WASHINGTON 鈥 Hawaii senators Brian Schatz and Mazie Hirono yearned for years gone by as they made their final pitch to block Amy Coney Barrett鈥檚 confirmation to the U.S. Supreme Court.

The speeches came hours before the Senate voted 52-48 to confirm Barrett as the nation’s newest member of the high court. She is the third person nominated by President Trump in his first term in office.

Schatz took to the Senate floor Monday just after 2 a.m. to eulogize what he and others have long described as the 鈥済reatest deliberative body in the world.鈥

U.S. Sen. Brian Schatz said the old way of doing business in the senate is long gone. CSPAN/2020

He said Republicans, led by Majority Leader Mitch McConnell, have all but buried that reputation by rushing to confirm Barrett in the midst of a presidential election in which millions of voters have already cast ballots.

Hawaii鈥檚 senior senator evoked the name of Merrick Garland, who was President Barack Obama鈥檚 nominee in March 2016 to replace Associate Justice Antonin Scalia, who had died the month before. McConnell and the Republicans in control of the Senate refused to even give Garland a hearing and instead said it should be up to the voters to decide the fate of the court in November.

鈥淭his is the most rank hypocrisy I鈥檝e ever seen in anything politically, and it鈥檚 one of the most important things that I鈥檝e ever seen,鈥 Schatz said. 鈥淎nd so it’s not a trivial thing that you held up Merrick Garland.鈥

鈥淲e’re just a little factory that approves federal judges and that鈥檚 how Mitch McConnell wants it.” 鈥 U.S. Sen. Brian Schatz

Schatz castigated his Republican counterparts who said they would support whoever President Donald Trump nominated to the Supreme Court to replace Associate Justice Ruth Bader Ginsberg. He said such tacit approval of a nominee 鈥渟ight unseen鈥 was an abdication of their duties as senators to vet a lifetime appointment to the highest court in the land.

鈥淚f you don鈥檛 believe in the importance of the legislative branch, don鈥檛 be a legislator,鈥 Schatz said.

The frustration in Schatz鈥檚 voice carried over into his hands as he occasionally struck the podium. He began his speech by reading off the names of people who had died during the COVID-19 pandemic, and later pointed out that McConnell was blocking legislation to provide more economic relief to Americans struggling to stay afloat.

“We’re not the world’s greatest deliberative body,鈥 Schatz said. 鈥淲e’re just a little factory that approves federal judges and that鈥檚 how Mitch McConnell wants it.鈥

In her opposition to Barrett, Hirono evoked the legacy of Patsy Mink, the late U.S. representative from Hawaii who in 1964 became the ever elected to Congress.

In 1970, when then President Richard Nixon, nominated a southern judge, G. Harrold Carswell, to the U.S. Supreme Court, Mink before the Senate Judiciary Committee, telling the panel in no uncertain terms that 鈥渉is appointment constitutes an affront to the women of America.鈥

Amy Coney Barrett, seen here not wearing a mask during her confirmation hearing, is President Donald Trump’s third nominee to the U.S. Supreme Court. CSPAN/2020

Hirono recounted how Mink鈥檚 testimony focused on the case of Ida Phillips, a woman who was denied a factory job because she was the mother of preschool aged children.

Although no such rule applied to fathers with young children, Carswell and his 10 colleagues on the Fifth U.S. Circuit Court of Appeals refused to hear Phillips鈥 case.

Mink told the Judiciary Committee that Carswell 鈥渄emonstrated a total lack of understanding of the concept of equality鈥 and that his vote on the Supreme Court 鈥渞epresented a vote against the right of women to be treated equally and fairly under the law.鈥

When Marlow Cook, a Republican senator from Kentucky, came to Carswell鈥檚 defense by pointing out 10 other judges also refused to hear the case, Mink responded by telling him that 鈥渢he other nine others are not up for appointment to the Supreme Court.鈥

鈥淧atsy understood the critical role the Supreme Court plays in the lives of every American,鈥 Hirono said. 鈥淪he pointed out to the committee that 鈥榯he Supreme Court is the final guardian of our human rights. We must rely totally upon its membership to sustain the basic values of our society.鈥欌

Mink鈥檚 testimony helped sink Carswell鈥檚 nomination and ultimately paved the way for Nixon to appoint Harry Blackmun, who later would write the landmark decision in Roe v. Wade, which legalized abortion.

Hirono said the example of Mink, Carswell and Blackmun underscores how a single vote on the Supreme Court can make a difference.

鈥淥ur nation finds itself at a similar judicial crossroads today as we debate whether Judge Amy Coney Barrett should replace Justice Ruth Bader Ginsburg on the Supreme Court,鈥 Hirono said.

鈥淲e can choose to protect equality for women, health care for millions, and other 鈥榖asic values of our society.鈥 Or, we can choose a justice selected to do precisely the opposite: strike down the Affordable Care Act, overturn Roe v. Wade and continue to decide cases like her conservative mentor Justice Antonin Scalia.鈥

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