[AUDIO] Sen. Coons: Trump’s comments have created ‘a significant complication for the legitimacy of the Court’

WASHINGTON – Today, U.S. Senator Chris Coons, a member of the Senate Judiciary Committee, joined NPR to discuss Republican efforts to swiftly confirm a Supreme Court justice and President Trump’s comments on a peaceful transition of power. 

“I think this creates a significant complication for the legitimacy of the Court and any justice nominated this close to an election rushed through in a partisan process where the president explicitly says, I want my handpicked justice in order to rule on my election, that justice should recuse herself,” said Senator Coons. “If you think about it, Justice Ginsburg’s dying wish was that the voters should pick the next president and the next president pick her successor. Because she knew what was on the line, not just the future of the Affordable Care Act and gender- and LGBTQ-equality and labor rights and environment, but reproductive rights. Now we can add to that the election and the whole legitimacy of our election.”

Senator Coons continued, “I’ve learned in ten years on the Foreign Relations Committee when a head of state elsewhere in the world with authoritarian tendencies tells you they intend to do something outrageous, like not accept a peaceful transition after an election, something President Trump said yesterday, you should believe them.”

Full audio is available here. A transcript is provided below. 

Q: Senators find out soon who they will consider as a possible Justice of the U.S. Supreme Court. The late Justice Ruth Bader Ginsburg was moved to the U.S. Capital to lie in state on Friday. President Trump names her replacement Saturday. Senate Republicans are determined to move quickly on that replacement, somewhat confirmation, before Election Day and Democrats are deciding what to do. Senator Chris Coons is a Democrat from Delaware and he sits on the Senate Judiciary Committee. Senator, welcome back to the program. 

Sen. Coons: Great to be on with you, Steve.

Q: Can a Court nominee, any nominee, be properly considered in less than 6 weeks, which is the time we have before the Election Day? 

Sen. Coons: Well Steve, I wish that the Republican majority would both follow the precedent they set in 2016 and allow us time to properly consider the background, the writings, the judicial philosophy, of whoever may be nominated this weekend. We should not be barreling ahead with this. No presidential nominee to the Supreme Court has been confirmed in our history this close to a presidential election. I believe we’re just 40 days out and importantly half the states, 25 states, have already begun early voting.

Q: Rush Limbaugh, conservative radio host, has been suggesting to the Republicans they should move this so quickly they don’t even bother with a hearing, which would be before your committee. I’d like to know what the rules are, Senator Coons. Is there any rule, any law, any requirement, that there must be a hearing for whoever the president nominates? 

Sen. Coons: The Constitution provides that the Senate shall give advice and consent, but there’s nothing in the Constitution that gives the contours of exactly what that means. The Senate Judiciary Committee relies on tradition, on the way that previous nominations have always been done, and I’m not aware of there being a rule that requires a hearing to be of any particular length – an hour, a day, a week. Traditionally, we have literally had weeks to consider the background of a nominee and at least four full days of confirmation hearings.

Q: But it sounds like if Republicans were to choose they were in a rush, they could dispense with all of that. 

Sen. Coons: The Republican majority seems bent on an exercise of raw political power and if that’s what they choose to do, there’s nothing in our rules that allows us to prevent that. What I hear from Delawareans, Steve, is “why does Mitch McConnell want to move heaven and Earth to confirm a nominee with just 40 days left instead of taking up and passing a bipartisan relief package for this pandemic and why is the Supreme Court hearing an argument supported by President Trump the week after the election to take healthcare protections away from half of all Americans, the gender discrimination protections of the ACA and the pre-existing condition protections from a hundred million Americans including the six million Americans infected in this pandemic who have new pre-existing conditions?” We should be focusing on those two issues: protecting healthcare, delivering relief from the pandemic.

Q: Well there’s another reason that Republicans have given for rushing a judge in or from your perspective rushing a judge in. Vice President Pence has referred to it, the President referred to it. The President explicitly said yesterday, I want the justice on the Supreme Court so that justice can rule in what he expects to be a disputed election. He’s already anticipating going to the Supreme Court with the results of this election and he would like to choose the justice who would be one of the nine making a decision there. I guess my question for you is whether you think that justice, whoever it is, could rule fairly on a disputed election after the President has said that’s the reason I want to appoint the person.

Sen. Coons: I think this creates a significant complication for the legitimacy of the Court and any justice nominated this close to an election rushed through in a partisan process where the president explicitly says, I want my handpicked justice in order to rule on my election, that justice should recuse herself. If you think about it, Justice Ginsburg’s dying wish was that the voters should pick the next president and the next president pick her successor. Because she knew what was on the line, not just the future of the Affordable Care Act and gender- and LGBTQ-equality and labor rights and environment, but reproductive rights. Now we can add to that the election and the whole legitimacy of our election. Steve, I’ve learned in ten years on the Foreign Relations Committee: when a head of state elsewhere in the world with authoritarian tendencies tells you they intend to do something outrageous, like not accept a peaceful transition after an election, something President Trump said yesterday, you should believe them. 

Q: If there is a hearing, assuming that Republicans follow tradition and give a full hearing to the nominee, will you be asking the justice to recuse herself, and we’re using herself because the president has said he’s likely to nominate a woman?

Sen. Coons: I think that’s an important question to raise. I think that needs to be pressed in whatever form by the nominee because frankly, every standard of judicial conduct would suggest that where you have a complicated relationship, where you have arguably an ethical complication as a judge, you should recuse yourself. I know this will be hotly debated by members of the Judiciary Committee as well as legal ethicists but I suspect many of us will end up pressing that question in whatever form.

Q: Couple of other questions Senator Coons. You said that Mitch McConnell, the Senate Republican leader, is exercising raw political power which appears to be simply a statement of fact. They’ve got more than 50 votes, they say they have the power, they’re going to use it. Do you have, do Democrats have, any power of any kind, any raw power that you could use to delay or block a nomination?

