Complaint Alleges Idaho Law Violates the Emergency Medical Treatment and Labor Act
The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.
The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland. “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.”
“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”
EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.
As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient.
Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it. The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.
President Joe Biden gave remarks immediately following the jury verdict that found Minneapolis police officer Derek Chauvin guilty for the death of George Floyd, saying “We must not turn away. We can’t turn away. We have a chance to begin to change the trajectory in this country. It’s my hope and prayer that we live up to the legacy.” Here is a highlighted transcript:
Today, a jury in Minnesota found former Minneapolis Police Officer Derek Chauvin guilty on all counts in the murder of George Floyd last May.
It was a murder in the full light of day, and it ripped the blinders off for the whole world to see the systemic racism the Vice President just referred to — the systemic racism that is a stain our nation’s soul; the knee on the neck of justice for Black Americans; the profound fear and trauma, the pain, the exhaustion that Black and brown Americans experience every single day.
The murder of George Floyd launched a summer of protest we hadn’t seen since the Civil Rights era in the ‘60s — protests that unified people of every race and generation in peace and with purpose to say, “Enough. Enough. Enough of the senseless killings.”
Today — today’s verdict is a step forward. I just spoke with the Governor of Minnesota, who thanked me for the close work with his team.
And I also just spoke with George Floyd’s family again — a remarkable family of extraordinary courage. Nothing can ever bring their brother, their father back. But this can be a giant step forward in the march toward justice in America.
Let’s also be clear that such a verdict is also much too rare. For so many people, it seems like it took a unique and extraordinary convergence of factors: a brave young woman with a smartphone camera; a crowd that was traumatized — traumatized witnesses; a murder that lasts almost 10 minutes in broad daylight for, ultimately, the whole world to see; officers standing up and testifying against a fellow officer instead of just closing ranks, which should be commended; a jury who heard the evidence, carried out their civic duty in the midst of an extraordinary moment, under extraordinary pressure.
For so many, it feels like it took all of that for the judicial system to deliver a just — just basic accountability.
We saw how traumatic and exhausting just watching the trial was for so many people. Think about it, those of you who are listening — think about how traumatic it was for you. You weren’t there. You didn’t know any of the people.
But it was difficult, especially for the witnesses who had to relive that day.
It’s a trauma on top of the fear so many people of color live with every day when they go to sleep at night and pray for the safety of themselves and their loved ones.
Again — as we saw in this trial, from the fellow police officers who testified — most men and women who wear the badge serve their communities honorably.
But those few who fail to meet that standard must be held accountable. And they were today; one was. No one should be above the law. And today’s verdict sends that message.
But it is not enough. We can’t stop here.
In order to deliver real change and reform, we can and we must do more to reduce the likelihood that tragedies like this will ever happen and occur again; to ensure that Black and brown people or anyone — so they don’t fear the interactions with law enforcement, that they don’t have to wake up knowing that they can lose their very life in the course of just living their life. They don’t have to worry about whether their sons or daughters will come home after a grocery store run or just walking down the street or driving their car or playing in the park or just sleeping at home.
And this takes acknowledging and confronting, head on, systemic racism and the racial disparities that exist in policing and in our criminal justice system more broadly.
You know, state and local government and law enforcement needs to step up, but so does the federal government. That’s why I have appointed the leadership at the Justice Department that I have, that is fully committed to restoring trust between law enforcement and the community they are sworn to serve and protect. I have complete confidence in the Attorney General — General Garland’s leadership and commitment.
I have also nominated two key Justice Department nominees — Vanita Gupta and Kristen Clarke — who are eminently qualified, highly respected lawyers who have spent their entire careers fighting to advance racial equity and justice.
Vanita and Kristen have the experience and the skill necessary to advance our administration’s priorities to root out unconstitutional policing and reform our criminal justice system, and they deserve to be confirmed.
We also need Congress to act. George Floyd was murdered almost a year ago. There’s meaningful police reform legislation in his name. You just heard the Vice President speak of it. She helped write it. Legislation to tackle systemic misconduct in police departments, to restore trust between law enforcement and the people that are entrusted to serve and protect. But it shouldn’t take a whole year to get this done.
In my conversations with the Floyd family — and I spoke with them again today — I assured them that we’re going to continue to fight for the passage of the George Floyd Justice in Policing Act so we can — I can sign it into law as quickly as possible. And there’s more to do.
Finally, it’s the work we do every day to change hearts and minds as well as laws and policies — that’s the work we have to do. Only then will full justice and full equality be delivered to all Americans. And that’s what I just discussed with the Floyd family.
The guilty verdict does not bring back George. But through the family’s pain, they are finding purpose so George’s legacy will not be just about his death, but about what we must do in his memory.
I also spoke to Gianna — George’s (inaudible) — George’s young daughter, again. When I met her last year — I’ve said this before — at George’s funeral, I told her how brave I thought she was. And I, sort of, knelt down to hold her hand. I said, “Daddy’s looking down on you. He’s so proud.” She said to me then — I’ll never forget it — “Daddy changed the world.”
Well, I told her this afternoon, “Daddy did change the world.” Let that be his legacy: a legacy of peace, not violence — of justice.
Peaceful expression of that legacy are inevitable and appropriate, but violent protest is not. And there are those who will seek to exploit the raw emotions of the moment — agitators and extremists who have no interest in social justice; who seek to carry out violence, destroy property, to fan the flames of hate and division; who will do everything in their power to stop this country’s march toward racial justice. We can’t let them succeed.
This is the time for this country to come together, to unite as Americans. There can never be any safe harbor for hate in America.
I’ve said it many times: The battle for the soul of this nation has been a constant push and pull for more than 240 years — a tug of war between the American ideal that we’re all created equal and the harsh reality that racism has long torn us apart.
At our best, the American ideal wins out. So we can’t leave this moment or look away, thinking our work is done. We have to look at it as we did for those 9 minutes and 29 seconds. We have to listen. “I can’t breathe. I can’t breathe.” Those were George Floyd’s last words. We can’t let those words die with him. We have to keep hearing those words.
We must not turn away. We can’t turn away. We have a chance to begin to change the trajectory in this country. It’s my hope and prayer that we live up to the legacy.
May God bless you. And may God bless the — George Floyd and his family.
Thank you for taking the time to be here. This can be a moment of significant change.
This afternoon, President Biden outlined his vision and new elements of his agenda for advancing racial equity for Americans who have been underserved and left behind, signing four executive actions to advance racial equity and take the first steps to root out systemic racism in housing and criminal justice.
“Equal opportunity is the fundamental promise of America. But systemic racism and discrimination in our economy, laws, and institutions have put the promise of America out of reach for too many families of color,” he stated.
President Biden renewed the federal government’s commitment to making the American Dream real for families across the nation by taking bold and ambitious steps to root out inequity from our economy and expand opportunities for communities of color and other underserved Americans.
His executive orders direct the Department of Housing and Urban Development (HUD) to take steps necessary to redress racially discriminatory federal housing policies that have contributed to wealth inequality for generations; end the Department of Justice’s (DOJ) use of private prisons; recommitted the federal government to respect Tribal sovereignty and strengthen the Nation-to-Nation relationship between the United States and Tribal Nations; and combat xenophobia against Asian Americans and Pacific Islanders.
These orders build on actions the President took during his first week in office to advance equity, which historians have described as one of the most robust efforts to advance racial justice in the first weeks of any new administration. On his first day in office, President Biden signed an unprecedented Executive Order establishing a whole-of-government initiative to address racial equity and support underserved communities, and redress systemic racism in federal policies, laws, and programs. He took immediate action to roll back harmful policies, such as President Trump’s 1776 Commission and ban on diversity and inclusion training for federal employees and contractors. In the days ahead, President Biden will reinvigorate the federal government’s role as a model employer by expanding and building on the efforts of the Obama-Biden Administration, by requiring all agencies to take affirmative steps to promote diversity, equity, and inclusion, as well as by requiring accessibility.
President Biden committed to embedding racial equity across his Administration’s response to COVID-19 and the economic crisis. In his first week in office, he signed executive actions to provide relief to American families that will aid families of color that are being disproportionately impacted by this economic crisis. He directed the Department of Agriculture to address the growing crisis of hunger facing more than one in five Black and Latino households by increasing access to nutritious food for millions of children missing meals due to school closures, issuing new guidance to help an additional 12 million Americans access nutrition assistance, and beginning the process to increase the value of supplemental nutrition assistance program benefits to better reflect today’s grocery costs.
The President extended the pause on federal student loan payments and collections, protecting borrowers burdened by educational debt, who are disproportionately Americans of color. He extended the federal government’s foreclosure and eviction moratoriums until February 28, 2021, helping families who are more likely to be rent burdened to stay safely housed. President Biden directed the Department of Treasury to take steps to make the delivery of stimulus benefits more equitable to help the 8 million households, many of whom are families of color, who never received the first stimulus checks they were entitled to. And, the President began the process of requiring federal contractors to pay a $15 minimum wage and provide emergency paid leave to workers bringing financial relief to low wage workers.
These actions are just the start. The President is committed to working with Congress to pass bold legislation that advances racial equity, including increasing funding for small businesses, investing in Historically Black Colleges and Universities and other Minority Serving Institutions, and tripling funding for Title I schools, which serve a majority of low-income students. As the President has said, he is focused on ensuring that small businesses owned by people of color and others who have been historically disadvantaged – many of whom were shut out of previous relief packages – receive support.
And President Biden’s American Rescue Plan will provide immediate, direct relief to communities and families bearing the brunt of the crisis – including communities and families of color. Economists estimate that the investments in the American Rescue Plan will lift over eight million Black, Latino, and Asian Americans out of poverty and will provide relief across sectors where families of color are most disproportionately impacted in this crisis: in food and financial security, healthcare access, and education and child care. The President’s rescue plan will expand protections for frontline workers, 40 percent of whom are people of color. It will increase and extend Unemployment Insurance benefits, supporting the one in ten Black workers and one in eleven Latino workers who are unemployed. And, the plan will provide critical relief to Native American communities and Tribes.
Before signing the additional executive orders, President Biden remarked, “In my campaign for President, I made it very clear that the moment had arrived as a nation where we face deep racial inequities in America and system- — systemic racism that has plagued our nation for far, far too long.
“I said it over the course of the past year that the blinders had been taken come off the nation of the American people. What many Americans didn’t see, or had simply refused to see, couldn’t be ignored any longer.
“Those 8 minutes and 46 seconds that took George Floyd’s life opened the eyes of millions of Americans and millions of people around — all over the world. It was the knee on the neck of justice, and it wouldn’t be forgotten. It stirred the conscience of tens of millions of Americans, and, in my view, it marked a turning point in this country’s attitude toward racial justice…
“COVID-19 has further ripped a path of destruction through every community in America, but no one has been spared, but the devastation in communities of color has been nothing short of stunning. Just look at the numbers: 40 percent of frontline workers — nurses, first responders, grocery store workers — are Americans of color, and many are still living on the edge. One in ten black Americans is out of work today. One in eleven Latino Americans is out of work today. One in seven households in America — about one in four black, one in five Latino households in America — report that they don’t have enough food to eat in the United States of America.
“Black and Latino Americans are dying of COVID-19 at rates nearly three times that of white Americans. And it’s not white Americans’ fault, but it’s just a fact. And the Americans now know it, especially younger Americans.
“One of the reasons I’m so optimistic about this nation is that today’s generation of young Americans is the most progressive, thoughtful, inclusive generation that America has ever seen. And they are pulling us toward justice in so many ways, forcing us to confront the huge gap in economic inequity between those at the top and everyone else, forcing us to confront the existential crisis of climate; and, yes, forcing us to confront systemic racism and white supremacy.
