mr. casey: mr. president, i ask that the quorum call be vitiated. the presiding officer: without objection. mr. casey: mr. president, i would also ask consent quorum call: the presiding officer: the senator from pennsylvania, under the previous order, the leadership time is reserved. under the previous order the senate will resume consideration of h.r. 2028 which the clerk will report. the clerk: calendar number 96, h.r. 2028, an act making appropriations for energy and water development and related agencies for the fiscal year ending september 30, 2016, and for other purposes. mr. casey: mr. president, i ask consent to speak as if in morning business. the presiding officer: without objection. mr. casey: thank you, mr. president. mr. president, i rise to talk today about judges, specifically district court judges across our country. we have a number of judges in pennsylvania who have not moved forward, and i wanted to speak to that today. i think it's a case, a story about obstruction. it's as simpl

mr. casey: madam president? the presiding officer: the senator from pennsylvania. mr. casey: i would ask unanimous consent to speak in morning business. the presiding officer: without objection. mr. casey: let me say first how much we appreciate the message of senator isakson. i think by extension to the country. we're grateful for those remarks in the lead-up to memorial day. i rise to talk about coal miners and the promise, the obligation that the united states government has to coal miners on a range of issues but especially when it comes to their pensions and their health care. many americans remember steven crane as the author of the novel "the red badge of courage," but he also wrote something that not many americans have read probably but i did because it was about a coal mine near my hometown of scran tfnlt he wrote it just before the turn of the last century. the pertinent parts for me in terms of his description of what a coal mine looks like and all the dangers that are in that kind of work, his words were as follows. "in describing the mine, he described it

next speaker mrs. casey and again thank you for being here and for all you have done on the prior issue of homelessness. >> thank you very much supervisor. i didn't have my glasses so when i saw the chart i couldn't tell if it is broken by high school, middle school and elementary school. this is anecdotal but last week another parent and i met with [inaudible] in the second grade and he is moved green table goes to the third grade class, red to the 4th grade class and that happened all most 20 percent of his time in spanish emergent so you can imagine my spanish is non existent this is a huge impact for a child. what also impacts when there isn't a subitute and sometimes when there is if there is no lesson plan that means no homework. for my son my partner and i create homework when he doesn't have it but not all other families are able to dothat. what is interesting for me is if when you do that analysis if you look to see if that impact is happening in elementary schools how it impacts middle school and h

next speaker mrs. casey and again thank you for being here and for all you have done on the prior issue of homelessness. >> thank you very much supervisor. i didn't have my glasses so when i saw the chart i couldn't tell if it is broken by high school, middle school and elementary school. this is anecdotal but last week another parent and i met with [inaudible] in the second grade and he is moved green table goes to the third grade class, red to the 4th grade class and that happened all most 20 percent of his time in spanish emergent so you can imagine my spanish is non existent this is a huge impact for a child. what also impacts when there isn't a subitute and sometimes when there is if there is no lesson plan that means no homework. for my son my partner and i create homework when he doesn't have it but not all other families are able to dothat. what is interesting for me is if when you do that analysis if you look to see if that impact is happening in elementary schools how it impacts middle school and h

next speaker mrs. casey and again thank you for being here and for all you have done on the prior issue of homelessness. >> thank you very much supervisor. i didn't have my glasses so when i saw the chart i couldn't tell if it is broken by high school, middle school and elementary school. this is anecdotal but last week another parent and i met with [inaudible] in the second grade and he is moved green table goes to the third grade class, red to the 4th grade class and that happened all most 20 percent of his time in spanish emergent so you can imagine my spanish is non existent this is a huge impact for a child. what also impacts when there isn't a subitute and sometimes when there is if there is no lesson plan that means no homework. for my son my partner and i create homework when he doesn't have it but not all other families are able to dothat. what is interesting for me is if when you do that analysis if you look to see if that impact is happening in elementary schools how it impacts middle school and h

next speaker mrs. casey and again thank you for being here and for all you have done on the prior issue of homelessness. >> thank you very much supervisor. i didn't have my glasses so when i saw the chart i couldn't tell if it is broken by high school, middle school and elementary school. this is anecdotal but last week another parent and i met with [inaudible] in the second grade and he is moved green table goes to the third grade class, red to the 4th grade class and that happened all most 20 percent of his time in spanish emergent so you can imagine my spanish is non existent this is a huge impact for a child. what also impacts when there isn't a subitute and sometimes when there is if there is no lesson plan that means no homework. for my son my partner and i create homework when he doesn't have it but not all other families are able to dothat. what is interesting for me is if when you do that analysis if you look to see if that impact is happening in elementary schools how it impacts middle school and h