Sen. Coons: Well, Steve, we should not be proceeding with this nominee. We are left frankly hoping that two other Republicans will join Senators Murkowski and Collins in saying that “fair is fair” and they will follow the same standard that they set in 2016, of refusing to consider a nominee during an election. Back then, it was Justice Scalia who passed 10 months before the election and they held that seat open all the way through the election. Here we are, as I said just 40 days, so we shouldn’t be doing this process. There shouldn’t be a confirmation process but frankly, we’re going to make our case to the American people that it’s the Affordable Care Act that hangs in the balance and that what both President Trump and the Republican majority are doing is an illegitimate partisan rush to fill a vacancy.

Q:  If I might though, I’m glad you mentioned 2016. Republicans clearly flip flopped. They said in 2016 that people should decide. They say in 2020, it’s all different because the president is from their party. But they’ve gone to say, Democrats have switched places too. In 2016 you said, there’s one president, one Senate, and they should do their job. Have you flipped flopped?

Sen. Coons: Look, I think the changes in position have one significant difference. We opposed their effort to set this new standard in 2016. They’re refusing to live by their own standard. And there is a significant difference historically in terms of how close we are to the elections, the fact the election is underway and now the fact that the president is saying, I want my handpicked justice to be prepared to intervene. In 2000, the Supreme Court reached down and stopped proceedings in Florida and thus decided the outcome. I think that really challenged the legitimacy of the Court and should not be repeated.

Q: Senator Chris Coons of Delaware, always a pleasure. Thank you so much.

Sen. Coons: Thank you, Steve.

Q: He sits on the Senate Judiciary Committee.

###

[AUDIO] Sen. Coons: Trump SCOTUS nominee ‘would affect health care for half of all Americans’

WASHINGTON – Today, U.S. Senator Chris Coons (D-Del.) joined NPR to discuss his concerns about confirming a Supreme Court justice before the next inauguration and the impact on health care access.

“Health care, a fundamental human right, and gender equality in how health care is distributed, is on the ballot because literally a week after the election, the Supreme Court will hear a decisive case. I’ll remind you the Affordable Care Act prohibits gender discrimination in how insurance companies provide health care, as well as providing pre-existing condition discrimination protection for 100 million Americans. So the issues really are closely linked, both her legacy and what’s in front of the Court,” said Senator Coons. “[G]iven President Trump’s promise that he will nominate someone who would affect health care for half of all Americans by attacking the Affordable Care Act, I’m concerned about what it means both for her legacy of advancing gender equity and for the future of the Court and our country.”

Full audio is available here. A transcript is provided below.

Q: Senator Coons, welcome back to the program. 

Sen. Coons: Great to be with you, Jenn.

Q: Well, President Trump plans to announce his choice for the Supreme Court appointment on Saturday. You told Fox News last weekend that filling the late Justice’s seat before the November election would, quote, ‘dishonor her legacy.’ Explain why.  

Sen. Coons: Well first, it is important that we take a moment and reflect on her actual legacy. Later today I’ll be going to pay my respects as she lays in repose in the Supreme Court before she moves to lie in state in the United States Capitol. And she was a towering figure in American law despite her diminutive stature and her often soft voice, she spoke loudly and fiercely through her writings, through her defense, through her actions about the importance of gender equality, about the significance of our Constitution, about the importance of the Supreme Court. And so I am concerned, gravely concerned, that as the Republican majority here in the Senate barrels towards a partisan confirmation exercise just forty-one days before an election, in which half the states have already started voting, that we would not just dishonor her dying wish, which she dictated on Rosh Hashanah to her granddaughter that the voters would choose the next president and the next president her successor, but given President Trump’s promise that he will nominate someone who would affect health care for half of all Americans by attacking the Affordable Care Act, I’m concerned about what it means both for her legacy of advancing gender equity and for the future of the Court and our country.

Q:  Well, many are pointing to 2016 as the rule book for handling this nomination. That’s the year Republicans blocked President Obama’s Supreme Court nominee, Judge Merrick Garland. Back in 2016, you argued that the seat should’ve been filled as soon as possible. In your view, why is this nomination different from 2016?

Sen. Coons: There’s two differences, but you know frankly the larger point is no president in modern history, no Senate in modern history, has nominated and confirmed a justice to a vacancy this close to an election. Justice Scalia passed in February, more than 10 months before an election. Justice Ginsburg passed very close to this election. As I said, it’s just 41 days. But in some ways it’s more important that the Republican majority insisted, demanded, forced a new standard four years ago. Many of them came to the floor and spoke about the significance of letting the American people pass judgment on the issues of significance that would be before the Court and thus which president should choose. Health care, a fundamental human right, and gender equality in how health care is distributed, is on the ballot because literally a week after the election, the Supreme Court will hear a decisive case. I’ll remind you the Affordable Care Act prohibits gender discrimination in how insurance companies provide health care, as well as providing pre-existing condition discrimination protection for 100 million Americans. So the issues really are closely linked, both her legacy and what’s in front of the Court, and I think a key difference between 2016 and 2020 is how the Republican majority is conducting themselves.

Q: So what I hear you saying is really two things. On one hand, you think the American people should, through their election of a president, have a say in who the next Supreme Court Justice should be or that that justice’s views perhaps align with their own. But you also are asking Republicans to follow the same rules they set up during President Obama’s nomination of Merrick Garland. Is that an accurate portrayal?

Sen. Coons: That’s right, Jenn. Two of my colleagues have already announced that they will not support or participate in a vote before the next inauguration. And my colleague Senator Murkowski said it concisely, but most appropriately: fair is fair. If we voted for and held up a standard in 2016 that we shouldn’t fill a vacancy, even more so in the midst of a pandemic, a national crisis when Majority Leader McConnell isn’t negotiating, isn’t making progress towards another pandemic relief package, and where issues of such consequence are clearly on the agenda for the Court, we shouldn’t be moving forward.

Q: Yesterday, Senator Mitt Romney, a Republican from Utah, announced that he would not block the president’s nominee from being considered. So that means Senate Majority Leader Mitch McConnell likely has the votes he needs to move forward with the nominee. So what happens now? What can Democrats do, if anything, to delay this process? 