“It’s just been weeks since all of America witnessed a group of thugs, insurrectionists, political extremists, and white supremacists violently attack the Capitol of our democracy. And so now — now is the time to act. It’s time to act because that’s what the faith and morality calls us to do…
“We have never fully lived up to the founding principles of this nation, to state the obvious, that all people are created equal and have a right to be treated equally throughout their lives. And it’s time to act now, not only because it’s the right thing to do, but because if we do, we’ll all be better off for it.
“For too long, we’ve allowed a narrow, cramped view of the promise of this nation to fester. You know, we’ve — we’ve bought the view that America is a zero-sum game in many cases: ‘If you succeed, I fail.’ ‘If you get ahead, I fall behind.’ ‘If you get the job, I lose mine.’ Maybe worst of all, ‘If I hold you down, I lift myself up.’
“We’ve lost sight of what President Kennedy told us when he said, “A rising tide lifts all boats.” And when we lift each other up, we’re all lifted up. You know, and the corollary is true as well: When any one of us is held down, we’re all held back. More and more economic studies in recent years have proven this, but I don’t think you need economic studies to see the truth.
“Just imagine if instead of consigning millions of American children to under-resourced schools, we gave each and every three- and four-year-old child a chance to learn, to go to school — not daycare, school — and grow and thrive in school and throughout. When they’ve done that — the places it’s been done, it shows they have an exponentially greater chance of going all the way through 12 years of school and doing it well.
But, you know, does anyone — does anyone in this whole nation think we’re not all better off if that were to happen?
“Just imagine if instead of denying millions of Americans the ability to own a home and build generational wealth — who made it possible for them buy a home, their first home — and begin to build equity to provide for their families and send their children off to school, does anyone doubt that the whole nation will be better off?
“Just imagine: Instead of denying millions of young entrepreneurs the ability to access capital, we made it possible to take their dream to market, create jobs, reinvest in their own communities. Does anyone doubt this whole nation wouldn’t be better off?
“Just imagine if more incredibly creative and innovative — how much more creative and innovative we’d be if this nation held — held the historic black colleges and universities to the same opportunities — and minority-serving institutions — that had the same funding and resources of public universities to compete for jobs and industries of the future. You know, just ask the first HBCU graduate elected as Vice President if that’s not true.
“But to do this, I believe this nation and this government need to change their whole approach to the issue of racial equal- — equity. Yes, we need criminal justice reform, but that isn’t nearly enough. We need to open the promise of America to every American. And that means we need to make the issue of racial equity not just an issue for any one department of government; it has to be the business of the whole of government.
“That’s why I issued, among the first days, my whole-of-government executive order that will, for the first time, advance equity for all throughout our federal policies and institutions. It focuses on the full range of communities who have been long underserved and overlooked: people of color; Americans with disabilities; LGBTQ Americans; religious minorities; rural, urban, suburban communities facing persistent poverty.
“And I’ve asked Ambassador Susan Rice to lead the administration’s charge through the White House and Domestic Policy Council because I know she’ll see it through. Every White House, every White House component, and every agency will be involved in this work because advancing equity has to be everyone’s job….
“In the weeks ahead, I’ll be reaffirming the federal government’s commitment to diversity, equity, and inclusion and accessibility, building on the work we started in the Obama-Biden administration. That’s why I rescinded the previous administration’s harmful ban on diversity and sensitivity training, and abolished the offensive, counter-factual 1776 Commission. Unity and healing must begin with understanding and truth, not ignorance and lies….
“I ran for President because I believe we’re in a battle for the soul of this nation. And the simple truth is, our soul will be troubled as long as systemic racism is allowed to persist. We can’t eliminate it if — it’s not going to be overnight. We can’t eliminate everything.
“But it’s corrosive, it’s destructive, and it’s costly. It costs every American, not just who have felt the sting of racial injustice. We aren’t just less of a — we are not just a nation of morally deprived because of systemic racism; we’re also less prosperous, we’re less successful, we’re less secure.
“So, we must change, and I know it’s going to take time. But I know we can do it. And I firmly believe the nation is ready to change, but government has to change as well. We need to make equity and justice part of what we do every day — today, tomorrow, and every day.
Here’s a summary of the additional executive actions fostering racial equity that President Biden signed:
Advance Fair Housing. President Biden will sign a Presidential Memorandum “Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies.” This memorandum recognizes the central role the federal government has played implementing housing policies across the United States, from redlining to mortgage discrimination to destructive federal highway construction, that have had racially discriminatory impacts. The Fair Housing Act requires the federal government to advance fair housing and combat housing discrimination, including disparate impact discrimination that appears neutral but has an unjustified discriminatory effect in practice. This Presidential Memorandum directs HUD to examine the effects of the previous Administration’s regulatory actions that undermined fair housing policies and laws. And, it directs HUD to take steps necessary based on that analysis to fully implement the Fair Housing Act’s requirements.
Reform our Incarceration System to End the Use of Private Prisons. More than two million people are currently incarcerated in the United States, and a disproportionate number of these individuals are people of color. Mass incarceration imposes significant costs on our society and communities, while private prisons profiteer off of federal prisoners in less safe conditions for prisoners and correctional officers alike. President Biden is committed to reducing mass incarceration while making our communities safer. That starts with ending DOJ’s reliance on private prisons. The Order directs the Attorney General not to renew Department of Justice contracts with privately operated criminal detention facilities.
Reaffirm the Federal Government’s Commitment to Tribal Sovereignty and Consultation. The Biden Administration is committed to re-establishing federal respect for Tribal sovereignty, strengthening the Nation-to-Nation relationship between the federal government and American Indian and Alaska Native Tribes, empowering self-determination, and advancing racial justice for Native communities. This Executive Order reinvigorates the commitment of all federal agencies to engage in regular, robust, and meaningful consultation with Tribal governments.
Combat Xenophobia Against Asian American and Pacific Islanders. While bullying and discrimination against Asian Americans and Pacific Islanders (AAPIs) is a long-standing and unacceptable problem in our country, rates of harassment and violence against AAPIs have risen dramatically in the past year. President Biden will sign a Presidential Memorandum acknowledging the harm that these actions have caused, and establishing that the policy of his Administration is to condemn and denounce anti-Asian bias and discrimination. This Memorandum directs the Department of Health and Human Services, in coordination with the COVID-19 Health Equity Task Force, to consider issuing guidance describing best practices to advance cultural competency, language access, and sensitivity towards AAPIs in the federal government’s COVID-19 response. It also directs the Department of Justice to partner with AAPI communities to prevent hate crimes and harassment against AAPIs.
Just a day after the unprecedented attempted insurrection at the Capitol and four years of tearing down the Rule of Law in Donald Trump’s quest to emulate the dictators he so admires, President-Elect Joe Biden’s introduction of his “Justice League” – the Attorney General, Deputy and Assistants – brought a welcome, calming reassurance. As with his other teams – health and human services, national security, climate and environment – Biden’s Justice nominees “have the experience, judgment, and moral compass that these roles demand, as well as an abiding commitment to supporting and defending the Constitution of the United States,” Vice President-Elect Kamala Harris said.
Biden set aside discussing the calls to remove Trump using the 25th Amendment or impeaching him for a second time before the term ends at 12:01 pm on January 20, but used yesterday’s “unprecedented assault on our democracy,” the mob attack on the Capitol while both chambers of Congress were in the process of certifying Biden-Harris election incited by Trump, to reaffirm his commitment to restoring an independent judiciary, the rule of law, and equal justice for all – all of which were subverted by a dictator wannabe demanding loyalty.
Indeed, it was the reason Biden sought the presidency, after seeing the White Supremacists march in Charlottesville. He evoked that image – as well as the differences in how Black Lives Matter protesters were treated compared to the mob that invaded the Capitol Building, rampaging and ransacking it. “Not only did we see a failure to protect one of the three branches of our government, we also saw a clear failure to carry out equal justice.”
Biden declared, “I made it clear from the moment I entered this race what I believed was at stake nothing less than who we are as a nation, what we stand for, and what we believe, what we will be. And at the center of that belief is one of the oldest principles this nation has long held — we are a government of laws — not people….
“The judiciary doesn’t serve the will of the president, or exist to protect him or her….Our president is not above the law. Justice serves the people — it doesn’t protect the powerful. And it is blind….
“I want it to be clear to those who lead the department and those who serve there. You don’t work for me. Your loyalty isn’t to me. It is to the law. To the Constitution. To the people of this nation. To guarantee justice.”
Here are Biden’s remarks, highlighted, and highlights from the nominees: –Karen Rubin/news-photos-features.com
Yesterday was one of the darkest days in the history of our nation.
An unprecedented assault on our democracy.
An assault on the citadel of liberty, the United States Capitol itself.
An assault on the rule of law.
An assault on the most sacred of American undertakings: ratifying the will of the people
in choosing the leadership of their government.
We grieve the loss of life. We grieve the desecration of the people’s house.
But what we witnessed yesterday was not dissent. It was disorder.
It was not protest. It was chaos.
They weren’t protestors. Don’t dare call them protestors.
They were rioters, a mob.
It’s that basic and that simple.
And I wish we could say we couldn’t see it coming.
But that isn’t true. We could.
For the past four years we’ve had a president who has made his contempt for our democracy, our Constitution, and the rule of law clear in everything he has done.
He has unleashed an all-out assault on the institutions of our democracy.
And yesterday was but the culmination of that unrelenting attack.
He has attacked the free press who dared to question his power, repeatedly calling the free press the enemy of the people.
Language that has long been used by autocrats and dictators all over the world to hold on to power.
Language that is being used now by autocrats and dictators across the world, only this time with the imprimatur of the outgoing President of the United States.
He has attacked our intelligence services who dared to tell the American people the truth about the efforts of a foreign power to elect him four years ago, choosing instead to believe the word of Vladimir Putin over the word of those who had sworn their allegiance to this nation — many of whom had risked their lives in service in this nation.
He deployed the United States military, tear-gassing peaceful protestors in the pursuit of a photo opportunity in service of his reelection. Even holding the Bible upside down.
An action that led to an apology from the Chairman of the Joint Chiefs of Staff and the outspoken denunciation of the use of the military for domestic political purposes from scores of former military leaders and Secretaries of Defense.
He thought he could stack the courts with friendly judges who would support him no matter what.
He went so far as to say he needed nine justices on the Supreme Court because he thought the election would end up in the Supreme Court and they would hand him the election.
And he was stunned, truly stunned, when the judges he appointed didn’t do his bidding, but instead acted with integrity, followed the Constitution, and upheld the rule of law.
Not just once or twice, or three times — but over 60 times.
In more than 60 cases, in state after state after state, and then at the Supreme Court judges, including people he considered quote “his” judges, “Trump judges” — the courts looked at the allegations Trump was making and determined they were without merit.
Nothing was judged to put the election in question or doubt.
You want to understand the importance of democratic institutions in this country?
Take a look at the judiciary in this nation.
Take a look at the pressure it was just subjected to by the sitting president of the United States.
At every level, it rose to the moment during this election.
Did its job.
Acted with complete fairness and impartiality.
With complete honor and integrity.
When history looks back at the moment we just passed through, it will say our democracy survived in no small part because of the men and women who represent the independent judiciary in this nation.
We owe them a deep, deep debt of gratitude.
And then there is his attack on the Department of Justice.
Treating the Attorney General as his personal lawyer and the department as his personal law firm.
