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tv   U.S. Senate U.S. Senate  CSPAN  April 23, 2018 3:00pm-4:34pm EDT

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america and in los angeles the number one solar city in america with middle-class jobs for folks who might have been in legacy industries without a college degree need to get back to work tomorrow. the worst of washington is doing isn't even their division and subtraction. it's the administration and republicans in congress -- >> the senate is gaveling industry taking live to the floor. you can watch the last few minutes of the fundraiser with mayor garcetti online at c-span .org. in the senate today debate on the nomination of kyle duncan to be a judge on the fifth circuit court which covers texas, louisiana and mississippi. about to advance the nomination is scheduled for 5:30 p.m. eastern. e senate will come to o. the chaplain, dr. barry black, will lead the senate in prayer. the chaplain: let us pray. our father in heaven, you clothe yourself with light, as with a
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robe. you spread the glorious heavens with your mighty hand. listen now to our prayers, and forgive us for our conscious and unconscious transgressions. lord, bless our lawmakers until all they do may find the goals you have inspired. may they live this day with a greater dedication to serve you and humanity. give them grace to fill every hour with an awareness of your love mercy and grace. we pray in your great name.
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amen. the president pro tempore: please join me in reciting the pledge of allegiance to our flag. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. the presiding officer: under the previous order, the leadership time is reserved. morning business is closed. under the previous order, the senate will proceed to executive session and resume consideration of the following nomination, which the clerk will report. the clerk: nomination, the
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judiciary. stuart kyle duncan of louisiana to be united states circuit judge for the fifth circuit.
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mr. mcconnell: mr. president. the presiding officer: majority leader. mr. mcconnell: today our colleagues on the foreign relations committee will vote to report the president's choice for the next secretary of state. it's really hard to imagine someone more thoroughly qualified than mike pompeo. his career is a success story on every single level. he graduated first in his class at west point, served as a u.s. army officer, and attended harvard law school. then came success in business and then mike's neighbors elected him to congress in 2010. that impressive resume explains why a little more than a year ago a large bipartisan majority of senators voted to confirm mike as c.i.a. director. his qualifications were
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perfectly obvious and by all accounts his track record at the c.i.a. shows that vote of confidence was exactly the right decision. he's demonstrated mass try of the daily briefings he both receives and delivers. his high-quality counsel on sensitive matters has won the confidence not only of our national clandestine service but also of the commander in chief. and he's returned our c.i.a. to the aggressive gathering of foreign intelligence. along the way, he's built a reputation for listening to all points of view, trusting career staff, treating everyone fairly, and acting decisively. in mike pompeo, the united states will have a chief diplomat who enjoys the total confidence of the president and who is uniquely qualified to reinvigorate our foreign service and represent our interests abroad. it's hard to imagine a better nominee for this mission at this
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moment than mike pompeo. i look forward to upholding the tradition of this body and voting to confirm him this week. the senate will also vote later this afternoon to advance the nomination of kyle duncan of louisiana to serve on the fifth circuit court of appeals. mr. duncan's legal credentials show the president has made another outstanding choice. with tkpraoes -- degrees from l.s.u. and columbia, he rose to serve as appellate chief in the louisiana office of attorney general. his accomplishments also extend to private practice where his work earned the respect of his colleagues and peers, including his opponents in court. a few weeks ago a law professor and litigator who sparred with duncan in a high-profile case wrote, kyle duncan is a magnificent nominee for the fifth circuit. his confirmation should be supported by all who value
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judges committed to fairness and scrupulous application of the law. and a bipartisan group of current and former state solicitors general wrote to our colleagues on the judiciary committee to praise his nomination. here's what they said. as frequent advocates in the u.s. court of appeals, we're well aacquainted with the qualifications and character ification that make good judges, including intellect, integrity, legal experience and temperament, all of which mr. duncan possesses in ample quantities. he went on to say we came to know him as a highly skilled lawyer with an easy-going demeanor and as someone we could routinely turn to for advice and interest on issues of mutual interest. even though we've worked for state attorneys general of different political stripes, we all agree that kyle duncan has the personal and professional
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qualities which should typify the federal judiciary. on the federal judiciary, awarded mr. duncan its highest rating of well qualified. i would urge every one of our colleagues to take his credentials, experience and bipartisan support into account. let's vote to advance the duncan nomination this afternoon. on another matter, for the last several weeks we've focused on the contrast between the economic policies that my democratic colleagues favor and the policies this republican president and republican congress have put into effect. under nearly a decade of democratic leadership, the american people saw slow and insufficient growth. for most workers and most industries, significant wage growth was nearly nonexistent and new opportunities were few and far between. the new prosperity that was created was spread unevenly across the country.
