The explosive confirmation hearing for Clarence Thomas in the fall of 1991 set the table for the Kavanaugh experience. The hyper-combustible Kavanaugh confirmation process propelled the confirmation hearings into the stratosphere
2) That in turn sets the tables for hearings for Supreme Court nominee Amy Coney Barrett. Days before an election. The High Court is poised to swing well to the conservative side of the ledger.
3) The controversy of a breakneck confirmation process, augmented by how Senate Republicans dissed President Obama’s pick for the Supreme Court in 2016, Merrick Garland.
4) The words “confirmation hearing” are nowhere in the U.S. Constitution.
Article II, Section 2 of the Constitution says the President has the power to nominate Supreme Court Justices. The Senate then provides “Advice and Consent.”
5) There’s nothing about individual meetings with senators. Stacks of paperwork. FBI background checks. Just the Senate to vote, up or down. Yea or nay.
6) Supreme Court confirmation hearings never existed until 1916. The Senate heard from witnesses both for and against Justice Louis Brandeis. Brandeis didn’t attend the hearing.
7) No Supreme Court nominee ever talked with senators about their confirmation until Justice Harlan Fiske Stone did so in 1925. There were questions about Stone’s ties to Wall Street.
8) Felix Frankfurter was the first justice to attend their own confirmation hearing in 1939. Frankfurter attended – but did not speak.
The current model for modern confirmation hearings came in 1955 for Justice John Marshall Harlan.
9) But TV – and controversy – presented an altogether different factor for confirmation hearings. Such was the case with the 1991 hearings for Supreme Court Justice Clarence Thomas. An epic battle as law professor Anita Hill lodged sexual harassment charges against Thomas.
10) This was really the first time the nation wrestled with the idea of sexual harassment in the workplace. There was discussion of porn stars and private parts as TV networks took the hearings live – through the weekend!
11) CBS even debated whether to stick with the hearings or show the baseball playoffs one night. And none of the white male senators looked good – especially up against an African American man and an African American woman.
12) Thomas declared that the hearing was “a high-tech lynching.” The chair of the hearings? Joe Biden, then a senator from Delaware.
13) The Kavanaugh hearings weren’t much better. Women lining the walkways of the Hart Senate Office Building, dressed as though they just came from wardrobe in The Handmaid’s Tale.
14) These hearings are made for television. They contain drama. Verbal broadsides. Soliloquies. In both the Thomas and Kavanaugh confirmation processes, everyone thought the hearings were over.
15) And then, like any gripping movie or book, a late plot twist emerged: accusations from Hill and Ford.
One can only anticipate what to expect in Barrett’s hearings in such a supercharged atmosphere in the age of coronavirus.
16) But sometimes on Capitol Hill, when things are so amped up, senators actually dial it down a notch. Sometimes a hearing like this can plod along. Especially if it’s partially virtual. It’s a paradox, to be sure.
17) One thing for sure: everyone will be watching. And these hearings could present a final, galvanizing moment, before the election.
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A) 2020 election tactics are on display at Barrett's confirmation hearing.
B) Senate Republicans are repeatedly blasting Democrats for attacking Barrett’s faith. This stems from questions and reservations Democrats posed to Barrett when she was nominated for the 7th Circuit Court of Appeals in 2017.
C) Sen. Dianne Feinstein (D-CA), the top Democrat on the Judiciary Committee proclaimed “the dogma lives loudly within you” at the 2017 hearing.
1) The presence of a “quroum” is usually not an issue for Senate committees or the Senate itself to conduct business.
2) But issues of whether or not the Judiciary Committee has the presence of more than half of its members to constitute a quorum could impact how quickly the Senate can move the nomination of Amy Coney Barrett for the Supreme Court.
3) Moreover, the physical presence of senators is required on the Senate floor itself to vote. Senators cannot vote remotely unlike the House of Representatives. The House set up a remote voting regimen to cope with the pandemic in the spring.
1) GOP LA Sen Kennedy works in references to movies Star Wars, Rosemary’s Baby, The Blues Brothers and O Brother, Where Art Thou? in opening statement at Barrett hearing, all homages to American cinema
2) Kennedy starts with a reference to the song “The Big Rock Candy Mountains” which was featured in “O Brother, Where Art Thou.” Kennedy says the confirmation process isn’t supposed to be “The Big Rock Candy Mountains.”
3) That’s a song about a Xanadu on Earth “where handouts grow on bushes” and “streams of alcohol come trickling down the rocks.”
1) One dominating factor could delay the confirmation of Amy Coney Barrett for the Supreme Court: coronavirus.
2) 3 senators – 2 of whom are mbrs of the Judiciary Cmte – tested positive. Some senators will attend Barrett’s confirmation hrngs in person next wk. Some will beam in. But there is no requirement for senators to be there to actually pose questions to the nominee
3) But, lingering quarantines or additional positive cases could pose problems for a speedy confirmation of Barrett. The first issue comes in the Judiciary Committee itself.
A) User’s Manual to Pelosi’s Bill on the 25th Amendment And a President’s Fitness for Office
B) House Speaker Nancy Pelosi (D-CA) and Rep. Jamie Raskin (D-MD) today introduced a bill which could modify conditions under which a President is sidelined from office if he or she is judged to be unfit.
C) The U.S. ratified the 25th Amendment to the Constitution in 1967 to address this issue.
A) Judiciary Cmte mbrs Leahy/Booker/Harris write to Graham. Don't want Barrett to proceed unless they impose testing procedures. Say "don’t risk the health and safety of fellow Senators, Senate staff, other Senate employees, as well as Judge Barrett and her family.
B) Leahy/Booker/Harris to Graham: Without these precautionary measures in place, Senators, Senate staff, press, Judge Barrett and her family will face a serious, unnecessary risk of contracting COVID-19.
C) Leahy/Booker/Harris to Graham: Absent these protocols, you are ignoring CDC best practices and may force Senators to participate in this hearing remotely which, for such a consequential hearing, would be entirely unprecedented.