Through it all, we would hear the same thing from this president — my generals, my judges, my Attorney General.
And then yesterday.
The culmination of the attack on our institutions of democracy.
This time the Congress itself.
Inciting a mob to attack the Capitol, to threaten the elected Representatives of the people of this nation and even the Vice President, to stop the United States Congress from ratifying the will of the people in a just-completed free and fair election.
Trying to use a mob to silence the voices of nearly 160 million Americans who summoned the courage in the face of a pandemic that threatened their health and their lives to cast their sacred ballot.
I made it clear from the moment I entered this race what I believed was at stake nothing less than who we are as a nation, what we stand for, and what we believe, what we will be.
And at the center of that belief is one of the oldest principles this nation has long held — we are a government of laws — not people.
I said it many times in the campaign.
Our democratic institutions are not relics of another age.
They are what set this nation apart.
They are the guardrails of our democracy.
They are why no president is a king.
No Congress is the House of Lords.
The judiciary doesn’t serve the will of the president, or exist to protect him or her.
We have three co-equal branches of government.
Our president is not above the law.
Justice serves the people — it doesn’t protect the powerful.
And it is blind.
What we saw yesterday in plain view was another violation of a fundamental tenet of this nation.
Not only did we see a failure to protect one of the three branches of our government, we also saw a clear failure to carry out equal justice.
No one can tell me that if it had been a group of Black Lives Matter protestors yesterday that they wouldn’t have been treated very differently than the mob that stormed the Capitol.
We all know that’s true. And that is totally unacceptable. And the American people saw it in plain view and I hope it sensitized them to what we have to do.
Not many people know it, but the reason the Department of Justice was formed in 1870 was to enforce the Civil Rights Amendments that grew out of the Civil War — the 13th, 14th and 15th Amendments.
To stand up to the Klan.
To take on domestic terrorism.
This original spirit must once again guide and animate its work.
So as we stand here today, we do so in the wake of yesterday’s events.
Events that could not more vividly demonstrate some of the most important work we have to do in this nation.
Committing ourselves to the rule of law in this nation.
Invigorating our democratic institutions.
Carrying out equal justice under the law in America.
There is no more important place for us to do this work than at the Department of Justice.
And there are no more important people to carry out this work than the people I am announcing today.
More than anything, we need to restore the honor, the integrity, and the independence of the Department of Justice in this nation.
I want it to be clear to those who lead the department and those who serve there.
You don’t work for me. Your loyalty isn’t to me.
It is to the law.
To the Constitution. To the people of this nation. To guarantee justice.
For Attorney General of the United States, I nominate Judge Merrick Garland.
One of the most respected jurists of our time.
Brilliant yet humble.
Distinguished yet modest.
Full of character and decency.
Supreme Court clerk.
Served in the Justice Department during the Carter, Bush 41, and Clinton Administrations,
where he embraced the Department’s core values of independence and integrity.
As federal prosecutor he took on terrorism and corruption and violent crime always with utmost professionalism and duty to the oath he swore.
Nominated by President Clinton to be a judge on the D.C. Circuit Court of Appeals, considered the second most powerful court in America.
Throughout such a long and distinguished career, he has earned the praise and admiration of members of the bar and bench, and politicians of both parties.
And despite his busy schedule and prestigious position, he still makes time to volunteer
regularly tutoring students in Northeast D.C. as he has for more than 20 years.
This is about character.
It is no surprise why President Obama nominated Judge Garland to the Supreme Court.
He embodies honor, decency, integrity — fidelity to the rule of law and judicial independence.
It’s those same traits he will now bring as the Attorney General of the United States, not as the personal attorney to the President.
He will restore trust in the rule of law and equal justice under law.
I fully expect that he will receive a fair hearing and swift confirmation.
And once he is confirmed, I will move promptly to nominate his replacement on the D.C. Circuit Court of Appeals and I expect that the distinguished nominee will receive a prompt and fair hearing as well.
“As everyone who watched yesterday’s events in Washington now understands — if they did not before — the Rule of Law is not just some lawyer’s turn-of-phrase. It is the very foundation of our democracy,” Garland said.
“The essence of the Rule of Law is that like cases are treated alike: That there not be one rule for Democrats and another for Republicans, one rule for friends and another for foes; one rule for the powerful and another for the powerless; one rule for the rich and another for the poor — or different rules depending on one’s race or ethnicity.
“And the essence of its great corollary, Equal Justice Under Law, is that all citizens are protected in the exercise of their civil rights. …
“These principles — ensuring the Rule of Law and making real the promise of Equal Justice Under Law — are the great principles upon which the Department of Justice was founded and for which it must always stand.
“They echo today in the priorities that lie before us — from ensuring racial equity in our justice system to meeting the evolving threat of violent extremism.
“If confirmed, those are the principles to which I will be devoted as Attorney General.”
For Deputy Attorney General I nominate Lisa Monaco.
A fifteen-year veteran of the Department of Justice, Lisa knows the department inside and out.
She is a definition of what a public servant should be — decent, trusted, and honorable.
A top-flight prosecutor who took on public corruption, corporate fraud, and violent crime.
Chief of Staff to the Director of the FBI.
The first woman ever to be confirmed as Assistant Attorney General for National Security,
where she elevated cybersecurity to a top priority — which is even more consequential today.
And at the White House, she was the top homeland security and counterterrorism advisor to President Obama and me.
She coordinated our fight against Al-Qaeda and ISIL. She helped lead our response to the Ebola crisis.
And when the bombs went off at the finish line on Patriot’s Day in Boston, her hometown , she coordinated the federal government’s response with local and state law enforcement to get to the bottom of this horrible tragedy.
I know she will help restore the integrity and independence of the Department of Justice that she reveres.
“The soul of the Justice Department lives in the integrity of its career professionals, in the independence of its investigations and prosecutions, and in the principles it brings to bear as it stewards the ideal of justice in America,” Monaco said.
“Today, we are at another inflection point. Some of the challenges we face are familiar — racial inequality; the need for criminal justice reform; domestic terrorism and threats to public safety.
“Some of the tasks are enduring — like the importance of working closely with law enforcement to ensure public safety and build trust in our communities.
“Some of the challenges are evolving — like mounting cyber threats.
“I’m confident that the Department of Justice is up to all these challenges, but what is most critical in the days ahead is not a challenge at all — but an opportunity.
“A chance for this team and the career professionals who make up the Justice Department to reaffirm its norms and traditions, to do justice without fear or favor, to keep the American people safe and to do so always consistent with the rule of law.”
For Associate Attorney General, the number 3 job at the Department — I nominate Vanita Gupta.
One of the most respected civil rights lawyers in America.
Started her career at the NAACP Legal Defense Fund.
Then on to the ACLU.
And then to the Justice Department during the Obama-Biden Administration where she led the Civil Rights Division.
At every step, with every case, she has fought for greater equity and to right the wrongs in our justice system where they existed.
And she has done so by bringing people together, earning praise from across the ideological spectrum for her approach to solving some of the thorniest problems we face.
During the Obama-Biden Administration, Vanita was put in charge of investigating abuse of power in police departments in Ferguson, Missouri, and other communities torn apart by acts of violence and racial injustice.
She helped institute common-sense police reforms to build greater equity, safety, and trust.
She was commended for her work both by law enforcement and by those advocating for changes in the criminal justice system.
That is a rare achievement — and it speaks volumes about her capacity to unite people in common purpose, which this is all about.
Born in Philadelphia and a proud daughter of immigrants from India, if confirmed, Vanita will be the first woman of color to serve as Associate Attorney General.
I am grateful that Vanita is leaving her current job leading one of the premier civil rights organizations in the world to answer the call to serve once again and ensure our justice system is even more fair and equitable.
There are many agencies in our federal government — but only one which bears the name of a value,” Gupta said.
By virtue of that name — that value of justice — we know the Department carries a unique charge and North Star.
At its best, it is the keeper of a sacred promise — the promise of equal justice for all.
That no one is above the law.
When this promise is pursued with vigor, it brings light to our nation and serves as a beacon to the world.
But when abandoned, we degrade our democracy and sow the division we’ve come to know all too well…
This moment demands bold leadership
The Department of Justice, as it has done throughout history, will have to uncover and reckon with hard truths; hold people, companies, and institutions accountable to our Constitution and laws;
drive change where there is injustice; and heal a nation starving for decency and hope.
Now is the time to ensure our economic system works for everyone, to protect the health and safety of the American people, and to harness all DOJ levers for civil rights, justice reform, and climate justice.
For Assistant Attorney General for the Civil Rights Division, I nominate Kristen Clarke, who has also spent her career advocating for greater equity in the justice system.
A daughter of Jamaican immigrants, Kristen is also one of the most distinguished civil rights attorneys in America.
A proud native of Brooklyn, New York she began her legal career in the very same office she is now nominated to lead.
Her previous tenure with the Justice Department saw her take on some of the most complex civil rights cases — from voting rights and redistricting challenges to prosecuting hate crimes and human trafficking.
She has earned accolades throughout her career — including as the head of the Civil Rights Bureau for her home state of New York, where she led the charge to end the school-to-prison pipeline and root out discrimination in housing and law enforcement.
She currently leads one of the nation’s top civil rights organizations, where she promotes greater equity in voting rights, in our education system, our housing system, our justice system, and so much more.
Now, she will return full circle to pursue that vital work where her career began.
The Civil Rights Division represents the moral center of the Department of Justice, and the heart of that fundamental American ideal, that we are created equal and deserve to be treated equally.
I am honored she accepted the call to return to make real that promise for all Americans.
“Not everyone is blessed with the opportunities I enjoyed,” Clarke said. “That awareness has animated my life’s work — it’s what brought me to the Department of Justice where I started my career — and it’s what brings me back for this homecoming today. ..The clarion call of equal justice under law is what binds us together as a nation.”
Biden said, “To each of you, thank you for your service and that of your families.
And to the American people, this is the team that will restore your trust and faith in our institutions of democracy.
One of the reasons I ran for president was when I saw those people coming out of the fields in Charlottesville, shouting hate, a young woman killed, and when asked, the President of the United States said there are good people on both sides.
That’s why I ran. There is no more important or heartfeld effort on my part than restoring the independence and integrity of our Justice Department.
May God bless you all.
May God protect our troops and those who have sworn to protect the American people.
Vice President Joe Biden spoke out on Trump’s unprecedented nomination of Amy Coney Barrett to the US Supreme Court in the middle of an election. Here is a highlighted transcript of his speech as prepared for delivery in Wilmington, Delaware:
On Friday, Jill and I had the honor of paying our respects to Justice Ruth Bader Ginsburg, the first woman in the history of our nation to lie in state at the U.S. Capitol.
Though it should not have taken nearly this long to bestow that honor on a woman, it nevertheless speaks to the unique and powerful impact Justice Ginsburg made on our society and to her enduring legacy of equal rights and equal justice under law.
Shortly before Justice Ginsburg passed, she told her granddaughter, “My most fervent wish is that I will not be replaced until a new president is installed.”
It wasn’t a personal request. It wasn’t a favor being asked for. It was the last act in a long, unflinching career of standing up for American democracy.
Never before in our nation’s history has a Supreme Court Justice been nominated and installed while a presidential election is already underway. It defies every precedent and every expectation of a nation where the people are sovereign and the rule of law reigns.
But yesterday, before Justice Ginsburg could be laid to rest, and after hundreds of thousands of Americans have already cast their ballots, the President nominated a successor to her seat.
There is no mystery about what’s happening here.
