tv Key Capitol Hill Hearings CSPAN November 4, 2016 2:00pm-4:01pm EDT
2:00 pm
moreesult is lawyers are inclined to focus on legal texts and the proper version of judges within our and as more and more young lawyers are trained in this way, the profession naturally shifts as well. this trend parallels changes in .he judiciary good lawyers always shake their arguments to what judges unpersuasive and judges in the post-scalia world are less likely to be. influenced live policy considerations, general notions of congressional purpose, or legislative history and more likely to focus on the .ext they have been given all of this has affected the profession, but with one caveat from justice scalia himself. as he was quick to tell us with a smile, not all judges shared all of his views and ultimately a lawyer's duty is to his or her client, not to advance that lawyers view of what the law should be. so he would bellow, even if you
2:01 pm
would not accept an outcome driven by a non-textual met apology, you have got to make the argument. changedscalia also lawyering by pressing hard by pressing hard for clarification of the underlying law. over the years, he left his mark on virtually every subject covered by federal law, including copyright, securities, civil and criminal procedure, and a litany of other areas that he would try, as he would say, to clean up, by returning them to their contextual roots. i will give you one example with bankruptcy. before him, the courts were seen unbound by the operative statutes. the field was highly specialized with only certain lawyers seen as qualified to navigate the unique and often unwritten rules that governed in those courts. justice scalia resisted this view, thinking after all, bankruptcy laws are statutes like any other, and should be subject to the same methodology.
2:02 pm
over the years, the influence of his textual approach has made the bankruptcy practice more predictable, evenhanded, and open to nonspecialists. the same is true for other areas of federal law. deeply grateful to have had a chance not only to assist the justice scalia in this court nationally but to become part of his extended family. justice scalia has scores of children and controlled into don't on, but somehow he found the time and energy to become the father figure to his 100-plus clerks, rejoicing in our successes, reaching out in times of difficulty, and genuinely relishing the company of what he affectionately called his clerk aratti. we have all been blessed over the years to know mrs. scalia, who has likewise welcomed into the extended scalia family us clerks and our children, a group the justice sometimes called the grand kirks -- clerks.
2:03 pm
my kids still talk about the day that we visited the chambers and mrs. korea and serve brownies she had made, well justice scalia allow them to sit at his huge desk. one unexpected area in which the justice influenced me was on matters of faith. and during our clerkship, the issue of personal faith was rarely, if ever, discussed. it certainly never entered into our discussions cases even th ough some cases involved a religious class of constitution. justice scalia approach these cases like he did any other, by reference to the text and the history of the relevant constitutional provision. but later i came to appreciate the justices faith through other means. my own spiritual path had let me to catholicism, so this became another reason to engage in justice scalia. having learned from him on matters of legal meaning, i began to understand the depth and breadth of his faith and
2:04 pm
effect that he brought the same intellectual passion and discipline to such matters as he did to legal issues. although his faith never affected his judicial reasoning, there were certain parallels, most notably, the centrality of text within is appropriate hierarchy, deep intellectual traditions, a believe in right and wrong, and the existence of objective truth, and the richness and relevance of historical tradition. the strength of justice scalia's fate, like that of his intellect and a legal vision, was profoundly humbling to me and others who engaged him on the topic. scalia'st of justice fate is relevant to his passing, so i wanted to share it with his group today. justice scalia always said that he knew his life on earth could end in an instant without warning. his faith caught him to be prepared for that moment. it was his job to be ready when the time came, and if he was
2:05 pm
ready, he had no need to fear. for that reason, what he would ask from us is not to fight against his passing, but to pray for him and take solace in his faith. that solace is welcome for the members of his clerk family who have more his loss as he went out of the parent, as well as a beloved legal hero and mentor. although we miss justice scalia tti are, we clerkara strengthened by our memory, strengthening bonds with each other, with the scalia family, and the knowledge that his deep and abiding faith will guide him from here. thank you. >> thank you, kristin. our next speaker is professor brad clark, they will grant professor of law at the george washington university school of law. brad is also a law clerk of the
2:06 pm
1989 term, the same as kristin. brad: thank you, paul. i clerk for justice scalia during 1989 terms. i'm here to represent the justices clerks that became professors, of whom there are many. in fact, no fewer than 28 of us now teach at law schools around the country, including harvard, yale, columbia, nyu, michigan, virginia, vanderbilt, notre dame, and i could go on. at first i was surprised at how many of us chose this path but at the risk of scaring off hiring committees that might consider scalia clerks in the future, i suspect our numbers reflect the justices influence .n us before becoming a judge, justice scalia was a tenured law professor at both the university of virginia and university of
2:07 pm
chicago. he loved teaching, perhaps because he loved ideas, and he understood their power. in fact, he once told me that law professors have the greatest impact through teaching rather than scholarship. justice scalia never stopped teaching. anyone who clerk for him knows this firsthand. justice scalia love to argue about law. to mix it up in the way the good law professors do with her students. in any case, he would meet with his clerks before and after oral arguments to discuss the issues. he didn't want us to come in there and just agree with him. that would not have been fun or helpful. he valued analytical rigor and principal decision-making and encouraged us to push back when we disagree with him. certainly, when he thought us wrong, he made it a teaching moment, showing us the error of our ways. sometimes he did it in latin. [laughter]
2:08 pm
occasionally, however, we actually managed to convince him that his initial take on a case was mistaken. in these cases, justice scalia did not mind being proven wrong. he wanted us to question, to test his views, and help him get it right. in the process, justice scalia taunus something else, that this was not personal, that this was not about his ego or ours. net we should be open-minded and go for principle, rather than where expediency took us. justice scalia's influence went far beyond what he taught his law clerks. he also taught generations of law students through his opinions. my students always find his clear, vivid, and direct writing style to be both gripping and accessible. this is true whether or not they were inclined to agree with him to begin with. perhaps because students are usually primed to disagree with the justice scalia come in his opinions routinely meet their expectations.
2:09 pm
they well students with their common sense, they're entertaining prose, and their commitment to principle. this is true not only in the blockbusters, but also in relatively monday in cases. how could somebody ignore an opinion exploding that a loose additional balancing task is like asking whether a particular line is longer than a particular rock is heavy? students got his points. justice scalia's textualism and the regionalism reshaped legal conversations in the classroom and in the courtrooms. when congress selects words to express his policies, he thought judges should follow those words . certainly, that was better than judges and their law clerks trying to imagine how 535 legislators and the president would have decided a case they never contemplated. in constitutional cases, unless the text included the political branches oflegislators and the t acting, he saw no a
2:10 pm
basis for the court to prefer its moral judgments over those of the people's elected representatives. the year i clerk for the justice, in a case seeking a wroteht to die, he the answers to life and death are not known to the nine justices of this court any better than they are to the nine people picked at random from the kansas city telephone directory. justice scalia changed the way we approach constitutional and statutory interpretation. in law professors who, by and large, did not like him, could not ignore it. they had to discuss justice scalia's views in class, and they wrote countless articles analyzing and critiquing his opinions. academic criticism did not faze justice scalia. it only reinforced his resolve to strengthen, to refine, and when appropriate, to reconsider his ideas. that is not to say justice scalia saw no role for legal scholarship.
2:11 pm
he encouraged us to do the kind of scholarship that might actually help lawyers and judges in their work. law has meaning only in context, and he knew the law's background principles and assumptions are easily lost or forgotten over time. in his view, law professors could provide a valuable service to the court and to the profession by recovering lost context and meaning. many of his clerks have taken this advice to heart. justice scalia also published lots of articles and books, and he loved to visit law schools. i think he saw these visits as an opportunity to bypass normal channels and speak directly with law students. these visits had an impact. when i started teaching at george washington university, i almost --at in 1990, more than a corner century ago, the justice had allowed us to record a lecture he had given on statutory legislation.
2:12 pm
every year, students taking the course are shown that and every year it helps us to read assess our long-held assumptions. he not only gave lectures, he also made it a point to visit ordinary classes. exchanges, justice scalia relish the idea to mix it up with law students. students always found his visit stimulating, educational, and even fun. after those visits, professors could not stop their students from talking about his ideas, no matter how hard they tried. gone, butelieve he is i know that his ideas will long outlast his days on earth. in part, that is because he was , buta powerful thinker
2:13 pm
it's also because he was such a great teacher. his firm belief that we should not be ruled by judges, and his simple idea that the best way to interpret a text is to read it,t it's also because he was such a great teacher, will continue to shape the way students, lawyers, and judges think about the law well into the future. now all of his clerks who teach law are of one mind. we do not all share a common legal philosophy or agree with everything justice scalia believed. but we all take with us his commitment to openness, to the power of ideas, to the value of debate and disagreement, to cherishing friends with whom we disagree, and to the idea that law, done right, is a matter of principle rather than expediency . it falls upon all of us then to keep that spirit, justice scalia's spirit, alive. >> thank you, brad. our next speaker is the honorable paul clement, who was
2:14 pm
the 43rd solicitor general of the united states. currently a partner at the law firm of kirkland and ellis, has argued over 80 cases in this court. i believe was the 1993 term. paul: i had my first oral argument before justice scalia almost 25 years ago, and it did not go well. he summoned me down from law school to interview for a law clerk edition, and after a brief exchange, he began to cover me with questions. my answers needed a lot of work. i don't know, i had not thought of that amending the most concise and truthful. somehow, the justice hired me. the next oral arguments with the justice came in chambers in what he called the clerk conferences.
