the Election Year and the election already started with many absentee ballots having been delivered, having been voted, having been returned. And any integrity from the mcconnell rule four years ago, what we did four years ago was principled, we said we believed in it, it helped out the republicans enormously, but you know what . Were principled individuals and so were going to stick with the same frame that we argued before the public four years earlier so i asked my colleagues, are there not a whole number of you that will come together, together and say yes, we have integrity with the decision we made four years ago . The mcconnell rule, we argued four years ago. The rule that gave a Supreme Court seat to President Trump and took it away from president obama for the first time stealing a Supreme Court seat in our history. But we are going to honor at that same principle today. I ask my colleague, search your hearts, ask, do you want to be remembered in this role of so fiercely advocating a principle that benefitted you then and so fiercely violating it now to your own benefit once again, doing so much damage, to the integrity of this chamber and so much damage to the vision and principle of government, of, by and for this people. Lets that not be the case. Let every member come here to the floor and together actually hold a debate. He have weve seen no members on floor today, republican colleagues, having many of them stated that they are quite ready to violate the principle they argued so strongly four years ago, we dont know where they are, theyre gone, theyre not here. So let the American People call attention because the American People love our constitution. The American People love we the people. The American People love the principle of government of, by and for the people and do not want to see it trampled in an effort to sustain a massive amount of Corporate Power against the consumer. Wealthy power against the worker. And racist power against civil rights. Thank you, mr. President. [inaudible conversations] the senator from colorado. Thank you, mr. President. In the summer of 1920 america ratified the 19th amendment. This breakthrough in our history born of decades of setback and struggle by many unremembered women who never lived to actually cast a vote. For what to us now is a selfevident proposition that women in this country should have the right to vote, moved this country one step closer to equality. Thats why i think its so fitting that a century later, we pay our respects to the late Justice Ruth Bader ginsburg, who more than anyone advanced the cause of equality between men and women over her remarkable career. Justice ginsburg commitment to equality was not the result of lofty idealism, but the hard experience of her life. 13 years after ratification of the 19th amendment, joan Ruth Bader Ginsburg was born to a working class family and her father sold furs at a time no one would buy them and tragically her mother died from cancer before ruth graduated from school, but these challenges like others she would face did not defeat her. They didnt prevent her from graduating first in her class at cornell. They didnt exclude her from Harvard Law School where she was one of only nine women in a class of 550 and had to justify to the dean why she had taken the place of a man. She finished her law degree at columbia where she once again was first in her class and not a Single Law Firm would hire her. She applied to clerk for Justice Felix frankfurt, who said she was a candidate, but he hasnt ready to hire a woman. And she understood with firsthand experiences of discrimination not a barrier to her obvious talent and potential, but as a vicious threat to our countrys full potential. She knew that any country that would deny a single persons chance to make a contribution on account of their race or their gender or their religion or whom they loved would never fully flourish. Tearing down these barriers became the cause of her career. She rose to become a full professor at Rutgers Law School and founded americas first law journal on gender issues. Later she returned to Columbia Law School where she became the first woman to hold a full professorship. She worked pro bono for the a. C. L. U. , cofounding their womens rights project. She quickly became one of the most accomplished litigators in the country, writing a brief the Supreme Court cited in reed against reed, to rule for the first time that discrimination on the basis of sex violated the 14th amendment. Ruth Bader Ginsburgs arguments led the court to overcome centuries of narrow views about the proper role of women in american life. As a result, the Courts Holding redefined american law. Ruths accomplishments led to an appointment to the prestigious United States court of appeals in the d. C. Circuit and in 1993 president clinton named her to the Supreme Court. Her nomination sailed through this body with 98 votes. A reminder of a time not so very long ago when the senate actually understood its constitutional responsibility to advise and consent and what that actually meant. For more than a quarter century on the court, Justice Ginsburg authored rules that promoted fairness, advanced equality and secured hardwon rights. They upheld affirmative action and protected a womans right to choose. Her dissent in one gender discrimination case was so powerful, mr. President , it inspired the Lilly Ledbetter fair pay act, the very first legislation president obama signed. At the same time, she could never accept decisions that nullified the right to vote or otherwise limited our democratic values, even when it was hard for some of her colleagues to perceive the systemic racism in our country. When they were gutting critical protections to the Voting Rights act, she had the common sense to tell them, you are, quote, throwing away your umbrella in a rain storm because youre not getting wet. As always, she cut through Legal Convention and so, with clear eyes, the enduring threat discrimination poses to our elections. She knew voters still deserved the protection of the law and all of these years later, after state after state, after state. Have passed laws, dispossessing people of the important rights, with respect to the right to vote, shes been proven right. As we respect on her legacy in a real sense, i would say Justice Ginsburg herself should be thought of as a founder of our country. Not because she had an important title or wore a black robe, although she wore it as well as anyone in the countless images of her reproduced on tshirt and tote bags and onesies the notorious rbg. But because she knew where we had fallen short and dedicated her life to calling America Closer to our best traditions of equality, liberty, and opportunity for all. Because the young Joan Ruth Bader knew america would be worse off without her. Justice ginsburg made america more democratic, more fair and more free. Mr. President , id ask that my next remarks appear separate in the record from the last. Without objection. Thank you. Mr. President , before i turn over to my the hardworking colleague from michigan who is here later than he should be only because thats the kind of person that he is, working so tremendously hard on the behalf of the people of michigan and the people of this country, let me just say one word about where we find ourselves in the senate. Im just going to take two minutes to do this. But i believe that american we are going to leave these remarks from last night on Ruth Bader Ginsburg lying in repose as the u. S. Senate is about to gavel in working on judicial nominees votes scheduled for this morning and later this afternoon. Live Senate Coverage here on cspan2. The president pro tempore the senate will come to order. The chaplain, dr. Black, will open the senate in prayer. The chaplain let us pray. Gracious god, empower our lawmakers to grow in grace. Make them gentle, yet brave,