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Charles Schumer
  U.S. Senate Sens. Schumer Hatch on Kavanaugh  CSPAN  July 11, 2018 12:41am-1:15am EDT

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qualify judge will unleash on america if we confirm him to the court. that cheap political fear mongering insults the intelligence of the american people. because americans understand the difference between a political office and a judicial office. they know the difference between the policymakers who throw pitches in the judges who call balls and strikes. so, i look forward to the fair consideration of this most impressive nomination. i look forward to meeting with judge kavanaugh later this morning and hearing his testimony of voting on his confirmation ray here on the senate floor. >> madam president, last night president trump selected brett
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kavanaugh as his nominee for the vacancy in the supreme court. in selecting judge kavanaugh he did exactly what he said he would do on the campaign trail, nominate someone who will overturn women's reproductive rights and strike down healthcare protections for millions of americans, including those with pre-existing conditions. he is put at risk civil rights, lgbtq rates, how do we know? because he repeatedly promised to nominate justices who will overturn roe versus wade and undermine our healthcare loss. distant come out of the clear blue, president trump promised it. he said he would only pick pro-life judges would automatically reverse roe versus wade.
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president trump one so far as to say that women should be punished for their healthcare choices. president trump also said quote that his judicial appointments would do the right thing, unlike justice roberts on healthcare. that is president trumps litmus test. it cannot be clear, during the campaign, president trump commissioned a list of 25 people who would meet this test. they were vetted and approved by two organizations that represent the hard right, the federalist society led by a man by leonard leo whose goal in life has been to overturn roe versus wade. in the heritage foundation, whose goal is to strike down healthcare loss and because they do not want the government to help people out when they have pre-existing conditions or other
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healthcare needs. here is what edward whalen, prominent conservative activist said about leonard leo, the man who put together the list that prompt tria trump promised to ce from. here's what he said, quote, no one has been more dedicated to the enterprise of building the supreme court that will overturn roe versus wade than the federal societies, leonard leo. if anyone believes that judge kavanaugh or anyone on the list would oppose roe v wade, then i have a bridge to sell you. the goal in life is to repeal this, he comes up with the list. to think he put slackers limitless? no. judge kavanaugh got the nomination not because will be an impartial judge, but because he pass the litmus test.
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repeal women's freedoms, their reproductive rights and healthcare, including pre-existing conditions. if judge kavanaugh was to be confirmed, women's reproductive rights would be in the hands of five men in the supreme court. that is not what the men and women of america want. it makes clear that he would rule against these rights and freedoms and that he welcomes challenges to the constitutionality of the affordable care act. judge kavanaugh has argued that the supreme court should question the constitutionality of the affordable care act. he openly criticize the supreme court when they upheld the law. he's no mutual arbiter, he has
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already made up his mind. he would not have been approved by the heritage foundation if they were not certain that he repealed the hba. he would not be approved by the federalist society if leonard leo wasn't certain he would repeal roe versus wade. >> judge kavanaugh has argued that the trump administration to keep a young girl in federal custody to prevent her from obtaining constitutionally prevented healthcare. he has argued that employers should be able to deny their employees access to affordable contraceptive coverage. judge kavanaugh feels that way about contraceptive rights, imagine what he feels about women's right to choose. another point, he is a deeply conservative justice way out of the mainstream. he's written troubling decisions
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about gun laws. he has undone environmental protections. he has challenge her clean-air clean water act would be at risk. it would make it far more difficult for regulations to exist and enforce those laws. here's the most amazing thing, he has gone so far as to say that the president does not need to follow the law if he quote deems it unconstitutional. folks, here we have a president, president trump who cares less about rule of law, less about the restraints that every other president has faults and put in place by the constitution and the norms that have left this great country for 200 years, and were gonna put on the bench someone that says if he deems
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along constitutional he does not have to follow it, how many americans think the president would be judicious and limited in doing that? not the president i have seen over the past year and a half. an analysis by professor epstein of the washington university of st. louis found that judge kavanaugh would be the second most conservative justice on the court, to the right of judge gorsuch, second only to justice thomas. this is the most conservative court we have had an 80 or 90 years, since the 30s at the very minimum. to say, to those who say that president trump has made a modest selection from the judicial mainstream in the form of judge kavanaugh, think again and look at his record.
