Republicans advance Barrett's Supreme Court nomination after Democrats boycott committee vote

Republicans on the Senate Judiciary Committee voted on Thursday to advance Judge Amy Coney BarrettAmy Coney BarrettABC lands first one-on-one TV interview with Garland since confirmation Democratic Rep. Mondaire Jones calls on Breyer to retire Democrats roll out legislation to expand Supreme Court MORE’s Supreme Court nomination after Democrats boycotted the vote.

The panel voted 12-0 to send Barrett’s nomination to the full Senate, paving the way for President TrumpDonald TrumpGraham: 'I could not disagree more' with Trump support of Afghanistan troop withdrawal GOP believes Democrats handing them winning 2022 campaign Former GOP operative installed as NSA top lawyer resigns MORE’s nominee to be confirmed to the Supreme Court early next week. Every Republican on the panel supported her nomination and no Democratic senator voted. 

Every GOP senator was present for the vote, meeting the committee's rule that 12 members of the panel must be present to report a nomination to the full Senate. 


But the committee also requires two members of the minority party to be present in order to conduct business. Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamGraham: 'I could not disagree more' with Trump support of Afghanistan troop withdrawal Wall Street spent .9B on campaigns, lobbying in 2020 election: study Biden aide: Ability to collect daily intel in Afghanistan 'will diminish' MORE (R-S.C.), however, made it clear that he would move forward regardless of the committee's rules. 

"As you know, our Democratic colleagues informed the committee last night that they will not participate in the hearing. That was their choice. It will be my choice to vote the nominee out of committee. We're not going to allow them to take over the committee," Graham said on Thursday. 

Instead of attending the hearing, Democrats put large posters around their seats of individuals they talked about during last week's hearing who would be negatively affected if the Supreme Court, with Barrett confirmed to succeed the late Justice Ruth Bader GinsburgRuth Bader GinsburgDemocratic Rep. Mondaire Jones calls on Breyer to retire Democrats roll out legislation to expand Supreme Court Pelosi rips McConnell in new book: He's an 'enabler of some of the worst stuff' MORE, strikes down the Affordable Care Act.

Democrats announced on Wednesday that they would boycott the hearing, calling it a "sham" process. 

Shortly after the committee's vote, Senate Minority Leader Charles SchumerChuck Schumer'Building Back Better' requires a new approach to US science and technology Pew poll: 50 percent approve of Democrats in Congress Former state Rep. Vernon Jones launches challenge to Kemp in Georgia MORE (D-N.Y.) and nine of the 10 Democrats on the panel held a press conference on the Senate steps outside of the Capitol.

"Republicans have given us no choice. We are boycotting the confirmation of Amy Coney Barrett," Schumer said, adding that her confirmation has been the "most rushed, most partisan, least legitimate attempt" that will have "dire consequences."


"Democrats will not lend a single ounce of legitimacy to this sham vote in the Judiciary Committee," he added.

Sen. Dick DurbinDick DurbinBiden on refugee cap: 'We couldn't do two things at once' For a win on climate, let's put our best player in the game Biden angers Democrats by keeping Trump-era refugee cap MORE (D-Ill.), Schumer's No. 2 and a member of the committee, argued that Republicans shouldn't fill the seat because "the American people should have the last word in filling this Supreme Court vacancy."

"They will have last word on November 3rd," he added. "The efforts by Senator McConnell to ignore this pandemic and to move forward with this nomination are inconsistent with the basic principles of this country and that's why members of the committee decided in mass not to participate."

Democrats had been under pressure to step up their efforts in the fight over Barrett's nomination, after activists warned that the tactics by the caucus during last week's four-day hearing missed the mark.

As they were speaking, dozens of protesters were gathered nearby, their yells at times drowning out the senators or making it difficult to hear them, even over a microphone.

Most of the protesters largely appeared to agree with Democrats that Barrett shouldn't be confirmed, with roughly a dozen wearing "Handmaid's Tale"-style red habits. When Sen. Mazie Horono (D-Hawaii) stepped up to the mic, one protester could be heard yelling, "it's Mazie time."

But underscoring the frustration with how Democrats have handled the fight over Barrett, a group of protesters yelled that they were "letting it happen," referring to Barrett's likely confirmation, and "you haven’t done shit!"

Schumer floated during an MSNBC interview on Wednesday night that Democrats could try to challenge the decision on the Senate floor, but as long as Republicans had 51 votes they could shoot down their objection.

GOP aides say Graham's decision to move forward without Democrats present was in line with the Senate's standing rules and had happened previously.

Barrett's nomination is largely on a glide path because Supreme Court nominees only need a simple majority. She can lose up to three GOP senators and still be confirmed by letting Vice President Pence break a tie. 

There's no indication that Pence will be needed. Sen. Susan CollinsSusan Margaret CollinsTrump looms over Senate's anti-Asian hate crimes battle Moderates' 0B infrastructure bill is a tough sell with Democrats OVERNIGHT ENERGY: Senate confirms Mallory to lead White House environment council | US emissions dropped 1.7 percent in 2019 | Interior further delays Trump rule that would make drillers pay less to feds MORE (Maine) is the only Republican senator who has said she will oppose Barrett because she does not believe a nominee should get a vote before the election after Republicans refused to give Merrick GarlandMerrick GarlandABC lands first one-on-one TV interview with Garland since confirmation Trump looms over Senate's anti-Asian hate crimes battle The Memo: Tense nation readies for Chauvin verdict MORE, then-President Obama's final nominee, a hearing or a vote in 2016. 

Sen. Lisa MurkowskiLisa Ann MurkowskiRepublicans who backed Trump impeachment see fundraising boost Moderates' 0B infrastructure bill is a tough sell with Democrats The Hill's Morning Report - Presented by Tax March - CDC in limbo on J&J vax verdict; Rep. Brady retiring MORE (R-Alaska) has also said she does not believe a vote should happen before the election. She has not said how she will vote on Barrett, who she is expected to meet with this week. 

Thursday's committee vote paves the way for Senate Republicans to confirm Barrett to the Supreme Court on Monday. 

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump looms over Senate's anti-Asian hate crimes battle Appointing a credible, non-partisan Jan. 6 commission should not be difficult Why President Biden is all-in in infrastructure MORE (R-Ky.) is expected to tee up Barrett's nomination on Friday, setting up a procedural vote on her nomination on Sunday. 

After that, Barrett's nomination will still face up to an additional 30 hours of debate. 

But McConnell vowed this week that Republicans would confirm Barrett on Monday.

"With regard to the Supreme Court justice ... we'll be voting to confirm justice-to-be Barrett next Monday," McConnell said during a weekly press conference

—Updated at 11:48 a.m.