casey anthony told her attorney jose baez how she killed her little daughter caylee and where she hid the body and paid him off in sexual favors. well, mrnce the news broke. >> one, el chapo did not finance casey anthony's defense. two, did not have an inappropriate relationship with anthony. three, she was not kidnapped and taken to colombia. four, she never told me she murdered her child and where the body was. >> well, the man behind the claims is the private investigator named dominic casey. baez says that casey only worked on his case for a few weeks before he was dismissed. that's when he says the investigator started to make the accusations. baez said he plans to pursue legal action. >>> is the bad blood between katy perry and taylor swift finally gone for good? ♪ ♪ nothing but bad blood, you know we used to be mad love ♪ >> perry tweeting long standing rivals swift, miss you, baby. but that wasn't katy perry. her account was hacked. an unknown twitter troll had a link to one of the unreleased songs but it's been pull down because of violating copyright laws. neither perry or swift have commented on that. i'm sure you were awaiti

. >> senator casey? >> mr. chairman, thanks very much. in the interest of time, let me say first thank you to the panel for being there. i'll submit a question for the record which will focus on nea, aft and la raza, but in my limited time i wanted to direct my questions to ms. marshall regarding the 1% cap on assessments for students with the most significant cognitive disabilities. >> maybe two if i can get to that. it's good that we had this win, that we codified an important policy made it law. how do you think in terms of how it's going to work, how will this policy, which is a continuation of prior policy, help special education teams he, help schools, help school districts making that very critical decision about which children should take which tests? >> thank you, senator casey. i want to thank you for your leadership on this issue. on it was a huge win for us to get this cap. we are the students that are represented around the table at the i piismts whose teams are making these decision, and for all too often for whom there is a

. >> senator feinstein has spoken strongly on this and joined by senator casey of pennsylvania. >> fate you very much mr. chairman. to those you have testified testified, i can say i knew you before you do grey here i hope it was in the federal government that put it there but there probably was. [laughter] >> but it is one of the failings that has bothered me meeting for a substantial period of time, the united states supreme court of they four / four position would rigo the court is divided and what impact that will have many of us estimate it will be a year and a half by the time you get through the vetting process so i want to ask a question what happens when the court to is tied in the lower courts are split and cannot resolve a case? we keep -- we have already see that already the public sector labor case and the death penalty case the state sovereignty case and gender discrimination case. this week the court deferred if those nonprofits could hold contraceptive coverage that is vitally important nationwide solid like to have your view of what happens with a four / four split? >> that it is affirm

casey. >> thank you, mr. chairman. in the interest of time let me say first thank you to the panel for being here, for your good work on this legislation. i will submit a question for the record, which will focus on laurent is a. in my limited time only to direct my questions to ms. marshall, the 1% cap on assessment for students with the most significant cognitive disabilities. i guess maybe two if i can get to that. it's good we had this win, that we codified an important policy, made it law. and i just want to ask you, how do you think in terms of how is going to work, how will this policy, which is a continuation of prior policy, hope special education teams, help schools, help school districts making that very critical decision about which children should take which test speak with think you senator casey. i want to thank you for your leadership on this issue. it was a huge win for us to keep his cap and we are the students that are represented around the table whose teams are making this decisions. and for all to

mr. chairman, i yield back. >> i thank the gentleman from georgia. i now recognize myself for five minutes. and first of all, i want to thank the ranking member for asking you to tell us about casey and sarah. and if you can, mr. martin, tell us a little bit about marilyn ferris. we don't want these people to just be statistics. and i watched as people wiped tears, as a dad of two daughters, i can't imagine what you've been through. all of us are very, very grateful for you coming. this has been very helpful. mr. root, is it true that mrmr. mr. maha's bill was the cost of less than sarah's bill? >> yes. >> is it true he did not have a driver's license? >> he did not. >> do anyhow know whether he ever had one? >> i do not know that fact. i know there's no insurance, the vehicle that killed my daughter, i'm not even sure the true owner of that vehicle. it's in the omaha impound lot right now. i heard it was from another illegal roofing contractor from wichita, kansas. but they won't let me take out of there to get it dusted for prints or whatever you want to say. >> okay. mr. martin, i listened to mr. burbank's response to chairman chaffetz about deporting drunk drivers. and frankl