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metropolitan areas with more than a million residents did okay under democratic policies. big cities captured nearly three-quarters of the limited job growth and more than 90% of population growth between 2010 and 2016. but the rest of america fell further and further behind. year after year, rural america, suburban america, small town america, and small cities across the country saw almost no progress. that is not a record to be proud of, and it's not one that republicans would stand for. that's why we're implementing an inclusive opportunity agenda to get wages, opportunity, and prosperity growing again for all americans. we have cut job-killing red tape, passed historic tax relief for middle-class families, workers, and job creators, and it's delivering results for americans whom the obama economy
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simply left behind. i hear frequently from workers and small business owners in my state about how lifting these burdens is changing their lives, and i recently heard from senator grassley about the good things tax reform is doing in the state of iowa. in cushing, iowa, population 220, the athenson farm store is using the new tax code to raise workers' wages and give employees bonuses. across the state, the 162 full-time manufacturing workers at the dyersville dye cast are receiving their own tax reform bonuses. and iowa families will see lower heating and cooling bills since tax reform is letting the state's utility companies deliver $147 million in consumer savings. iowans should be proud that both of their u.s. senators voted for the historic reform that made all this possible. south of the border in missouri, it's a different story.
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therethere, too, tax reform is g win for working families and small businesses, from big employers like walmart to local businesses like metal forming, missouri workers are reaping the benefits. but unfortunately only one of the missouri senators voted for it. the state's senior senator voted on strict party line to block these historic tax cuts from reaching workers and families. maybe my democratic colleagues still prefer the left-wing policy playbook that funnels problems and prosperity into the biggest and richest cities but does very little for states like missouri and iowa. i'm proud republicans are taking things in a different direction, and all kinds of americans are doing better because of it. i suggest the absence of a quorum. the presiding officer: the clerk will call the roll.
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quorum call:
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quorum call:
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the presiding officer: the senator for montana. a senator: i ask that the quorum call be vitiated. the presiding officer: without objection. mr. daines: mr. president, today marks the start of national parks week. as a fifth generation montanan,
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someone who dwriew up in bozman -- grew up in boozman, just a short drive from america's first national park, yellowstone, i'm excited to sell wrait the -- celebrate the parks so special to so many. in montana, hiking, backpacking, fishing, white water rafting is a way of life. i spent as much time outdoors as possible and i still continue that tradition with my children today. in fact, my idea of a great time in august is taking our dogs, as many of our kids that we can get together according to their schedules anymore, and we take our backpacks enjoying montana's outdoors. as a father, i'm grateful to share these experiences with our four children and instill in them a love for the outdoors. and, frankly, what better place
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to do that and enjoy the outdoors than in our national parks? and while montana is privileged to have two world famous national parks in glacier and yellowstone, national parks are the pride of so many states from florida to colorado to maine. speaking of maine, i'm very glad to have partnered with my colleague from maine in leading this week as well as with an a i decisional 26 -- an additional 26 of our colleagues from around the country supporting this bill. i'm pleased that we'll have the opportunity to recognize the tremendous value that our national parks bring to so many. and as this week begins, i have one challenge for everyone. i challenge you to find time in your schedules and visit a national park. our national parks are what
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makes us distinctly american. in fact, you can go to findyourpark.com and you can find the closest park to you. i sure hope to see all of you out there sometime this year. and with that, i would like to turn it over to my colleague, my friend, the former governor of maine and now the senator of maine, angus king who joined me in leading national park week. mr. king: i want to thank my distinguished colleague, mr. president. i want to join in the chairman of the subcommittee on national parks of the committee on energy and natural resources senator daines to support this resolution which passed unanimously last week recognizing this week as national park week in this country. when i left office as governor of maine in january of 2003, my
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family and i the next day took off in a 40-foot r.v. to see the country. my children were 12 and 9 at the time, and we basically sir cup navigated -- circumnavigated america over the next five and a half months. before coming to the floor, i sort of went down the list of the parks we went to but the point i want to make -- i get a bit emotional about this. this was the greatest experience of my life to have taken my children to these parks and my wife, halfy, and to have -- wife, mary, and to have seen them and experience the people at the parks was just an awn believable -- anunbelievable life experience. we went to arches, badland, big bend in texas. by the way, one of the most beautiful places in the country,
