On the recordDecember 11, 2013
Mr. President, we are in postcloture debate on the nominee for the Circuit Court for the District of Columbia. I want to speak on that nomination, but I am also going to take time to speak on issues dealing with the Defense Department, the farm bill, and the new nominee for the Department of Homeland Security. I will take a few minutes to discuss the President's ongoing scheme to stack the DC Circuit with committed ideologues so that the President's regulatory agenda doesn't run into judicial roadblocks. Yesterday, the Senate confirmed the first of three nominees to the DC Circuit that the court does not need. Let me emphasize that: Does not need. Of course, the Senate denied its consent on these nominees just a few short weeks ago. Some may ask: What has changed during that time? The vote count certainly has not changed. It is not as if Democrats persuaded some of their Republicans colleagues to change their minds. That is what you would expect in a body that operates based upon rules that guarantee the minority a voice. That is what you would expect in what is supposed to be the greatest deliberative body on Earth. That is what you would expect under normal circumstances, but as I explained in an earlier speech this week on another nominee for the same court, these are not normal circumstances. No, today's circumstances are different. Today the President's legislative agenda cannot get traction in Congress.…