mr. root, i'm proud of you for representing her today and i'm proud of your service to our country. casey chatwick, miss hartling, as a former minister, i can only imagine what your family is going through losing a 25-year-old daughter. thank you for representing her today. there is also another group of people that i want to talk about. three people, again, edward mejia, jean jacques and victor ramirez. they were arrested on previous charges before they ultimately committed these crimes. the chief did his part over a 15 month time, he arrested this gentleman six times. six times over 15 months. . this is a guy along with a partner who beat her face in with a hammer. somehow she fought back, survived eight days. see, this is huge. and then we hear today from my colleagues, that the way we justify this is that criminal aliens, according to one statistic, commits less crimes than the general public of which you had a sweet chat with him about. what if they weren't here to begin with? would they have committed these crimes? it is not rhetorical. and then we talk about returning these people

eloquently and was joined by senator casey and i'm not sure if you heard the comments judge lewis made earlier about you and some of your predecessors. >> thank you very much mr. chairman. to those who have testified today, i just want to say thank you and specifically to rod slater. i can say i knew you before you had gray hair and i hope it wasn't the federal government that put it there but it probably was. welcome back, it's good to see youth. >> thank you. >> i would like to ask this question because it's one of the things that has really bothered me and that has to do with leaving for substantial amount of time the united states supreme court and a tied position. a4 - 4 position when we know the court is divided. what impact that's going to have, i think there are many of us that estimate that the time will be likely a year and a half by the time you get through the vetting process and all of this that you can process another nominee. so i wanted to ask the question as to what has happened when the court accepts, what happens when the court is tied and the lower courts are split and unable to resolve the case? we've seen that already in for tie votes, a

casey of pennsylvania and i don't know if you heard the nice comments that judge lewis made earlier but and your predecessors. senator finance? senator finance: well thank you, thank you very much, mr. chairman and to those who have testified today i just want to sigh thank you, specifically to rod slater, i can say i knew you before you had gray hair in your head and i hope it wasn't the federal government that put it there, but it probably was. welcome back. >> thank you. senator finance: it's good to see you. -- feinstein: it's good to see you. one question that's really bothered me, that has to do with leaving for a substantial period of time the united states supreme court in a tied position, 4-4 position when we know that the court is died -- divided and what impact that's going to have. i think there are many of us that estimate that the time is likely to be a year and a half by the sometime -- time you get through the vetting process and all this, that you can process another nominee. so i wanted to ask the question as to what happens when the court accepts, when the lower -- what happens when the court is tied and the lower courts are split and unable to resolve a case? we

mr. chairman. let me first of all start off by expressing how very sorry i am for the families of casey chadwick, sarah root, and marilyn ferris. the crimes that were committed against them were brutal and barbaric. and their lives were stolen away from them all too soon. but not only were their lives stolen away from them, their lives were stolen away from their parents and their friends and relatives. and so to mr. root, mrs. heartling i want to thank you for being with us today. i thank you for something else, though. i thank you for taking your grief and turning it into a passion to make sure that it does not happen to anybody else. i really appreciate that. thank you. i know how painful it must be to relive these nightmares. especially before a congressional committee. when i read your testimony, mr. root, i got to tell you, you said over and over again, a parent should never have to do this. identifying a child who has been harmed and murdered. so only you can truly know what losses mean to your families. i also lost a loved one. five years ago, almost to the day, a nephew. at old dominion colleg

casey in pennsylvania. and i u don't know 23 you heard the comments made earlier about some of your predecessors. >> thank you very much, mr. chairman. and to those who have testified today, i just want to say thank you and specifically u i can say i knew you before you had gray hair on your head and i hope it wasn't the federal government who put it there but it probably was. welcome back. it's good to see you. leaving for substantial period of time. the united states supreme court on a tied position. the court is divide. by the time you get through the vetting process, you can process another nominee. so i wanted to ask the question as to what happens when the court accepts -- what happens when the court is tied and the lower courts are split and is unable to resolve a case. we have seen that already in four tie votes, a public sector labor case from my home state, a death penalty case, a state sovereignty u case and a gender discrimination case. and this week the court deferred on an important issue involving whether religiously affiliated nonprofits can withhold contraceptive coverage from their employees. on what happ