2:15 pm
during which the law clerks and the justice would debate the upcoming weeks cases, often always passionately, and usually punctuated by the justice's infectious laugh. those conferences were among the highlights of the clerkship, and why not? the justice took our views seriously, expected us to speak up when we disagreed with him, and taught us a great deal about advocacy, law, and civil discourse. the results were career altering for the law clerks. once you have the opportunity to tangle with justice scalia, mano a mano, over difficult legal issues, very few subsequent experiences in the law rank as particularly intimidating. it is perhaps of no surprise then that so many of the justices, law clerks have returned to the court to present oral argument. in the last term alone, 11 of the justices former law clerks
2:16 pm
resented arguments in 22 different cases, meaning that the court heard from one of the justices law clerks in about one out of every three cases. as law clerks, we also have the incomparable experience of watching that amazing wordsmith take our draft and work his magic. he routinely was handed a stone and returned a sculpture. indeed, the transformation was generally so complete that i often wondered why he bothered to ask us for drafts at all. i strongly suspect it was because he had no idea how to format a new document on the computer. [laughter] the justices great gift as a writer was that his memorable turns of phrase or not just memorable, but they so perfectly captured the essence of the legal point he wanted to make. a central point of his morris in dissent was the independent
2:17 pm
counsel statute was noble and sheets clothing but a frontal assault on the separation of powers, hence, this wall comes as a wolf. this was a gift that he always had. i recently came across an article he wrote as a young associate professor on the subject of sovereign immunity and nonstatutory review of federal administrative actions, a potentially dry topic in the wrong hands. [laughter] but not in his. in making the point, the two phenomena, super -- superficially at odds, were actually mutually reinforcing, he evoke hope a child's astonishment at watching a tightrope walker for the first time. how marvelous that he should not only walk along such a narrow wire, but carrie and balance a long stick at the same time. the justice worked hard in chambers but he made plenty of time for other pursuits.
2:18 pm
his appetite for travel was legendary. one of my first calls from him as a law clerk came in from india, and he would occasionally armored from his office and black-tie, ready to go to an evening of socializing. to be thes privileged justice's clerk, i was also his designated racket clerk. as such, he was strictly drop by my desk in the afternoon, racket in hand. we occasionally played squash a few blocks from the court that his favorite game was tennis, and his favorite venue were clay courts near his home, which were particularly conducive to a self-described sicilian drop shot. since the courts were near his home, we would often try there separately, and although we left the building at the same time, he invariably arrived first. speedt came to the posted limits, he was no strict textual list. [laughter] we happy few who were privileged to clerk for the justice were transformed by the experience,
2:19 pm
but his influence went far beyond the clerkaratti. but judge had a transformative effect on the supreme court. his impact on statutory construction which is the bread and butter of what the court does was nothing short of copernican with the center of attention returned to the text. he likewise championed a focus on the text and original public meaning of the constitution and strove mightily to ensure that his methodology for interpreting both statutes and the constitution produce predictably legal results, even when they did not support with his policy preferences. his votes to vindicate the first amendment rights of flag burners are famous examples. but perhaps no area of justice scalia's jurisprudence gave rise thate phenomenon, one is near and dear to them, more than criminal law. on a personal level, antonin scalia, was a law and order kind
2:20 pm
of guy. sometimes that is friction his constitutional decisions. for example, he had no love for the exclusionary rule. but very often, justice scalia's commitment to textualism put him in the criminal defendants can't. youopinion in crawford idolize the competition clause fueled by vitamin to process concerns, he led the court's charge to eliminate the amorphous concept of services fraud and justice scalia's believe in the sixth amendment jury trial guarantee led him to join a host of opinions revolutionizing criminal sentencing. one such case involved the government effort to overturn a reduced sentence. the lower court had substantially reduce the defendant's sentence, so the defendant was able to attend the supreme court argument in person in the gallery. at one point, when justice scalia was peppering the government lawyer with questions, the defendant tell don his lawyers we've come pointed up to justice scalia and
2:21 pm
whispered, he so gets me. [laughter] indeed, while antonin scalia a, a law and order guy, may not have got the defendant, justice scalia, interpreting the text of his sixth amendment, most certainly did. justice scalia had a profound impact not only on the court's decision but on the way it conducts oral argument. in the 1970's and early 1980's, it was common for spring court advocates to be asked only a handful of questions during oral arguments. that changed when justice scalia joins the court. indeed, it changed on day one. the justice had obviously been told that there was something of a tradition that a new junior justice would allow more senior colleagues to lead off the questioning. while i'm sure it took enormous self-discipline, he waited a good 15 minutes into the argument before asking his first question. he then asked the next 10. and a total of 28 in the first
2:22 pm
argument as a justice. other justices eventually followed suit. let the new guy have all the fun. rings have never been the same for the court or for the advocates. arguments before the supreme court is now the art of answering questions. moot courts are no longer optional. justice scalia's questions were pointed and asked in his inimitable style, and the combined effect of his forceful presence, and distinct jurisprudence, created unique advocates -- challenges for the oral advocates. if legislative history favor the case, the advocate could not omit any discussion of the favorable committee report for the floor statement, but arrived prepared for the onslaught was coming. the president himself signed the committee report? how many members of congress heard that floor statement? you could not predict the precise form of the question, but you knew the question was coming. scalia's distinct jurisprudence meant that having
2:23 pm
the justice on your side in a case did not necessarily mean that you would be spared tough questioning, especially if you are urging an alternative means to the same end unit in a case where the government urged the court to deny taxpayer standing without squarely overruling, justice scalia, the courts foremost opponent of taxpayer standing, ask the government no less than 20 questions because he found the governments middleground decision incoherent. justices who actually disagreed with the government's bottom line had worked hard to get a word in edgewise. made orale time, he argument a lively affair, he made clear that it need not be dour. justice scalia injected humor into his colloquies with counsel and asked many questions with a twinkle in his eye. he was routinely rent the court's funniest justice as judged by the court reporters need to note laughter in the oral argument transcript. in the months that followed his passing, a made my first arguments to a supreme court that did not include justice
2:24 pm
scalia. he had been on the court for each of my previous arguments. his absence from the bench was palpable. as a prepared answers that he would not hear, and wrote briefs that he would not read, i was struck by how much over the years that i and other lawyers were writing and preparing for him. and that will not stop. justices opinions will continue to shape the way the law is taught and understood. he will continue to shape the way briefs are written in the way advocates prepare for oral arguments. let me close with my favorite exchange with justice goalie at oral argument. the case involved whether the court should extend an implied cause of action. the justice was not a fan of implied causes of action. or implied anything for that matter. and he criticized the courts practice and what he labeled the bad old days of inferring causes of action that appear nowhere in the inactive text. there was some confusion at
2:25 pm
argument about whether a particular court precedent was a product of those bad old days. justice scalia asked me when i thought the bad old days and did. my answer, then and now, was of course, the bad old days ended when you got on the court, mr. justice scalia. the justices nearly 30 years of service on this court were good days, indeed, both for the court and for everyone privilege enough to interact with justice antonin scalia. thank you. >> thank you, paul and brad mentioned, i don't think any member of the clerkaratti, as ,he justice like to call us will or really should, ever forget the honor of the lifetime to be in that room with him,
2:26 pm
locked in his private chambers, arguing about cases. it was a place where the only sense of hierarchy was that of law and reason and the best arguments. we were all very honored to be a part of those sessions. our next speaker is the honorable jeffrey sutton, united states court of appeals for the sixth circuit. jeff, i believe was a clerk in 1991. jeff: justice scalia would have been grateful for today's ceremony, but i wonder if you would have noted with his rise file one potentially awkward feature of it. isn't what we are doing with these remarks, this resolution, and this meeting of the bar
2:27 pm
uncomfortably close to one of his favorite targets in life? after-the-fact legislative history. tryinge not accuse of us to smuggle a from a set of submissions into the u.s. reports in order to varnish this or that part of his life to make it look like something it was not? happily for us, there is no such risk here. if there is one point on which we can all agree, it is that justice scalia led an unambiguous life. there is so much evidence, so much clear right text about where he stood about where he stood on just about everything. want to know about where he stood on statutory and constitutional interpretation? want to know his views about the canons of construction? want to know his views about the interaction of faith and law? check out his speeches on the topic. then there are his 870 opinions. for pizza, there has even been
2:28 pm
an opera are written about him and justice ginsburg. so there is little room today for lawyer of the construction or deconstruction or even an original song. but there is plenty of room for gratitude and admiration. start with the gratitude. lucky for me, no one in this hall knew me before i worked for justice scalia. let's just say i was not a promising candidate for arguing cases in this court or deciding cases in the court of appeals. i am indebted to justice scalia for giving me the legal skills and inspiration to reach for what should have been unreachable jobs. but i'm most grateful to him for something else. i have enjoyed every job i have had in the legal profession. how life-changing, how much fun to come across someone with such a spirit of curiosity, such a remarkable wit, and such fearless character. once you had a drink at that well, there was no turning back. if anybody knew how to inspire a young person to turn law into a
2:29 pm
calling, it was justice scalia. let me turn to the admiration. last 227 years confirm, it is a tricky business to aspire to a government of laws and not of men, and yet permit a small group of men and women to have the final say over cases that designed the meaning of the constitution and the rest of federal law. justice scalia took that dilemma had on and devoted a career to trying to reconcile the competing considerations. if there was one aspect of justice scalia's feared -- scalia seared into my mind, it is the value placed on ideas. the proper currency of law in his world was reasoned interpretation, not adding up to five power. it followed the good ideas, not the station of the judge or the advocate that came up with them, drove his approach to the courts were. that is not a bad thing for a lower court judge or for a legal system. it means everyone has the chance to influence the process and it