Sen. Coons: Well this is the Republican majority institution, and they have the ability if they’re willing to blast through norms and precedent and tradition to race to a confirmation. But the timeline between now and when Chairman Graham will most likely hold these hearings is shorter than it’s been for any of the nominees that have come forward at least while I’ve been here. The ability for us to have a thorough background, and to read, and to meet with the nominee, which is what I’ve done with Justices Gorsuch and Kavanaugh, will be deprived for us. I frankly also think it’ll impede the ability of the American people to have their voices heard because, at least if the public commentary is to be believed, which I think it should be, the Majority Leader and the Judiciary Committee chairman are determined to race ahead with confirmation and votes even if they lose the election in the fall. We may well see a vote in the lame duck of a newly overturned majority.

Q: Well, Emily asks on Facebook: ‘What are he, meaning you, Senator, and other Democrats doing to reach across the aisle to make a SCOTUS decision best for all Americans?

Sen. Coons: I actually had dinner with Republican colleague Monday night to have an earnest conversation both just about how broken the Senate is more broadly in the ways in which we’re not reaching another compromise. Six months ago, I’ll remind you, we unanimously passed a 2.3 trillion dollar Covid relief bill that’s played a critical role in helping our hospitals, our schools, our states, our communities, individual families respond to this pandemic made worse by the Trump administration’s bungled handling of it. Tragically, we were just reflecting this week on the two hundred thousand Americans who’ve died. I had dinner Monday to talk with a dear friend who’s a Republican colleague, who is retiring, about what, if anything, he’s willing to do within his caucus and within the Senate. And I’ve talked individually and by phone and in other ways by a whole series of currently serving and formerly serving Republicans, because bluntly the best outcome here of course would be for four Republican senators to say, ‘We recognize the harm it will do to the institution, to the Senate, to the country to race through with this partisan nomination.

Q:  Well, Elizabeth wrote to us on Facebook saying, ‘If the Democrats threatened to add additional seats to the Supreme Court, it will become a huge Republican talking point and will backfire against the Dems. First, Senator, do you support adding additional seats to the Supreme Court?

Sen. Coons:  I don’t think it should come to that, meaning I think we should not have the hearings and a vote that are currently being urged by Republicans.

Q: But with the understanding that Republicans are in the majority and if they make the decision to move forward with this, there’s little Democrats can do to block it, would you be open to adding additional seats to the Supreme Court?

Sen. Coons:  You know, I’m not going to speculate on what we might do, because frankly that’s a purely hypothetical situation at this point. We’d have to win the presidency, we’d have to win the majority. And frankly, what we do then will depend on what Republicans do now and what we think the country can bear. We are in the middle of three crises right now, Jen: a nationwide public health pandemic… the worst a century…  the worst recession that we’ve had since the Great Depression, and a renewed focus on racial justice and the need for us to address equities – both of health and education and opportunity and policing. We’re going to need to find a clear path forward to address all of these, and the Republicans in the Senate are merely throwing fuel on the fire by doing this and trying to install a generational six to three conservative majority on the Court in a way that just compounds the grievance caused by their holding open for so long the seat of former Justice Scalia. Justice Scalia and Justice Ginsburg, as you noted, were friends. And one of the things that I’ve repeated in recent days is a quote by Justice Ginsburg: ‘Fight for the things you care about, but do it in a way that will lead others to join you.’ I’m concerned that this body, the Senate, is becoming more and more divided, more bitter, and more partisan… and simply threatening each other publicly more I think contributes to that division.

Q: Very briefly, Senator, we’re going to be speaking about the pandemic for the rest of the hour. There have been reports that emerged from NBC that says the CDC’s director undercut the work of their own scientists, and there’s concern that the CDC director, Robert Redfield, is caving to political influence instead of protecting the integrity of the agency’s work. Do you think Robert Redfield should resign? 

Sen. Coons: I don’t have the evidence right in front of me. I’m not a member of the relevant committee. I know there’s a hearing on that this morning. But I worked closely with Tom Frieden, his predecessor, who repeatedly has publicly commented there was only one political appointee when he was there. Now there’s six or seven. There’s clearly political influence afoot at the CDC, and it may require some remedial action as you suggest.

Q: That’s Democratic Senator Chris Coons of Delaware. Senator, thanks for your time.

Sen. Coons: Thank you, Jenn. 

###

[VIDEO] Sen. Coons: Health care protections ‘at stake in this confirmation process’

WASHINGTON — Today, U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined Jake Tapper on CNN to discuss Republican efforts to confirm a Supreme Court justice, the upcoming Supreme Court case on the Affordable Care Act, and the need for COVID-19 relief.

“In the next few days, I’ll continue to appeal both to the conscience of my colleagues here but also to the folks around the country who are watching who know what an outrage this is, who know this should not be a partisan exercise,” said Senator Coons.

Senator Coons added, “Majority Leader McConnell has had months to move a relief package for the COVID-19 pandemic and the recession and hasn’t done so. I’ve gotten texts from a dozen different folks in Delaware today, not about this nominee, but about their small businesses, their jobs, their kids’ schools. They’re wondering why is McConnell not doing anything to move a package forward, but instead he is now moving heaven and earth to race through a nomination.”

Full audio and video available here. A transcript is provided below.

Q: So, Senator, as of today it appears Republicans do have enough Republican votes to pursue this nomination even before a nominee is named, even before the election. Do Democrats have any options that you are considering to stop this?

Sen. Coons: Well, Jake, this really is on Republicans. They are reversing themselves just four years after they set the precedent in 2016 of refusing to take up a hearing, to give a vote to President Obama’s nominee Merrick Garland because he was nominated ten months before an election. We are now just 42 days before an election, in which I’ll remind you, half of the states are already voting. In 25 states, there is early voting happening. So this really is on the majority party, on the Republicans. They are the ones who are going to jam this through the Judiciary Committee, jam it through the floor if that’s what happens. I’ll remind you, Justice Ginsburg passed on Rosh Hashanah. She dictated to her granddaughter her dying wish which was that the voters would choose the next president, the next president her successor because she knows the consequences of who replaces her. Your reporter just referenced the case that will be in front of the Supreme Court a week after the election which will consider the Affordable Care Act. She said it affects 20 million Americans. It affects 100 million Americans in terms of the pre-existing condition discrimination protection. And given Justice Ginsburg’s legacy, another key part of the Affordable Care Act is it prohibits discrimination by insurance companies based on gender. That’s half of all Americans. So, frankly, what’s on the ballot and what’s at stake in this confirmation process is protections for half of all Americans.