President Trump has been trying to throw out the Affordable Care Act for four years. The Republican Party has been trying to eliminate it for a decade. Twice already the Supreme Court has upheld the law. And the Congress, expressing the popular will of the American people, has rejected President Trump’s efforts as well.
Now, all of a sudden this Administration believes they’ve found a loophole in the tragedy of Justice Ginsburg’s death.
It doesn’t matter to them that Republicans set the precedent just four years ago when they denied even the courtesy of a hearing to President Obama’s nominee after Justice Scalia passed away nine months prior to Election Day.
It doesn’t matter to them that millions of Americans are already voting on a new President and a new Congress. They see an opportunity to overturn the Affordable Care Act on their way out the door.
As we speak, we are still in the midst of the worst global health crisis in a century — a crisis that has already taken more than 200,000 American lives.
And yet, the Trump Administration is asking the Supreme Court right now to eliminate the entire Affordable Care Act. The Administration filed a brief with the Court that concludes: “The entire ACA thus must fall.”
President Trump can claim all he wants that he’s going to protect people with pre-existing conditions, but the fact is, he’s actively fighting to take those protections away as we speak.
If he has his way, more than 100 million people with pre-existing conditions like asthma, diabetes, and cancer could once again be denied coverage.
Complications from COVID-19, like lung scarring and heart damage, could become the next flood of pre-existing conditions used as an excuse to deny coverage to millions.
Women could once again be charged higher premiums just because they are women.
And seniors would see their prescription drug prices go up and funding for Medicare go down.
It doesn’t matter what the American people want. President Trump sees a chance to fulfill his explicit mission to steal away the vital protections of the ACA from countless families who have come to rely on them for their health, their financial security, and the lives of those they love.
It should come as no surprise that President Trump would nominate Judge Amy Coney Barrett.
She has a written track record, disagreeing adamantly with the Supreme Court’s decision to uphold the ACA.
In fact, she publicly criticized Chief Justice Roberts’ opinion upholding the law eight years ago.
The American people understand the urgency of this moment.
They are already voting in droves because they know that their health care hangs in the balance. They understand that if Donald Trump gets his way, they could lose their right to vote, their right to clean air and clean water, their right to equal pay for equal work.
Workers could lose their collective bargaining rights.
DREAMers could be thrown out of the only country they’ve ever known.
Women could lose the bedrock rights enshrined by Roe v. Wade, which has safeguarded their autonomy for nearly half a century.
People are voting right now because they know that the very soul of our country is at stake and because they know that the decisions of the Supreme Court affect their everyday lives.
Their voices may not matter to Donald Trump.
They may not matter to Mitch McConnell.
But there are Senate Republicans out there who know in their hearts that if you shut out the voice of the people during an election, you are closing the door on American democracy thereafter.
That is where the power of this nation resides: in the people, and in the rule of law, and in the precedents we abide by.
To subvert both so openly, so needlessly, even as Americans cast their votes would be an irreversible step toward the brink.
And a betrayal of the singular quality that America was born and built on—that the people decide.
The Senate must stand strong for our democracy.
They should not act on this nomination until the American people finish the process they’ve already begun of selecting their President and their Congress.
As I’ve said before, if the people choose Donald Trump, then the Senate should give his nominee a hearing and a vote.
But if the people choose me, President Trump’s nomination should be withdrawn.
And my nominee, chosen by the President who was chosen by the people, should get a fair hearing and a vote on confirmation.
The U.S. Constitution provides one chance, one for Americans to have their voice heard on who serves on the Court, who makes those big decisions about their health care, their civil rights, and so much else.
That chance is now.
That moment is now.
The voters will not stand for this abuse of power. And if we are to call ourselves a democracy, their voices must be heard.
I urge the American people to keep voting and to let your current Senators know that you want to be heard before they vote to confirm a new Justice.
And I urge every Senator to take a step back from the brink — to take off the blinders of politics for just one critical moment — and stand up for the Constitution you swore to uphold.
This is the time to de-escalate, to put an end to the shattering of precedents that has thrown our nation into chaos.
Just because you have the power to do something doesn’t absolve you from your responsibility to do right by the American people.
Uphold your constitutional duty. Summon your conscience.
Stand up for the people. Stand up for our cherished system of checks and balances.
Americans are watching. Americans are voting. We must listen to them now.
We must allow them to exercise their sacred power.
God bless the United States of America and may God protect our troops.
The hypocrisy and shamelessness of Senate Majority Leader Mitch McConnell and Senate Republicans to now move forward to fill the seat vacated by Ruth Bader Ginsburg with someone who would completely undo all the progress she made toward equality and social justice in the midst of actual voting to replace the president and Congress is only matched by the hypocrisy and shamelessness of the self-professed conservative “originalist” Supreme Court justices who have the audacity to suggest they can fathom what the Founding Fathers meant and disregard all the changes since then, to actually make law. Five justices contradicting the 435 elected members of the House and 100 elected members of the Senate and the president, going further, reaching back into settled law and precedent to overturn women’s rights, civil rights, voting rights, workers rights, environmental protection, to re-form this nation as a Catholic theocracy, not much different than Islamic theocracy.
Just a reminder: McConnell invented this “rule” of not confirming – not even giving President Obama’s nominee a hearing – even though the election was 10 months away (and Scalia’s seat was vacant for 400 days) because it was an election year, and that Obama purposely looked for a moderate, not a progressive, and not someone who could conceivably serve for 50 years on the bench, in choosing Merrick Garland to replace Antonin Scalia. It really was a further demonstration of the disrespect he had for Obama, America’s first Black president, and, when Obama took office in the midst of the worst financial crisis since the Great Depression, McConnell said his first priority was not to help Americans seeing their lives come apart but to make Obama a “one-term president.” He stalled hundreds of judicial appointments so that he could fill them all – and hand Trump his only achievement Trump can crow about. B
McConnell’s does not necessarily see the swift filling of Ruth Bader Ginsburg’s seat as energizing Republican turnout but because he expects to lose the White House and very possibly the Senate. Also, he wants a Supreme Court in Trump’s pocket to decide the dozens of outrageous court suits designed to suppress voting (the only way Trump can eke out a win in the Electoral College).
Vice President Joe Biden, the Democratic candidate for president, spoke out in Philadelphia, paying homage to Justice Ginsburg’s life and legacy and outrage over yet another theft of a Supreme Court seat that, despite the conservative minority in the country and majority’s rejection of their positions, will control the lives of every American for generations. Presidents may come and go, but these justices serve for life.
”This appointment isn’t about the past. It’s about the future. And the people of this nation are choosing the future right now,” Biden declared. “To jam this nomination through the Senate is just an exercise in raw political power.”
Here are Vice President’s remarks, highlighted, as prepared for delivery on September 20, 2020 in Philadelphia:
I attended mass earlier today and prayed for Justice Ruth Bader Ginsburg and her family.
The nation lost an icon, but they lost a mother, a grandmother, and a matriarch.
We know how hard that is to watch a piece of your soul absorb the cruelty and pain of that dreadful disease of cancer.
But as I spoke with her daughter and granddaughter last night, they made clear that until the very end she displayed the character and courage we would expect of her. She held their hand and gave them strength and purpose to carry on.
It’s been noted that she passed away on Rosh Hashanah.
By tradition, a person who dies during the Jewish New Year is considered a soul of great righteousness.
That was Ruth Bader Ginsgburg. A righteous soul.
It was my honor to preside over her confirmation hearings, and to strongly support her accession to the Supreme Court.
Justice Ginsburg achieved a standing few justices do. She became a presence in the lives of so many Americans, a part of the culture.
Yes there was humor in the mentions of the “Notorious RBG” and her impressive exercise routines. But it was so much more. She was a trailblazer, a role model, a source of hope, and a powerful voice for justice.
She was proof that courage and conviction and moral clarity can change not just the law, but also the world.
And I believe in the days and months and years to follow, she will continue to inspire millions of Americans all across this country. And together, we can — and we will — continue to be voices for justice in her name.
Her granddaughter said her dying words were “My most fervent wish is that I will not be replaced until a new president is installed.”
As a nation, we should heed her final call to us — not as a personal service to her, but as a service to the country at a crossroads.
There is so much at stake — the right to health care, clean air and water, and equal pay for equal work. The rights of voters, immigrants, women, and workers.
And right now, our country faces a choice. A choice about whether we can come back from the brink.
That’s what I’d like to talk about today.
Within an hour of news of her passing, Senate Majority Leader Mitch McConnell said President Trump’s nominee to replace Justice Ginsburg will receive a vote in the Senate.
The exact opposite of what he said when President Obama nominated Merrick Garland to replace Justice Scalia in 2016.
At that time, Majority Leader McConnell made up a rule based on the fiction that I somehow believed that there should be no nomination to the Court in an election year.
It’s ridiculous. The only rule I ever followed related to Supreme Court nominations was the Constitution’s obligation for Senators to provide advice and consent to the president on judicial nominees.
But he created a new one — the McConnell Rule: absolutely no hearing and no vote for a nominee in an election year.
Period. No caveats.
And many Republican Senators agreed. Including then-Chairman of the Senate Judiciary Committee, Chuck Grassley of Iowa. Including the current Chairman of the Senate Judiciary Committee, Lindsay Graham of South Carolina. Who at the time said, and I quote verbatim:
“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 Lindsay Graham said let’s let the next president, whoever it might be, make that nomination. And you could use my words against me and you’d be absolutely right.”
That is what Republicans said when Justice Scalia passed away — about nine months before Election Day that year. Now, having lost Justice Ginsburg less than seven weeks before Election Day this year — after Americans have already begun to cast their votes — they cannot unring the bell.
Having made this their standard when it served their interest, they cannot, just four years later, change course when it doesn’t serve their ends. And I’m not being naive.
I’m not speaking to President Trump, who will do whatever he wants.
I’m not speaking to Mitch McConnell, who will do what he does.
I’m speaking to those Senate Republicans out there who know deep down what is right for the country — not just for their party.
I’m speaking for the millions of Americans out there, who are already voting in this election. Millions of Americans who are voting because they know their health care hangs in the balance.
In the middle of the worst global health crisis in living memory, Donald Trump is at the Supreme Court trying to strip health coverage away from tens of millions of families and to strip away the peace of mind from more than 100 million people with pre-existing conditions.
If he succeeds, insurers could once again discriminate or drop coverage completely for people living with preexisting conditions like asthma, diabetes, and cancer.
And perhaps, most cruelly of all, if Donald Trump has his way, complications from COVID-19, like lung scarring and heart damage, could become the next deniable pre-existing condition.
Millions of Americans who are also voting because they don’t want nearly a half century of legal precedent to be overturned and lose their right to choose.
Millions of Americans who are at risk of losing their right to vote.
Millions of Dreamers who are at risk of being expelled from the only country they have ever known.
Millions of workers who are at risk of losing their collective bargaining rights.
Millions of Americans who are demanding that their voices be heard and that equal justice be guaranteed for all.
They know — we all know — what should happen now.
The voters of this country should be heard. Voting has already begun in some states.
And in just a few weeks, all the voters of this nation will be heard. They are the ones who should decide who has the power to make this appointment.
This appointment isn’t about the past. It’s about the future. And the people of this nation are choosing the future right now.
To jam this nomination through the Senate is just an exercise in raw political power.
I don’t believe the people of this nation will stand for it.
President Trump has already made it clear this is about power. Pure and simple.
Well, the voters should make it clear on this issue and so many others: the power in this nation resides with them — the people.
And even if President Trump wants to put forward a name now, the Senate should not act on it until after the American people select their next president and the next Congress.