2:30 pm
means a legal culture that must be hierarchical in one way the not be hierarchical and always. a feature of our judiciary that is not only healthy but quintessentially american. all lower court judges, no matter their perspective, appreciated the clear quality of a justice scalia opinion. there are 851 authorized federal judgeships, and it is a truth not often other in this building that 842 of those judges do a good part of the work. how helpful it was to have a scully opinion in hand in addressing our caseload. you knew where the law stood when you read a majority opinion by justice scalia and with his clarity of thought and facility with language came transparency of message. to his everlasting credit, justice scalia's opinions that the world know how he should be judged. the justice left it'll done about how the scalia scorecard worked, what the benchmarks were for a fair decision in the case at hand, and for equal treatment
2:31 pm
between that case and the next one down the road. justicee thing to say is blind. it is quite another to prove it by treating seen and unseen cases alike. nole justice scalia was nonsense about doing his best to side cases impartially, he proved the task need not be dumb. try being a judge where the constitution may have called the superior in fewer judges. there is plenty of repetition and every time you do something interesting, it is subjected to review hearing. how are pressured to have a scully opinion to comfort and startle you. say what you will about the justice. his opinions never put anyone to sleep. some of his most engaging opinions, some of his best lines came in the most run of the cases be what a powerful example. instead of wondering what i had done to deserve the fate of deciding a dry as dust case, a scully opinion on the topic reminded me that there was
2:32 pm
nothing of the sort. no matter the stakes, he priced coherence always and his mind never seem to come to rest until each string of thought had come into tune. his commitment to the technical controversy showed that all cases great and small deserve the same rigor and care. all of this came easily to him, i suppose, because vibrant debate came naturally to him. i like to think of him as the chessmaster who come to the park on a saturday morning and is disappointed to see just 10 other players will in to take him on. even his first book, a matter of interpretation, is done most of italy in a debate format. he chose not to write a book about his views alone. he presented a theory of judging , then asked several prominent professors to challenge and, signaling confidence, humility, and transparency all at once. justice scalia said another important example. he invested time and friendships
2:33 pm
with colleagues, including those with whom he sometimes disagreed, even vigorously. it makes me happy that most lawyers in this country and nearly every judge knows that justice scalia attended one offer after another with justice ginsburg and taught justice kagan how to hunt. speaking strictly for myself, by the way, i'm not sure which was the greater example of good faith we geology. during 35 years worth of long, difficult to follow opera's, or teachings of potential avid teri hatcher use a gun. [laughter] i said some nice things about justice scalia and i can add a few more. he wrote like jackson and holmes, saw the long-term stakes like to justice marshall. but all of these talents would have been worthless, truth be told, potentially dangerous, if that is all there was to the justice. the indispensable thing to stay
2:34 pm
about justice scalia is that he passed the bedrock test of judicial character. he respected the line between law and personal opinion. that was never going to be an easy road traveled and not just because the justice had a few ideas about how the world should work. surely, someone as smart as justice scalia you have helpful it would have been to his legacy to bend his views now and then to accommodate public opinion or to be the go along to get along judge that he most assuredly was not. surely he knew how difficult it would be to persuade the public there was a difference between what a previously enacted text requires and what today's public furs. the judge who travels that road as he will learn will be misunderstood and will suffer a double dose of misapprehension. praise he does not want from some quarters and criticism he does not deserve from others. it is easy to miss something else about the justice. he did not want -- work alone.
2:35 pm
there is no justice scalia without mrs. scalia, and when you had to that his devoted family and abiding faith, it becomes clear why he was able to retain the courage of his convictions and the conscience to know when they were at risk. several years ago, justice scalia gave the eulogy in which he said a mentor of his had run a good race. in applying that idea, the justice, i must concur in the judgment, but not the reasoning. race,stice ran a great covering a lot of ground with pace, character, and flair, but instead of thinking about his life as a completed rice, i prefer to think of it as a critical leg of a relay. it warms my heart to think about the many people who have been and will be inspired by justice scalia and will pick up where he left off in ways large and small. it warms my heart to think of an argument at this court decades from now when justices will be asking questions and advocates will be answering them in ways
2:36 pm
influence my ways justice scalia did that seeped into the deepest .abrics of american law so deep that know when that day will know why they are doing what they are doing. and it warms my heart to think of perhaps his most lasting legacy. we americans tend to be obsessed with winning and losing, making, attempting to measure a judicial career solely by how often a justice won or lost the fights of the day. i cannot deny the importance of wins and losses or that the winners sometimes try to write the history, but i can say questions can be just as important as answers over the long-term. the questions justice scalia relentlessly posed will be with us for a long time. those questions framed by a confident man reduced to the most humble a judge can ask, did the people in power ask us to resolve this dispute? if so, on what grounds is it permissible to do so?
2:37 pm
so i give thanks that justice scalia served his country faithfully and well, top was never to lose sight of these essential questions, and offered up the most admirable way of a answering them. thank you. >> is as minute exercise regimen. thank you, judge sutton. before we come to the adoption of the resolutions, i want to add one last observation about justice scalia. for all his stature, his tremendous abilities, and his nearly unrivaled impact, justice scalia was a fundamentally and deeply humble man. that humility, of course, laying the center of his constitutional , buttatutory jurisprudence
2:38 pm
i cannot help believe that justice scalia's humility was also rooted in significant part in his unwavering faith. ,othing, other than his family was as important to justice scalia than his faith. it is equally true that his faith in god was much more important to him than his job was. he said on more than one occasion publicly that if the two ever came into direct contact -- conflict, he would resign. also that he would never lost his faith to alter his duties as a justice in deciding his case according to the governing law. for justice scalia, both his faith and his job were never about him. but rather about a creator or about the documents of the .reation of our republic they were far more important than he was, at least to him. , i canand here today
2:39 pm
hear his voice in my head, clear as day. echoing his persistent dislike for eulogies or any full some praise of an individual. that voice is saying to me, in effect, praise not me, but pray for me, for my family, for my friends, and for the rest of us. and focus your earthly praise instead on the institution of the supreme court, on our exquisite constitution, and on the republic our founders set up for us, all of which we must always strive to protect, and for heaven sake, get on with it. [laughter] in that spirit, i'd like to invite rachel, who is the segal professor of law and policy, as well as the faculty director at the center for administration of criminal law at the nyu school of law, to join me to move the adoption of the resolutions to be presented to the court.
2:40 pm
>> when someone passes away, jewish people often say to those who are grieving, may his memory be a blessing. i know i speak for the resolution committee when i say working on the resolutions was a labor of love and admiration and indeed a blessing. i have always loved reading justice scalia's opinions, but even more so since he passed away, because you can feel his energy in every word he wrote, and hear his voice, the page as if he is right there beside you. lines andugh at his the days in my class when we discussed an opinion by justice scalia were the most energizing. the students are at their best when they wrestled with the power of his arguments, and i see his legacy play out in real time. his memory is with us all, and what a blessing it is.
2:41 pm
you have before you the product of the committee on resolutions. on behalf of the committee, i have the honor to move their adoptions. >> is there a second? thank you. the resolutions are now before us for adoption. if adopted, they will be presented to the court by the solicitor general. i now put the resolutions to a vote. all in favor of adopting the resolutions, please signify by saying aye. any opposed? good. [laughter] paul: here are no opposition, i declare the resolutions adopted. this completes our work here and we will now be adjoining to the courtroom. you should have both you a card
2:42 pm
that indicates the section of your seating, and you'll be assisted by the court staff. but before we move in there, i do want to thank everyone at the courts who helped make this possible, the court staff that is, from jeff to sheldon to angela frank from the justice's office, and a number of others who i may have forgotten. given the justices love of language, it is of course fitting, particularly in the latin that we close the meeting with the customary declaration. i now declare this memorial meeting of the bar of the supreme court to be adjourned. thank you. [captions copyright national cable satellite corp. 2016] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org]
2:46 pm
2:47 pm
c-span, where history unfolds daily. in 1979, c-span was created as a public service by america's cable television companies and is brought to you today by your cable or satellite provider. the unemployment rate dropped slightly in october from 5% to 4.9%. it is the first major report on the economy before the election next week. the labor department also saying the average hourly pay increased last month by $.10 an hour to an average of $25.92, and that is nearly 3% higher than a year ago. also the biggest 12-month increase in seven years. a look at the campaigning taking place today. bill clinton is speaking in denver. danny freeman with nbc news tweeted out this picture of
2:48 pm
people waiting in line to see him. innie sanders campaigning davenport, iowa today, at the minor league baseball stadium. republican vice presidential candidate mike pence traveling to north carolina with his wife. they are on their way to greenville. he is also making stops in florida and michigan. donald trump campaigning in ohio, pennsylvania, and new hampshire. we will bring you live coverage of hillary clinton's rally later this evening in detroit good will to start at 5:15 eastern. mr. trump will be in new hampshire, pennsylvania, wanting a rally in hershey. he will be live from the hershey giant center this evening at 7:00 eastern. election night on c-span. watch the results and be part of a national conversation about the outcome. at election night headquarters and watch key speeches.
