Supreme Court Decisions and Filling the Supreme Court Vacancy

Floor Speech

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Mr. REID. Madam President, this morning the Supreme Court issued its final set of rulings for the year for the Court's term.

I was pleased with two of the Court's decisions especially. One pertains to women's health and one with keeping guns away from dangerous individuals. In the Court's 5-to-3 decision in Whole Woman's Health, the Court affirmed the constitutionally protected rights of American women. The Justices struck down a Texas law that limited women's rights and restricted access to health care.

Infringing upon the rights of Texans has become all too familiar for the government of Texas. It is a theme they have, and they play that theme all the time and they march to it. The State has pushed laws to restrict people's right to vote. In the last general election, 600,000 Texans couldn't vote because they didn't have the right ID. The State has pushed laws to restrict people's right to vote and limit victims' ability to recover deserved damages after accidents and medical malpractice. The law restricting women's care was just the most recent example of Texas trampling on the rights of its people. So I am pleased that the Supreme Court struck down Texas' unconstitutional attempt to deprive women of health care.

In another ruling today, the Supreme Court also whacked the National Rifle Association. By a 6-to-2 decision, the Justices upheld a Federal law that bans people convicted of domestic violence from buying guns.

While the Supreme Court did its job today, I must note the many other missed opportunities in the Court over the last 4 months. Due to the Republicans historic obstruction of Judge Merrick Garland's nomination, the United States' highest Court is often deadlocked. The Court has been unable to provide definitive rulings on some of the most important issues of our time because there are not nine Justices, but only eight, due to the Republicans' obstruction. For the first time in the history of the country in a year right before an election, the Republicans have decided they are not going to allow a vote on a Supreme Court nomination. It has never happened before. By denying President Obama the chance to fill this vacancy, the Republicans have infected the Supreme Court with the same gridlock they have perfected with the Congress for the last 7 years. Eight Supreme Court Justices are simply not enough to serve the American people and the rule of law.

One Drake University constitutional law professor wrote recently:

With just eight members, the Court cannot resolve certain controversial cases. It can split 4-4, which means there is no uniform rule of law.

All told, the Supreme Court has deadlocked on seven important cases and issues.

Because of Senate Republicans, employers can deny women who are working access to contraception coverage; because of Senate Republicans, companies can misuse the private information of consumers; and because of Senate Republicans, lenders can discriminate against married women.

There are others. The most glaring example, though, was from last Thursday when the Court was unable to reach a majority decision on an important immigration case. It issued a one-sentence ruling: ``The judgment is affirmed by an equally divided Court.''

As former Solicitor General Walter Dellinger wrote, ``Seldom have so many hopes been crushed by so few words.''

These immigration programs would take millions of people out of the shadows and allow them to work and pay taxes.

Today also happens to be the third anniversary of the Senate passing a bipartisan bill to fix our Nation's immigration system by a heavy vote of 68 to 32. It was bipartisan in nature.

Three years ago, after the bill passed in the Senate, Republicans used their obstructionist ways to prevent a vote in the House of Representatives. Today, those same Republicans are obstructing a ninth Supreme Court Justice in order to kill the President's Executive actions on immigration.

Latino and immigrant families across this Nation are watching who stands with them and who stands against them. It is very easy to see. It is appalling Republicans are willing to prevent the Court from doing its job as they wait for a Donald Trump-appointed nominee. That is startling.

Just yesterday, the Republican leader refused to say if he thinks Donald Trump is qualified to be President. His silence speaks volumes.

Republicans continue to block our justice system from functioning so this unqualified bigot can reshape the Supreme Court in his image.

It is time for Republicans to stop fomenting partisanship and gridlock, even in the Nation's highest Court. America deserves a fully functioning Supreme Court.

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