Senate Judiciary Republicans set a vote on Amy Coney Barrett on October 22 at 1 pm, per Lindsey Graham's motion. Nothing unusual about the one week holdover, it's typical and has also been telegraphed by the majority since before this hearing began.
Senate Judiciary Democrats launch some protest motions as Republicans advance the Barrett nomination. Durbin tries to adjourn the committee. Blumenthal seeks to postpone. Klobuchar calls it a "sham" and wants the Garland election-winner standard. Graham is unmoved.
Feinstein says Barrett nomination is "being done, I guess, to show power and push someone through," warns it'll create "bad will that doesn't need to be created."
Graham responds by saying Dems abolishing the filibuster for lower court noms (not SCOTUS) in 2013 led to this.
Durbin that when it comes to Supreme Court nominations, he has witnessed "a denigration of the process to the point where it's almost useless."
Dick Durbin on Amy Coney Barrett: "I would be afraid to ask her about the presence of gravity on earth. She may decline to answer because it could come up in a case!"
Chris Coons predicts that if Barrett is sent to the Supreme Court, "I believe she will open a new chapter of conservative judicial activism unlike anything we've seen in decades."
Interesting set of remarks from Senate Judiciary Cmte Democrats that serve as a backdrop to the question of what, if anything, they'll do if they gain power. (Anyone who confidently predicts the answer is making stuff up; highly uncertain, many variables.)
"I recognize, Mr. Chairman, that this goose is pretty much cooked," Cory Booker says of the Barrett nomination.
Graham and Booker share a positive moment talking First Step Act. Democrats sound annoyed about the Barrett process but aren't issuing threats and don't seem to want to get overly personal with the Republicans.
Cory Booker: “I don't know if anybody heard but I ran for president last year.” He quips that Lindsey Graham also ran for president and lost. “Way behind what you were able to do,” Graham tells him.
Sheldon Whitehouse to Republicans: "Don't think that when you have established the rule of 'because we can' that, should the shoe be on the other foot, that you will have any credibility to come to us and say, yeah I know you *can* do that but you *shouldn't* because of XYZ."
Sheldon Whitehouse (cont'd): "Your credibility to make that argument in the future will die in this room and on that Senate floor if you continue to proceed in this way."
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President Trump said tonight he will "strongly" protect people with preexisting conditions. He does not have a plan to do this and didn't describe one tonight.
GUTHRIE: In point of fact, your administration is about to go to the Supreme Court to argue to throw out the rest of Obamacare.
TRUMP: That's right.
GUTHRIE: Which includes the protections for preexisting conditions.
TRUMP: That's right. That's right.
Trump: "In order to replace it with a much better health care at a much lower price and always, under all circumstances, we ... will protect people with preexisting conditions."
First few questions for Joe Biden are about Covid. He says he’d follow the science and doesn’t see a need to re-lock down the economy. On a vaccine, he says he won’t trust Trump because he says “crazy stuff” and that scientists don’t expect one imminently.
Second topic for Biden is taxes: He promises to preserve the Trump tax cuts for the middle class but to repeal the bulk of them that went to upper earners, even if the economy remains bad, so he can reinvest the money for relief and jobs.
Day 3 is underway (please mute this thread if you don't want regular updates!). @LindseyGrahamSC opens by rebutting this remark from @KamalaHarris yesterday accusing Barrett of being less forthcoming than RBG was.
"Obamacare is on the ballot," Lindsey Graham says, lamenting that Democrats are making the Supreme Court hearing more about ACA than ACB.
"The presumption is always in favor of severability," Amy Coney Barrett says, discussing the issue at the heart of the anti-ACA case. "It's a question of your intent."
Asked if judges try to preserve a statute to the extent possible, Barrett says: "That is true."
NEW: Trump's words haunt Amy Coney Barrett as she vows not to be a 'pawn' on Supreme Court
Tension at this hearing is between a nominee who insists she'd be an independent judge and a president who has linked his court picks to particular policy outcomes. nbcnews.com/politics/supre…
Trump and/or GOP platform have pointedly said his Supreme Court appointments would stand against Obamacare, abortion and same-sex marriage. Confronted with this, Barrett repeatedly pledged her independence and declined to comment on the president's tweets. nbcnews.com/politics/supre…
"I am my own person," Amy Coney Barrett says. "I'm independent under Article III. I don't take orders from the executive branch or the legislative branch."
SCOTUS hearings Day 2 is underway: Lindsey Graham opens by calling Obamacare a "disaster" for South Carolina. He says they don't want Obamacare, they want "South Carolinacare."
Lindsey Graham makes his continued opposition to the ACA explicit at the outset. "We on this side do not believe Obamacare is the best way to provide quality health care."
Amy Coney Barrett on originalism: "That means that I interpret the Constitution as a law... I understand it to have the meaning that it had at the time people ratified it. That meaning doesn't change over time and it's not up to me to update it or infuse my policy views into it."
Mitch McConnell defends the Senate’s response to the coronavirus, blames Pelosi for the failure of a post-CARES deal: “I know how to make deals. I made three major deals with Joe Biden during the Obama era,” he says.
In Kentucky, Mitch McConnell says Obamacare is safe while defending Amy Coney Barrett: “No one believes the Supreme Court is going to strike down the Affordable Care Act.”
Amy McGrath doesn’t say if she favors expanding the Supreme Court.