2:49 pm
watch live on c-span, on demand to ouran.org, or listen live coverage using the c-span radio app. onto a debate now for the candidates of the illinois 10th congressional house seat. robert dold and former congressman brad schneider. they were asked questions on a variety of topics including immigration reform, gun control, and the opioid abuse epidemic. this half hour debate was hosted by abc seven chicago and the league of women voters illinois.
2:50 pm
>> the candidates will have one minute to answer the questions. the candidate who answers for us will have a transformer bottle. in addition to our questions, each candidate will get a chance to ask a question of their opponent. they will then have the opportunity to rebut. things will wrap up with a closing statement from each candidate. we begin with opening statements, a conflict held early too. who goes first. congressman told, we begin with you. as a small business owner and father of three, my top priority is making sure our community is safe, healthy, and strong. in order to do this, we directed the gridlock which is why i broke with my party time and again when i think they are wrong and work with the other side when i think they're right. it is my every nonpartisan organization that has looked at my record has wrecked me as one of the most independent,
2:51 pm
bipartisan, and effective members of congress. it's my every newspaper that has endorsed me in the race have all indoors me over my opponent, and y 20 local mayors haven't forced our candidacy in groups across the political spectrum from the human rights campaign to the u.s. chamber of commerce and other organizations have given me praise from those trying to reduce gun violence to protecting our environment. but the endorsement i'm looking for is yours. on november 8, we ask for your vote. >> mr. schneider? for your voteyour on november 8 so i can go back to congress and continue the work we started four years ago and protect the legacy of president obama. i'm making sure we have an economy that is grown for everybody, not just a portion of you. by building on the success of the report of a care act, fixing the problems, and making sure every american in this country has access to quality, affordable health care. i want to make sure every child has the opportunity for a quality education whether she lives in lake forest or north
2:52 pm
chicago. i want to work to help all of bese working a lifetime to sure that they will have a secure and dignified retirement. i want to work to address the challenges in the environment, tackle climate change, and try to do something about the scourge of gun violence of putting our nation. values andhe priorities of our district, and that is why i'm asking for your love to go back to congress. to our firstrn question and it deals with the current tone of politics in this country. by have been characterized partisanship and gridlock. it has been a hostile presidential campaign season. the final debate they did not even shake cans. do you think this lack of civility is hurting our country, can it be fixed, and who are you supporting for president? >> i think the lack of civility can be fixed, which is why i've been ranked as one of the most independent bipartisan and affect members of the u.s. congress. every piece of legislation we have moved forward with in my time in congress has been with bipartisan support.
2:53 pm
i realize as a small business owner that is how we move forward. that is how we get deals done. get believe, if we cannot democrats on board with the legislation that we want to move forward, we are not doing a good enough job. we have been in the to demonstrate and move forward on key pieces of legislation this year that are going to have a huge impact on people's lives back your home. let me give you one example. someone i know lost her brother at the age of 22 from a heroin overdose. we got bipartisan support and now it is the law of the land. >> who are you supporting for president? >> i will be writing somebody in. i was the first candidate on the republican side who said we are not going to support donald trump, nor vote for him. >> mr. snyder, the question is to you. >> i think it has been an election where we have seen a decline of civility. it appears there is no floor.
2:54 pm
as i look to the young people and talk to them about getting involved in the political process, i'm very concerned about what we're hearing this election. i am proud -- both of us have been ranked in the top 50% for bipartisan independence. that is a reflection of our district. working together across the to tackle problems, i introduced legislation to train our horse with republican congressman from pennsylvania. i introduced legislation to protect our relationship with the enhancement act with the congressman from georgia. this is how things get done working together. i have always had a horrible work with anyone that has an open mind, good idea, and willingness to solve our problems. as far as president, i have supported hillary clinton since she announced. i think she will be in the president. it is difficult see my opponent campaign against hillary clinton. the only thing standing in between tall child the white house is hillary clinton. think it is, call, and the
2:55 pm
same lies he has been putting up before the chicago sun-times, the tribune, daily herald, all of them call that laughable. clear sincehas been december 2016, i came against mr. trump. latinos,nts about muslims, the disabled are not defensible. but when he said john mccain is not a hero because he was shot down and he prefers those that were not shot down, my uncle was the second shot down. his service to our country is absolutely heroic. >> we have to move on to our second question. mr. snyder, in 2015, 42 people lost their life because of a hair when overdose in lake county. over 526 in cook county, which is part of your district. how are you going to convince your colleagues in washington if elected that there is more funding needed for prevention and rehab programs for people
2:56 pm
suffering from addiction? >> we are seeing an epidemic of opioid addiction overdose and death across our country. ingress was made this year taking some steps, but when president obama signed that bill, he highlighted the fact that there was a refused to support his call for $920 million to treat prevention, to provide prevention for people so that once they are, they don't run into the death. >> how will you get your colleagues to get the money needed? mr. schneider: there are so many people across the spectrum of economics, across the spectrum of age who are falling victim to opioid addiction, falling victim to heroin and other drugs. when they are alone dying because there is no one to provide that the anecdote or the treatment, explain to people that investing in prevention, investing in treatment is the best way to take on this
2:57 pm
challenge, and in the long run, the most economic. >> more people visit the emergency room because of a heroin overdose in chicago this summer than any other area and the nation. rep. dold: the heroin epidemic that is sweeping the country is something i took action on. frankly, working with local stakeholders, we realized addiction is a disease and we need to treat it as such. we are working with local stakeholders like local law enforcement and other treatment providers to make sure we are getting the treatment that is needed for many of these individuals that are going to heroin. usually prescription drugs is the key there. we offered a bill to move forward on this. the comprehensive addiction and recovery act is a big step forward, but what i will tell you is we are not waiting for a lot washington for legislation. that is why we went to walgreens to help us.
2:58 pm
be able to offer the locks and over-the-counter. this is not left versus right. this is about right versus wrong. every community across our country is suffering from heroin addiction. frankly, we are losing too many lives. we lose one every three days in the collar counties around chicago. >> i'm still waiting to hear how we are going to get the funding. mr. schneider: as president obama said when we signed this, we need to have congress step up and we need to break through the partisan gridlock. it was the republican congress that took out the funding that the president asked for. i will try to talk to my colleagues to explain the need that the fact that money spent on dealing with treatment rather than prevention is far better to invest in prevention today than dealing with people that will have a lifetime of addiction. we have to spend the money on treatment and prevention and work across the aisle. the congressional budget office estimated the dream act 1.4 million jobs by
2:59 pm
2030 and would also reduce the federal deficits by $1.4 billion. why wouldn't it make sense to include the dream act as part of immigration reform? rep. dold: we have to go farther than the dream act. i look at erica martinez, who is a dreamer that i took to the state of the union address. she embodies everything that i believe is great about our nation. i believe we have to move forward with comprehensive immigration reform. it can't just be the dream act. that is certainly one piece of it, but ultimately this is a humanitarian issue, a national security issue, and an economic issue. we have to work at the 12.5 million people can come out of the shadows without fear that they will be ripped away from their family. >> but how will you convince -- : it is a humanitarian
3:00 pm
issue and economic issue for them and it is one of those were we have to step up as an economic and the national spirit issue to move forward with immigration reform. that is what i will continue to do. >> mr. schneider, will you do anything different? yes.chneider: if i could put anything up for a vote it would be comprehensive immigration reform bit picture we secure our borders. this legislation i was proud to introduce in the house in 2015 as a companion to the bill that passed the senate in the same year. the only reason that didn't become law is the republicans in the house and republican speaker will not allow any immigration to come for a vote. i believe that this legislation came to invoke it would pass overwhelmingly, perhaps with 300 votes. i will only support a person for speaker of the house next year who promises to our nation, pledges to bring comprehensive immigration reform to the floor for a vote.
3:01 pm
mr. dold, i think you should do the same. >> mr. dold, would you like to respond? rep. dold: i would love to respond to what you are seeing is my opponent will take a partisan attack and this is not how we solve problems. this is not how we moved to the education bill or highway bill. every single newspaper -- "the chicago tribune," "the daily herald," "the chicago sun-times" has endorsed me, someone will put the country first, not politics. >> it is estimated 40 million over $1s owe well trillion in student debt, or selling things like buying a home or car, which slows the economy. what is to be done about this situation, and should the government be more involved in making college of attainable and
3:02 pm
affordable? mr. schneider: i think we absolutely have to make college more affordable. it is the key to a middle-class lifestyle. the cost has increased twice the rate of inflation the past three years, putting the dream out of reach for too many families. when i was in congress i fought hard against efforts to raise the interest rates and i worked on legislation that would allow students after graduation to restructure their loans as interest rates go down. we have to work to help students graduate to go work as teachers or doctors in urban communities to help them pay down student loans. it is not just helping them with the debt they acquire. we have to reduce it by making college more affordable. i support president obama's call to make community college for the first two years of higher education free. >> how do you afford that, mr. schneider?