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one of the least visited national parks. bryce canyon, canyonlands, capital reef, carlsbad, the grand canyon, of course, every american should see the grand canyon. no picture, no movie, no helicopter movie. nothing can prepare you for the grand canyon. mesa verde, olympic national park in the state of washington, the redwoods and the sacoyas in california. shenandoah just a few hours from here. st. john in the virgin island, yellowstone, yosemite and zion. these are gems. it's become a commonplace to reference ken burns' statement that the national parkers america's best idea -- parks are america's best idea. starting with yellowstone but spreading across the country and they mark our history. they mark our tremendous natural resources. and they are just pure inspiration.
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i hope that our colleagues can go - if only for one day. if you have one day, you can leave washington and be in front royal, virginia in an hour and a half and drive down the then dough -- down the shenandoah parkway and be to the national park. these parks are every place. there are so many gorgeous and extraordinary places among this system. in maine we have two -- one is a national park. one is a national monument. we have arcadia national park which is the fifth most visited national park in the country. and it's enormously important. these parks are not only important to our spiritual well-being and the ability of our people to enjoy the wonders of this country, but they're also economically important. arcadia, for example, has about three and a half million visitors a year. to put that in perspective,
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maine has a population of 1.3 million. so almost three times the population of maine visits arcadia every year. the estimate is 386 -- $386 million of direct economic benefit to our state, 4,200 jobs. it is a magnet. it is a monument that draws people into our state and it is indeed one of the most spectacular places in america. i've been there many, many times. and from the top of cadillac mountain to a place they call thunder hole, it is just a gem of a place. now, that's on the ocean. arcadia is on an island just off the coast of maine. but we just had a monument established about three years ago called cak t called katocgid waters. it's a place important for visitors and imbolick of places
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across the country. it's inland. it's on a river. it's mountain views. it's the forest. it's inland maine which represents so much of what our country looked like many years ago. these places are deeply important to our country. i want to join my colleague in challenging all of our colleagues to visit the national parks. it's not only the physical nature, the physical attraction of a place like the grand canyon, but it's also the people. i will never forget taking our children to kitty hawk on that r.v. trip, and we had a guide who knew everything there was to know about the wright brothers. and he engaged our kids in a way that i hadn't seen. this was education of the highest sort. and the people in these parks are dedicated. they know their stuff. and they are -- they make the
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experience so dramatic and real for all the members of a family. so we have work to do here in this body. we have a backlog of maintenance on our parks that the senator from montana and i are working on along with senator alexander and senator heinrich and others to try to find a solution to this maintenance backlog. we do have work to do. we're working with the parks to bring their admission system into the 20th century in terms of online access -- 21st century i should have said -- in terms of online access for park passes, but there is plenty of work to be done, but the underlying assets are so magnificent. and they're so important to our country economically, culturally, socially, and spirtually that i'm proud to have joined my colleague in sponsoring this resolution again
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which was passed unanimously and joining my colleague and inviting all of our colleagues and all americans to make it a point this year as the weather gets warmer to visit one of these magnificent places. you will be rewarded richly and the rewards will stay with us every day of your life. thank you, mr. president. i yield the floor and suggest the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:
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quorum call:
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mr. cornyn: madam president? the presiding officer: the majority whip. mr. cornyn: madam president, are we in a quorum call? the presiding officer: we are, senator. mr. cornyn: i would ask unanimous consent that the quorum call bees dispensed with. the presiding officer: without objection. mr. cornyn: madam president, article 2, section 2, of our nation's founding document grants the senate the prerogative to confirm the president's cabinet nominees. one of those nominees, the current administration's most important nominee -- at least today and this week -- is mike pompeo, the current director of the central intelligence agency. director pompeo has been asked to become the nation's chief diplomat, the secretary of state, and now filling this post is entirely up to the united states senate. the relevant questions couldn't be graver or more obvious. do we as a country, with so many
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long-standing relationships around the world, really feel the need for, the utter necessity of a secretary of state or not? do we believe in furthering international diplomacy by filling this post expeditiously or not? do peace talks -- for example, in north korea -- rank among our highest national priorities? do we want to demonstrate as much by confirming mr. pompeo so that those talks can proceed, or is this chamber too self-absorbed in partisan divides to see the much bigger global picture? madam president, it's time to be serious about director pompeo and what this nomination represents. the stakes are high and the time is short. so why is it then that some of our colleagues all of a sudden seem to have suffered from sort of a situational amnesia? take this, for example.
