Executive Session
Floor Speech
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Ms. HASSAN. Mr. President, I rise today to join my colleagues in expressing my opposition to Judge Kavanaugh's nomination. I will speak later in the evening about my overall assessment of Judge Kavanaugh's record and nomination and about why I think some of my colleagues on the other side of the aisle are focusing on the wrong thing in deciding to support him.
To echo my colleague from Michigan just now, no one has a right to a seat on the U.S. Supreme Court. What we should be focused on is that the country has a right to an impartial, nonpartisan U.S. Supreme Court. They have a right to Justices whose character and fitness for the office is beyond reproach and beyond doubt. Despite everything I have heard from Judge Kavanaugh's supporters, I do not think they can make that case.
My purpose in speaking right now is to express my deep concerns with Judge Kavanaugh's record of ruling against access to healthcare.
If confirmed, Judge Kavanaugh will be a deciding factor in the lives and livelihoods of millions of Americans. Yet, time and again, he has demonstrated a commitment to a partisan agenda that would strip away care from some of our most vulnerable people.
As recently as 2017, Judge Kavanaugh criticized Chief Justice Roberts' decision upholding the Affordable Care Act, and in his confirmation hearing, Judge Kavanaugh would not commit to upholding legal protections for people with preexisting conditions--preexisting conditions such as asthma, cancer, diabetes, and more.
Confirming Judge Kavanaugh to the Supreme Court would put those protections at risk. I have heard from people across New Hampshire who are concerned about what will happen to them if they are denied coverage because of their preexisting condition. People like Kristen from Derry, NH. Kristen relies on medications that cost more than $1,200 every month to stay healthy, but if she lost her insurance because of her preexisting condition, she would not be able to afford that medication. Kristen said:
I wouldn't be able to breathe correctly. My COPD would worsen. My current standard of living--working full time as a social worker, a runner, active with my children--would quickly come to an end.
That is what is at stake with this vote.
Republican attorneys general, backed by the Trump administration, are suing to eliminate protections for preexisting conditions. This case will soon be in front of the Supreme Court, and the next Supreme Court Justice could very well be the deciding vote in that decision.
We need a Justice who would rise above partisanship, someone who will act impartially and rule on behalf of what is right for the American people. It is evident Judge Kavanaugh is not that person, and there is no reason to believe he would be an impartial arbiter when it comes to issues related to healthcare.
Throughout this confirmation process, Judge Kavanaugh has revealed himself to be staunchly partisan, and never was that more clear than during his hearing on the allegations raised by Dr. Christine Blasey Ford.
During that hearing, he called those credible allegations against him ``revenge on behalf of the Clintons'' and seemed to threaten his political enemies by saying: ``What goes around comes around.''
There is ample reason to believe that Judge Kavanaugh would be an ally on the Supreme Court for the Trump administration and Republicans in Congress who are seeking to undermine our healthcare system, and for the health and well-being of Granite Staters and all Americans, I cannot support his nomination.
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Ms. HASSAN. Mr. President, I rise to join Senator Duckworth and Senator King and so many of my colleagues in opposing Judge Brett Kavanaugh's nomination to the Supreme Court.
One of the most solemn responsibilities of a U.S. Senator is providing advice and consent upon the President's nominating an individual to the Supreme Court. This is a duty and a decision that I do not take lightly. This is a lifetime appointment to the highest Court in our land, which will impact the lives of every single person in this country.
Supreme Court Justice is not a position that any person is entitled to. Any individual nominated to the Court must be subject to security on the totality of their record, their temperament, and their past actions.
Yet, throughout the process of this nomination, my colleagues in the majority have made clear that they will stop at nothing to get Judge Kavanaugh on the Court, no matter his record, no matter his temperament, no matter his character.
When Dr. Christine Blasey Ford's serious and credible allegations came to light, we saw a truly disturbing scene from both Judge Kavanaugh and my colleagues on the other side of this aisle. Judge Kavanaugh himself lashed out, claiming a political conspiracy against him, refusing to answer questions, and seemingly threatening those who raised serious, good-faith questions about his fitness. He said these words: ``What goes around, comes around.'' His behavior and his words reflected a partisan who sees those with whom he differs as enemies, not opponents.
While many of my colleagues in the majority praise Dr. Ford's bravery in sharing her story, and even agreed that her testimony was credible, they blocked any serious professional attempt to get to the facts.
I want to take a minute here to address one of the most disingenuous claims I have heard from the majority when it talks about Dr. Blasey Ford.