Q: So, just to be clear when she said 20 million, I think she was referring to those who got through the Medicaid expansion have insurance because of Obamacare. Let me ask you, because obviously not every Republican senator said this, okay, but when Mitch McConnell talked about how he was not going to give Obama’s nominee, Merrick Garland, a hearing, he said that one of the reasons for it was not just that it was an election year, but because the Senate was controlled by a different party than the White House–in other words, divided government. That’s not operative here. Now I get a lot of people like Lindsey Graham and Marco Rubio when they talked about why they weren’t going to give Merrick Garland a hearing, they didn’t talk about the divided government part of this. But Mitch McConnell did. So, he specifically is not being inconsistent, is he? 

Sen. Coons: Well, Majority Leader McConnell is quite agile. And he has reframed and recast his justifications a number of times. Chairman Graham is one who specifically said, if four years from now Donald Trump is president and if we have a vacancy come up in the election year, we won’t hold a hearing, we won’t hold a vote. He’s the one most directly responsible for moving us forward in the next couple of days. So, frankly, as you remember, Jake, there were dozens of Republicans who gave floor speeches and public statements about how important it was to make sure that the entire electorate had a say in an election which at that point was nine or ten months away. There is one precedent in American history where there was a vacancy this close to an election. Abraham Lincoln was president at that point, and he did not nominate someone to fill the seat. He let the electorate decide. I wish that my Republican colleagues would respect Justice Ginsburg’s dying wish. And I will continue to work with him to see if there is any way that they will step back from this abyss, which I think will further divide our country, our Senate, and cause further challenges for the Supreme Court. 

Q: So it seems pretty clear several sources are telling CNN that Judge Amy Coney Barrett has emerged as President Trump’s favorite, at least as of now. Putting aside her differing political views from yours, is she qualified? Is she a qualified potential nominee? 

Sen. Coons: Well, Jake, I would have to wait for there to be a nomination for me to begin reviewing her record and background and commenting on it. As you know, there are several others under consideration. And it, frankly, shouldn’t come to this. Justice Ginsburg is going to be lying in repose in the Supreme Court the next two days. She will be lying in state in the Capitol. The first woman to do so, which is a fitting recognition of her lifetime of dedication to gender equality. I will consider the qualifications. But, frankly, we shouldn’t be getting to this point. And in the next few days, I’ll continue to appeal both to the conscience of my colleagues here but also to the folks around the country who are watching who know what an outrage this is, who know this should not be a partisan exercise. Majority Leader McConnell has had months to move a relief package for the COVID-19 pandemic and the recession and hasn’t done so. I’ve gotten texts from a dozen different folks in Delaware today, not about this nominee, but about their small businesses, their jobs, their kids’ schools. They’re wondering why is McConnell not doing anything to move a package forward, but instead he is now moving heaven and earth to race through a nomination.

Q: There was a bill but Democrats blocked it from coming up, right? Because it wasn’t strong enough.

Sen. Coons: Well, that wasn’t just a skinny bill. That was an emaciated bill. I recognize there was a distance between what the White House said, over a trillion, and what Nancy Pelosi, Speaker of the House, said. She and the House passed a $3.5 trillion bill. But what it was that Majority Leader McConnell put on the floor was a very small bill that had some protections for employers that, frankly, would’ve made it impossible for employees to ever get relief, even if they had irresponsible employers. 

###

[VIDEO] Sen. Coons: Health care access, gender equity are ‘exactly the sort of legacy that Justice Ginsburg would want us to fight really hard for’

WASHINGTON – Today, U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined CNN New Day with Alisyn Camerota to discuss the late Justice Ruth Bader Ginsburg’s impact on national issues including gender equity and health care. 

“It was Justice Ginsburg’s dying wish, dictated to her granddaughter on Rosh Hashanah that the voters should choose the next president and the next president should choose her successor, because she knows the future of gender equity, of the Affordable Care Act, of so much more, clean air, clean water, labor rights and the right to organize—it all hangs in the balance,” said Senator Coons. “We have six million Americans who have been infected in this pandemic, largely exacerbated by Trump’s bungled response, who may now have new pre-existing conditions. […] The Affordable Care Act protects women against discrimination by insurance companies on the basis of being women, which is exactly the sort of legacy that Justice Ginsburg would want us to fight really hard for.”

“We are 43 days from an election, not ten months from an election. Voters are already casting ballots in half of our states. It is the height of hypocrisy to having held open Justice Scalia’s seat to four years later do the exact opposite less than six weeks before the election,” added Senator Coons.

Audio and video is available here. A transcript is provided below. 

Q: All eyes on Republican senators as they prepare to hear President Trump’s Supreme Court pick. Senators Lisa Murkowski and Susan Collins say they oppose the effort to confirm a nominee before Election Day. Senate Majority Leader Mitch McConnell plans to move quickly, though, despite his decision to ignore President Obama’s election year nominee in 2016. Here is what Republican Senator Lindsey Graham said at the time: “I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say, Lindsey Graham said, ‘let’s let the next president, whoever it might be, make that nomination.’ And you can use my words against me and you would be absolutely right.” Joining us now, Democratic Senator Chris Coons, a member of the Senate Judiciary Committee, which would hold confirmation hearings. Senator, nice to see you. Have you run into Lindsey Graham over the past few days or talked to him about why that seeming massive flip-flop? 

Sen. Coons: Alisyn, no, I haven’t reached out to Chairman Graham over the weekend. I will see him later today. And I do intend to have conversations, not just with him, but with a number of other colleagues, Republicans and independents, because at the end of the day, this is in their hands, to decide whether they’re going to violate their own precedent, which as you quoted Lindsey Graham saying there, they set in 2016, whether they’re just going to flip-flop, turn right back around and say, oh, it doesn’t matter that we’re 43 days from an election, it doesn’t matter that there are voters voting in half the states, in 25 states, we’re going to barrel ahead with a partisan exercise and force through a conservative justice. Alisyn, let me just take a moment and thank you for the segment you just did, honoring and remembering those who have passed away during this pandemic; the nearly 200,000 Americans who have died. I also think we should take just one breath to recognize the remarkable legacy of Ruth Bader Ginsburg, a towering giant, despite her diminutive size, a clarion call, a forceful voice for justice despite her sometimes soft-spoken nature. She was a fierce advocate, particularly for gender equity. Health care is on the ballot. It was Justice Ginsburg’s dying wish, dictated to her granddaughter on Rosh Hashanah that the voters should choose the next president and the next president should choose her successor because she knows that the future of gender equity, of the Affordable Care Act, of so much more, clean air, clean water, labor rights and the right to organize – it all hangs in the balance. 