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our colleague from new hampshire said last year that mike pompeo's nomination for c.i.a. director demonstrated his strong condemnation of russian aggression and it gives her confidence that he can step into this role and effectively lead the central intelligence agency. but now she seems to have forgotten those previous positive statements and, frankly, it is hard to reconcile what she's saying now about secretary of state nominee's -- her vote on the nominee for secretary of state and her vote on the director of central intelligence agency. now our friend from new hampshire says she has depend concerns and cannot support director pompeo's nomination for
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the state department. how is it that you support a nomination to be director of the central intelligence agency, the lead -- the leader of the intelligence community and agency so important to our national security interests and then turn around and say you cannot support the nominee to secretary of state of the same person that you've just spoken so highly about? well, like i said, it is hard for me to reconcile the differences. perhaps that would make sense if there was some allegation that director pompeo had done a bad job leading the c.i.a., but no one thinks that. indeed, we've learned from leaks, unfortunately, that he traveled to meet with kim jong-un, the leader of north korea, to lay the foundation for the talks that will now occur between kim jong-un and president trump on
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denuclearizing the korean peninsula. i can't imagine a more urgent, a more dangerous, and a more necessary negotiation than the negotiation between president trump and kim jong-un, having been in seoul last september and seeing how close north and south korea are. and it's not just the nuclear weapons that could be put on intercontinental ballistic missile weapons we have to be concerned about, it is the weapons right that on the demilitarized zone that could cause loss of life. so i applaud director pompeo going at president trump's request in that clandestine mission to try to pave the way to denuclearize north korea. so, if anything, my confidence in director pompeo's fitness to
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serve as secretary of state is enhanced by his role as a diplomat, even during his current role as director of the c.i.a. well, people are practically unanimous in their praise for mike pompeo's conduct as director of the central intelligence agency. it's public knowledge that he has great rapport with the president, something when you're representing the united states government to foreign governments, the knowledge that the secretary of state has a close working relationship with the president of the united states is the coin of the realm. that's why foreign leaders talk to the secretary of state and take the secretary of state seriously. mike pompeo has earned the president's trust through his hard work and mastery of the intelligence work done at the c.i.a., and that has been the reason why the president now seeks to elevate him to the
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office of secretary of state. but the observations of our colleague -- but the objections of our colleague from new hampshire, and by extension her party, are not about anything substancive. nobody is pointing to something he did wrong or something they wish he would have done differently as a reason to vote no. they think director pompeo is too close to the president and asked whether and to what extent the director will be able to exercise independent judgment. this is the chief diplomat of the united states, the chief representative of the president of the united states, and our colleagues are asking, how can he exercise independent judgment and separate himself from the person who appoints him and at whose pleasure he serves? it just doesn't make any sense. our other colleague, the senior senator from california, has come close to saying this very thing. she has said -- and i quote,
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about director pompeo, she said, he's smart, hardwork being, and devoted to protecting our country. this is our colleague from california, senator feinstein, voting to confirm him as director of central intelligence agency. and she knows a lot about it, having been chair of the intelligence community here -- of the committee here in the united states senate. but now she says she senses a certain disdain for diplomacy in mike pompeo that she believed disqualifies him to be our senior diplomat. this is the same person who over easter flew over to see kim jong-un and to lay the groundwork for this negotiation, which could well save hundreds of thousands, maybe millions, of lives. that would be lost in the event
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there was military conflict between north and south korea and our other -- the u.s. and other allies. now, like our friend from new hampshire, i admire the senator from california and enjoy working with her. but frankly i don't understand her turnabout. mike pompeo is careful, thoughtful, and has a remarkable ability to see the world through multiple lenses at once. that's because of his time at west point, his service in the united states army, and his experience practicing as a lawyer. it's because he's worked as a leader in business, and he's representing the men and women of kansas and congress and he knows the intelligence community inside and out, not only from his service as director of the central intelligence agency but also as a member of the house select committee on intelligence. he's undisdisputably smart, and he sees all the angers. that's precise -- and he sees