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is a deeply conservative justice. his judicial philosophy he has to spring from his history. judge kavanaugh was embedded in the fight, the notorious report of florida recount. the secrecy claims that once in office and ideological judicious fight throughout the bush era. the far right has a goal, they cannot achieve the philosophy through the two elected branches of government, try as they might. the congress, but if they get control of the one nonelected branch they can turn the clock back in america. taken decades or centuries, that is their goal in judge kavanaugh
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as he worked in the white house help them achieve that goal. judge kavanaugh's background as a partisan, political operative seems exactly like the kind of man president trump would one on the supreme court, if legal issues from the mueller for probe rise, deferential to a fault, to executive authority and with a long track record of patterson politics. judge kavanaugh's long track record of polishe partisan polis comes with a long paper trail. the senate must be able to have access in time to adequately
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review all documents, e-mails, other paperwork associated with judge kavanaugh before this process moves word. judge kavanaugh's papers may be critical to helping the american people understand the kind of journalist he would be on the supreme court. if that makes this take time, so be it. this is one the president has said this is the most consequential nominations we have had in a generation. to get the full record before any of us vote, absolutely necessary and important, essential, and fair. judge kavanaugh's papers may give the senate the best and only chance of understanding his personal views. no doubt he will be looked at his most recent predecessors to look at his views and confirmation hearing. no doubt he will look at revisions to become a tradition of the nomination process.
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i will follow settled law and strive -- g i can't, site bias myself on a future case. we saw what happened when now justice roberts and now justice gorsuch an alito has said that. once they got on the bench, they overturn precedents to achieve their political goals. probably the worst, citizens united, with chief justice roberts on to close to a century of tradition and allowed wealthy people to spend millions of dollars on disclosed into our politics, making the swamp so much worse. most recently, justice gorsuch injustice robert and the rest
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dramatically overturning precedent in the janice case, on a whim as the defense noted, they just pulled the theory out of a hat, a first amendment ruling that the first amendment prohibited unions from organizing, mile my, how can anyone believe that they will pick that judge kavanaugh would stick with the president when justice roberts, justice gorsuch, and justice alito did more to make their own political rules and regulations. so, we need to review the record. judge kavanaugh's written
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history where the best clues of his jurisprudence may lie, it is no less than the standard might republican pot colleagues demanded of ben judge kagan during her confirmation process. they asked for her entire records, 170,000 documents were sent here. we need those documents now more than ever. this new justice will be so pivotal in determining the future of our nation for so long. the nomination could alter the balance of the court in favor of powerful special interest against working families for a generation. the pro- hard right business heritage foundation once only nominees who will side with the big boys against the average person. in judge kavanaugh, they have somebody who would do just that,
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we cannot let it happen, if the senate boxes nomination, it will lead to a more independent, moderate selection that both parties could support. i yield the floor. >> think you meant president. i disagree with almost everything the minority leader said. i do believe he is one of the great senators here, and i care for him he has a job to do i suppose, seems strange that every time a supreme court nominee comes from the republicans there is every reason in the world not to confirm the nomination. in the eyes of the current democrats.
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were even getting that type of situation it's hard to believe. i rise today and strong support of the nomination of brett kavanaugh as an associate justice. i've known him for a while and he is a terrific human being. a good family man. everything you would want on the bench. he is fair, considerate, knowledgeable and intelligent, he understands the law, when he doesn't understand the law he will search it until he does. president trump has made an outstanding choice. he has kept his commitment to the american people, he selected a nominee with deep experience in the law and an understanding of the role of a judge under our constitution.
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i first met brett kavanaugh 14 years ago when he came before the judiciary committee for his first confirmation. for his first confirmation hearing to the d.c. circuit. i was the chair of the committee at the time. i was impressed by him serving credentials at that time. his broad knowledge of the law in his demeanor, at only 39 years of age she knew more about the law the most lawyers do in practice. i think anybody who is fair with look at that. i was confirmed from the d.c. circuit in 2006 following years of obstruction by senate democrats. i was pleased to excited to support his nominee. i followed his work on that court the last years with great interest. he has spent a dozen years on that court. the second greatest court in the
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country. at least i should say without fear criticism. he has been a leader, offering landmark opinions on the separation of powers, administrative laws, national security, it is no understatement to say that judge kavanaugh is among the most distinguished and influential judges in the entire country. the supreme court has adopted his position, the positions no less than 11 times, he has authored many dissents that prevailed in the supreme court. he should be complemented, not condemn, he has taught courses at harvard, yale, georgetown, i would prefer it if he taught some courses at bring them university but that was too far off the list i guess.
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but you cannot knock harvard, yell. let's imagine that liberal and conservative justices alike have looked at the former clerks that address the theological perspective late julie madam president, there's no one more qualified and more prepared to serve on the supreme court than brett kavanaugh. i think most people know that, including my friends on the other side. that is one reason they are afraid to have him on the court. i speak from experience. i am the former chairman of the judiciary committee. i've been participating in the
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confirmation of more federal judges than any senator in our nation's history. more than half of all federal judges ever conference. i participated in the last 14 supreme court contributions included the confirmation of all current members of the court. i know a good nominee when i see one. brett have on track kavanaugh -- brett kavanaugh is an exceptional nominee and you have to admit that. . . nominee was neil gorsuch. and i have to say president trump hit a home run with justice gorsuch. i came to this floor nearly a dozen times in support of justice gorsuch's nomination because i knew neil gorsuch and i knew what kind of a judge he would be. i knew he would interpret the
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i knew he would interpret the constitution according to its originalor meeting not according to the theories of liberal law professors or activists. i knew that he would give effect to the plaintext of statutes rather than running around dividing the bits and pieces of legislative history does the porch of his preferred view and he would hold the administration to task to help test the unrestrained growth of the unelected unaccountable fourth branch of government. he's done all thate. and more.