Q: We appreciate you taking a moment to remember all of that. I hear you. We do speed ahead with what’s next because all of this feels so urgent and so critical. Part of the reason we wanted to talk to you is because we know that you do have those across-the-aisle conversations and you do try to make those personal appeals to your Republican colleagues. Have you had any of those conversations yet? 

Sen. Coons: Yes.

Q: And what have they told you? 

Sen. Coons: Well, I’m not going to repeat it here on national television, but, you know, look, I’m very grateful that two senators have come out with clear positions, in particular Senator Murkowski of Alaska, I think, summed it up perfectly. Fair is fair. Senator Murkowski had just said on Friday, just coincidentally had repeated in an interview on Alaska Public Radio that the positions she took in 2016 should be the position that Republicans take in 2020. And then Justice Ginsburg passed away. It wasn’t certain that she’d repeat that, but she has stuck to that position. I’m, of course, disappointed in a number of folks who are institutionalists, who are retiring senators, that they simply say, well, there’s a Republican majority, so we’re going to jam this through. The consequences for the institution of the Senate, for the legitimacy of the Supreme Court, for the American people are grave here. And I’ll remind you, there is a case being argued in the Supreme Court the week after the election in which 18 Republican state attorneys general, with the support of President Trump, are trying to take away pre-existing health care condition protection from 100 million Americans. And we have 6 million Americans who have been infected in this pandemic, largely exacerbated by Trump’s bungled response, who may now have new pre-existing conditions and the Affordable Care Act protects women against discrimination by insurance companies on the basis of being women, which is exactly the sort of legacy that Justice Ginsburg would want us to fight really hard for. 

Q: I don’t need you to share any of your verbatim conversations with Republicans, though if you want to, feel free. But what I’m getting at is, are there any that you have spoken to, beyond Collins and Murkowski, who have expressed some discomfort with moving ahead at this pace 43 days before an election? 

Sen. Coons: Discomfort, yes. But, you know, look, at this point, this is going to be a very tough series of conversations in the next few days. Obviously, Majority Leader McConnell, President Trump, is going to push really hard on every single Republican to make up their minds quickly, to make a public declaration and not to move back from it. And at the end of the day, we’re counting on a few Republicans to reflect on their conscience and to put country over party in this incredibly important moment.

Q: One of the things that you hear Republicans say, they invoke the Biden rule, the so-called Biden rule from, I think, 1992, he was speaking hypothetically. Do you have a response to them when they bring up the Biden rule and why that somehow makes all of this okay? 

Sen. Coons: So, three things, if I could. You know, first, as I said repeatedly on the floor in 2016, they were misapplying a stray comment from 1992, if you went into the context – anyway, it did not strictly apply. If the Republican majority, when Justice Scalia passed in February, ten months before the election of 2016, chose to make a new rule, whoever they want to name it for, and then defended it and then reasserted it in 2018, they should be held to it. We are 43 days from an election, not ten months from an election. Voters are already casting ballots in half of our states. It is the height of hypocrisy to having held open Justice Scalia’s seat to four years later do the exact opposite less than six weeks before the election, when Abraham Lincoln himself is the one president who, when a vacancy came up this close to an election, refused to fill it. 

Q: Here are some live pictures of protests in front of the Supreme Court. And I understand that Democrats are very upset and frustrated about the hypocrisy, but Republicans, many of them vote for President Trump for this very moment. They like that they’re going to get a conservative Supreme Court Justice. This is the moment they’ve been waiting for. And that might just be more powerful. 

Sen. Coons: Well, that certainly has been a motivating factor for millions of American voters for decades. But my hope, my faith, is that there are millions more who see this moment for what it is: a moment of deep division in our country, where Donald Trump personally has accelerated that division, a moment where his failed leadership on responding to the pandemic has cost 200,000 American lives.

###

[VIDEO] Sen. Coons: Honor Justice Ginsburg’s legacy by fighting for access to health care, equality

LEWES, Del. — Today, U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, joined Fox News Sunday with Chris Wallace to discuss the legacy of Justice Ruth Bader Ginsburg and the nomination process.

“[Justice Ginsburg] spent 27 years on our country’s highest court as a towering figure, a trailblazer, somebody who fought for gender equity, and I’ll remind you her dying wish dictated to her granddaughter as she passed on Rosh Hashanah was that the voters should choose the next president, the next president should choose her successor,” said Senator Coons. “That’s because she understood deeply our Constitution and the significance of the Supreme Court and its legitimacy. For the Republican majority just 44 days before the next presidential election to rush through a new Justice in a partisan confirmation process will further divide our country, will further challenge the legitimacy of the court, and I think would dishonor Justice Ginsburg’s legacy.”

On discussions by Republicans to nominate and confirm a Supreme Court Justice before the 2021 inauguration, Senator Coons added, “We are already divided enough, Chris, and there are already enough important issues on the ballot this November. Health care is on the ballot . . . [T]he Supreme Court is hearing a landmark decision just a week after the election in which President Trump and 18 Republican states attorneys general are trying to take away health care from a hundred million Americans in the midst of a pandemic, and there are 6 million Americans who have been infected, meaning they may have new pre-existing conditions.”

Full audio and video available here. 

Q: Senator, what’s wrong with President Trump and the Senate going ahead and confirming a replacement for Ruth Bader Ginsburg? I understand you won’t like their choice, but there’s nothing in the Constitution that curtails their power even if it’s just six weeks before the election.

