Democrats warn Supreme Court confirmation would endanger senators' health, call for delay

Democrats on the Senate Judiciary Committee are warning Chairman Lindsey GrahamLindsey Olin GrahamNY Democrat tests positive for COVID-19 in latest House breakthrough case What's at stake — and in play — for the midterms Florida Democrat becomes latest breakthrough COVID-19 case in House MORE (R-S.C.) that he is putting his colleagues’ health in jeopardy by moving ahead with Supreme Court confirmation hearings, which are scheduled to start Oct. 12.

All ten Democrats on the Senate Judiciary panel are calling on Graham to delay confirmation proceedings for Supreme Court nominee Amy Coney BarrettAmy Coney BarrettBarrett: Supreme Court 'not comprised of a bunch of partisan hacks' To infinity and beyond: What will it take to create a diverse and representative judiciary? Merriam-Webster's partisanship is showing – again – with its latest definition MORE after two Republicans on the committee, Sens. Mike LeeMichael (Mike) Shumway LeeEconomy adds just 235K jobs in August as delta hammers growth Lawmakers flooded with calls for help on Afghanistan exit Afghanistan fiasco proves we didn't leave soon enough MORE (R-Utah) and Thom TillisThomas (Thom) Roland TillisWithout major changes, more Americans could be victims of online crime How to fix the semiconductor chip shortage (it's more than manufacturing) The 19 GOP senators who voted for the T infrastructure bill MORE (R-N.C.), tested positive for COVID-19.

Other Republican members of the committee were present at a White House Rose Garden event on Saturday, Sept. 26, when President TrumpDonald TrumpBiden stumps for Newsom on eve of recall: 'The eyes of the nation are on California' On The Money: House Democrats cut back Biden tax hikes Abortion providers warn of 'chaos' if Supreme Court overrules Roe v Wade MORE announced Barrett's nomination. 

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“To proceed at this juncture with a hearing to consider Judge Barrett’s nomination to the Supreme Court threatens the health and safety of all those who are called upon to do the work of this body,” Sen. Dianne FeinsteinDianne Emiel FeinsteinFormer California senator prods Feinstein to consider retirement Lobbying world Why the pro-choice movement must go on the offensive MORE (Calif.), the top-ranking Democrat on Judiciary, and nine other Democrats, wrote in a letter to Graham Saturday.

The senators noted that “two members of this committee have already contracted COVID-19” and several other senators were “in close proximity” to them in recent days.

“As you aware, the CDC has advised that individuals ‘[s]tay home for 14 days after last contact with a person who has COVID-19,’ even if those individuals ‘test negative for COVID-19 or feel healthy,’” the Democrats wrote.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSchumer points to debt incurred under Trump to highlight need for bipartisan action The Hill's 12:30 Report - Presented by Facebook - Man with machete, swastika outside DNC HQ ahead of weekend Jan. 6 rally Barrett: Supreme Court 'not comprised of a bunch of partisan hacks' MORE (R-Ky.) announced earlier on Saturday that while he will postpone the Senate returning to Washington until Oct. 19, the Senate Judiciary Committee’s confirmation hearings will proceed as scheduled.

“The Senate’s floor schedule will not interrupt the thorough, fair, and historically supported confirmation process previously laid out by Chairman Graham,” McConnell said.

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The GOP leader asserted that the Judiciary Committee has “operated flawlessly through a hybrid method” during which some senators have appeared in person at hearings while others have participated by video link-up.

“The committee has utilized this format successfully for many months while protecting the health and safety of all involved,” McConnell said in a statement.

“Certainly all Republican members of the committee will participate in these important hearings.”

Democrats on the Judiciary Committee complained to Graham on Saturday that “holding a remote hearing for a Supreme Court nomination is not an adequate substitute.”

“As Republican members of this committee have recognized, questioning nominees by video is ineffective and ignores the gravity of our constitutional duty to provide advice and consent on lifetime appointments, particularly those to the nation’s highest court,” they wrote.

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The Judiciary Committee’s rules allow for proxy voting, which means that even if Lee and Tillis are still contagious or not feeling well when the committee convenes to report Barrett’s nomination to the floor, colleagues can cast proxy votes on their behalf.

The panel’s rules state: “When a recorded vote is taken in the committee on any bill, resolution, amendment, or any other question, a quorum being present, members who are unable to attend the meeting may submit votes by proxy, in writing or by telephone, or through personal instructions.”

Senate Democrats have called on Graham and other Republicans to delay the confirmation process since the evening of Sept. 18, when late Justice Ruth Bader GinsburgRuth Bader GinsburgTo infinity and beyond: What will it take to create a diverse and representative judiciary? Justice Ginsburg's parting gift? Court's ruling on Texas law doesn't threaten Roe — but Democrats' overreaction might MORE’s death was announced.

Democrats led by Senate Minority Leader Charles SchumerChuck SchumerSchumer points to debt incurred under Trump to highlight need for bipartisan action Warner says .5 trillion package 'falls short' on housing assistance Manchin says he can't support Biden's .5 trillion spending plan MORE (D-N.Y.) have argued forcefully since that moment that the winner of the Nov. 3 presidential election should pick Ginsburg’s successor. Political handicappers rate Vice President Joe BidenJoe BidenBiden stumps for Newsom on eve of recall: 'The eyes of the nation are on California' Biden looks to climate to sell economic agenda Family of American held hostage by Taliban urges administration to fire Afghanistan peace negotiator MORE, the Democratic nominee, as the likely winner.