Over the last week, Members on the other side of the aisle have expressed concern and regret that Dr. Blasey Ford's letter outlining her allegations was leaked, forcing her story into public view. But the fact that Dr. Blasey Ford didn't choose if and when to reveal her allegation to the public does not relieve the U.S. Senate of its duty to pursue the truth or to treat Dr. Blasey Ford with the respect and compassion the majority says it feels for her, something it could simply demonstrate by acceding to her request for what normally happens after a report of sexual assault: a full investigation before the hearing.
I, too, will note that I watched and listened to Dr. Blasey Ford's testimony. I considered the additional evidence that would have particular weight in a court of law of her corroborating statements well prior to any suggestion that Brett Kavanaugh would ever be nominated to the Supreme Court of the United States. I compared her testimony to that of Judge Kavanaugh, and I believe Dr. Blasey Ford.
Even though the committee rejected the doctor's request for an investigation prior to the hearing, which would have been normal course, which would have produced a much more meaningful and insightful and fact-based hearing, I was hopeful when it was announced last week that the nomination process would be paused for the FBI to investigate Dr. Blasey Ford's allegations. I was so hopeful that there would be a thorough, intensive process in order to get to the truth.
But after reading the FBI report that was presented to Senators, it is clear that the FBI was not allowed to conduct a serious investigation.
I am an attorney, and I have to say that any good attorney allowed to read the FBI's supplemental background investigation--what we have been calling the report here--would tell you that it is not the type of comprehensive investigation that could lead to the truth. The limited scope of the investigation produced a sham.
Let me be clear. Nothing in the FBI report exonerated Judge Kavanaugh. It wasn't comprehensive enough to prove or disprove Dr. Blasey Ford's allegations or Judge Kavanaugh's denials. It was clearly designed just to provide cover so that the majority could vote yes and jam this nomination through.
Even before Dr. Ford bravely stepped forward with her allegations of sexual assault, I had concluded that Judge Kavanaugh's nomination should not go forward, that Judge Kavanaugh did not belong on the Supreme Court of the United States.
Having reviewed his record and hearing his testimony before the Senate Judiciary Committee, it is evident that he does not have the impartiality that is required to serve on the Supreme Court. His record shows that he is a partisan who promotes a partisan rightwing ideology deeply at odds with the will of the American people.
On issue after issue, Judge Kavanaugh has promoted a judicial philosophy that diminishes the rights of individuals, particularly women, and puts corporations before people.
On healthcare, Judge Kavanaugh's agenda has been clear. As recently as October 2017, Judge Kavanaugh criticized Chief Justice Roberts' decision to uphold the Affordable Care Act. In his confirmation hearing, Judge Kavanaugh would not commit to upholding protections for people who have preexisting conditions, such as asthma, cancer, diabetes, and more.
The Trump administration and the majority in Congress have been relentless in their attempts to sabotage our healthcare system, underscoring the need to have a Supreme Court that would rise above partisanship, but Judge Kavanaugh will not do that.
On the issue of reproductive rights and a woman's right to chart her own destiny, Judge Kavanaugh has repeatedly tried to dodge and mislead, but none of his judicial opinions or comments indicate that he believes Roe v. Wade was rightly decided or that he would respect Roe's precedent if he had the opportunity to do so.
With Judge Kavanaugh on the Bench, Roe and the personal, economic, and reproductive freedom that it has delivered to women is directly threatened.
When it comes to checks and balances on the President's power, Judge Kavanaugh's record and opinions are also extremely concerning, particularly given that a clear pattern of criminality continues to emerge from the Mueller investigation.
Judge Kavanaugh has a history of supporting an unchecked Presidency. He has written that Presidents should be essentially above the law by claiming that they should not be the subject of civil lawsuits, criminal prosecutions, or even criminal investigations.
During his hearing, Judge Kavanaugh refused to commit to recusing himself from matters involving investigations of the very President who nominated him. Especially at a time like this, it is too dangerous to place a Justice on the Supreme Court who believes in virtually no checks on a President's power, but it appears that the majority is committed to doing just that.
This nomination has been an outrage, and the way it has been handled is a failure of this institution. The majority has put the interests of its party and a nominee who has made clear he will serve those interests before the interests of the court and the country. The nominee, who will apparently--given today's developments--be confirmed tomorrow, is without the character or temperament needed to serve on the Supreme Court without the credibility that the American people deserve. He is, in fact, the antithesis of that impartial arbiter that a Supreme Court Justice has to be.
The people of New Hampshire deserve better. The people of the United States of America deserve better. That is why I will be voting no on Brett Kavanaugh's nomination tomorrow, and I would urge all my colleagues on both sides of the aisle to do the same.
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