Thread by @Headsnipe011

Grassley Statement on Kennedy Retirement, Judicial Nominations at Judiciary Committee Meeting

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grassley.senate.gov/news/news-rele…

Good morning. Today, we are considering a piece of legislation and several nominations.

But before we turn to that, I’ll say a few things about retiring Supreme Court Justice Anthony Kennedy.

More than thirty years ago, Justice Kennedy was confirmed by the Senate by a vote of 97-0. I was one of those senators who cast a vote for his confirmation. He has been one of the most influential Justices in our time.

His opinions will continue to be studied by law students, cited by attorneys, and relied upon by judges for generations to come.

If I were to pick one area of the law where Justice Kennedy had his most significant impact, it would be the First Amendment.

Justice Kennedy had a deep reverence for the liberties guaranteed by the First Amendment, writing or joining the majority in cases protecting the freedom of speech and freedom of religion.

He wrote the majority opinion in Citizens United in 2010, holding that the government can’t prevent corporations, unions, and non-profits from engaging in political speech—speech that is at the heart of the First Amendment.

Justice Kennedy joined the majority opinion in Hobby Lobby, agreeing that the government may not force institutions with sincere religious objections to subsidize contraception coverage for employees.

He also recently joined the majority opinion in Masterpiece Cakeshop, which was decided by a vote of 7-2. The Court held that Colorado could not single out an individual for punishment based on his religious beliefs.

And, just this week, Justice Kennedy shot down another state law abridging free speech. He rejected the argument that pro-life pregnancy centers should be required to advertise where women could obtain government-funded abortions.

I could go on describing Justice Kennedy’s contributions to the law—his commitment to federalism, protecting our Second Amendment right to own firearms, and recognizing the constitutionality of the tradition of legislative prayer.

I expect the President will send us his nominee for Justice Kennedy’s seat in the near future. Once we receive this nomination, I’ll look forward to holding the hearing in the upcoming weeks.

I expect we’ll follow the same approximate schedule as we have for the past several Supreme Court nominations.

Regarding schedule, the Minority Leader suggested that the Senate not hold a hearing this year because it’s an election year, claiming that was the Majority’s position in 2016. So, I wanted to clarify his total, if not intentional, misunderstanding of the Biden rule.

As I’m sure most of you recall, in 1992, then-senator Biden urged the Senate to not consider any potential Supreme Court nomination that year because it would be dropping a nominee into a “cauldron in the middle of a presidential election year.”

So, we followed the Biden rule in 2016—to not hold a hearing for a Supreme Court nominee in the midst of a Presidential election year, not any election year.

Senator Schumer seems to be suggesting that the Senate couldn’t hold hearings for Supreme Court Justices every other year, which is a preposterous suggestion.

Just like Democrats held a hearing and confirmation for Justice Kagan in 2010, in the midst of a midterm election year, we will hold a hearing in the upcoming months for the President’s nominee this year.