Mitch McConnell

Mr. McCONNELL

Mr. McCONNELL. Mr. President, today I wish to honor the life of Sue Minton, of London, KY, who passed away on September 27, 2017, at the age of 67. Her passing is a deep loss to the community and to the local newspaper, The Sentinel-Echo, where she worked for 41 years. For those who knew her as a colleague and a friend, Sue will be remembered for her dedication and her friendship. She was also a beloved member of the Laurel County community, where she lived with her husband, Dennis, and their daughter Denise. Sue was always willing to help others, and she especially enjoyed spending time with her grandchildren. Sue will be deeply missed by friends, family, and the community. Elaine and I send our condolences to them in their time of grief The Sentinel-Echo recently published an article on Sue's life and career. I ask unanimous consent that a copy of the article be printed in the Record.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, for the past 8 years, we had a President who selected nominees for our Nation's judiciary based upon what became known as the ``empathy standard,'' an ideological litmus test designed to find judicial nominees who would favor certain groups or individuals over others. It is a great standard if you are the party in a case for whom the judge has empathy. It is not so great if you are the other person. Not only does this standard deny every litigant a fair shake, but it also disregards our Nation's bedrock legal tradition of dispensing equal justice under the law. President Trump, on the other hand, selected nominees who would help ensure that the judiciary is true to its role in our democracy. Later today, the Senate will vote to confirm one of those nominees, Trevor McFadden, as a district court judge for the District of Columbia. His nomination was approved by the Judiciary Committee without a single vote in opposition. Democrats needlessly delayed his vote on the floor anyway. We have seen many delay tactics from them already this year. We have pushed through every time. We are going to push through again today. We are going to confirm the impressive judicial nominee before us, and we are going to confirm more judicial nominees in the coming days as well. Our effort to confirm qualified judicial nominees this year would not be possible without the tireless work and effective leadership of our Judiciary Committee chairman, Chuck Grassley. To build on the excellent work of his committee, I filed cloture last week on four well-qualified circuit court nominees. These nominees understand that their role as a judge is to put aside their personal preferences and instead decide cases based on what the law says. We will confirm all of them this week, no matter how long that takes. The first of these four circuit court nominees that we will confirm this week is Professor Amy Barrett, who was nominated by the President to serve on the U.S. Court of Appeals for the Seventh Circuit. A mother of seven, Professor Barrett began her legal career by clerking for Judge Laurence Silberman of the DC Circuit and then for Justice Antonin Scalia. These prestigious clerkships gave her the opportunity to work closely with two giants of the legal field. Today, she is a respected professor at the University of Notre Dame, where, by the way, she was honored as Distinguished Professor of the Year twice. Professor Barrett will bring a wealth of knowledge to the bench. Professor Barrett happens to be a Catholic. Her faith is important to her. She has spoken freely about it and its impact on her life. But she also understands the role of a judge, which is not to let personal beliefs dictate how cases are decided. Unbelievably, some on the political left, including some of our Democratic colleagues, are criticizing her because as a law student she cowrote a law journal article that argued just that. Her coauthor of the article, John