Comprehensive Addiction and Recovery Act of 2015

Floor Speech

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Mr. BROWN. Mr. President, earlier this week and last week I joined a number of my colleagues on the floor and spoke at length about the need for our fellow Senators on the other side of the aisle to do something simple--to do their jobs.

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Mr. BROWN. I thank the Presiding Officer.

Earlier this week and last I spoke at length about the need for my colleagues on the other side of the aisle to do their job and to move forward with hearings and an up-or-down vote on whomever the President nominates to the Supreme Court. The outcry from the public continues from every corner of our justice system. Let's just recount quickly what happened after the tragic and untimely death of Justice Scalia.

Within an hour or so, the Republican leader of the Senate said: Don't bother sending up a nominee. History suggests that we won't do this in the last year of the Presidency. We are not going to do hearings. Don't even bother.

Other Republican Senators, sort of like one bird flying off the telephone wire--they all fly off a telephone wire--one Republican Senator after another, first said no hearings. Then, after the majority leader said that he would not even meet with prospective nominees, other Republican Senators said they wouldn't meet with nominees.

Just imagine that. We work hard to run for these offices. It is hard to get to the Senate. When we win, within a month and a half or 2 months later, we take an oath of office. We get paid to do our jobs. But they are just not doing their job.

The Constitution says the President shall nominate to fill a vacancy on the Supreme Court, and the Constitution says the Senate shall advise and consent--not except in the last year of the President's term, not only if we feel like it. We are just saying to our Senate colleagues-- along with Americans saying to Senate Republicans: Do your job.

It is pretty simple. We are not saying you have to vote for the President's nominee. Understandably, you may not want to, but at least meet the nominee, at least hold hearings on the nominee. Then let's bring him or her to the Senate floor and have a debate and vote up or down.

Earlier this week I quoted from four former U.S. attorneys from my State of Ohio, from Washington State, California, and Virginia. They wrote: ``It is unfair and unsafe to expect good federal agents, police and prosecutors to spend more than a year guessing whether their actions will hold up in court.'' These are criminal prosecutors, U.S. attorneys, saying how important it is that, ultimately, when something goes to the Supreme Court, there will be a decision made because there is an odd number of justices.

The last time there was a 1-year vacancy--which is what the Republican leader, Mitch McConnell, is calling for--on the Supreme Court was 150 years ago, and that was because we were at war. It was during the Civil War. It is unprecedented to do what they are doing.

On Tuesday, former Ohio Court of Appeals Judge Mark Painter wrote an op-ed in the very conservative, very Republican Cincinnati Inquirer, sharing some of the same concerns. He wrote:

It would be irresponsible and unprecedented to let a vacancy on the court extend into 2017. If Congress fails to act, the Supreme Court will go two terms--well over a year-- with a vacancy. The court will hear significant cases in the coming months and issue rulings that will impact our everyday lives.

As a judge for 30 years, I learned that it is important for the law to be settled.

Settled--not held in abeyance, not deadlocked, but settled--that is why we have an ultimate Supreme Court.

Uncertainty is bad for businesses, individuals and for commerce. Two court terms of possible 4-4 votes would be a nightmare.

There is no precedent for causing this damaging uncertainty. The only reason is politics.

That is the same Republican leader who some years ago said: My No. 1 political goal is to keep Barack Obama from being reelected, not, my No. 1 goal is to help improve the economy or to help wages go up or to preserve our freedom, our families or our economic security from attack. He said: My No. 1 goal is to make sure that Barack Obama isn't reelected.

Then this same crowd shut down the government in 2013, after Barack Obama was reelected. They didn't like that--understandably. But they shut the government down--not understandable. Now they want to shut the Supreme Court down by locking it in with an even number where we will see 4-to-4 votes.

Judge Painter points out that we elected Barack Obama to a 4-year term:

The nomination to fill the seat of Supreme Court Justice Scalia is bigger than party or politics. And there is no doubt that Scalia himself would interpret the Constitution as requiring a nomination and a vote by the Senate. It's that simple.

That's why President Obama will do the job that the American people elected him to do. And that's why the Senate should do its job also.

Under our Constitution, we elect presidents for four-year terms. Obama has almost a quarter of his term left. Should the process of government stop for a year?

Should the process of government stop for a year? It should not. My colleagues, pure and simple, ought to do their jobs. They ought to meet the nominee. They ought to hold hearings. They ought to give an up-or-down vote to whomever the President nominates. Let's do our job.

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