If Donald Trump wins the election — then the Senate should move on his selection — and weigh that nominee fairly.
But if I win the election, President Trump’s nomination should be withdrawn.
As the new President, I should be the one who nominates Justice Ginsburg’s successor, a nominee who should get a fair hearing in the Senate before a confirmation vote.
We’re in the middle of a pandemic. We’re passing 200,000 American deaths lost to this virus. Tens of millions of Americans are on unemployment.
Health care in this country hangs in the balance before the Court.
And now, in a raw political move – this president and the Republican leader have decided to jam a lifetime appointment to the Supreme Court through the United States Senate.
It’s the last thing we need in this moment.
Voters have already begun casting ballots in this country.
In just a few weeks, we are going to know who the voters of this nation have chosen to be their next president.
The United States Constitution was designed to give the voters one chance – to have their voice heard on who serves on the Court.
That moment is now — and their voice should be heard. And I believe voters are going to make it clear – they will not stand for this abuse of power.
There’s also discussion about what happens if the Senate confirms — on election eve – or in a lame duck after Donald Trump loses — a successor to Justice Ginsburg.
But that discussion assumes that we lose this effort to prevent the grave wrong that Trump and McConnell are pursuing here.
And I’m not going to assume failure at this point. I believe the voices of the American people should be heard.
This fight won’t be over until the Senate votes, if it does vote.
Winning that vote — if it happens — is everything.
Action and reaction. Anger and more anger. Sorrow and frustration at the way things are.
That’s the cycle that Republican Senators will continue to perpetuate if they go down this dangerous path they have put us on.
We need to de-escalate — not escalate.
So I appeal to those few Senate Republicans — the handful who will really decide what happens.
Don’t vote to confirm anyone nominated under the circumstances President Trump and Senator McConnell have created.
Don’t go there.
Uphold your Constitutional duty — your conscience.
Cool the flames that have been engulfing our country.
We can’t keep rewriting history, scrambling norms, and ignoring our cherished system of checks and balances.
That includes this whole business of releasing a list of potential nominees that I would put forward.
It’s no wonder the Trump campaign asked that I release a list only hours after Justice Ginsburg passed away.
It’s a game to them, a play to gin up emotions and anger.
There’s a reason why no Presidential candidate other than Donald Trump has ever done such a thing.
First, putting a judge’s name on a list like that -could influence that person’s decision-making as a judge — and that’s wrong.
Second, anyone put on a list like that under these circumstances – will be the subject of unrelenting political attacks.
And because any nominee I would select would not get a hearing until 2021 at the earliest – she would endure those attacks for months on end without being able to defend herself.
Third, and finally, and perhaps most importantly, if I win, I will make my choice for the Supreme Court — not as part of a partisan election campaign — but as prior Presidents did.
Only after consulting Democrats and Republicans in the U.S. Senate – and seeking their advice before I ask for their consent.
As everyone knows – I have made it clear that my first choice for the Supreme Court will make history as the first African American woman Justice.
I will consult with Senators in both parties about that pick, as well as with legal and civic leaders. In the end, the choice will be mine and mine alone.
But it will be the product of a process that restores our finest traditions – not the extension of one that has torn this country apart.
I’ll conclude with this.
As I’ve said in this campaign, we are in the battle for the soul of this country.
We face four historic crises. A once-in-a-generation pandemic. A devastating economic recession. The rise of white supremacy unseen since the 1960’s, and a reckoning on race long overdue. And a changing climate that is ravaging our nation as we speak.
Supreme Court decisions touch every part of these crises — every part of our lives and our future.
The last thing we need is to add a constitutional crisis that plunges us deeper into the abyss – deeper into the darkness.
If we go down this path, it would cause irreversible damage.
The infection this president has unleashed on our democracy can be fatal. Enough.
We must come together as a nation. Democrat, Republican, Independent, liberal, conservative. Everybody.
I’m not saying that we have to agree on everything. But we have to reason our way through to what ails us – as citizens, voters, and public servants. We have to act in good faith and mutual good will. In a spirit of conciliation, not confrontation.
This nation will continue to be inspired by Ruth Bader Ginsburg, but we should be guided by her as well.
By her willingness to listen, to hear those she disagreed with, to respect other points of view.
Famously, Justice Ginsburg got along well with some of the most conservative justices on the Court.
And she did it without compromising her principles – or clouding her moral clarity – or losing her core principles.
If she could do this, so can we.
How we talk to one another matters. How we treat one another matters. Respecting others matters.
Justice Ginsburg proved it’s important to have a spine of steel, but it’s also important to offer an open hand — and not a closed fist — to those you disagree with.
This nation needs to come together.
I have said it many times in this election. We are the United States of America.
There’s nothing we cannot do if we do it together. Maybe Donald Trump wants to divide this nation between Red States and Blue States.
Between representing those states that vote for him and ignoring those that don’t.
I do not.
I cannot — and I will not — be that president.
I will be a president for the whole country.
For those who vote for me and those who don’t.
We need to rise to this moment, for the sake of our country we love.
Governor Andrew M. Cuomo today signed an Executive Order — the ‘New York State Police Reform and Reinvention Collaborative’ — requiring local police agencies, including the NYPD, to develop a plan that reinvents and modernizes police strategies and programs in their community based on community input. Each police agency’s reform plan must address policies, procedures, practices and deployment, including, but not limited to use of force.
During the same event, attended by Gwen Carr, mother of Eric Garner; Valerie Bell, mother of Sean Bell; NAACP President Hazel Dukes; Reverend Al Sharpton , New York State Assembly Speaker Carl Heastie and Senate Leader Andrea Stewart-Cousins, Cuomo also signed the ‘Say Their Name’ Reform Agenda package following the killing of George Floyd and an ongoing pattern of police brutality against minority communities across the nation. These landmark policing reforms will help reduce inequality in policing and reimagine the state’s criminal justice system. The reforms include:
Allowing for transparency of prior disciplinary records of law enforcement officers by repealing 50-a of the civil rights law;
Banning chokeholds by law enforcement officers;
Prohibiting false race-based 911 reports; and
Designating the Attorney General as an independent prosecutor for matters relating to the civilian deaths.
“The murder of George Floyd was just the tipping point of the systemic injustice and discrimination that has been going on in our nation for decades, if not centuries,” Governor Cuomo said.”These are issues that the country has been talking about for a long time, and these nation-leading reforms will make long overdue changes to our policing and criminal justice systems while helping to restore community confidence in law enforcement.
Under Cuomo’s Police Reform and Reinvention Collaborative executive order, police forces throughout the state, in cities, towns and counties- some 500 of them – must adopt a plan by April 1, 2021 to be eligible for future state funding and certify that they have:
Engaged stakeholders in a public and open process on policing strategies and tools;
Presented a plan, by chief executive and head of the local police force, to the public for comment;
After consideration of any comments, presented such plan to the local legislative body (council or legislature as appropriate) which has approved such plan (by either local law or resolution); and
If such local government does not certify the plan, the police force may not be eligible to receive future state funding.
“The protests taking place throughout the nation and in communities across New York in response to the murder of George Floyd illustrate the loss of community confidence in our local police agencies — a reality that has been fueled by our country’s history of police-involved deaths of black and brown people,” Governor Cuomo said. “Our law enforcement officers are essential to ensuring public safety — they literally put themselves in harm’s way every day to protect us. This emergency regulation will help rebuild that confidence and restore trust between police and the communities they serve by requiring localities to develop a new plan for policing in the community based on fact-finding and meaningful community input.”
Immediately following the death of George Floyd, Governor Cuomo laid out a series of reform policy items – called the “Say Their Name” agenda – including allowing for transparency of prior disciplinary records of law enforcement officers by reforming 50-a of the civil rights law; banning chokeholds by law enforcement officers; prohibiting false race-based 911 reports and making them a crime; and designating the Attorney General as an independent prosecutor for matters relating to the deaths of unarmed civilians caused by law enforcement.
This builds on prior executive actions the Governor has taken including appointing the Attorney General as a special prosecutor in matters relating to the deaths of unarmed civilians caused by law enforcement.
“The horrific murder of George Floyd, the most recent in a long list of innocent people like Breonna Taylor, Ahmaud Arbery, Sean Reed, Tony McDade, and so many more, has led to a rightful outpouring of grief and anger,” Senate Majority Leader Andrea Stewart-Cousins said, who recalled when her own son, at 18 years old, was taken into custody and left with a broken nose. “Black New Yorkers, like all residents of this state, deserve to know that their rights, and lives, are valued and protected by our justice system. The legislation that will be signed today will help stop bad actors and send a clear message that brutality, racism, and unjustified killings will not be tolerated.”
Assembly Speaker Carl Heastie said,”The tragic deaths of George Floyd, Breonna Taylor, Eric Garner, Ramarley Graham and so many others shake us to the core. This week, my colleagues and I in the Assembly Majority answered the call of New Yorkers by passing historic reforms to our law enforcement system. These reforms have been championed by our members for years, and I want to thank my colleagues for their tireless commitment to seeing them through to the finish line. I would also like to thank the families of the victims and the passionate advocates who never tired in this fight for justice. They have courageously channeled their grief into a positive force for change and inspired us to deliver meaningful reforms here in New York.”
Cuomo stressed that actions need to be taken at the federal level to create national standards that root out systemic racism in criminal justice and law enforcement, but that New York State, as the “progressive capital” of the nation, would serve as a model for other states and ultimately the federal government.
“Criminal justice reform should be done on a national level,” he said. “And the House has been very aggressive on reform, the Congress, and I applaud them for it. But New York State is the progressive capital. We never sit back and say just what the nation should do, we show the nation what it should do. We lead by example and we lead by getting it done. We are a state of action and that’s us at our best…”
“There is no quick fix to this,” Cuomo said. “There is no, ’”Well, stop tear gas. Well, change the uniforms.’ That’s not what this is about, my friends. And it would be a mistake if we went down that path. This is systemic reform of police departments. This is sitting down and taking a look at exactly what they do and have been doing and looking at it through a new lens of reform and reinvention, because this has been 40, 50 years in the making. Providing police with military equipment, increasing the number of police, it goes back to the ’90s in the crime bills. Looking at the population explosion in our prisons, this was a long time in coming, and this is not about a press release that’s going to solve it. The way we really solve this is we say to every police agency in this state, I believe it should happen in the nation, sit down at the table with the local community, address these issues, get to the root of these issues, get a plan, pass that plan by your local government, and if you don’t, you’re not going to get any additional state funds, period. We’re not going to fund police agencies in this state that do not look at what has been happening, come to terms with it and reform themselves. We’re not going to be as a state government subsidizing improper police tactics, we’re not doing it. And this is how we’re going to do it.”
Senate Leader Stewart-Cousins spoke personally: “But every parent, every mother who looks like me understood that scary notion with our kids, with our husbands, with our brothers. I got that call when my son, my youngest son was only 18 years old and he was quote unquote on the wrong side of the town, he was stopped, he was frisked. The next thing I know after we’re out of the police station, we’re in the emergency room because he has a fractured nose. Thank god I was able to bring him home. I ache for Gwen, Valerie. I understood that.”
She noted that her brother, Bobby, a Marine vet, a Vietnam War vet, served as a transit police officer for six years, before he left “because he was convinced that the department, that the system was designed so that every young black man would have a record. He knew. He was a good cop, he worked with good cops, but he couldn’t change that. And you knew the system couldn’t change itself.