3:03 pm
mr. schneider: as president obama talked about, subsidies to oil committees -- instead of giving it to oil companies, let's given to students. ,> congressman dold your opportunity. rep. dold: education is the building block of everything we want to do. if you want to solve poverty, education is the key. if you look at a higher education it is something i have led on. and to make sure we are reducing people's student loans and ultimately as we look at $1.2 trillion worth of student loan debt, i offered a piece of legislation that would enable employers to pay down the debt faster. right now we are encouraging employers to be able to put 241 but help with retirement they don't for college debt. that is something we can and should rectify. ultimately, it is not just about college. we also have to talk about career education as well. for those who want to become a skilled welder or carpenter, we
3:04 pm
need to make sure those opportunities are available for and absolutely is going to be out of sight and too many people believe college is out of reach and that is going to help -- harm our country and our economic viability long-term . >> i want to know if you think we should look at higher education as well in a different way. mr. schneider: i do. i think there are many avenues to education. one of the bills i introduced from the america works act. withll would work industry, work with trade schools community colleges, to they are provided the skills and lessons they need to fill those jobs. it would allow veterans coming home from war with great skills that are specifically tailored for the manufacturing ,nvironment -- the same people allow them to use their g.i.
3:05 pm
dollars to do internships and apprenticeships at companies. >> now our candidates have a turn to ask each other a question. congressman dold, you get the first opportunity. you have 30 seconds to ask mr. schneider a question and then he responds. rep. dold: 2 years ago every single editorial board took the unprecedented step of asking voters to send you home and replace them with me. we have seen groups across the spectrum of the largest gay-rights organization to "the washington post" accuse you of lying to voters. you voted against small business 70% of the time to you flip-flopped on the iran deal and now supported to save your own political skin. you voted with nancy pelosi against the interest of school district. how can voters trust anything you say? mr. schneider: bob, you have been distorting and lying about my record this entire election. perfect example -- when i looked at the iran deal last summer, i
3:06 pm
saw that there were gaps in the deal that would make it harder to enforce it in a dangerous and chaotic region. we both came out against the deal last year. despite our opposition, the deal went into place. my opposition hasn't changed but i recognize the civil fact that the iran deal is a fact. the rest of the world is doing business with iran. you lie about me flip-flopping but you take the same position as donald trump, let's dismantle the deal, let's walk away from it. that would leave iran on the threshold of a nuclear weapon and denied the united is the ability to enforce this deal to the letter, which is what i am calling for good the worst thing that could happen to our allies in the region like israel and the rest of the world's for iran to get a nuclear weapon, and yet you politicize these issues and take a reckless position. >> thank you very much. congress man, your response? rep. dold: you didn't tell
3:07 pm
voters white he should be trusted because it is outside groups calling him out for lying. he has not released also tax returns and i don't know what he is hiding with regard to that. yes and called out by the media before exploding in the pool and can find finance -- exploiting a loophole in campaign finance. and ultimately has exploited the loophole to bring in 30 times the legal limit of what the fec will allow in a dirty money, dark money, in your campaign. this is someone who cannot be trusted. your. schneider, opportunity to pose a question to your opponent. mr. schneider: i think we all agree as a nation that we need to does a thing about the scourge of gun violence afflicting our communities. you said you are cosponsor of legislation that would make it hard for someone on the terrorist watch list who cannot fly on a plane to walk into a store to buy a gun. you have refused to sign this civil position that would allow speaker right to bring it
3:08 pm
to the floor for a vote. why won't you sign a petition? rep. dold: i have actually led with regard to gun violence. what is interesting to me is that the legislation that mr. schneider is talking about, ice cosponsored when i first got to the united states congress and when mr. schneider was there, the same piece of legislation was offered and yet he did not cosponsor this piece of legislation. i worked with robin kelly, a , on a bipartisan compromise to try to move forward on having the no-fly, no-buy move forward. we don't need a dead-end political vote. we need to move the needle forward. ourle are dying in communities today and, frankly, it is not acceptable. we crossed 3500 shootings in chicago alone. this is not about being political. this is about solving a problem. and the only way we will solve it is by building a bipartisan consensus, something i've
3:09 pm
demonstrated an ability to do and something i'm working on right now with the numbers on the other side of the aisle. don't take my word for it. take gabby giffords' word for it. she is the one who, when schneider was spreading these lies, said bob dold is a champion for solutions. mr. schneider: tell it to the families of the victims in san bernardino or orlando. to alloware asking is this legislation to come to the floor for a vote and you continue to block it and you continue to distort the record. the civil fact is that my taxes are on the internet. www.an find them -- schneiderforcongress.com. let us know where we can find yours. >> you are talked about gun violence is lifted get into the topic a little deeper. it is an issue that has national resonance, no place louder than in chicago, where there have been more than 600 homicides
3:10 pm
this year alone and we are on pace for 1300 -- 13,000, rather, this year. you think there should be different gun control laws? what can congress do to make the country safer? rep. dold: i think there are things we must do and frankly that is a reason i've been working in a bipartisan way for commonsense reforms to reduce gun violence. one of the think i'd try to do not just with his legislation but with others is to say where is the common ground. we all want to reduce gun violence. we see what is happening enough streets and certainly in the city of chicago as we crossed 600 homicides this year. that is unacceptable. i do believe that working with groups like gabby giffords' group, working for universal acheron checks, is a huge step forward. legislation,o-buy again, something i support.
3:11 pm
i also introduced legislation to make your domestic abusers are not able to purchase a weapon, because we know if there is a weapon involved in a domestic abuse situation, the chances of death improve five times. we need bipartisan solutions in order to solve this problem, not partisan ones. mr. schneider: this not just a political issue, it is a personal issue to me. i'm named after my mother's uncle, who was shot by a gunman. he called the police, waiting for him to die. the first speech i gave on the floor of the house was about reducing gun violence. like mr. dold, i called for the return of the assault weapons ban. we have to make sure we have 100% background checks. we need to make it hard for people to get access to these large capacity max is in -- large capacity magazines that allow people to go into a theater and shoot 70 rounds in less than a minute. we have to do with a mental health aspects of gun violence. the 30,000-plus people who will die in the country this year of
3:12 pm
gun violence, more than two thirds will take their own lives . in addition to mental health, we have to deal with economic challenges in so many communities so badly afflicted with gun violence. i was proud to introduce comprehensive gun legislation in the house of representatives when i served in the district. broad-based legislation that dealt with access to guns, dealt with mental health, dealt with economics. the only reason that legislation cannot come to the floor for a vote is because the republican speaker won't allow it i will support only someone who will allow a vote. >> we saw you not your head in agreement. rep. dold: for sure. mental health is a huge crisis today and i was a leader in corn best to make sure we brought the first comprehensive piece of mental health legislation since 1962. this is impacting every corner of our community. we are losing 22 veterans a day to suicide. mental illnesses a huge component of that. we have to recognize that mental illness is a disease that frankly, we cannot see.
3:13 pm
when we look at the cook county jail come of the largest mental health facility in our country, that is a problem. 100,000 beds short, 30,000 physicians short, and that is something that congress can step up and tackle bit >> congressman, thank you . >> people are also concerned about social security. how do you intend to protect social security and medicare for your district? mr. schneider: we have to secure social security and medicare not just for this generation but all generations to come. it is part of our social contract to make your that seniors below the poverty line today today less than 10%. my opponent wants to raise the retirement age from 67. that would put an undue burden on those in the lowest income bracket who have a life expectancy of 76. adding three years before they
3:14 pm
could retire with limit their retirement benefit by fully a third. >> so what do you propose? mr. schneider: thank you. we have to make sure we expand the base. the cap right now is $118,000. i believe fundamentally that someone making $1 million should pay the same rate into social security as their employees who make $50,000 and $75,000. we can create incentives for people who want to work longer and are able to work longer to do so. we should not privatized social security -- >> thank you. thank you very much. kindest, why shouldn't we increase cost of living as part of the solution? rep. dold: we should social security is something people expect to be there. when i talk to young people, they don't think they are going to see any social security. one of the things we are able to do in this congress was extended social security disability insurance, which was set to run out if we didn't do anything in just a few short days.
3:15 pm
we were able to extend that, but ultimately we need to make sure it is around for future generations, not just folks in the system now. if we want to make sure that happens, we have to have a bipartisan solution. we have to focus and put everything on the table to make sure that social security will be self and not just for five or 10 years, but for 75 years. the cap just was raised a little bit from 118 to 127. the new cap is going to be 127 and it may have to go up from there. i will not take things off the table. what i do notice someone who sits on the ways and means committee, the most powerful committee in the united states congress, and the social security subcommittee, you want me there. >> gentlemen, our time is winding down so you we will move to closing statements. mr. schneider: again, it is an honor to be here, and i'm asking for your vote on november 8. i want to go back to one guest to continue to work -- to congress to continue to work i started and fight for folks at home.
3:16 pm
i am 100% on the record for a woman's right to make choices with her own body, and the endorsements i have from naral and the national organization for women. i am proud of the fact that i'm a champion for the environment, ensuring that we give the children our legacy that is worthy of their future. i'm happy to have the endorsement of this year a club. i'm proud of my 100% voting record on equality rights. an issue i supported my whole life. i'm out to continue to work for working families so that everyone succeeds, that rising tides lift all boats, not just the ones at the top. this is the most important election of our lifetime and the stakes are higher than anything we have ever seen. i'm asking for your vote on november 8 to continue to work for you to protect the legacy of our children going forward. >> congressman dold. rep. dold: jackie, ane nrique, thank you for being here. what we need is people to break through the gridlock.
