Interior, Environment, Financial Services, and General Government

Floor Speech

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Mr. BARRASSO. Mr. President, when President Trump nominated Brett Kavanaugh to serve on the Supreme Court, I believe he made an excellent choice. Judge Kavanaugh has served on the DC Circuit Court for 12 years. He has distinguished himself as a careful, independent, and very intelligent judge.

This was a headline in the Wall Street Journal on July 10, 2018. They took a look at his record, and this is what they predicted: ``Trump's Nominee Will Be an Intellectual Leader On the Bench.'' I had a chance to meet with him today, and that is exactly what I think. I think they got it completely right. The newspaper pointed out that he has written opinions that span nearly every significant constitutional issue.

Judge Kavanaugh has such a strong reputation that courts around the country actually have relied on his opinions. When you look at his whole record, he has written about 200 majority opinions for the DC Circuit Court, on which he serves. He has only been reversed one time by the Supreme Court. The Supreme Court has actually been much more likely to agree with Judge Kavanaugh. In at least 13 different cases over the dozen years he has served on the DC Circuit Court, they have adopted his legal reasoning in their own Supreme Court rulings. To me, that makes him a mainstream judge.

In one case involving the separation of powers, Judge Kavanaugh disagreed with the opinion of two other circuit judges. He looked at the text of the Constitution and at the original meaning of those words, which is, to me, what a judge ought to be doing. He wrote that the ``Framers of our Constitution took great care to ensure that power in our system was separated into three branches.'' That is one of the things he and I talked about today--the three branches of government the Founding Fathers created to separate the powers within our system. In that writing, Judge Kavanaugh went on to stress the importance of the Constitution's checks and balances--the fundamental principles on which our democracy was founded. The Supreme Court agreed with Judge Kavanaugh's reasoning, and the Court cited his work several times in reaching their own Supreme Court decision.

There was another case that dealt with a regulation that was written by the Environmental Protection Agency. Judge Kavanaugh found that the Agency exceeded its authority under the law when it wrote its regulation. He wrote: ``It is not our job to make the policy choices and set the statutory boundaries, but it is emphatically our job to carefully but firmly enforce the statutory boundaries.'' What are the boundaries? It is our job to enforce them, not to set them.

Again, the Supreme Court took a look at this, looked at his writings from the DC Circuit Court, and they agreed with Judge Kavanaugh's reasoning.

One constitutional scholar pointed out that ``Judge Kavanaugh commands wide and deep respect among scholars, lawyers, judges, and justices.'' Another legal scholar said that Judge Kavanaugh is ``one of the most learned judges in America on a variety of issues, ranging from theories of statutory interpretation to separation of powers.'' A third law professor agreed. This professor called Judge Kavanaugh ``a true intellectual--a leading thinker and writer on the subjects of statutory interpretation and federal courts.''

Here is what we know about Judge Kavanaugh. It is clear that he is a person of strong character. We hear this from people who have known him in the community and people who have worked with him for years in the court. It is clear that Judge Kavanaugh has exactly the right approach, in my opinion, to being a judge. He said it very plainly in a speech last year. He said that a judge's job is to interpret the law, not to make the law or make policy. That is what judges are supposed to do. I think that is the standard Americans should be applying to anyone who is nominated to this high position.

Then you look at the endorsements from legal scholars, and you look at the number of times the Supreme Court has followed his opinions, followed his reasoning, followed his thought pattern. It is clear that Judge Kavanaugh has the incredibly strong intellect that we want in a Supreme Court Justice. When we see someone who commands this kind of respect from the experts, I think Senators need to take that into consideration.

I met with Judge Kavanaugh, as I said, early this morning. I enjoyed a long discussion on various topics relating to the law--the Constitution, the separation of powers. I hope my Democratic colleagues will meet with him as well.

I look forward to having a full and thoughtful confirmation process. I appreciate the opportunity to discuss this topic. 150th Anniversary of the Wyoming Territory

Mr. President, I come to the floor today to commemorate the 150th anniversary of the creation of the Wyoming Territory. On July 25, 1868, Congress authorized the Territory that would become the State of Wyoming. Thousands of people were headed West along the new rail lines that were being built. In fact, the first territorial Governor noted that it was the first time America had carved out a new Territory as a result of the railroad coming through. People were eager to settle in the new Territory and build new lives, seek their fortunes, and raise their families.

What they found when they reached the Wyoming Territory was a place of incomparable beauty. An observer at the time talked about the fertile valley of rivers and streams. That continues today. This observer at the time praised the gorges of its majestic mountains.

It wasn't just the natural beauty of Wyoming that drew people there, however; it was the natural resources as well. When the Senate was debating the creation of the Territory, one of the things they talked about right here in this body, right here in this room, was the potential future for the area. These natural resources would help power America's expansion West. One Senator talked about the valuable springs of petroleum and about the abundant coal deposits. That was 150 years ago--valuable petroleum and abundant coal deposits.

These same natural resources still help power the American economy today, 150 years later. Wyoming is America's largest producer of coal, and we are one of the biggest in producing oil and natural gas. Over the past century and a half, the people of Wyoming have provided America with gold, diamonds, and uranium as well.

From the very beginning, from day one, scientists have flocked to Wyoming to explore our natural resources. Some of the first government- sponsored geological surveys took place in what is now Yellowstone National Park. Today students and scholars come from around the world to study at the University of Wyoming. Yellowstone is one of the world's most treasured places to visit. More than 4 million people visited there this past year.

Once Congress created the Wyoming Territory, we lost no time in organizing and setting ourselves up as a model for the rest of the country. One of the first acts of new territorial legislature was to actually grant equal rights to women for the first time in American history. That is why Wyoming today is still known as the Equality State. Women served on juries. We had the first female justice of the peace. We had the first woman elected Governor of any State.

We are a small State by population, but when you look at these things that we have contributed throughout our history, you can see why we are very proud to call Wyoming home. Wyoming has always been a place where people are driven by hope and by optimism about the future. This optimism is an essential part of who we are today.

The polling company Gallup found recently that Wyoming is the most confident State in the country when it comes to America's economy. People in Wyoming are cheerful, they are upbeat, and they are optimistic.

One hundred fifty years ago, the Wyoming Territory was the frontier. The people of Wyoming still have that same pioneering spirit today. We are patriotic Americans. We work hard to care for our families, for our neighbors, and for our communities. I congratulate all of the people in the State of Wyoming today on this historic milestone. One hundred fifty years ago today, Congress acted to create the Wyoming Territory. That spirit of Wyoming and the culture of Wyoming have sustained us this whole time, and they will continue for many years into the future.

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