Garvey, is now the president of Catholic University. He recently wrote the following: Amy Barrett, a law professor at Notre Dame, was grilled on Wednesday by Democrats on the Senate Judiciary Committee about an article she and I wrote together in 1998 when I was a law professor and she was my student. In that article we argued that the death penalty was immoral, as the Catholic Church teaches (in common with Quakers, Episcopalians, Presbyterians, Methodists, and the 38 member communions in the National Council of Churches). We went on to say that a Catholic judge who held that view might, in rare cases, have to recuse herself under . . . [the] federal statute that asks a federal judge to step aside when she has conscientious scruples that prevent her from deciding a case in conformity with the facts and the law. President Garvey went on to write: Perhaps the Alliance for Justice, which has mounted a campaign to discredit Professor Barrett, didn't get that far in reading the article. Its website says this: ``Stunningly, Barrett has asserted that judges should not follow the law or the Constitution when it conflicts with their personal religious beliefs. In fact, [this group claimed] Barrett has said that judges should be free to put their personal views ahead of their judicial oath to faithfully follow the law.'' President Garvey noted, however: Barrett (and I) said no such thing-- No such thing-- We said precisely the opposite. This opposition to Professor Barrett is so upside down that it leaves people like President Garvey wondering whether there is something else going on here. President Garvey concluded: The case against Prof. Barrett is so flimsy that you have to wonder whether there isn't some other, unspoken, cause for their objection. The president of Notre Dame also weighed in about these criticisms of Professor Barrett. Here is some of what he said in his letter to the ranking member of the Judiciary Committee: Your concern, as you expressed it, is that ``dogma lives loudly in [Professor Barrett], and that is a concern when you come to big issues that large numbers of people have fought for years in this country.'' I am one in whose heart ``dogma lives loudly,'' as it has for centuries in the lives of many Americans, some of whom have given their lives in service to this nation. . . . It is chilling to hear from a United States Senator that this might now disqualify someone from service as a federal judge. I ask you and your colleagues to respect those in whom ``dogma lives loudly''--which is a condition we call faith. A condition we call faith. For the attempt to live such faith while one upholds the law should command respect, not evoke concern. Professor Barrett has made it clear that she would ``follow unflinchingly'' all legal precedent and, in rare cases in which her conscience would not allow her to do so, she would recuse herself. I will say that again: . . . in rare cases in which her conscience would not allow her to do so, she would recuse herself. I can assure you that she is a person of integrity who acts in accord with the principles she articulates. Let me remind colleagues that article VI of the Constitution provides that ``no religious test shall ever be required as a qualification to any office.'' That is the U.S. Constitution. According to the Founders, this was done to ensure that ``the people may employ any wise or good citizen in the execution of the various duties of the government.'' Professor Barrett of Notre Dame is just such a wise and good person, and when the Senate confirms her to the Seventh Circuit, our judiciary and our Nation will be better off. I strongly support her nomination and would urge my colleagues to do the same.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the resolutions be agreed to, the preambles be agreed to, and the motions to reconsider be considered made and laid upon the table, all en bloc.