mr. chairman. let me, first of all, start off by expressing how very sorry i am for the families of casey chadwick, sarah root and marilyn ferris. the crimes that were committed against them were brutal and bar bieric, and they -- barbaric, and their lives were stolen away from them all so soon. their lives were stolen away from them, their parents, their friends and relatives. and so to mr. root, mr. hartling, i want to thank you for being with us today. i thank you for something else though. i thank you for taking your grief and turning it into a passion to make sure that it does not happen to anybody else. i really appreciate that. thank you. i know how painful it must be to relive these nightmares, especially before a congressional committee. and when i read your testimony, mr. root, i gotta tell ya, you said over and over again a parent should never have to do this. identifying a child who has been harmed and murdered. so only you can truly know what losses mean to your families. i also lost a loved one five years ago almost to the day, a nephew at old dominion college. folks busted into his r

casey: thanks very much. >> thank you. well, heck, i may take a little contrarian viewpoint to some. miss marshall, you mentioned the 1% cap, let's go back to the dyslexic children. now, most children -- mr. cassidy: if anyone differs with me, i don't think there's any school district in the nation which screens for dyslexia in grade one. if anyone knows of such a district, please let me know. you have 20% of the population dyslexic. at some point somewhere between third and fourth grade children, typical child, begins to learn to read whereas the dyslexic child is still learning to read. i think i got that right. we are going to have a standardized test in fourth grade which assumes fluency, yet that child who is dyslexic is still learning to decode and is not afluent reader. in a sense we have a failure. in fourth grade we are going to test 20% of the children in way which they are not yet ready to be tested by. now, i suppose if you have a 1% cap let's imagine in the future some progressive school district would actually screen all the children and find that 20%. would we still test them with the same standardized test knowing by grade 4 they will still not be reading adequately? some

casey: thanks very much. >> thank you. well, heck, i may take a little contrarian viewpoint to some. miss marshall, you mentioned the 1% cap, let's go back to the dyslexic children. ow, most children -- mr. cassidy: if anyone differs with me, i don't think there's any school district in the nation which screens for dyslexia in grade one. if anyone knows of such a district, please let me know. you have 20% of the population dyslexic. at some point somewhere between third and fourth grade children, typical child, begins to learn to read whereas the dyslexic child is still learning to read. i think i got that right. we are going to have a standized -- standardized test in fourth grade which assumes fluency, yet that child who is dyslexic is still learning to decode and is not afluent reader. in a sense -- a fluent reader. in a sense we have a failure. in fourth grade we are going to test 20% of the children in way which they are not yet ready to be tested by. now, i suppose if you have a 1% cap let's imagine in the future some progressive school district would actually screen all the hildren and find that 20%. would we still test them with the same standardized test knowing by grade 4 they

casey, the other by me. one is a democrat, the other is a republican. and the other seats have had vacancies for far shorter periods of time. so, mr. president, i think this would be progress. if we could simply agree to have a vote on these two nominees, and then let's see where we go from there, but let's get off this all or nothing, zero or 11 situation, and let's confirm the two judges who would fill the vacancies that have lasted the longest. and so, mr. president, i ask unanimous consent that the senate proceed to executive session to consider the following nominations -- calendar number 460 and 461 en bloc, that the senate vote on the nominations en bloc without intervening action or debate, that if confirmed the motions to reconsider be considered made and laid upon the table en bloc, the president be immediately notified of the senate's action, and the senate then resume legislative session without any intervening action or debate. the presiding officer: is there objection? mr. whitehouse: mr. president? the presiding officer: the senator from rhode island. mr. whitehouse: reserving the right to object, on the executive ca

casey of pennsylvania. i don't know if you heard the nice comments judge lewis made earlier about you and some of your predecessors. senator feinstein. >> thank you. thank you, mr. chairman. and to those with testified today i just want to say thank you, and specifically rod slater. i say i knew you before you had gray hair into a. i hope it wasn't the federal government that put it there, but it probably was. will come back. it's good to see you. >> thank senator. >> i would like to ask this question because it's one of the things that has really bothered me, and that has to do with leaving for a substantial period of time. the united states supreme court in a tight position, i 4-4 position when we know the court is divided. and what impact that's going to have. i think there are many who estimate that the time is likely to be a year and a half by the time you get through the vetting process and all of this, that you can process another nominee. so i wanted to ask the question as to what happens when the court accepts, when the lower, what happens when the court is tied and the lower courts are split and is unable to resolve a case? we have seen that already i