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all the angles. that's precisely what will help him resolve some of the most untractable of issues, human rights, and religious freedom. what's happened since our friend from california said pompeo is smart, hardworking and devoted to protecting our country? well, nothing has changed. except for perhaps the political calculation that it's perhaps in the democratic party's best political interest to oppose every one of president trump's policies and nominees because that way they stay out of trouble with their political base. but one reason senators are elected for six years from a whole state is presumably we can get beyond those sort of parochial, political concerns, particularly on matters of such
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national and international import. our democratic colleagues have made it no secret that they are not fond of the president and some of his instincts and decisions is. but isn't that all the more reason for them to not sacrifice rational judgment in the case of this highly qualified and widely revered nominee? after all, defeating a secretary of state nominee would be extraordinary, historically speaking, and it would send a terrible message to our friends and allies around the world. this is nothing to be trifled with. president george w. bush's first nominee, colin powell, was confirmed by unanimous voice vote. and condoleezza rice had 85 senators vote in her favor. hillary clinton received only two no votes and john kerry only three. every secretary of state nominee since 1925 has been reported out of the senate foreign relations
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committee favorably. that may change today. this body and this institution should not forget its own history and traditions, and we should not give up on the tradition of bipartisanship and good will and fairness to the opposition. i'm proud to support mike pompeo as our next secretary of state and hope that all of our colleagues across the highly will have the political courage to join those of us voting yes. i note there have been some press releases and some announcements and a number of our colleagues have stepped forward and said they will vote yes for mike pompeo as secretary of state, and i applaud them and their political courage for standing against the tide. and for those who refuse, especially for the ones who flip-flopped in the matter of a year on mike pompeo as a human being, as a public servant, and
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as somebody well-trained and well-prepared to be the nation's top diplomat, i just simply don't understand how they can reconcile those two polar opposite positions. but perhaps they can explain it to the american people. i cannot. madam president, i'd yield the floor. and i note the absence of a quorum. the presiding officer: the clerk will call the roll. quorum call:
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quorum call:
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a senator: madam president? the presiding officer: the senator from oregon. mr. merkley: madam president, i ask the quorum call be lifted. the presiding officer: without objection. mr. merkley: thank you. the panel of our constitution lays out a vision that includes establishing justice and promoting the general welfare. certainly we have the challenge in america of making sure the doors of opportunity are wide open, not slammed shut.
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and for centuries we've been working to try to make sure that that vision comes into full realization. but today we're considering the nomination of stuart kyle duncan to a lifetime appointment of the fifth circuit court of appeals, and this individual is not supportive of our constitutional vision of open doors. he's intent on slamming them shut. slamming them shut on lgbtq community, slamming them shut for women seeking reproductive rights and health care. slamming opportunity shut on those who simply wish to vote in america, a fulfillment of the vision of our constitutional democratic republic. slamming the doors shut on those that are here, have been here legally or who are seeking to
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become citizens. mr. duncan is probably best known for his work on burwell versus hobby lobby, the landmark case opposing the a.c.a.'s requirements that employers provide insurance coverage opportunity for contraception and for undermining the health care of countless women across america. now you might say, well, didn't his side of this case win in the courts. well, not for the reasons that this individual put forward. the court rejected the arguments that kyle duncan made. he refused to acknowledge the importance of birth control to women's lives arguing the government does not have a compelling interest to ensuring access to birth control without cost sharing. and the court said that's wrong. the government does have a compelling interest.