3:17 pm
ivan demonstrated the ability to that. every single nonpartisan organization has wrecked me as one of them is independent and bipartisan members of congress. has endorsed me over my opponent for various an obvious reasons, because there are big differences between the two of us. toill work across the aisle work for solutions to problems and my opponent will take up partisan approach. is big government is the response for every part problem have and i don't believe that. we need a bridge builders in washington, d.c., who are really going to accomplish things. this election will be an important one so i will ask for your support and help them but more portly, i for your vote to go back to washington to fight on your behalf for you and your family. >> thank you both very much. thank you for being here. enrique, thank you for being here. thank you for joining us. please remember to get out and vote. [captions copyright national
3:18 pm
cable satellite corp. 2016] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] >> the illinois 10th district race is rated a possible by "rollcall." it is in the northeast part of the state. estimates that 182 democratic seats are safe. many of the tossup states are florida, nevada. our coverage of campaign stops continues later today. we will have hillary clinton's rally this afternoon in detroit can scheduled to start at 5:15 eastern. live coverage on c-span. donald has several stops including one in hershey, pennsylvania. we will bring that to you live this evening at 7:00 eastern. election night on c-span.
3:19 pm
watch the results and be part of a national conversation about the outcome. be on location at the hillary clinton and donald trump election night headquarters, and want to victory and concession speeches in key senate, house, and governors races. starting live at 8:00 p.m. eastern and throughout the following 24 hours. listen to our live coverage using the free c-span radio app. house candidates for florida's 26th congressional district, incumbent republican carlos curbelo and former congressman joe garcia, met for a debate hosted by wplg in miami. the two discussed donald trump and hillary clinton, the economy, the affordable care act, and abortion rights. this is about half an hour. today, is the most hotly contested congressional race on the ballot in south florida. the candidates are with us to debate.
3:20 pm
we are talking about the 26th congressional district that is basically westchester to key west, a big chunk of south florida, about 800,000 people, and it includes the everglades national park. representative carlos curbelo currently represents this district. who is in hisican first term in office and running for another one. joe garcia served in congress from 2012 to 2014 and is running to take that she back. -- that seat back. welcome. you will have each a minute to respond to 30 seconds to rebut. if any of you by chance makes a disparaging comment or something you feel needs a response, you will have the opportunity to do so. , let meman curbelo begin with you and get this out of the way. you said months ago that you did not support donald trump.
3:21 pm
you still hold that position, you are not going to vote for him. rep. curbelo: that's right, michael. i took a principled stand not because it was politically expedient but because it was what was in my heart. for many americans this campaign has been very disappointed. a lot of people our turned off. people in my generation, they don't want to vote. but yes, that is my position, i'm not support either of these two candidates. i don't think either of them deserves a lot darker cheerleader. both of them, whoever wins, deserves to be held accountable. >> will you write in the name of somebody? rep. curbelo: that is something my wife and i will discuss when we sit down to vote. ballots.t opened our it is a very personal decision. i respect all the people out there. you have your clinton supporters, trump supporters. you have a lot of people who
3:22 pm
don't like either of them -- a majority, if you look at most polls. everyone has to make a best decision for themselves and their families. >> i quite understand. mr. garcia, you are strong hillary clinton supporter. at a rally last week she gave you a nice shout-out. is there anything about secretary clinton that gives you pause? >> michael, thank you for having us. thanks for setting this up. it is a pleasure to be here and it is great we are discussing ideas because that is important, and that is what this is about. when you listen to secretary clinton, she lays out an agenda that makes sense for our country . she stood in the square of american public policy for the last three decades and i think it is a record of accomplishment. the day after the election, it someone else wins, i think it would be a frightening day. that is why it is important to support her. supporter to her campaign because i believe she has a record of accomplishment,
3:23 pm
in the main of american politics, and i'm glad to call her a friend. >> let's begin with some serious issues which we know from pulling really matter to the people who live in his district. the first one is the economy. unemployment is considerably down, and poverty -- fewer people are living in poverty. more people are insured. and yet there is a sense of unease in this country and in this district. what would you do, mr. garcia, to boost the economy in the 26th district? mr. garcia: michael, i think it is important to invest in the district, to invest in americans. what we have seen by the republican congress, which mr. curbelo is a leader income is a congress that is not willing to invest in cities and infrastructure. that moves our kids out of poverty come out of living in the basement, and i'm a great believer that the agenda we laid
3:24 pm
out makes a big difference for the country. investing $280 billion in infrastructure. what i did when i was in congress. for water purity projects in the keys, green technical assistance from voting to expand or reduce interest rates on student loans and expand health grants. those are essential to move our country forward. that is why we need congress that does it. >> congressman, hold on just a minute, but i have to say, last week we saw the budget figures for the fiscal year just ended and congress ended $587 billion in the red, $.15 of every dollar the government spends is borrowed. you talk about student loans. where is this money going to come from? rep. curbelo: it comes from performing taxes and you have to have the courage to take it on. inn folks like mr. curbelo the republican leadership vote
3:25 pm
against taxing the very rich, in the interest of the 1% -- michael, there is a huge difference between deficit spending and investing in the country. when you increase the value of the country, you diminish the deficit as a total percentage of the budget. >> all right, let me ask the congressmen to respond to what mr. garcia said. rep. curbelo: michael, i don't have to tell you what i think. instead my will tell you what i have done. i have worked with republicans and democrats on 2 major issues that are important in south florida, because you are right, we have had a recovery but there is still a great sense of economic insecurity out there. one of the big reasons is half the people who are graduating from college is today with a four-year degree get jobs in places that don't require a college degree. that get intos debt and spent 4 years in college and then graduate, and guess what, they are working maybe at a restaurant -- which is fine, except that is not why
3:26 pm
they went to college. >> not going to pay to student debt off very quickly either. whatcurbelo: so here is republicans and democrats in this congress have done together and this is what my committee, committee on education, worked for, passing a technical education bill that promotes different pathways to success. what is one of the big challenges in this country? we track our kids in a system that is not necessarily for them. we say that they have to get a four-year degree. guess what, a lot of kids don't want to get a four-year degree. they want different pathways to success, they want to get into careers that require vocational training, and that is honorable work. we are setting those kids up for success. that is a powerful message we sent in this congress, one more which is critical to our economy in south florida, trade could a lot of great jobs at miami international airport, a lot of great jobs at the seaport, different ports throughout south florida. we worked with the white house when radical elements of the
3:27 pm
democratic party wanted to deny president obama authority to go out negotiate trade deals with our allies. we worked in congress to make sure he got that authority. and that could lead to more wonderful, good quality paying jobs in south florida. theo you support tpp, transpacific ownership? rep. curbelo: i certainly support the concert -- by the way, this is one of my frustrations with the president of candidates. they are both against free trade, which is absurd. we have so many good, quality jobs, small businesses, that depend on free trade. we need more free trade. to be against trade in south florida is to be against jobs in florida. >> mr. garcia, what about tpp? mr. garcia: i have to say, not as presently designed. i'm a believer in fair trade, not free trade.
3:28 pm
all of these trade deals have a very strong provisions and we have to hold them accountable. whether it is labor standards, environmental standards from when you are competing against nothing on the other side, and affects wages across the board. i'm a big believer in moving forward on investment in the country because that is here, those are jobs here we move forward. that is why education is so important. when carlos talks about being the trade understand concept, but the truth is, if we are racing to the bottom, which is what has happened with many of these trade bills, all we do is hurt our country. >> what about renegotiating nafta? we have heard a lot about that in the presidential race and seen people in the rust belt states who lost jobs and never got anything back. mr. garcia: rust belt states -- look at our own community. tomato growers who got wiped out. this district is one of the great agricultural resources in the country. we produce more winter crops
3:29 pm
than any place in the country. cre land valuable per-a in terms of agriculture in the state of florida. we need to enforce provisions to make a difference for our farmers and our workers. say,curbelo: let me just michael, because this is a critical issue and there was a lot of cowardice on the trade issue these days. of course the political link are blowing in a certain direction and as we can see, presidential candidates and bernie sanders who is out there before trashing trade. so many south florida families .epend on these jobs i cannot under any circumstance turn my back on these policies because i know fundamentally that they have made our community more prosperous. south florida is a major trade hub. people from all over the world come here and bring their products and we are more prospers for it. don't be fooled about trade. we need good trade deals, but we certainly cannot turn our back on trade. >> that is important because we have to follow that up. we have to engage in those
3:30 pm
discussions and that is why we need someone who will work with the white house to make a difference, work with secretary clinton, and has a history -- michael can we know who the next president of the united states is going to be. >> welcome we don't know. november 8 we will know. cold your thought and we will be back with more of the candidates for congress from the 26th congressional district in just a moment. welcome back. we are in the midst of a debate between the candidates for the 26th congressional district in south florida, westchester down to key west. joe garcia, the democrat. carlos curbelo, the republican. heard youo, i have come and i think the editorial boards of newspapers have described you as a moderate republican. when i mentioned that the other garcia, hesaw mr. said, "he is no moderate.