Sen. Coons: Well, Chris, thanks for a chance to be on with you again. First, we should start by, if I can, offering my condolences to the family of the loved ones of Justice Ruth Bader Ginsburg. She spent 27 years on our country’s highest court as a towering figure, a trailblazer, somebody who fought for gender equity, and I’ll remind you her dying wish dictated to her granddaughter as she passed on Rosh Hashanah was that the voters should choose the next president, the next president should choose her successor. That’s because she understood deeply our Constitution and the significance of the Supreme Court and its legitimacy. For the Republican majority just 44 days before the next presidential election to rush through a new Justice in a partisan confirmation process will further divide our country, will further challenge the legitimacy of the court, and I think would dishonor Justice Ginsburg’s legacy.

Q: But, in 2016 when President Obama nominated Merrick Garland, as we just discussed with Tom Cotton, to the court and Republicans decided to block it, you were outraged. You wrote this: “Now all 100 members of the Senate must do our jobs by providing advice and consent on the president’s nominee.” You wanted the Senate to go ahead and vote on Merrick Garland. I understand nine months is longer than six weeks, but sir, the principle is the same. 

Sen. Coons: Here’s two key differences, if I might, Chris. First, in 25 states across our country, half of our states, Americans are already voting for the next president. We are not ten months or nine months away from an election, we are just 44 days from an election and an election where in half our states votes are already being cast. Second, the Republican majority set this new precedent. They set it in 2016, they fought hard for it. In fact the Chairman of the Judiciary Committee, Lindsey Graham restated it in 2018, so if they were going to set a new precedent that in an election year, there shouldn’t be a hearing, meetings, votes, they should live by it. One of my friends, my colleague Senator Murkowski said in announcing that she would oppose any vote on a nominee before the next president is sworn in. Fair is fair, and I frankly think the Republican majority should live with the precedent they set in 2016. 

Q: Alright, let’s get to the bottom line here because some people would say this is really about power, who has the votes much more than it is about principle. If President Trump goes ahead, as he says he will, and nominates someone to the court and if the Senate, as Senator McConnell says it will, goes ahead and decides to hold a confirmation hearing and then to hold a final confirmation vote, bottom line, is there anything Democrats can do to stop it? 

Sen. Coons: Well, Chris, it shouldn’t come to that, and so I’ve been appealing personally to my colleagues, Republicans and independents, to reflect on how this will impact the Senate, the Supreme Court, its legitimacy. We are already divided enough, Chris, and there are already enough important issues on the ballot this November. Health care is on the ballot. As you just said with Senator Cotton in your previous interview, the Supreme Court is hearing a landmark decision just a week after the election in which President Trump and 18 Republican states attorneys general are trying to take away health care from a hundred million Americans in the midst of a pandemic, and there are 6 million Americans who have been infected, meaning they may have new pre-existing conditions. And I’ll remind you a key element of the Affordable Care Act is gender equity.

Q: Senator, I understand all of that, I asked you a direct question though, is there anything Democrats can do to stop it? 

Sen. Coons: Well, the Republican majority is going to be responsible for what we do in the next 44 days. We ought to be delivering relief from this pandemic. We ought to be taking up and voting on a package that will help schools open safely and support more vaccine research and support state and local governments. Mitch McConnell hasn’t done that work in the six months since we last passed a relief package. That’s what we should be doing, not rushing through a nominee.

###

Senator Coons’ statement on the passing of Supreme Court Justice Ruth Bader Ginsburg

WILMINGTON, Del. – U.S. Senator Chris Coons (D-Del.), a member of the Senate Judiciary Committee, released the following statement on the passing of Supreme Court Justice Ruth Bader Ginsburg. 

“Justice Ruth Bader Ginsburg was a towering figure in America’s long march toward gender equality and she inspired millions around the world.  Her jurisprudence was guided by an unwavering commitment to the Constitution and justice for all Americans.

“Out of respect for her enormous contributions, with faith in our democracy, and mindful of the lasting consequences of her replacement, we should honor her final wish that she should be replaced only after the next presidential inauguration. 

“Given all the challenges facing our country, this is a moment when we should come together rather than having a rushed confirmation process further divide us.”

###

[VIDEO] Sen. Coons: Countering China ‘begins with strengthening the United States’

WILMINGTON, Del. — Today, U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee, joined Bloomberg TV’s Kevin Cirilli to discuss stimulus negotiations, economic recovery, and the direction of U.S. foreign policy.

“First, it begins with strengthening the United States, with reinvesting in our own manufacturing education, and bringing us together as a country so that we are more of a functional vibrant democracy so that our model continues to be attractive to the world,” said Senator Coons when asked how to engage China.“Second, it’s reengaging with our allies. Some of our most vital allies around the world from Canada to the UK to Germany to South Korea to Japan have faced withering insults and attacks from President Trump who’s either demanded they pay more for their own security or has imposed on them punishing tariffs that have distanced us from some of our core allies. Reengaging with our allies and reuniting the democracies of the world to jointly confront China’s innovative mercantilism is the next step.” 

Full audio and video available here. 

On the stimulus, Sen. Coons: I’m going to keep working, Kevin. I’ve been talking with my colleagues, both Democrats and Republicans, about what we can do to close this gap. But frankly, Majority Leader McConnell in the Senate has not been part of these negotiations. Without some movement by either the Republican majority in the Senate or by President Trump’s Chief of Staff Mark Meadows, I think it will be very difficult for there to be a closing of this significant gap. Speaker Pelosi speaking on behalf of the House that several months ago passed a three and half trillion dollar relief bill that would provide support and relief to small businesses, families, first responders, a very wide range of those in need has already agreed publicly to come down first to two and a half trillion, then to just over two trillion. She and Minority Leader Schumer are waiting for some counter proposal that meets them half way. The so-called skinny bill which was just a few hundred billion left out whole sections of what we need in order for there to be effective relief for middle America, for public employees, for nutrition, and for those going back to school, and my hope is that we can still find some responsible compromise.

On economic recovery, Sen. Coons: I do think putting money back into our economy by rebuilding American infrastructure which is sadly antiquated in a lot of different ways: our bridges and tunnels, and roads, and highways. That’s something that would both help put people back to work, stimulate our economy, and if we build resilient infrastructure that makes us better prepared for the hurricanes, and wildfires, and natural disasters that we’re seeing across our country, we could also begin to deal with addressing climate change. I was encouraged to see that the hundreds of business that make up the Business Roundtable just this past week recognized climate change is real and we have to do something about it.

