In COVID-19, Senate Democrats see a chance
The latest excuse to block Judge Amy Coney Barrett
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The people who accused Supreme Court Justice Brett Kavanaugh of being a teenage gang rapist are trying something new in their fight to jam up the confirmation of Judge Amy Coney Barrett.
Senate Minority Leader Chuck Schumer of New York and Sen. Dianne Feinstein of California (the ranking Democrat on the Senate Judiciary Committee) said this weekend that Barrett’s confirmation must be postponed indefinitely in light of the surge of coronavirus cases in the nation’s capital. Also, the Democratic lawmakers said, the Senate must not meet remotely to advance the matter.
Their misgivings would be more believable were the ploy not so obvious.
The demand by Senate Democrats comes shortly after Republican Sen. Mike Lee of Utah, who also sits on the Senate Judiciary Committee, tested positive for the virus.
“It is premature for Chairman Graham to commit to a hearing schedule when we do not know the full extent of potential exposure stemming from the president’s infection and before the White House puts in place a contact tracing plan to prevent further spread of the disease,” Schumer and Feinstein said in a joint statement made available to media.
It adds, “The unfortunate news about the infection of our colleague Senator Mike Lee makes even more clear that health and safety must guide the schedule for all Senate activities, including hearings.”
If they had left it at just that, then maybe (maybe!) their concerns would appear genuine. But the joint statement continues, revealing it is just a cynical scheme meant to block Republicans from seating another judge on the Supreme Court.
“In addition,” the Democratic senators say, “there is bipartisan agreement that a virtual confirmation hearing for a lifetime appointment to the federal bench is not an acceptable substitute.”
Ah, there it is. There is the tell. Saying that remote meetings must be off the table is the part where Schumer and Feinstein let the mask slip.
In May, Democratic Sens. Amy Klobuchar of Minnesota and Mazie Hirono of Hawaii and Republican Sens. Thom Tillis of North Carolina and Marsha Blackburn of Tennessee appeared remotely for a confirmation hearing for the D.C. Circuit, where Judge Justin Walker testified in person.
That same month, Democratic Sens. Sheldon Whitehouse of Rhode Island, Cory Booker of New Jersey, and Hirono and Republican Marsha Blackburn participated remotely in Judge Cory Wilson's confirmation hearing for the 5th Circuit. Like Walker, Wilson testified in person.
In June, Republican Sen. Pat Toomey of Pennsylvania and Democratic Sen. Bob Casey of Pennsylvania remotely introduced a district court nominee. The five district court nominees who participated in the hearing testified remotely.
There are additional examples, but you get the picture. Feinstein and Schumer’s assertion that there is a “bipartisan agreement” that the Senate should not meet remotely for the confirmation of “a lifetime appointment to the federal bench” is completely disingenuous, especially when you consider senators have been meeting remotely to confirm federal judges since the pandemic came to America. Also, it is pretty telling that Feinstein and Schumer decline to mention who is part of this alleged "bipartisan agreement."
The joint statement is a ruse. Their objections this weekend to Barrett’s confirmation have nothing to do with public health and everything to do with the fact that Trump stands poised to put a third justice on the Supreme Court.
But Schumer and Feinstein’s obvious exercise in partisan chicanery marches on nevertheless, trying its best to come across as genuine and well-intentioned.
“All circuit court nominees have appeared in person during the pandemic, and there is far more at stake for the American people with this Supreme Court nomination, including the Affordable Care Act being struck down and more than 7 million COVID survivors being denied health coverage,” it reads.
It adds, “It’s critical that Chairman Graham put the health of senators, the nominee, and staff first — and ensure a full and fair hearing that is not rushed, not truncated, and not virtual. Otherwise, this already illegitimate process will become a dangerous one.”
Barrett contracted and recovered from COVID-19 this summer. Now what?
This is not a serious ask by Feinstein and Schumer. This is merely their latest manipulative, non-legal reason for why the White House and the Republican-controlled Senate should not fill the Supreme Court vacancy left by the death of Ruth Bader Ginsburg.
Democrats claimed first that the seat should remain vacant until after the 2020 election so that “the people” may choose the next justice. That is not how it works. Then, after Trump announced Barrett as the nominee, Democrats declared the appointment “illegitimate.” There is no legal argument that supports this position. Democrats also say Barrett’s nomination is being rushed. Not true, considering the history of court nominations. They also said no one should be appointed to the seat until after the election because that is apparently what Ginsburg would have wanted. That is most certainly not how this works. Now, Senate Democrats say the hearing must be postponed, with no possibility of remote meetings, because it is simply too dangerous what with the coronavirus.
By the time all is said and done, Democrats will produce at least three more reasons for why the Barrett nomination should not go forward, each excuse being dumber and more disingenuous than the last.