3:31 pm
he is under metamorphosis here because the district lines have been redrawn." it is a district with slightly more democrats than republicans. " and the real carlos curbelo --" that you are a conservative in sheep's clothing. rep. curbelo: well, mr. garcia has a long history of launching these kinds of attacks to try to confuse people. i have always been the same person could you have known me, the community has known me since i've been on the school board. on the school board i was a consensus builder. i have my principles, i have my ideas, i fight for them. but at the end of the date, most people in the country want is for republicans and democrats to come together and figure out the issues and get things done. i passed ins congress -- by the way, it is documented, i passed seven bills as a freshman. that is very rare. mr. garcia passed one bill, to name a post office, when he was in office. transportation, environment, education, and i've
3:32 pm
done it working with my democratic colleagues because divided government, the only way anything gets done is by working together. i have always been the same person. i didn't change my tune when the district changed, mr. garcia did. the statute of limitations on the crimes his campaign committed expired and he jumped in. this is not something i am making a. -- making up. >> we will get to those presently here. is mr. curbelo a moderate, generally speaking? mr. garcia: michael, thank you, because the only thing moderate about carlos curbelo is his rhetoric. here's someone who voted for women, period for someone who was voted against women's rights, against every single gun bill, someone who voted to defund the government over planned parenthood.
3:33 pm
there nothing moderate except the district change. when the district changed, suddenly we got a new carlos curbelo. he was moderate, talking about the issues. let's be clear, the only difference between donald trump and carlos curbelo is donald trump doesn't have a record. he has a lot of rhetoric. carlos curbelo has a record of standing against women and minorities. this is a majority-his senate district and he voted for times -- make them pay taxes and increased salaries. rep. curbelo: michael, there is a litany of attacks and accusations. he says my rhetoric is moderate. his rhetoric is all lies. you know i have two little girls, ages six and four, and yet he says i'm against women. does anyone believe that? no, because mr. garcia's line. i respect women and you don't. you know what you said about hillary clinton. first of all, you said you was
3:34 pm
stupid because she cannot outthink you. second, you said she wouldn't be able to seduce you. i want you to think about the women out there but also the men who are watching, think about your moms, your sisters, and imagine some guy saying, "that woman, i wouldn't want to have sex with her, she can't seduce me." you should apologize today for that nasty rhetoric you use. mr. garcia: everything you just said is completely false. >> all right, gentlemen, let's let the people at home here this for themselves. this was recorded secretly its u.s. a number of weeks ago. if we have that tape ready, we will run this little clip that was recorded secretly and this is mr. garcia speaking. mr. garcia: hillary is under no illusions that you want to have sex with her or that she wants
3:35 pm
to seduce you. >> may be you can explain. mr. garcia: i was talking to a guy, and they are stupid, no question about it -- >> your remarks? mr. garcia: my remarks. i was speaking to a guy who was saying sexist things about her. the reality is someone who is extremely competent. and they were stupid. when you talk about it, someone who votes against the interests of women time and again -- if you think about carlos, who said we should have mike pence at the top of the victim this is a guy who voted legislation to make wait 24 hours after a rape. this is clear. my position has been always to stand on the side of women. rep. curbelo: i don't want to drag this out. real quick, he said he combats
3:36 pm
sexism with more sexism. what i would've told a man if he was being sexist is say, hey, i have two daughters, i married, what you are saying is offensive. what he said was offensive, and as the dad of two girls on the wife of -- and whose wife is a teacher, i'm disgusted -- rep. curbelo: jeff mr. garcia: i'm the father of a girl who just left for college and he is twisting the words because he cannot address the issues. he will address the issues against women -- he will not address the issues against women. >> we are going to get you to explain your position on choice, both of you, when we come back to take a minute and we will be right back. welcome back. we are in the midst of a lively debate between the candidates for the 26th congressional district, carlos curbelo, the republican command joe garcia, the democrat.
3:37 pm
let's get this on the record on abortion, on choice. where do you stand? i amcurbelo: michael, pro-life, i don't apologize for that. i think we have to value all human life. at the same time we have to respect to the law. what we should do in the countries find a consensus on this issue. that is why i support legislation that says after 20 weeks, the time after which a lot of doctors and experts believe a baby can feel pain, we should have no more abortions after that. that is what i voted for. way, i have two little girls and we are raising them this way to value human life. every abortion is a tragedy. it is tough for the woman and there is a life lost, no matter what your view is on that. we should work together to limit, reduce the number of abortions -- mr.hat is your position garcia, tell us where you stand.
3:38 pm
i think i know. mr. garcia: the government should not get involved. it is a tragedy when an abortion occurs for the fact that you write a legislation to stop an abortion after a woman has been raped is dangerous. when you think about women, you think about health care. this is someone who has voted seven times to repeal or rollback, without replacement, obamacare, which -- the first thing he does is it doesn't discriminate against women hit it allows them to be treated the same. this is a health care provision that took away -- if you have pre-existing conditions, you couldn't get insurance and now you do. in this community there are hundreds of thousands of people who have benefited and we have to fix obamacare and that is what we have to do because it is important for women in south florida one of the largest sign of places. >> thank you. congressman, what about
3:39 pm
obamacare? you voted against it. rep. curbelo: at the very least it needs to be reformed. it is failing a lot of people. we are getting calls to our office, that yes, they sign up, they couldn't afford the high deductible. this law provides a good talking point for politicians who want to show off about the number of people who are insured, but what they don't want to talk about, michael, is the number of people who actually have access to quality health care, and a lot of these people who sign up for obamacare, you know where they end up? in the emergency room, just where they used to go before. this law has reached a lot of havoc on our economy, and a lot of employers are struggling with it. some have had to lay people off and others have limited workers hours. this law was written by hospitals, buy health insurance companies, and by big pharma, and it is designed to protect their interest. that is why it needs to at least be reformed. >> bottom line, don't repeal it,
3:40 pm
simply improve it. rep. curbelo: if we can improve it, let's improve it. if we can replace it with something better that puts patients and doctors in control -- no, this is not a laughing matter. has beena: mr. curbelo in congress for two years. when medicare went into place -- i understand, with medicare you would've had the problems obamacare did come which it did in the beginning. congress because he believes medicare is a ponzi scheme and he is on the record saying that what is clear is that this has changed people's lives for the better, 20 million people. think about jackson memorial hospital. on the verge of collapse. because you have obamacare, the hospital is thriving and exciting services. what we have to do, just like with medicare when he was put in place, just like the expansion of medicare when george bush was president, work with the system to make it better so that it covers more people -- rep. curbelo: on medicare,
3:41 pm
briefly, because he likes to talk about this, but he has proposed no solutions. there is a fact today that with social security and medicare that if we do nothing, we will not keep our commitment to younger generations of americans. it is a statistical fact. i've proposed reforms to social security and medicare, i've proposed means testing to make your the folks who need it the most get the most benefit. he is not proposed a single change for social security and medicare to make it stronger. this is very dangerous. by the way, this is mr. garcia's record. he got nothing done in congress. why? because he can't work with others. at the height of the government shutdown, mr. garcia called republicans the taliban. he doesn't know how to work -- >> hold on, before we run out of time, i have to ask you, mr. curbelo, you introduce a bill that draws a distinction between cubans who come here who
3:42 pm
are migrants for economic reasons and those who are political refugees. why did you introduce this? there has been tremendous fraud in the system and benefits going to people who didn't deserve them? rep. curbelo: that is exactly right, michael. this is a generous country and no community knows that more than the cuban community. so many of our families who have come over the years, hard-working people, couldn't return to cuba for political reasons. they were being persecuted. the problem today is that every cuban who comes to the united states automatically, no questions asked, gets welfare and some ofm up t these people, and qualify for benefits and then they returned to live in cuba while continuing to receive these benefits. seniors who arrived in cuba after the age of 65 get social security for life, despite never having paid into the system. some of them get more than people who have been working in
3:43 pm
this country for 30 or 40 years. this has to be reformed. our bill -- by the way, about 30 democrats are supporting it 128 cosponsors -- what it does is says if you are a refugee, you will receive benefits, but if you are coming here like anyone from anywhere else in the world, you get a work permit and you can start contributing, but we cannot allow our country's generosity to be abused by anyone, no matter where they are from. mr. garcia: michael, it is again targeting, segmented -- if there is abuse, let's stop the abuse. you know why the funds were put there. south florida receives patient and cuban refugees every year whether they plan for it or not and it is a huge strain on our economy. >> not only cuban refugees to these generous benefits. mr. garcia: haitian refugees -- rep. curbelo: in the country without permission -- mr. garcia: i know you you want to follow. but let's be clear.
3:44 pm
what is important is we have to perform the system and our relationship with cuba, something mr. curbelo doesn't engage with. he puts people against each other. i'm the first to say we have to reform all these laws, but we have to reform the relationship with cuba. something he has voted against every time. requires -- michael, that requires a serious look, not coming at it at the edges. i agreed it was abuse in the system. before we get to anything else can we really are at the outer limits of our time. before we go, i want you to both make a closing statement. mr. garcia, gophers, please. -- go first, please. mr. garcia: michael, i think whattrump to mr. curbelo,
3:45 pm
people are tired of his these attacks. we have a record of making a difference for south florida. whether it is investing in our economy and workers were standing up against the gun lobby. mr. curbelo has been called a lapdog for the gun lobby by the brady campaign. we have a history of working with south florida and with your support and god's favor on november 8 we will go back to washington so south florida has a voice in washington. >> mr. garcia, thank you. mr. curbelo? rep. curbelo: this is "role washingtonished in and everyone reads it. these are the members of congress who have been indicted and mr. garcia's picture is here. years i've been working on cleaning up our communities. "you come from that corrupt district?"