On manufacturing, Sen. Coons: Kevin, one of the things that many of us in Congress are looking at is how we can onshore manufacturing of critical components of the supply chains that for decades have now gone overseas and often to China. A lot of the bungled federal response in the first few months of this year was around trying to provide PPE or personal protective equipment or badly needed medical devices and other supplies that are mostly made overseas – a lot of it in China. I have a bipartisan bill with Senator Rubio of Florida that would accelerate that onshoring. […] We can use the power of the federal government to buy more American-made goods and we can provide incentives – tax incentives for those manufacturers who are going to onshore manufacturing and stop providing tax incentives that have been in our code for too long for business that offshore manufacturing.

On U.S. foreign policy, Sen. Coons:  We actually had a hearing on this topic on the Foreign Relations Committee yesterday about China’s expansionist activities in Central and South America [and in Europe]. First, it begins with strengthening the United States, with reinvesting in our own manufacturing education, and bringing us together as a country so that we are more of a functional vibrant democracy so that our model continues to be attractive to the world. Second, it’s reengaging with our allies. Some of our most vital allies around the world from Canada to the UK to Germany to South Korea to Japan have faced withering insults and attacks from President Trump who’s either demanded they pay more for their own security or has imposed on them punishing tariffs that have distanced us from some of our core allies. Reengaging with our allies and reuniting the democracies of the world to jointly confront China’s innovative mercantilism is the next step. 

[…] 

There are ways in which we can and should strengthen our standing in the world and confront China on everything from IP theft to their actions in the South China Sea to their human rights violations against the Uighurs in Xinjiang Province and their steps in Hong Kong to constrain that little island that has for long enjoyed more freedom than anywhere else in China.

[…] 

There is a lot of work to do in the world. There are so many different places where the United States had receded in its reach and its engagement, and I would be honored to play some role in helping to strengthen America’s place in the world. 

###

Carper, Coons to DHS IG: Investigate alleged forced hysterectomies at ICE facility

WILMINGTON, Del. — Today, U.S. Senators Tom Carper and Chris Coons (both D-Del.), along with Senators Dianne Feinstein (D-Calif.), Patrick Leahy (D-Vt.), Patty Murray (D-Wash.), Bob Casey (D-Pa.) and Cory Booker (D-N.J.) and 35 Senate Democrats, called on the Department of Homeland Security’s inspector general to expeditiously investigate a whistleblower complaint alleging forced hysterectomies at the Irwin County Detention Center (ICDC) in Ocilla, Ga.

“Forced sterilizations infringe on reproductive rights and autonomy,” the senators wrote. “To understand whether such violations may have been committed against immigrants in our federal government’s custody, the Inspector General’s Office should immediately investigate the reproductive health policies and practices at the ICDC and at other facilities, including but not limited to, all instances of forced, coerced, or medically unnecessary hysterectomies.”

In addition to Senators Carper, Coons, Feinstein, Leahy, Murray, Casey and Booker, the letter was signed by Senators Charles E. Schumer (D-N.Y.), Richard Blumenthal (D-Conn.), Chris Van Hollen (D-Md.), Sheldon Whitehouse (D-R.I.), Tammy Baldwin (D-Wis.), Catherine Cortez Masto (D-Nev.), Mazie K. Hirono (D-Hawaii), Michael Bennet (D-Colo.), Maggie Hassan (D-N.H.), Amy Klobuchar (D-Minn.), Jeanne Shaheen (D-N.H.), Tom Udall (D-N.M.), Kirsten Gillibrand (D-N.Y.), Angus King (I-Maine), Tina Smith (D-Minn.), Tim Kaine (D-Va.), Tammy Duckworth (D-Ill.), Edward J. Markey (D-Mass.), Dick Durbin (D-Ill.), Sherrod Brown (D-Ohio), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), Mark R. Warner (D-Va.), Jack Reed (D-R.I), Martin Heinrich (D-N.M.), Bob Menendez (D-N.J.), Chris Murphy (D-Conn.), Ron Wyden (D-Ore.), Maria Cantwell (D-Wash.), Jacky Rosen (D-Nev.), Ben Cardin (D-Md.), Kamala D. Harris (D-Calif.), Jeff Merkley (D-Ore.), Gary Peters (D-Mich.) and Debbie Stabenow (D-Mich.).

Full text of the letter is available here and below.

Dear Mr. Cuffari:

The Department of Homeland Security’s Office of the Inspector General should expeditiously conduct a thorough investigation into a whistleblower complaint alleging forced hysterectomies and other egregious abuses at the Irwin County Detention Center (ICDC) in Ocilla, Georgia. LaSalle Corrections operates that facility for the federal government, including for Immigration and Customs Enforcement (ICE). The alleged abuses detailed in the complaint and in related reports must be thoroughly and swiftly investigated to protect the rights and safety of women and patients in our nation’s care.

The whistleblower expressed alarm about the “rate at which the hysterectomies have occurred” at the facility. Specifically, the complaint alleges that between October and December 2019 at least five women detained at the ICDC received hysterectomies. When asked about the procedures, however, the women “reacted confused when explaining why they had one done.” The complaint also describes how a gynecologist once removed the wrong ovary on a young woman, causing her “to go back to take out the left and she wound up with a total hysterectomy,” leaving her unable to bear children.

Another detained woman who received a hysterectomy recounted that medical personnel “did not properly explain to her what procedure she was going to have done.” Although she asked for more information about why she was receiving a hysterectomy, she was “given three different responses by three different individuals.” When the woman told a nurse that the procedure “isn’t for me,” the nurse “responded by getting angry and agitated.” 

Forced sterilizations infringe on reproductive rights and autonomy. To understand whether such violations may have been committed against immigrants in our federal government’s custody, the Inspector General’s Office should immediately investigate the reproductive health policies and practices at the ICDC and at other ICE facilities, including but not limited to, all instances of forced, coerced, or medically unnecessary hysterectomies. 

In addition to thoroughly investigating the recent alleged abuses at the ICDC, we urge you to immediately conduct a national review of reproductive health policies and practices at ICE facilities to ensure that the human rights of women in federal immigration custody are assured.