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate now proceed to the en bloc consideration of the following Senate resolutions which were submitted earlier today: S. Res. 312, S. Res. 313, and S. Res. 314.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that it stand adjourned under the previous order, following the remarks of Senator Reed.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m., Tuesday, October 31; further, that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, the time for the two leaders be reserved for their use later in the day, and morning business be closed; further, that following leader remarks, the Senate proceed to executive session and resume consideration of the Barrett nomination postcloture; further, that the Senate recess from 12:30 p.m. until 2:15 p.m. to allow for the weekly conference meetings; finally, that all time during morning business, recess, adjournment, and leader remarks count postcloture on the Barrett nomination.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the Agriculture Committee be discharged from further consideration of and the Senate now proceed to the consideration of S. Res. 75.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I send a cloture motion to the desk.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I move to proceed to legislative session.

Mr. McCONNELL

Mr. McCONNELL. I send a cloture motion to the desk.

Mr. McCONNELL. I ask unanimous consent that the mandatory quorum calls for the cloture motions be waived.

Mr. McCONNELL. I ask unanimous consent that notwithstanding rule XXII, the pending cloture motions ripen following the disposition of the McFadden nomination.

Mr. McCONNELL. Madam President, in my opening remarks today, I commended President Trump once again for the outstanding judicial nominations he has made, and I reiterated the Senate's determination once more to continue confirming them regardless of the often mindless partisan obstruction we have been seeing across the aisle. This pointless obstruction is designed simply to waste time, not to change an outcome, and it will not. It didn't stop the Senate from confirming Scott Palk, it will not stop the Senate from confirming Trevor McFadden, and it will not stop the Senate from confirming even more outstanding nominees next week. You can count on it. I have filed cloture on four more well-qualified nominees for our Nation's circuit courts: Notre Dame law professor Amy Barrett, a nominee for the Seventh Circuit; Michigan Supreme Court Justice Joan Larsen, a nominee for the Sixth Circuit; Colorado Supreme Court Justice Allison Eid, a nominee for the Tenth Circuit; and University of Pennsylvania law professor Stephanos Bibas, a nominee for the Third Circuit. By confirming these nominees, we can take a big step toward restoring our Nation's courts to their proper role, interpreting and applying the law based upon what it actually says, not what a judge might wish it to say. It is quite a departure from the last administration's philosophy when it came to selecting judicial nominees. For the last 8 years, we had a President who said a criterion for lifetime positions was the ability to empathize with certain groups over others. It came to be known as the ``empathy standard.'' That is a great standard if you are the party in the case for whom the judge has empathy, not so great if you are the other person. It also is not in keeping with the longstanding American legal traditions of applying the law equally to all, giving every litigant a fair shake, and ruling based on the actual meaning of our Constitution and laws, not what a judge or some preferred political constituency might wish they meant. That, I believe, is the view of the American people. President Trump has done a terrific job of nominating judges who are already helping to restore the courts to their intended function in our system of government. The nominees we will consider next week are sure to do the same. We will continue our efforts with consideration of the Barrett nomination on Monday. Amy Barrett is a professor of law at one of our Nation's premier law schools. Notre Dame happens to be a Catholic University. Amy Barrett happens to be a nominee who is a Catholic and who speaks freely and openly about her faith and its importance to her. For some on the left, that seems to be a disqualifying factor for her nomination. I would remind colleagues that we do not have religious tests for office in this country. There is no religious test for office in the United States of America. Amy Barrett's nomination has received outstanding reviews. She is clearly well qualified for the office to which she has been nominated. As the president of Notre Dame recently wrote, ``Her experience as a clerk for Judge Laurence Silberman of the U.S. Court of Appeals and Supreme Court Justice Antonin Scalia is of the highest order. So, too, is her scholarship in the areas of federal courts, constitutional law, and statutory interpretation.'' Amy Barrett is going to make an outstanding Federal Circuit Court judge. So, too, will Ms. Larsen, Ms. Eid, and Mr. Bibas. I look forward to the Senate confirming all of them next week.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I move to proceed to legislative session.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I further ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, on another matter, for families in Kentucky and across the Nation, the devastation of opioid abuse can be a constant and painful reality. Communities are forced to endure grief, worry, and loss. A recent report showed that my home State suffered more than 1,400 fatalities as a result of drug overdoses last year alone. Despite the troubling statistics, however, there are glimmers of hope. The Republican-led Senate has worked hard to pass important legislation like Jessie's Law, the 21st Century Cures Act, and the Comprehensive Addiction and Recovery Act. These measures are important steps that should lead to real progress. There are many other important efforts across the country as well. From coast to coast, we hear stories of men and women in recovery who are managing their addictions. We are heartened by these testimonies that proper treatment offers real hope. They help remind everyone as to why we must continue to press forward. The task that remains is staggering, but we are committed. Later today, President Trump will help our country take another step forward. We expect that he will formally recognize the opioid epidemic for the public health emergency that it is. This announcement builds upon years of progress that Congress has made in responding to addiction with comprehensive action, including prevention, enforcement, and treatment. I commend the President for his continued commitment to this cause. When he visited us in the Senate earlier this week, he discussed the national epidemic and his administration's efforts to fight back. Along with my colleagues, I stand ready to work with him on future proposals to provide the necessary tools to protect our communities from this scourge. A single bill or program is never going to solve this crisis on its own. Only a sustained, committed effort can do that. I am proud of our efforts to combat opioid addiction already. I also know that we will continue to push forward with continued collaboration with many groups both in Washington and in States and communities all across our country so that, one day, we can finally say that our country has beaten this crisis once and for all. I suggest the absence of a quorum.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I move to proceed to executive session to consider Calendar No. 432, Allison Eid.

