Motion to Discharge

Floor Speech

BREAK IN TRANSCRIPT

Mr. LEE. Mr. President, this always happens near the kick-the-can funding deadlines that we are now approaching. There is controversy surrounding what will and what will not make it into the continuing resolution; that is, the legislation funding the government for a finite period of time upon the expiration of a spending period.

In the House of Representatives, the debate and controversy continued late into last night, and may well still continue later today.

Here in the Senate, there are a number of Senators, including me, who are not inclined to give consent to expedite a funding measure that supports and funds President Biden's unconstitutional and sweeping vaccine mandate without holding a vote on that mandate and whether we should fund that part of government charged with enforcing it.

Now, to be very clear about all of this, Senator Schumer, as the majority leader, could have done this without our help if he had started this process weeks ago or even days ago. He could have held votes and passed this resolution without needing to ask for the help of those of us who feel this way, who are not inclined to help him do it.

Senator Schumer is in a bind, due to his own delay and his own denial. He is asking all of us to help him.

Now, I have offered a very simple solution, a very reasonable solution. I am not asking that a poison pill or a pet project be included, no. I am not asking for dramatic reforms or draconian cuts. Far from it. I just want to vote on one amendment. I want the Members of this body to go on record on whether they support funding--in this bill--President Biden's vaccine mandate.

The American people have a right to know, through our votes, where we stand and where we stand in connection with this bill, on a germane amendment--one that pertains to that, a simple up or down, yes or no-- simple majority vote. That is all I am asking.

Let me first explain a little bit about the recent history of this situation. While those involved in this effort have been accused by many in elected office and in the press of brinksmanship, we have been nothing but consistent and clear and open about our position for weeks now--in fact, for a month.

On November 3, a group of Senators--15 of us, in fact--declared our intentions, sending this letter to Senator Schumer. And in this letter, we made very clear that we will ``not support--and will use all means at our disposal to oppose--legislation that funds or in any way allows the enforcement of President Biden's employer vaccine mandate.''

Now, 15 Senators have signed this letter. And there it is right there in black and white--the words that I just read in that letter from a month ago. The letter--again, written back at the beginning of November--specifically mentions this funding deadline--the one we are now approaching; the one that is hitting us tomorrow night--as one for Senator Schumer and our colleagues to be aware of that we made our intentions clear. We did so out of courtesy to the majority leader and to those we represent: to the American people, those who will be affected by these matters.

And now, as a matter of political convenience, he and others are saying ``their unwillingness to come to the table,'' which is the reason we are now approaching the deadline without an agreement, somehow amounts to an act of brinksmanship on our part.

That portrayal is disingenuous, and it is wrong. After running out the clock, knowingly, deliberately not coming to the table to negotiate, and ignoring our clear, public position, Senator Schumer is now accusing us of wanting to shut down the government because we refuse to help him cram through a bill that we have already explicitly stated we are against. We are providing every opportunity to avoid a shutdown, and all we ask for is a simple up-or-down vote.

Now, I stand by the commitment I made not to support or grant consent to pass or expedite a measure that funds, supports, or allows for the enforcement of the President's vaccine mandates.

Now, it is true that the U.S. Court of Appeals for the Fifth Circuit has issued an order halting enforcement of the OSHA mandate, and that OSHA has temporarily halted the enforcement of that particular mandate. That does not in any way remove our obligation here in Congress to protect our Constitutional role and to prevent unconstitutional measures, laws, and regulations from afflicting the American people.

We still don't know the final outcome of that litigation. In any event, we have an independent responsibility--constitutionally and morally--to make sure that what we do here has our oversight and that we don't spend money on things that most Americans find abhorrent.

Each of us did, in fact, swear an oath to the Constitution, and the Constitution does not grant the Federal Government the authority to implement a mandate of this sort. It just doesn't. You can search it; you will not find that authority. The Constitution certainly does not grant the President of the United States the authority to implement such a mandate without the explicit authorization of the people's elected lawmakers in Congress.

Make no mistake, this mandate is not only immoral; it is also unconstitutional. For that reason alone, I must oppose it.

But the harms certainly don't stop with the damage that is being done to our constitutional order. Millions of Americans are at risk of losing their jobs due to this mandate. While court orders are offering at least a temporary protection, these Americans are still anxiously awaiting lasting protection from Congress, and currently could receive at a moment's notice the final ultimatum to be vaccinated or lose their jobs.

In fact, in fear of the huge fines that the Biden administration is threatening against businesses that don't comply once the mandate is enforced, many companies are already imposing these requirements on their workers.

Countless businesses and hundreds of Utahns who are at risk of closure or dismissal have reached out to me. Their stories are heart- wrenching. These are good people. They are our friends and our neighbors. They are neighborhood businesses and American manufacturers, mothers and fathers trying to get by in increasingly difficult economic times. There are millions of them across the country. Over half a million workers in Utah alone are at risk of unemployment due to this mandate.

As I have said each time I have spoken on this, I am not against the vaccine. In fact, I have gotten the vaccine. My family has gotten the vaccine. I have encouraged people to get the vaccine. I am against the mandate.

I recognize that these vaccines are protecting Americans from the harms of COVID-19, and that the government has no business, no authority, and no justification to make millions of Americans second- class, unemployable pariahs. Even if the Federal Government did have that authority, which it doesn't, the President of the United States could not exercise it unilaterally, not without an act of Congress.

Our economic condition is increasingly dire. Inflation is becoming long-lasting. The supply chain crisis has shown the prime value of American workers. You know, I can't think of a worse time to kick them to the curb.

I want to be very clear: I don't want to shut down the government. The only thing I want to shut down is Congress's funding enforcement of an immoral, unconstitutional vaccine mandate. However, if the choice is between temporarily suspending nonessential functions on the one hand and on the other hand standing idle, as up to 45 million Americans lose their jobs, their livelihoods, and their ability to work, I will stand with American workers every time. That is not a closed question.

I stand with American workers throughout Utah and across America. I stand with moms and dads needing gifts and paychecks before the holidays.

I stand by what I and others committed to as our word, that word given a month ago without response. I won't support a continuing resolution that funds President Biden's grievous, immoral, unconstitutional vaccine mandate, and I just want to vote on it in connection with this spending bill. All I am asking for is a vote. It would take 15 minutes. We could do it right now, in fact.

If Senator Schumer wants to avoid this vote so badly that he will shut down the government rather than hold it, he should explain why. We can fix this situation right now. Let's hold a vote. Let's hold it right now.

BREAK IN TRANSCRIPT

Source