This article contains news with liberal commentary.
It’s too soon to play a requiem mass for Trump’s pending Supreme Court nomination, but with 3 GOP members of the Senate Judiciary Committee now Covid-19 positive, the situation is getting interesting.
It’s more complicated than just saying that with a 12-10 partisan split on the 22-member committee, losing 3 GOP senators’ votes means the Democrats can defeat the nomination in committee by a 10-9 vote. They can’t, it doesn’t work that way, so you have to consider factors like quorums, boycotts, virtual hearings, pro forma session, and so on. Besides, these guys are only in quarantine, not in hospitals. They could be uncaged again in 10 days. And no, I’m not hoping they get sick, and you shouldn’t either. That’s uncivilized.
The complications (of Senate procedures, not Covid-19, although some people will see little difference) are explained here.
The GOP having 3 sick senators on their hands is more likely to slow the process than drive a wooden stake through the nomination. But consider: What if they lose the White House and Senate in the election, and then a party rejected at the ballot box rams through a controversial nomination in the lame duck session?
It’s constitutional. They can do it. But it would infuriate Democrats even more, and might make the public a lot more sympathetic to the court-packing and/or term limits schemes already being floated. It also would make Republicans look power-hungry, which they are, and deter swing voters from voting for them in the future, because in general Americans don’t like anyone having too much power, and power-hungry politicians make them nervous.
What’s more, Covid-19’s work may not be done. As CNN pointed out (in the link above), “Unlike Democratic senators, Senate Republicans meet three times a week for lunch. And while they sit in a large room, they remove their masks to eat and to speak. Johnson, Lee and Tillis [the three positive-testing senators] all attended Senate GOP lunches this week.” Not much of a mystery how they got it.
Don’t forget that right now in the nation’s capital Covid-19 is a Republican disease. It’s not that Democrats are immune; they’re not stupid like Republicans. They take precautions, Republicans don’t, and if Covid-19 keeps picking off GOP senators, especially those on the Judiciary Committee, the Barrett nomination could become another Covid-19 casualty.
Picture: Artist’s impression of a Republican senator returning to Washington D.C. for confirmation hearings.
Barratt is going to be on the court. There is no requirement that the committee even interview the candidate. The first time there were interview is because the nominee was Jewish. All that has to happen is the committee votes, and the Chair of the committee is able to talk to the Senate Majority leader to send out the Senate Sergeant at Arms to three Senators and get them to the meeting room. And then later to vote on the Senate floor.
The candidate is a good candidate. If the Republicans have the political will she will be on the court before the election or shortly there after. She is a decent enough choice that Democrats should have no problem voting yes. The wording of the Constitution is to advise and consent which goes back to England. Good candidates should get the thumbs up from most Senators of both parties, and this is a good candidate. Which means the Democrats in the Senate are as power hungry as the Republicans and only pay lip service to concepts like bipartisanship.
This is more theatre than reality. There will likely be hearings shortly starting on the 12th. With or without the three Republicans. The Democrats an delay things, but may get a lot of egg on their face in opposing this candidate, who will end up on the court unless there is a large asteroid arriving soon on Earth.