Senate Democrats seized on the White House coronavirus outbreak in a bid to delay the confirmation of Supreme Court nominee Judge Amy Coney Barrett but the GOP majority won’t slow down, even with three Republican senators testing positive.
Across the street, the high court opens its new term Monday with eight justices on the bench, underscoring the high stakes of the confirmation battle.
“If it’s not safe for the Senate to meet in session, it’s not safe for the hearings to go forward,” Senate Minority Leader Charles E. Schumer, New York Democrat, said Sunday.
Democrats previously lauded steps to carry on despite the pandemic, such as conducting virtual hearings and the Democratic-run House adopting unprecedented rules to allow proxy voting on legislation.
Senate Majority Leader Mitch McConnell signaled that the positive COVID-19 tests for the senators — including two on the Judiciary Committee — won’t slow down the confirmation process that is on track for a final vote by end of the month.
Republicans have the votes to move forward with the President Trump’s nominee quickly to fill the seat left vacant by Justice Ruth Bader Ginsburg’s death. Confirmation hearings begin Oct. 12, though with the Senate postponed legislative work until at least Oct. 19 because of the outbreak.
“Once the nominee comes out of the Judiciary Committee, we will move forward to take the nomination up,” Mr. McConnell said Friday in Kentucky, his home state.
Under the current schedule, the nomination could go to the full Senate in as soon as three weeks.
Judge Barrett’s confirmation will mark a stark shift to the right for the Supreme Court by giving it a 6-3 conservative majority.
Mr. Schumer has also demanded that Judge Barrett, after attending the White House event announcing her nomination where several people later tested positive, should be tested too and engage in contact tracing per guidelines by the Centers for Disease Control and Prevention. During the last week, Judge Barrett met with more than two dozen GOP senators on Capitol Hill who could now be subject to testing under the guidelines.
Judd Deere, a spokesman for the White House, told The Washington Times that Judge Barrett is tested daily for COVID-19 and has been negative.
“She is following CDC guidance and best practices, including social distancing, wearing face coverings, and frequently washes hands,” Mr. Deere said.
Senate Judiciary Committee Chairman Lindsey Graham, South Carolina Republican, said he will permit virtual participation from the senators during the hearings. And for full Senate legislative work, the lawmakers will be given a 24-hour notice for any votes that come up before Oct. 19.
The decision to postpone the work schedule for the Senate — but not committees — comes after Sens. Mike Lee of Utah, Tom Tillis of North Carolina and Ron Johnson of Wisconsin all tested positive for the coronavirus over the weekend.
Mr. Lee and Mr. Tillis are among the 12 Republican members on the Judiciary Committee that conducts Supreme Court confirmation hearings.
All three attended the Senate Republican’s weekly lunches, sparking fear of more positive diagnosis in the GOP conference.
Sen. James Lankford, Oklahoma Republican, has not tested positive but will be quarantining after meeting with Mr. Lee several times throughout the week. He’s not on the Judiciary committee.
Senate Democrats have accused the Republican majority of moving too quickly to fill the Supreme Court vacancy, saying the president who wins Nov. 3 should appoint the new justice.
They’ve also accused Republicans of wanting a conservative jurist on the court as the justices will weigh a case concerning the Affordable Care Act’s individual mandate Nov. 10. The Democrats assume Judge Barrett would strike down the health care law.
As the eight justices gavel back in session Monday without their senior colleague for the first time in decades, the first cases they’ll be considering involve a challenge to part of Delaware’s state constitution requiring judges to be either Republican or Democrats and another dispute between New Mexico and Texas over the Pecos River Compact.
Other notable cases coming before the court ahead of the Thanksgiving holiday involves a challenge over copyright law between Google and Oracle, and a case involving a bar on Catholic Social Services from providing adoption services due to its refusal to place foster children with same-sex couples.
• Gabriella Muñoz contributed to this report.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
Please read our comment policy before commenting.