Sincerely,

###

[VIDEO] Sen. Coons presses Trump Admin official on US strategy to counter China’s aggression, US troops in S. Korea

WASHINGTON – Today, U.S. Senator Chris Coons (D-Del.), a member of the Senate Foreign Relations Committee,questioned senior Trump Administration officials, including David Stilwell, Assistant Secretary of East Asian and Pacific Affairs, about U.S. strategy to counter China’s aggression and reports that President Trump has considered removing U.S. troops based in South Korea.

“One of my real concerns is ways in which the Trump Administration has enabled China’s growing influence by threatening and in some cases succeeding in abruptly withdrawing troops or withdrawing us from international organizations,” Senator Coons asked Assistant Secretary Stilwell. “Assistant Secretary Stilwell, if I might – just to put a point on that, the administration reportedly weighed withdrawing troops from South Korea, a move that garnered bipartisan concern on this committee and on the Hill. Can you assure us the administration is no longer considering a withdrawal of troops from South Korea, and that if any such changes were made, it wouldn’t happen without close consultation with our allies and partners, as well as with Congress?”

Mr. Stilwell responded: “Thank you, Senator. Of course these issues all require cooperation, so, agreed. We’ll consult, but there is no discussion of that in the State Department.”

The full video is available here. A transcript is provided below.

Sen. Coons: Thank you, Chairman Risch, Ranking Member Menendez, for this important hearing and thank you to our witnesses. China is, as we all recognize, the greatest foreign policy challenge the United States faces today, and how we engage with China will shape this century, our place in the world, and our role.  And there is bipartisan recognition – we are better equipped to compete with China if we work closely with our allies and partners from around the world, in particular who share not just our interests, but our values. So I want to commend Senator Menendez, Senator Rubio, and others for the crafting and introduction of the ACTSA bill. I just wanted to commend the introduction of a bipartisan bill that recognizes the significance, the centrality of Latin and South America, which are not only closest to us geographically, but integral to our country’s culture, our economy, our role in the world.And China’s efforts to undermine or replace our relationships in this region, as well as in the Indo-Pacific are concerning – even alarming.  There are positives – we’ve all talked about the DFC. The good news I think is that in every region, we want to see more of this powerful tool that can help advance transparency in American engagement. One of my real concerns is ways in which the Trump Administration has enabled China’s growing influence by threatening and in some cases succeeding in abruptly withdrawing troops or withdrawing us from international organizations. So let me ask a few questions designed to get some clarity around that if I might. Mr. Stilwell, Assistant Secretary Stilwell, if I might – just to put a point on that, the administration reportedly weighed withdrawing troops from South Korea, a move that garnered bipartisan concern on this committee and on the Hill. Can you assure us the administration is no longer considering a withdrawal of troops from South Korea, and that if any such changes were made, it wouldn’t happen without close consultation with our allies and partners, as well as with Congress?

Mr. Stilwell: Thank you, Senator. Of course these issues all require cooperation, so, agreed. We’ll consult, but there is no discussion of that in the State Department.

Sen. Coons: Thank you. I respect and recognize that the administration is being forward-leaning in engagement with Taiwan. We’re in a moment of great, I think, regional challenge, and I was wondering whether, as some commentators have suggested, there is some consideration of ending of strategic ambiguity and clarifying our commitment to Taiwan and whether if there were to be a public change in that position, that there would be consultation before that decision is taken.

Mr. Stilwell: Senator, that’s a very good question. It’s been one that’s been very publicly discussed. I gave a speech at the Heritage Foundation on clarifying the six assurances. The rationale behind that is to prevent and reverse PRC’s squeezing of Taiwan’s international space and get it back into a position that looks something like what we agreed to in 1979 with the Taiwan Relations Act. And that clarification is important. However, this was not an indication of a change in strategy or policy. It was simply reversing what we’ve seen globally, as far as picking off Taiwan partners, as far as keeping Taiwan from attending the World Health Assembly, which, the one place that figured out Corona first and understood it best were the people that could have helped out had they been allowed to participate. And any number of other multilateral activities that Taiwan is allowed to participate in meaningfully, and so we are working hard to clarify that. Thank you.

Sen. Coons: Thank you. Ms. Chung – if I might in the time I’ve got left – you mention the DFC being on track to deploy $12 billion in financing to Central America and the Caribbean. Tell me how State and USAID are coordinating. OPEC was long a piece of development strategy. DFC has a broader range of tools and resources and reach, and I think if we were to use the DFC as a way to advance our values in terms of transparency and higher labor standards and higher environmental standards, there also has to be, internally, coordination with USAID. How do you see that proceeding, and do you see any role for the DFC and for our presence in the region to directly combat digital authoritarianism and strengthen civil society, as is urged in the bipartisan legislation, ACTSA, that was referenced earlier by the ranking member?

Ms. Chung: Thank you for the question, Senator. In terms of USAID and State, we are in lock step in our China strategy. Through the America Crece, which is an inter-agency effort, but also through USAID’s clear choice framework that looks at governance, that makes sure that a procurement and civil society are all involved in the transparency efforts and to bring those issue to light when we hear about opaque deals from China or any other country. So we are working very closely – we are looking at USAID’s programs and State’s programs to make sure we are closely aligned. And the programs that we do on anti-corruption and civil society strengthening all go to build that space so that China’s malign influence don’t come and take over that space. So we are very much closely aligned with USAID. One example is in the illegal fishing area, which recently we saw in the Galapagos. USAID has programs with the World Wildlife Fund to work on natural resource strengthening programs. That also enables local groups to be able to fight back when we see Chinese fishing ships come back into the region. And in terms of DFC and working on digital authoritarianism, there’s no better example in the region than in Maduro’s regime, the authoritarian regime of Maduro, and working in close concert with China. The Chinese ZTE has long had a relationship with the Maduro regime in providing the carnet de patria, which spies on society and opposition leaders and determines who gets what food allocations within that country. And so right now, of course, we are not engaging in DFC in Venezuela, but in a democratic future, when we have a democratic transition in that country, we would love to bring DFC into it and help rebuild.

Sen. Coons: Thank you. Thank you to all of the witnesses. Thank you, Mr. Chairman. 

###

Sen. Coons, Rep. Clyburn lead bicameral bill to commemorate multi-state Brown v. Board of Education sites