“And so here we are. We know this isn’t a cure, as the governor said. We know that this is the beginning, but it’s a move to bring justice to a system that has long been unjust. And, again, I thank you for being a partner for making sure that we take to heart this moment that has taken too long to come to. And I thank all of the people in the streets and the leadership of the families to make this happen. So, thank you, Governor.”
Assembly Speaker Heastie reflected, “There are still many other issues of systemic injustice and systemic racism that people of color have to deal with. It’s education and health disparities and these are all things that we have to continue as Government to be a part of. Government is supposed to be problem solvers. When society can’t fix things that’s what government is supposed to come in and chart that costs so this is just a very it’s an emotional day.”
Many reflected on the long list of victims over the past 40-50 years, and sporadic flare-ups of outrage but nothing concrete to change the system. What was different now?
Cuomo opined, “But I think it wasn’t just about Mr. Floyd’s death. I think it was the cumulative impact and I think all the names on that list did not die in vain. I think it took that repeated articulation to get the country to this point. Reverend Sharpton— on every one of those situations— was out there making this point all over the country. All over the country. And finally, finally, the country heard! But the reason we’re here today, make no mistake, is because Rev. Sharpton and good people across the country, were out there making the point every time over and over and over again.
“So, Eric Garner did not die in vain. Shawn Bell did not die in vain. It took— it took a number of lives, unfortunately. it took a number of injustices, unfortunately. But each one was a part in getting to today and it was Rev. Sharpton standing up and making sure the people of this nation heard every time, every injustice happened. And that— that Reverend— is a special ability, a special contribution, and it happened year after year after year and we all respect your effort. We thank you for what you’ve done. We thank you for your voice, which the nation has heard. This state has heard. And not only did we hear you— we’re going to make a difference and this state is going to make a difference and I believe it’s going to be a difference that will resonate across the nation. Because what we’re doing here, making every police agency come to the table with the community— that should be done in every police agency in this country. Together we’ll make it happen. Reverend Sharpton.”
Sharpton replied, ”let us be very clear. There is no governor in this country that has said what he said this morning. He and I are debating sometimes, but he has, in many ways, done things that even I did not expect. To say that every mayor must come up with a plan along these areas or they will withhold state money, is a model for where we ought to be dealing with 21st century civil rights in this country. Make no mistake: this is a new level that all other 49 governors ought to look at, because to say, “I want to see mayors deal with this” and “I want to see city councils deal with this,” is one thing. But to say, “we’re going to hold funds— means that he means it.”
He noted that 20 years ago, when Sharpton organized a March on Washington, Cuomo, then Secretary of Housing & Urban Development, was the only member of Clinton’s cabinet to attend.
“Andrew Cuomo has raised the bar, and I hope every governor in this country will be asked today whether or not they’re going to do what he just did. Somebody has to raise the bar. Then we can say to the Floyd family and others that you really have seen a new day, and we’ve turned a new way in this country. And I think that he has done that and Andrew Cuomo knows that when I don’t think he did whatever, I will tell him. He has gone beyond even my expectations. So enjoy these few minutes. But I think this is a great day.”
Here are more details of the legislation Cuomo signed:
Repealing 50-a (S.8496/A.10611)
Section 50-a of the New York State Civil Rights Law creates a special right of privacy for the personnel records of police officers, correction officers, and firefighters and paramedics employed by the State or political subdivisions. The current law prevents access to both records of the disciplinary proceedings themselves and the recommendations or outcomes of those proceedings, leading to records of complaints or findings of law enforcement misconduct that did not result in criminal charges against an officer almost entirely inaccessible to the public.
Repealing 50-a will allow for the disclosure of law enforcement disciplinary records, increasing transparency and helping the public regain trust that law enforcement officers and agencies may be held accountable for misconduct.
Banning Chokeholds (S.6670-B/A.6144)
In 1993, the New York City Police Department completely banned its officers from using chokeholds, but the ban has not prevented police officers from using this method to restrain individuals whom they are trying to arrest and the continued use of chokeholds has resulted in too many deaths. This new law creates criminal penalties when a police officer or peace officer uses a chokehold or similar restraint and causes serious physical injury or death.
Senator Brian Benjamin said, “Criminalizing the use of the chokehold by police or peace officers punishable up to 15 years in prison is an important step that will bringing sorely needed police accountability reform to New York State. It is time that we make it abundantly clear that no one is above the law. This is the first law that I am aware of that establishes an enhanced offense specifically on police officers and that is primarily because those who we hire to protect and serve must be held to a higher standard. I would like to thank the Senate and Assembly for passing the ‘Eric Garner Anti-Chokehold Act,’ and Governor Cuomo for signing this legislation that will help to save the lives of unarmed black men and women who encounter the police and hopefully begin the process of establishing trust and reducing tensions with law enforcement and communities of color.”
Assembly Member Walter T. Mosley said, “George Floyd and Eric Garner yelled out the same words as they were brutally killed by police officers. We need real change to protect black Americans, and part of that is ensuring there are consequences for misconduct on the part of police officers. This legislation is one of many steps in that direction. I thank Governor Cuomo for signing this bill into law and hope to continue working with his administration to make our state a fairer and more equal place to call home.”
Prohibiting Race-Based 911 Calls (S.8492/A.1531)
Recent years have shown a number of frivolous and false calls to 911 based on the callers’ personal discomfort with other people and not for any particular threat. This new law makes it a civil rights violation to call 911 to report a non-emergency incident involving a member of a protected class without reason to suspect a crime or an imminent threat.
Senator Kevin Parker said, “Social media is rampant with videos of people weaponizing the 911 emergency system against African-Americans hoping to see them falsely arrested or worse. This legislation is by no means a solution to the systemic injustices and prejudices that fuel these types of calls to the police. However, this law gives victims of this despicable behavior the beginnings of some recourse. I am glad that it was passed, together with other important police reform bills, and I thank Governor Cuomo for signing it into law.”
Appointing Attorney General as Independent Prosecutor for Police Involved Deaths (S.2574-C/A.1601)
This new law establishes an Office of Special Investigation within the Office of the Attorney General to investigate and, where appropriate, prosecute cases where the death of a person follows an encounter with a law enforcement officer. The law also requires the new Office of Special Investigation to produce a report explaining the reasons for its decision regardless of whether it chooses to pursue charges. This will help improve public confidence in the criminal justice system by removing a potential conflict of interest in these types of investigations. This law builds on the Governor’s Executive Order No. 147 from 2015 which established the Attorney General as an independent prosecutor in instances of police-involved deaths.
Assembly Member Nick Perry said, “Over twenty years since police unloaded 41 shots killing Amadou Diallo, nearly six years after the merciless choking of Eric Garner, it took the videos of the heartrending death of George Floyd to finally help us break through the blue wall of silence and resistance to the public cry for criminal justice reform and changes in the prosecution of cases involving death at the hands of the police, who are supposed to protect us. We know that this new law will not end our quest for an assurance for fairness in the process for prosecuting crimes by bad police officers, but it is a big step in the right direction. Millions of New Yorkers and I are delighted that the Governor has signed this bill into law.”
The murder of George Floyd at the hands of Minneapolis police officer has galvanized the nation and the world. His murder was only one of a long, long list of murders and lynchings over decades. But this was a perfect storm that made its heinousness obvious to all: this was not the instant firing of a gun in a moment of fear, but a tortuously long, drawn out 8 minutes, 46 seconds, during which three other police stood around, onlookers pleaded for mercy, and the whole thing captured on video shared over social media. So while there were other unprovoked killings – Breonna Taylor, shot in her own apartment in the dead of night after police invaded with a no-knock warrant – this one was undeniable in demonstrating the ingrained culture that dehumanizes in order for such violence to occur, and the smug security of police, given unparalleled power of a gun and a badge, that they would not be held accountable.
Enough is enough, protesters by the tens of thousands in hundreds of cities throughout the country and the world, chant, even putting their own lives at risk, not just from the baton-wielding, tear-gas throwing, flashbang grenade hurling, rubber-bullet firing police dressed as an invading army, but from the ongoing coronavirus pandemic.
The protests have come to suburbia and our home town as well – most affectingly, one this weekend organized by Great Neck high school students which drew well over 500 people to Firefighters Park in Great Neck Plaza. (They withstood accusations on Facebook they were terrorists who had collected stones to throw at police. Meanwhile, county police closed off the main street to traffic so they could march a mile to the Village Green, and walked along side.)
They decried the structural racism at the heart of a police culture that has its origins in catching slaves, then, morphed into an enforcement mechanism for White Supremacy, along with so many other structural inequities that, by design, have kept African Americans, Hispanics and other minorities unequal in society.
While the elements of police brutality and criminal injustice are well known, they are kept in force year after year, decade after decade, generation after generation by supremely politically powerful police unions.
Indeed, the most dramatic “reform” is to completely rebuild police departments – there are 16,000 of them. Some police departments have actually done this – Camden, NJ, for example – and it may be the only way to really root out the structural inequities, bias. Now Minneapolis’ city council has voted to disband its $193 million police department. What that actually means is that, like Camden, it intends to rebuild it, in order to make it functional and appropriate in a country that supposedly is based on principles of “equal justice for all.”
They will likely scrutinize how police officers are recruited, hired, know if there is a record of police brutality (like Timothy Loehmann who murdered 12-year old Tamir Rice). How are officers trained and what they understand their “mission” to be? One trendy training program (as John Oliver disclosed on “Last Week Tonight”) is in the “art” of “Killology” where officers are instructed that if they are not predators prepared to kill, they have no business being police.
Not only are the problems well known, but the solutions have been methodically investigated, analyzed, quantified and put in the form of recommendations – by the Obama Administration after the Ferguson, Missouri, riots that followed Michael Brown’s unprovoked murder by police. The task force developed a template for 21st Century Policing, including ending militarizing police. His Department of Justice under Eric Holder obtained consent decrees from the most vile police forces. But, like the template to address a global pandemic handed to the Trump Administration, it was immediately discarded, and the consent decrees withdrawn.
But George Floyd has created the rarest opportunity for reform. With breathtaking speed for New York or any state government, major measures for a “Say Their Name” police reform agenda have already passed the Legislature: Allow for transparency of prior disciplinary records by reforming 50-a; ban chokeholds; prosecute for making a false race-based 911 report; and designating the Attorney General as an independent prosecutor in cases involving death of unarmed civilian by law enforcement.
Cuomo wants to go further to “seize the momentum,” correctly seeing this time as transformational to “reinvent” policing..
“This is a long time coming,” Cuomo said. “It is time to reimagine and reinvent policing for 2020…Police are public servants for that community – if the community doesn’t trust, doesn’t respect police, police can’t do their job.”
Democrats in Congress have also seized on this transformational moment as well, introducing “Justice in Policing Act” which at the federal level would ban chokeholds; challenge “qualified immunity”; prohibit no-knock warrants; counter the trend toward militarization of police; require body and dashboard cameras; require independent prosecutors in cases of police brutality; establish a national database to track police misconduct; and (finally) make lynching a federal hate crime.
Others want more. There are calls to “defund police” – which like “They’re coming for your guns” and “Open Borders!” is a catchy slogan that fits on a sign that has been deliberately distorted by Trump and the Republicans and used to incite fear among (white suburban) voters who are being told their neighborhoods will be overrun by criminals, gangs and rapists.
What “defund police” means is reassessing what functions the police do. Do we want protectors or warriors? Are police the best ones to address situations involving mental health, drug overdoses, domestic violence or school discipline? More accurately, people are calling for “divest-reinvest”: take that money and invest in social workers, mental health professionals, and guidance counselors that police, themselves, have said they are not equipped to deal with.
