Judicial Nominations

Floor Speech

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Ms. HIRONO. Madam President, if this week has shown us anything, it is that courts matter. In three important decisions over 2 days, the Supreme Court majority endorsed Donald Trump's bigotry and handed him the power to exclude any group of people for any reason, as long as he couches it as a national security matter.

Justice Alito led a narrow majority in a concerted effort to destroy unions--in this case, public sector unions--and Justice Thomas told States that they cannot tell women what reproductive services are available to them.

We have also seen a Federal trial court judge in San Diego, who combined his understanding of the law with his capacity for human kindness, order that children who were separated from their parents at the southern border be reunited with them in short order.

We have seen the Third Circuit Court of Appeals rule in favor of transgender public school students being able to use the bathrooms that match their gender identity.

The work that judges do affects the real lives of people living and working in this country--people who are trying to care for their families, to serve their country, to earn a living; people who count on us here in Congress to make sure that they are safe and that their rights are protected. In the Judiciary Committee on which I sit, that responsibility is normally never greater than when we consider a nomination to the U.S. Supreme Court.

These are not normal times. When we have a President who avows that the Supreme Court should always be Republican, ignoring the independent role of the Court, the Senate's advice and consent process is even more crucial.

Take a look at the President's tweet. He believes the Supreme Court is an extension of his political party. Last March, he reiterated: ``We need more Republicans in 2018,'' he said, ``and must ALWAYS''--he likes to capitalize--``ALWAYS hold the Supreme Court!'' Any nominee from this President comes to us with this taint attached.

The President is not the only one to politicize the courts. Neil Gorsuch would never have made it to the Supreme Court if not for the majority leader, whose proudest achievement, according to him, is Neil Gorsuch's confirmation to the U.S. Supreme Court.

There is no question that the majority leader wants to ensure a conservative majority on the Supreme Court to upend the fundamental rights of millions of Americans. It started in 2016 when he refused to even meet with the President's Supreme Court nominee and would not grant him a hearing. The majority leader held this seat hostage precisely because he wanted someone who would serve as a rubberstamp for his radical conservative agenda.

Here is what Mitch McConnell said when he did this. He said that the American people should have a voice in the selection of their next Court Justice. Under the McConnell rule, this vacancy created by Justice Kennedy's resignation and retirement should be treated no differently.

If the people's voice should have been heard in 2016, it is no less important now, because these are clearly not normal times. On Tuesday-- the same day the Supreme Court ruled that the President could discriminate against people coming to our country on the basis of religion--the majority leader tweeted this picture of himself with Neil Gorsuch.

The message is clear. The twisted process got the Republicans just what they wanted, and they want to do it again. They want to keep doing it, and we should not let them.

Democrats should do everything we can to ensure that the Supreme Court stays independent and protects fundamental rights and values. The American people certainly deserve no less.

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