A partisan battle is exploding in Congress over the confirmation timeline for Judge Amy Coney Barrett now that a trio of senators and President Trump have contracted the coronavirus.
Senate Democrats, who want to block a preelection vote that would likely put Barrett on the Supreme Court, are now stepping up calls for rigorous coronavirus testing as a precondition for holding confirmation hearings beginning Oct. 12.
Senate Minority Leader Chuck Schumer, a New York Democrat, said Judiciary Committee Chairman Lindsey Graham must implement strict, independent coronavirus testing every day of the hearing.
“Every Senator and relevant staff must have negative tests on two consecutive days and have completed the appropriate quarantining period, and there should be mandatory testing every day of the hearing,” Schumer demanded in a statement Monday. “Testing must be administered by an independent entity, such as the Attending Physician of the United States Congress. Failure to implement a thorough testing approach would be intentionally reckless, and could reasonably lead some wonder if Chairman Graham and Leader McConnell may not want to know the results because it could delay this already illegitimate process.”
Democrats and Republicans have been at odds over the Barrett nomination since Trump announced it in the Rose Garden more than one week ago.
Democrats accuse Trump of holding a “super spreader” event that day. Two Republican Senators in attendance, Republicans Mike Lee of Utah and Thom Tillis of North Carolina contracted coronavirus days later, as did Trump and several others at the event. A third senator who was not at the event, Republican Ron Johnson of Wisconsin, is also infected with coronavirus.
Lee and Tillis are both on the Judiciary Committee.
Senate Majority Leader Mitch McConnell, a Kentucky Republican, and Graham said they plan to stick to the Oct. 12 schedule for the hearing and an Oct. 22 committee vote to advance the nominee to the floor.
Senate rules allow hearings to include virtual attendance by senators as well as proxy voting, Republicans said.
“Since May, the Judiciary Committee has operated flawlessly through a hybrid method that has seen some Senators appear physically at its hearings while other members have participated virtually,” McConnell said. “The Committee has utilized this format successfully for many months while protecting the health and safety of all involved. Certainly, all Republican members of the committee will participate in these important hearings.”
The rules do not allow Senate floor votes by proxy, which means lawmakers must vote in person. McConnell said he’ll move to adjourn the Senate for two weeks, which would provide enough time for the three stricken lawmakers to recover.
The move requires an agreement with Schumer, and the two will likely engage in a heated exchange on the Senate floor Monday when McConnell asks for Schumer’s consent.
Democrats are looking for an opening to delay Barrett’s nomination until after the election when a possible Democratic takeover of the White House and Senate would complicate or even derail her confirmation.
Democrats believe Barrett should not be confirmed in such close proximity to the Nov. 3 election and they oppose her nomination, arguing she will vote to overturn legalized abortion and Obamacare.
Schumer, on Monday, called on Graham, who is fighting for reelection, to “halt this already illegitimate nomination process.”
Barrett, who stood next to Trump in the Rose Garden, has since tested negative for coronavirus. She announced she had recovered from a coronavirus infection last summer.