And it means investing in community programs that in themselves reduce crime. That’s what Cuomo is proposing in a Justice Agenda to root out the causes of criminal injustice, all on view in conjunction with the coronavirus epidemic and its disproportionate impact on communities of color: it goes to addressing the disparities in education, housing, health care, poverty.
“This is not just a moment for political protest,” Governor Cuomo said. “It’s not just a moment to express outrage. It’s a moment to do something about it, and to make real reform and real change. That’s the goal of the moment. I understand the emotion. I want people to know how upset I am. Good. Second step, what do we do about it? And let’s get it done here in the State of New York.
“When we talk about a Justice Agenda, we want to fight the systemic racism, inequality and injustice in our society. That is what the protesters are saying and I stand with the protesters in saying that because it’s very true. But in this moment of change, let’s make it real change and let’s get to the root of the issue. You want to talk about injustice and inequality in America. Well then it has to start with our education system. We do not educate all children the same. ‘Opportunity for all.’ No, opportunity for some, opportunity for people who grow up in a rich school district and a rich family with high property taxes and they go to great schools, but not for the children who grow up in poorer communities, who go to inferior schools. That is the reality today. That is the truth. I’m saying that as Governor of New York not as a protester on a street corner. It is a fact. Even in this state, we spent $36,000 per year, per student, in a wealthy school district, $13,000 per year in a poorer school district. How do you rationalize that? You can’t and say this is a system that provides equal opportunity for all.
“How do you still have children living in poverty? With all this wealth, with all this abundance, how do you tolerate a situation where some children to no fault of their own, you can’t blame them, they were born into one circumstance and they are living in poverty? You can’t justify it. The number of homeless, lack of affordable housing, you have a federal government that just went out of the housing business. I was the former housing secretary, worked in housing all my life. Housing was a federal responsibility, not state, not local. 1949 Housing Act, “for this nation, safe, clean, decent housing for all Americans.” 1949, it’s 2020, what are we doing? There’s no section eight, no section eight project base, no more public housing, and then we wonder why there is an affordable housing shortage.
“And yes, criminal justice reform, why do we lock up more people than any industrialized nation on the globe? That is a sign of success? …Why do we have racial disparity in the criminal justice system? How do you rationalize it? Unless it goes back to the other systemic injustices and inequality, if a person grows up in poverty, if a person doesn’t have education, if a person doesn’t have access to opportunity, then you see the result in the criminal justice system. This is how you get at injustice and inequality, and you can’t do it piecemeal, either attack it fully or you will never defeat it. That is the justice agenda. And this has to be done on the federal level and it should be done on the federal level because this is not a New York or California or Florida issue. It is an American issue. And you are in the middle of election season, stand up and say, ‘Here is my election reform agenda. You want my support and my vote? Here is my agenda. You are running for Congress, you’re running for Senate, or whatever you’re running for, you want my support? Here is my agenda.’ That is my opinion,” Cuomo said.
But none of this will happen as long as Trump and the Republicans are in power.
Vice President Joe Biden, the presumptive Democratic nominee for president, delivered remarks on the economy and the May jobs report which unexpectedly showed 2.5 million jobs added and an unemployment rate dipping slightly to 13.3%, instead of rising to as much as 20%. But that 2.5 million jobs reflects the fact that states have begun reopening; there were 40 million people who have filed for unemployment, so an unimaginable 37 million are still without jobs. And 13.3% is still higher than at any time during the 2008 Great Recession. Moreover, the Trump administration apparently changed the way certain numbers are calculated, so the actual unemployment rate could be 3 points higher, or 16.3%, which would be closer to what economists forecast. Trump also manages to ignore the fact that the stimulus program pushed by Democrats over Republicans’ objections, worked to keep the economy from descending into a Great Depression. He also ignored the disproportionate unemployment rates among Blacks and Hispanics, groups that are also suffering disproportionately from COVID-19. But Trump is desperate to put a rosy face on an economy while ignoring the fact the coronavirus pandemic is still spreading and his administration has done virtually nothing to provide a national program for testing, tracing and isolating, nor even set standards for workplaces and schools only some tepid guidelines. And Trump was desperate to shift attention from his Fascistic overreach of using military power used against peaceful protesters calling for an end to race-based police brutality.
Instead, Vice President Biden took Trump to task and offered his own analysis of the depth of harm to the economy and public health caused by Trump’s failure of leadership and his preoccupation with Wall Street over Main Street, wealth over wages.
Here is a transcript of Biden’s remarks: –Karen Rubin/news-photos-features.com
Before I speak to the economic situation, I have to take a moment to address something the President said this morning.
Toward the end of his remarks today, Donald Trump said he hopes that George Floyd “is looking down and seeing this is a great day for our country.”
He was speaking of a man who was brutally killed by an act of needless violence — and by a larger tide of injustice — that has metastasized on this President’s watch.
George Floyd’s last words — “I can’t breathe, I can’t breathe” — have echoed across our nation.
For the President to try to put any other words in the mouth of George Floyd — is frankly despicable.
And, the fact that he did so on a day when Black unemployment rose and black youth unemployment skyrocketed — tells you everything you need to know about who this man is and what he cares about.
Today, like all Americans, I was glad to see that two-and-a-half million Americans have gotten their jobs back.
For those families, that’s a sigh of relief.
And for all of us, it’s a reminder of the resilience of the American people.
To those Americans, I’m so proud of you, and so happy for you and your families.
I was disturbed, however, to see the President crowing this morning — basically hanging a “mission accomplished”’ banner when there is so much work to be done — and so many Americans are still hurting.
More than twenty million Americans — one out of every seven U.S. workers — are still out of work.
For an enormous swath of our country, their dreams are still on hold. They are still struggling to put food on the table. The unemployment rate remains the highest it’s been in nearly a century.
As I said, Black unemployment went up this month. Latino youth unemployment jumped to over 37 percent. Hispanic unemployment overall is four times higher than it was before the President botched his response to the pandemic. And I’m worried, when you look deeper at the data, that while temporary layoffs went down,permanent layoffs went up.
Donald Trump still doesn’t get it.
He’s out there spiking the football — completely oblivious to the tens of millions of people who are facing the greatest struggle of their lives. Those folks aren’t feeling any less pain today than they were yesterday.
People who’ve lost their health care in this crisis, they’re not celebrating today — especially when Donald Trump is still in court fighting to strip away health care protections from even more Americans.
The fact is, there are about 13 million less jobs today for American workers than the day that President Obama and I left office.
So while it’s wonderful to see ten percent of the families who lost their jobs due to Trump’s disastrous pandemic response start to make their way back — the President’s behavior makes me deeply worried for the 90 percent who haven’t.
So to all those families — who are scared, and hurting, and wondering what’s going to happen next: I want you to know I see you. I won’t ever forget you. And I won’t be satisfied – until this economy starts working for all of you.
Let’s be clear about something. The depth of this job crisis is not attributable to an act of God — but to the failure of a President. The truth is every country dealt with job losses due to the pandemic, but America was hit much harder out of the gate due to Trump’s complete mismanagement of the response.
This morning, he tried to compare our response to Germany’s and South Korea’s.
Okay, let’s compare. Germany has one-third of the deaths per capita that we do. South Korea has less than 300 deaths — total. America has four percent of the world’s population — and more than a quarter of the world’s deaths from this pandemic.
It’s no secret why that is.
Let’s get something straight: he did not act quickly.
For months, he downplayed the threat — falsely promising us that anyone could get a test — and claiming that “like a miracle it will disappear.”
He repeatedly praised China’s containment response – despite a litany of public appeals — including from me — not to bet American lives and the U.S. economy on the word of the Chinese government.
He refused to take action to get adequate testing in place — allowing the virus to spread further than it should have.
Columbia University found that 54,000 lives could have been saved if the administration had acted just two weeks earlier.
His failure didn’t just cost lives. It cost jobs.
New studies this week from Moody’s and Brookings confirm that half or more of those who lost their jobs would still be employed had Trump mounted a competent response like Germany and South Korea and other countries did.
We know why this happened. Donald Trump was more focused on the stock wealth of the biggest corporations than he was on the well-being of the American people.
It’s why he had his top economic advisors telling people to buy stocks instead of preparing our nation to brace for the pandemic.
Now — after 110,000 deaths and more than 20 million people still out of work — the consequences are clear.
We are still facing devastating unemployment, an historic health crisis, and a continuing crisis of violence, injustice, and indignity that is devastating Black Americans and diminishing the soul of our country.
These are some of the sternest challenges our nation has ever faced, and Trump is patting himself on the back.
He just has no idea what’s really going on in this country. He has no idea the depth of pain that people are facing. He remains completely oblivious to the human toll of his indifference. It is time for him to step out of his bunker and take a look around at the consequences of his words and actions.
Let’s be clear — a president who takes no responsibility for costing millions and millions of Americans their jobs deserves no credit when a fraction of them return.
But there’s a deeper concern here. As we recover, some of the temporary job losses we are still not on track to grow back in a way that will actually serve working people.
President Trump is still rewarding wealth over work.
All we hear coming out of the White House is calls for more tax cuts for big investors and big corporations. Well, they didn’t build this country. The middle class did — that’s who I fight for.
And if Trump continues to put the interests of CEOs and shareholders ahead of American workers, we’ll never get to where we need to be as a country.
Look, every American has a choice to make this November. Not simply what kind of President we want , but what kind of country we want. What kind of economy we want — and who that economy serves.
In the coming weeks, I will lay out in detail my comprehensive plan— not just to build things back to the way they were before COVID-19, but to build back better.
To create millions of new, good-paying jobs with benefits where people get a fair return for work and we make our country stronger, more resilient, and more just.
That plan will be anchored in job-creating investments, in small businesses, infrastructure – innovation, manufacturing, and caregiving, and in rewiring the faulty structures of our economy to ensure the dignity and equity of all American workers.
The public health crisis, the job crisis, and the crisis of inequity and indignity being endured by African Americans — those three challenges are deeply connected to one another.
The solutions must be, as well.
Any economic plan must start with a public health plan to make sure tests are available, to get our society functioning, to build back the confidence we need to truly bring back jobs and small businesses.
But that is only the first step.
My jobs plan will also be about restoring dignity to the American people.
In addition to pursuing badly-needed reforms, we need to be growing wages, leveling the playing field, and creating tens of millions of the new jobs we need to build a better American future.
There is a monumental amount of work to do to repair the damage that has been done. And simply tweeting slogans like “transition to greatness” won’t solve anything for families who are hurting.
I look forward to introducing and implementing a real jobs plan that will meet this challenging moment.
Americans can’t afford to have any more of their time wasted.
They need an economy that works for them — now.
They need jobs that bring dignity — now.
They need equal justice — and equal opportunities — now.
They need a president who cares about them, and cares about helping them heal — now.
Amid national protests over police brutality and the murder of George Floyd in Minneapolis, and Donald Trump calling out the military against peaceful protesters outside the White House, VP Joe Biden, the presumptive Democratic candidate for president, declares, “The moment has come for our nation to deal with systemic racism. To deal with the growing economic inequality in our nation. And to deal with the denial of the promise of this nation — to so many.“
“We are a nation in pain,” Biden declared. “but we must not allow this pain to destroy us. We are a nation enraged, but we cannot allow our rage to consume us. We are a nation exhausted, but we will not allow our exhaustion to defeat us.
“As President, it is my commitment to all of you to lead on these issues — to listen. Because I truly believe in my heart of hearts, that we can overcome. And when we stand together, finally, as One America, we will rise stronger than before.”