Mr. McCONNELL

Mr. McCONNELL. I yield the floor

Mr. McCONNELL. Madam President, I ask unanimous consent that the Senate proceed to legislative session for a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I ask that the Chair lay before the Senate the message to accompany S. 782. The Presiding Officer laid before the Senate the following message from the House of Representatives: Resolved, That the bill from the Senate (S. 782) entitled ``An Act to reauthorize the National Internet Crimes Against Children Task Force Program, and for other purposes.'', do pass with an amendment.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I move to proceed to executive session to consider Calendar No. 369, Joan Larsen.

Mr. McCONNELL

Mr. McCONNELL. Madam President, I ask unanimous consent that the Senate proceed to executive session for consideration of the following nomination: Executive Calendar No. 386.

Mr. McCONNELL

Mr. McCONNELL. Mr. President, I have 9 requests for committees to meet during today's session of the Senate. They have the approval of the Majority and Minority leaders. Pursuant to rule XXVI, paragraph 5(a), of the Standing Rules of the Senate, the following committees are authorized to meet during today's session of the Senate: Committee on Armed Services The Committee on Armed Services is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., in closed session to conduct a briefing on Niger. Committee on Banking, Housing, and Urban Affairs The Committee on Banking, Housing, and Urban Affairs is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., to conduct a hearing on the following nominations: Brian D. Montgomery, of Texas, Robert Hunter Kurtz, of Virginia, and Suzanne Israel Tufts, of New York, each to be an Assistant Secretary of Housing and Urban Development. Committee on Energy and Natural Resources The Committee on Energy and Natural Resources is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 9:45 a.m., in room SD-366 to conduct a hearing. Committee on Foreign Relations The Committee on Foreign Relations is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 9:30 a.m. to hold a hearing. Committee on Health, Education, Labor, and Pensions The Committee on Health, Education, Labor, and Pensions is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., in room SD-430, to conduct a hearing entitled ``Exploring Free Speech on College Campuses''. Committee on the Judiciary The Committee on the Judiciary is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m., in room SD-226 to conduct a hearing on S.807 and the following nominations: Allison H. Eid, of Colorado, to be United States Circuit Judge for the Tenth Circuit, Stephanos Bibas, of Pennsylvania, to he United States Circuit Judge for the Third Circuit, Liles Clifton Burke, to be United States District Judge for the Northern District of Alabama, Walter David Counts III, to be United States District Judge for the Western District of Texas, Michael Joseph Juneau, to be United States District Judge for the Western District of Louisiana, A. Marvin Quattlebaum, Jr., to be United States District Judge for the District of South Carolina, Karen Gren Scholer, to be United States District Judge for the Northern District of Texas, Tilman Eugene Self III, to be United States District Judge for the Middle District of Georgia, and John F. Bash, to be United States Attorney for the Western District of Texas, Erin Angela Nealy Cox, to be United States Attorney for the Northern District of Texas, and R. Andrew Murray, to be United States Attorney for the Western District of North Carolina, all of the Department of Justice. Committee on Small Business and Entrepreneurship The Committee on Small Business and Entrepreneurship is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 11 a.m., in SR-428A to conduct a hearing entitled ``Strengthening the Entrepreneurial Ecosystem for Women''. Select Committee on Intelligence The Select Committee on Intelligence is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 2 p.m., in room SH-219 to conduct a closed hearing. Subcommittee on Regulatory Affairs and Federal Management The Subcommittee on Regulatory Affairs and Federal Management of the Committee on Homeland Security and Governmental Affairs is authorized to meet during the session of the Senate on Thursday, October 26, 2017, at 10 a.m. to conduct a hearing entitled ``Improving Oversight of the Regulatory Process: Lessons from State Legislatures''.