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when the administration advances and most of all he understands deeply under the constitution cn for political power lies withur the people and their elected representativesta bought nine justices in washington, d.c.. in all the ways he's been a home run. he's been an independent committed to the constitution and the rule of law. he made his mark in cases involving the separation off power and agency decision-making. he is serious about ensuring the branches of government stay within the proper spheres for
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sufficient political accountability. he also showed a commitment to theed freedoms and in all of ths he's been a true intellectual leader. and judge kavanaugh demonstrated that in our system of government, judges interpret the law. they don't make the law, they interpret them. policymaking is for the other branches of government. now in a rational world, the judge's nomination would be confirmed by the senate overwhelmingly. i don't think there is a question about that. his qualifications are unquestioned. his integrity is beyond reproach and he is respected through the country as one of the nation's
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leading jurists sadly however we don't live in a national world at least not when it comes to the supreme court. we saw this last year our democratic colleagues attacked and unqualified. they had incited often enough with the right sort but he wouldn't do enough to protect the little guy when deciding cases. they didn't think that they would rule the way they would wear that he would reach liberal enough outcomes. of course they couldn' couldn'tt directly as they would have given the whole game away and shown the opposition was just
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about politics which is exactly what it was. so they latched onto a couple of casescome up with, blue then enf proportion. they asked cases to come before the supreme court that he or any otherot nominee could answer without violating. he couldn't answer without violating the cannons on judicial ethics. i guess they expected an answer, but no self-respecting nominee would have given them the answer and they claimed it would have been some sort of a rubber stamp for the administration when there was nothing in the record
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at all to suggest. so they picked up a cloud of half-truths and misrepresentations and used those to justify their opposition. fortunately they sold these desperate tactics for what they were, complete baloney and that is putting it mildly. the. they do everything they can to
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make him into some sort of a monster, judicial monster. a rubber stamp for the rich and powerful warned that the confirmation would've been the d of liberty and civil rights. there is no reason to be afraid. these are people living in accordance with the law that decides cases the way the law dictates. this is the same playbook we have seen before and we saw last year. it's the same playbook wek have seen because the opposition will not be about the credentials or
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qualifications. it will be about politics. our democratic colleagues want a justice who will reach the outcomes they want and will use the constitution to make the policy. but he isn't that kind of the judge. he interprets it as written and follows the separation of powers and leaves policymaking to the political branches. he's been an intellectual leader in one of the most important courts for over a decade. he is a brave thinker, a
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powerful writer and i might add him as somebody that knows him well inan a kind and humble man. justicjustice kennedy is a kindd humble man and he's excited about having this nominee take his place. after all the kicking and screaming last year, after all the obfuscations and misrepresentations, we confirmed deahim to the supreme court bece he was unquestionably qualified. because he demonstrated a firm understanding of the judge's proper role under the constitution.
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he is unquestionably qualified. kavanaugh has shown a commitment to the constitution into the ane order to interpret the law and he will be confirmed. i have confidence in my colleague and he will be confirmed. he is a good man. i know him personally for a long time to. he is a man whose nomination i'm proud to support and they will do everything in my power to see him confirmed to the supreme court. i could not be more pleased that one of my final acts in the senate will be to help get
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through one last nominee to the nation's highest court. i couldn't be more pleased that that's nominee is judge kavanaugh. i know what a great justice he will make. i know he will be fair and will live in accordance with the law but i also know he has courage and conviction and he will do what justices have to do and that is interpret the constitution in ways that will place the vast majority of all. that is about all we can ask for but i know that he will do that because i know him and his family. i know his parents. all i can say is i'm pleased our
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president has decided to nominate him as a justice on the supreme court and i would caution my colleagues to pay attention to his record. you can't keep voting against people just because politically they are not on your team. i think you can if they are not qualified, that he is qualified. if they are not willing to abide by the rules as written, but he has proven that. i could go on and on and say that this is a good nominee. i hope all of my colleagues will support him and my friends on the democratic side will do the right thing here. the right thing would help propel the confirmation process. who knows who is going to be the
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next president. it could bewo a democrat and i hope that kind of example would be a an example to the republicans if they are in the minority, doma what's right but certainly don't stop the candidates from these positions on the federal bench. i wish him well because i think that he would make a great justice on the court. i think he will be the kind of justice who will make everybody proud even those he disagrees. he's a decent, honorable family man, brilliant.
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i believe that if we give him a chance he will do a very good job. hopefully he will become our next justice on the supreme court. >> i come to the floor today to discuss my strong opposition to the nomination of judge apkavanaugh for a lifetime appointment on the supreme cou court. there are few issues i take more seriously than they do need to consider and vote on supreme court nominees. it was watching the hearings and seeing how my voice and the voices of people like me off across