Here is a transcript of Vice President Joe Biden’s speech delivered from the Mayor’s Reception Room in Philadelphia City Hall in front of an audience that included Mayor Jim Kenney, Congressman Brendan Boyle, and state and local elected officials.:
“I can’t breathe.” “I can’t breathe.”
George Floyd’s last words. But they didn’t die with him. They’re still being heard. They’re echoing across this nation.
They speak to a nation where too often just the color of your skin puts your life at risk.
They speak to a nation where more than 100,000 people have lost their lives to a virus – and 40 million Americans have filed for unemployment – with a disproportionate number of these deaths and job losses concentrated in black and brown communities.
And they speak to a nation where every day millions of people – not at the moment of losing their life – but in the course of living their life – are saying to themselves, “I can’t breathe.”
It’s a wake-up call for our nation. For all of us.
And I mean all of us. It’s not the first time we’ve heard these words – they’re the same words we heard from Eric Garner when his life was taken six years ago.
But it’s time to listen to these words. Understand them. And respond to them – with real action.
The country is crying out for leadership. Leadership that can unite us. Leadership that can bring us together. Leadership that can recognize the pain and deep grief of communities that have had a knee on their neck for too long.
But there is no place for violence.
No place for looting or destroying property or burning churches, or destroying businesses — many of them built by people of color who for the first time were beginning to realize their dreams and build wealth for their families.
Nor is it acceptable for our police — sworn to protect and serve all people — to escalate tensions or resort to excessive violence.
We need to distinguish between legitimate peaceful protest — and opportunistic violent destruction.
And we must be vigilant about the violence that’s being done by the incumbent president to our democracy and to the pursuit of justice.
When peaceful protestors are dispersed by the order of the President from the doorstep of the people’s house, the White House — using tear gas and flash grenades — in order to stage a photo op at a noble church, we can be forgiven for believing that the president is more interested in power than in principle.
More interested in serving the passions of his base than the needs of the people in his care.
For that’s what the presidency is: a duty of care — to all of us, not just our voters, not just our donors, but all of us.
The President held up a bible at St. John’s church yesterday.
If he opened it instead of brandishing it, he could have learned something: That we are all called to love one another as we love ourselves.
That’s hard work. But it’s the work of America.
Donald Trump isn’t interested in doing that work.
Instead he’s preening and sweeping away all the guardrails that have long protected our democracy.
Guardrails that have helped make possible this nation’s path to a more perfect union.
A union that constantly requires reform and rededication – and yes the protests from voices of those mistreated, ignored, left out and left behind.
But it’s a union worth fighting for and that’s why I’m running for President.
In addition to the Bible, he might also want to open the U.S. Constitution.
If he did, he’d find the First Amendment. It protects “the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Mr. President: That is America.
Not horses rising up on their hind legs to push back a peaceful protest. Not using the American military to move against the American people. This nation is a nation of values. Our freedom to speak is the cherished knowledge that lives inside every American.
We will not allow any President to quiet our voice.
We won’t let those who see this as an opportunity to sow chaos throw up a smokescreen to distract us from the very real and legitimate grievances at the heart of these protests.
And we can’t leave this moment thinking we can once again turn away and do nothing. We can’t.
The moment has come for our nation to deal with systemic racism. To deal with the growing economic inequality in our nation. And to deal with the denial of the promise of this nation — to so many.
I’ve said from the outset of this election that we are in a battle for the soul of this nation. Who we are. What we believe. And maybe most important — who we want to be.
It’s all at stake. That is truer today than ever. And it’s in this urgency we can find the path forward.
The history of this nation teaches us that it’s in some of our darkest moments of despair that we’ve made some of our greatest progress.
The 13th and 14th and 15th Amendments followed the Civil War. The greatest economy in the history of the world grew out of the Great Depression. The Civil Rights Act of 1964 and Voting Rights Act of 1965 came in the tracks of Bull Connor’s vicious dogs.
To paraphrase Reverend Barber — it’s in the mourning we find hope.
It will take more than talk. We’ve had talk before. We’ve had protests before.
Let us vow to make this, at last, an era of action to reverse systemic racism with long overdue and concrete changes.
That action will not be completed in the first 100 days of my Presidency — or even an entire term.
It is the work of a generation.
But if this agenda will take time to complete, it should not wait for the first 100 days of my Presidency to get started.
A down payment on what is long overdue should come now. Immediately.
I call on Congress to act this month on measures that would be a first step in this direction. Starting with real police reform.
Congressman Jeffries has a bill to outlaw choke holds. Congress should put it on President Trump’s desk in the next few days.
There are other measures: to stop transferring weapons of war to police forces, to improve oversight and accountability, to create a model use of force standard — that also should be made law this month.
No more excuses. No more delays.
If the Senate has time to confirm Trump’s unqualified judicial nominees who will run roughshod over our Constitution, it has time to pass legislation that will give true meaning to our Constitution’s promise of “equal protection of the laws.”
Looking ahead, in the first 100 days of my presidency, I have committed to creating a national police oversight commission.
I’ve long believed we need real community policing.
And we need each and every police department in the country to undertake a comprehensive review of their hiring, their training, and their de-escalation practices.
And the federal government should give them the tools and resources they need to implement reforms.
Most cops meet the highest standards of their profession. All the more reason that bad cops should be dealt with severely and swiftly. We all need to take a hard look at the culture that allows for these senseless tragedies to keep happening.
And we need to learn from the cities and precincts that are getting it right.
We know, though, that to have true justice in America, we need economic justice, too.
Here, too, there is much to be done.
As an immediate step, Congress should act to rectify racial inequities in the allocation of COVID-19 recovery funds.
I will be setting forth more of my agenda on economic justice and opportunity in the weeks and months ahead.
But it begins with health care. It should be a right not a privilege. The quickest route to universal coverage in this country is to expand Obamacare.
We could do it. We should do it.
But this president — even now — in the midst of a public health crisis with massive unemployment wants to destroy it.
He doesn’t care how many millions of Americans will be hurt— because he is consumed with his blinding ego when it comes to President Obama.
The President should withdraw his lawsuit to strike down Obamacare, and the Congress should prepare to act on my proposal to expand Obamacare to millions more.
These last few months we have seen America’s true heroes. The health care workers, the nurses, delivery truck drivers, grocery store workers.
We have a new phrase for them: Essential workers.
But we need to do more than praise them. We need to pay them.
Because if it wasn’t clear before, it’s clear now. This country wasn’t built by Wall Street bankers and CEOs. It was built by America’s great middle class — by our essential workers.
I know there is enormous fear and uncertainty and anger in the country. I understand.
And I know so many Americans are suffering. Suffering the loss of a loved one. Suffering economic hardships. Suffering under the weight of generation after generation after generation of hurt inflicted on people of color — and on black and Native communities in particular.
I know what it means to grieve. My losses are not the same as the losses felt by so many. But I know what it is to feel like you cannot go on.
I know what it means to have a black hole of grief sucking at your chest.
Just a few days ago marked the fifth anniversary of my son Beau’s passing from cancer. There are still moments when the pain is so great it feels no different from the day he died. But I also know that the best way to bear loss and pain is to turn all that anger and anguish to purpose.
And, Americans know what our purpose is as a nation. It has guided us from the very beginning.
It’s been reported. That on the day John F. Kennedy was assassinated, little Yolanda King came home from school in Atlanta and jumped in her father’s arms.
“Oh, Daddy,” she said, “now we will never get our freedom.”
Her daddy was reassuring, strong, and brave.
“Now don’t you worry, baby,” said Martin Luther King, Jr. “It’s going to be all right.”
Amid violence and fear, Dr. King persevered.
He was driven by his dream of a nation where “justice runs down like water and righteousness like a mighty stream.”
Then, in 1968 hate would cut him down in Memphis.
A few days before Dr. King was murdered, he gave a final Sunday sermon in Washington.
He told us that though the arc of a moral universe is long, it bends toward justice.
And we know we can bend it — because we have. We have to believe that still. That is our purpose. It’s been our purpose from the beginning.
To become the nation where all men and women are not only created equal — but treated equally.
To become the nation defined — in Dr. King’s words — not only by the absence of tension, but by the presence of justice.
Today in America it’s hard to keep faith that justice is at hand. I know that. You know that.
The pain is raw. The pain is real.
A president of the United States must be part of the solution, not the problem. But our president today is part of the problem.
When he tweeted the words “When the looting starts, the shooting starts” – those weren’t the words of a president. They were the words of a racist Miami police chief from the 1960s.
When he tweeted that protesters “would have been greeted with the most vicious dogs … that’s when people would have been really badly hurt.” Those weren’t the words of a president — those were the kind of words a Bull Connor would have used unleashing his dogs.
The American story is about action and reaction. That’s the way history works. We can’t be naïve about that.
I wish I could say this hate began with Donald Trump and will end with him. It didn’t and it won’t. American history isn’t a fairytale with a guaranteed happy ending.
The battle for the soul of this nation has been a constant push-and-pull for more than 240 years.
A tug of war between the American ideal that we are all created equal and the harsh reality that racism has long torn us apart. The honest truth is both elements are part of the American character.
At our best, the American ideal wins out.
It’s never a rout. It’s always a fight. And the battle is never finally won.
But we can’t ignore the truth that we are at our best when we open our hearts, not when we clench our fists. Donald Trump has turned our country into a battlefield riven by old resentments and fresh fears.
He thinks division helps him.
His narcissism has become more important than the nation’s well-being he leads.
I ask every American to look at where we are now, and think anew: Is this who we are? Is this who we want to be? Is this what we pass on to our kids’ and grandkids’ lives? Fear and finger-pointing rather than hope and the pursuit of happiness? Incompetence and anxiety? Self-absorption and selfishness?
Or do we want to be the America we know we can be. The America we know in our hearts we could be and should be.
Look, the presidency is a big job. Nobody will get everything right. And I won’t either.
But I promise you this. I won’t traffic in fear and division. I won’t fan the flames of hate.
I will seek to heal the racial wounds that have long plagued this country – not use them for political gain.
I’ll do my job and take responsibility. I won’t blame others. I’ll never forget that the job isn’t about me.
It’s about you.
And I’ll work to not only rebuild this nation. But to build it better than it was.
To build a better future. That’s what America does.
We build the future. It may in fact be the most American thing to do.
We hunger for liberty the way Harriet Tubman and Frederick Douglass did.
We thirst for the vote the way Susan B. Anthony and Ella Baker and John Lewis did. We strive to explore the stars, to cure disease, to make this imperfect Union as perfect as we can.
We may come up short — but at our best we try.
We are facing formidable enemies.
They include not only the coronavirus and its terrible impact on our lives and livelihoods, but also the selfishness and fear that have loomed over our national life for the last three years.
Defeating those enemies requires us to do our duty — and that duty includes remembering who we should be.
We should be the America of FDR and Eisenhower, of Rosa Parks and Martin Luther King Jr., of Jonas Salk and Neil Armstrong.
We should be the America that cherishes life and liberty and courage.
Above all, we should be the America that cherishes each other – each and every one.
We are a nation in pain, but we must not allow this pain to destroy us. We are a nation enraged, but we cannot allow our rage to consume us. We are a nation exhausted, but we will not allow our exhaustion to defeat us.
As President, it is my commitment to all of you to lead on these issues — to listen. Because I truly believe in my heart of hearts, that we can overcome. And when we stand together, finally, as One America, we will rise stronger than before.
So reach out to one another. Speak out for one another. And please, please take care of each other.
This is the United States of America. And there is nothing we can’t do. If we do it together.