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mr. duncan argued that the court was not required to consider the impact of this law or the possibility of overturning it on employees under the religious freedom restoration act. and every member of the court -- every single member of the court , whether in the minority or in the majority opinion threw out that argument refirming it it -- reaffirming burdens on third parties must be considered. the court soundly rejected his arguments and his reasoning. after hobby lobby, he wrote an amicus brief in zubic versus burwell on behalf of eternal world vision television network, a nonprofit that was seeking an exemption from the a.c.a. birth control benefit. he made some of those same arguments again. and again the court rejected his
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reasoning and directed the government and all parties involved to arrive at an approach that ensures women receive full coverage, including contraceptive coverage. so it's certainly a concern to have a nominee who wants to slam the doors shut on the freedom of women to access the reproductive health that they desire. but there's more door slamming here than that. ez an ardent -- he is an ardent opponent to equality and opportunity for the lgbt community here in the united states of america. he is recognized as one of our nation's leading opponents of opportunity for the lgbtq community. he authored legal briefs
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opposing marriage equality in obergefeld versus hodges going so far as to question the legitimacy of the supreme court when the court came down saying that love is love and marriage equality is the law of the land under the constitution of the united states of america. he called the decision an abject failure. what kind of fairness do you anticipate before a judge ardently opposed to the freedom of opportunity for lgbtq americans, who condemns a previous decision of the supreme court as an abject failure, who said that this decision would imperil civic peace. he said that,, and i quote, no one can possibly predict with any degree of confidence what are all the possible ramifications for a society that are going to take place. he said no one could have predicted all the social pathologies from no-fault divorce and that this is a far
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more radical change. he said that harms to our democracy for marriage equality would be severe, unavoidable and irreversible. certainly he wanted to slam the door on marriage opportunity for lgbtq americans, but he made an outrageous argument that the concern of others should enable his court as he envisioned it to deprive americans of the opportunity to marry the individual they love. no concern of the constitution. just that some folks might find it uncomfortable and extensive, hyperbolic, hysterical argument that it would completely debase society for people to be with the person they love. his attacks against the lgbtq community go on and on from introducing expert declarations
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in one case that characterize transgender americans as, quote, delusional. if you've been characterized as tkaougsal based on -- delusional based on who you are and who you love what fairness can you expect from him? he fought parental rights to women who adopted the children of her same-sex partner, the children she helped raise for eight years. clearly this individual is interested in right-wing opportunity denying legislation from the bench. not protecting the vision of opportunity embedded in our constitution. all that doesn't even touch on some of his other efforts. his effort to make it difficult for communities of color or communities of modest economic means to be able to vote in the united states of america. if you believe in a constitution of the united states, you should be a fierce advocate for voting
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empowerment and participation, not voter suppression. but this individual is a fierce advocate for voter suppression. isn't it right to have people confirmed to the bench and lifetime appointed who actually admire the vision of our constitution for opportunity and for citizen engagement. not one who wants to tear down opportunity, slam doors on opportunity, and stop people from voting. and that's not all. there's more. there's -- his attacks on deferred action for parents of americans in which he flaunted stereotypes about immigrants echoing his comments saying violent criminals would be eligible under dapa standards.
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it's kind of last refuge of a scandal of on individual to proceed to attack our immigrants, saying oh, they might all end up being criminals. completely contrary to the facts where immigrants are far more law-abiding than the vast average among americans born here in the united states. isn't the case that we are a nation of immigrants. unless you're 100% native american indian, then you are here because you emigrated or your parents emigrated or your ancestors at some level emigrated generations ago. so basically descending to attack immigrants as all criminals is another example of this individual's unsuitability
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to serve on the bench. we are a we the people nation founded on equality, justice, and opportunity for all. our nation is about opening doors for each individual to participate to the full degree of their talent, not to have the prejudices of some, allow them to slam doors on others. that's why this individual, stuart kyle duncan, should never be on the floor of the senate, be confirmed as a judge in the united states of america. let him carry on his advocacy outside the hallowed halls of the courtroom, but not inside, sitting on the bench. that's why everyone here tonight should vote against confirming this nomination. thank you, mr. president -- madam president.
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