3:46 pm
because his campaign perpetrated terrible crimes in our community, and it is a shame to every day in washington i have worked with republicans and democrats to help, whether it is transportation, education, the environment. -recognized by editorial boards from independent groups, for wanting to build consensus on these issues. that is what i think every voter in this community ultimately wants. i know there was a lot of passion out there, strong feelings. but i feel that everyone in our country wants republicans and democrats to come together in a decently, honest way, and solve the major problems that face our country. that is why i'm running for reelection. >> all right, gentlemen, thank you, and i feel compelled to point out you were never indicted or charge -- mr. garcia: i was cleared, which is why -- >> ok, hold on. i think we have come to the end of this. mr. garcia: michael, thank you . >> we will see what happens november 8. stay with us.
3:47 pm
we will be back with a round table. [captions copyright national cable satellite corp. 2016] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] until thet four days election and the presidential candidates and surrogates are on the road campaigning. a local nbc 15 reporter sent out this tweet of joe biden in madison, wisconsin, today. knoller of cbs news tweeted that that was his 15th rally for hillary clinton. and "washington post" reporter jenna johnson tweeted that donald trump took the stage before a small country club in atkinson, new hampshire. hiller clinton has a rally at 5:15 eastern. donald trump has a rally and coverage gets underway at seven:00 p.m. eastern on c-span. and now a look at some of the ads running ahead of the tuesday election.
tv-commercial
tv-commercial
3:48 pm
>> decades of lies, coverups, and scandal come have finally caught up with hillary clinton hillary clinton is under investigation again after her e-mails were found on pervert anthony weiner's laptop. think about that. america's secrets sent by hillary clinton, and anthony weiner? hillary cannot lead a nation while crippled by an investigation. hillary clinton, unfit to serve. mr. cap: i'm donald trump and i approve this message. ms. clinton: i'm hillary clinton and i approve this message. mr. trump: i would look right in that fat, ugly face of hers. she is a slob. she ate like a pig. a person who is flat-chested is very hard to be a 10. does she have a good body? no. >> do you treat women with respect? mr. trump: uh, i can't say that
3:49 pm
3:50 pm
it is one of the hotly contested races in the country, house 23. will hurd is the incumbent, pete gallego is his challenger. you can see what a huge district this is, running for the outskirts of san antonio down to the border and all the way to the outskirts of el paso. huge district, but last year -- excuse me, two years ago it was separated by only -- less than you votes between the 2 men are about to me. let's meet the candidates for the district. first, incumbent will hurd. oh come, sir. and former congressman pete gallego. when you talk about that margin, 2400 votes, something like that, pete, you are going to get the first question here -- what separates you from will hurd? mr. gallego: well, i think there is a completely different philosophy in terms of how we approach the issues.
3:51 pm
for me, growing up in west texas -- people there are independent by nature. they don't go for one political party or the other. they do the right thing for the right reasons. for me as a member of congress that was what my voting record was. i want to be a voice for the people. i voted for democrats i thought they were right. i voted for republicans if i thought they were right. i stood up to my party if i thought they were wrong. i think that is a huge difference between the two of us isause mr. hurd's record 96%, 97% straight party, and he votes with the party even if the issue is something that impacts us here locally. within three months of arriving, he voted to essentially privatize the medicare system. he has had some votes that i think are not in line with the independent spirit. for me, it really is just a different approach. i like to do the right thing for the right reasons. it is what i teach my kids.
3:52 pm
i have to lead by example because kids learn and watch. and so, you know, frankly, i think that is a huge difference between the two of us. >> congressman hurd. rep. hurd: sure. first comes to come thank you for hosting us. streaming this. >> and "texas tribune." rep. hurd: a lot of men and women have laid down the life to protect the right to vote and it is awesome that people are using it, especially with the spurs victory this week. country for 9.5 years as an undercover officer in the cia. one of the biggest differences between me and my opponent is my background experience when it comes to national security. there is no one in congress that has this background and is able to leverage it on the important issues of the day.
3:53 pm
another issue that separates us is we have a record of accomplishment. his two years in office, he got nothing accomplished. i got 10 bills off the house floor. five of those were signed into law. you bipartisan effort -- cannot do anything signed by the president unless it is bipartisan. that is being done in 22 months. when he was in congress he got zero bills off the house floor, zero bills signed into law. likeeen able to do things fixed -- he has been able to do things that fixed problems -- the air force base in del rio produces more pilots than any facility in america, but if it rained more than an inch, it was like toys in a bathtub. my opponent will say he put language in an appropriations bill to identify the problem, but we were the ones that actually fixed it. this is the kind of can-do attitude i bring to congress.
3:54 pm
i'm not a career politician. i have experience not only in national security group the back alleys of dangerous places, but i was in the private sector as well, too, helping businesses grow in markets they had never been before. i helped start cybersecurity companies from scratch. when you look at san antonio city usa,r understanding these issues is important percentage out o -- important for san antonio. el paso has fort bliss. and then you have dell another thing i will my, a difference between opponent and i come he uses a lot of words and wants to talk about medicare. the reality is this, nancy pelosi and the democrats and my opponent, pete gallego, footage remove $800 billion -- that is with a b -- out of medicare to prop up obamacare. that is money that goes to programs my parents use. my dad is 83, my mom is 72.
3:55 pm
they are the best health of their lives because of medicare advantage. saying i am against that is crazy because it is not true. >> let's move on. i'm glad you mentioned " texas tribune" streaming this. we are getting face the questions as we go on as also i to you talked about bipartisanship, both of you did, so let's get to the elephant and donkey in the room and talk about the presidential candidates for each party. you have been attacked by mr. tylego, some super pacs, ign you to donald trump. how do you answer those charges? rep. hurd: from day one i never endorsed him and said that unless he proves he respect
3:56 pm
minorities and women, i will not endorse him. there is only one candidate in this race willing to stand up to donald trump and hillary clinton, and this one of those examples. my opponent and he is lockstep with hillary clinton and as said that from day one. i'm willing to stand up against folks in my party to do what is right for this district. diamond -- i'm an independent voice for constituents of the 23rd district. >> are you worried what donald trump would mean to your candidacy? rep. hurd: no, because here is the reality. this race is a contrast between me and my opponent. past 22 months to develop an independent relationship with these folks. they know who i am, they know what we have been able to accomplish, and they know they have seen a level of service they have not gotten in decades. i have been over 400 events in these 29 counties. it takes 10.5 hours to drive from one corner of the district to another. i crisscrossed it dozens of
3:57 pm
times. i answer the mail, i answer e-mail, i answer phone calls, and we deliver a level of service for these constituents, and that is what they appreciate. the reality is this -- i don't care if you voted for me or not. if you are in a city that is inflated, guess what i'm going to do -- that is flooded, guess what i'm going to do? i will help you get those things. they have not seen that in over a decade. >> how do you answer that? tying him to trump and critical of him not distancing himself. mr. gallego: here is my reaction. it reminds me of the longhorn texas, which west says there is a point here and a point here and a whole lot of bull in between. i will tell you why. first of all, for 15 months, mr., has been spewing hatred -- mr. trump has been spewing
3:58 pm
hatred against latinos, gets veterans, and you never heard fact, i believe today there is an editorial in one of the local newspapers where mr. hurd indicated one of the things he appreciated about mr. trump was his national security plan. out,nly when the tape came mr. hurd follow the rest of the her --d there was a whole host of people who jumped off the trump trained. i believe if that tape had not come out, mr. hurd would have continued saying that about mr. trump. that is not leadership that his followership. i will make up a word here. rship.s followe claims to have success on the basis of parliamentary procedure. if you ask wayne from san
3:59 pm
antonio, who i helped to get money from the v8 he will not say i am a do-nothing congressman. helping somebody get a prosthetic device, she will not tell you i am a do-nothing congressman. a man whose son was having trouble with immigration paperwork and we helped fix it and she was able to bring her family together, she won't tell you i was a do-nothing congressman. i measure my success by the people i'm able to help, the difference i'm able to make in a local community, not by any washington standard. frankly, the issues that the issues he has raised with lawson as an example, i as a member of the armed services committee put the writers lawson would be taking care of. the wheels of government move slowly and now he got to cut the ribbon on lawson as he claims credit for the v.a. reform with the choice card. if he is standing tall it is because he is on my shoulders and the work i did.
4:00 pm
rep. hurd: i would like to respond to that. one of the most frustrating things about washington, d.c. are career politicians that use a lot of words and do not get action done. if i was so partisan, i would not have received the endorsement of the san antonio express-news and the el paso newspaper. nobody will confuse those organizations with fox news. there is a record and i love how career politicians want to talk about who gets to take the picture and who was there for the groundbreaking and not about actually getting things done. that is why this country is frustrated with career politicians and why 70% of this country thinks the country is
65 Views
IN COLLECTIONS
CSPANUploaded by TV Archive on
![](http://athena.archive.org/0.gif?kind=track_js&track_js_case=control&cache_bust=510189441)