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Senate Democrats hold talkathon to protest Barrett's Supreme Court nomination

Senate Democrats are holding an hours-long talkathon to protest Judge Amy Coney BarrettAmy Coney BarrettThe Jan. 6 case for ending the Senate filibuster Laurence Tribe: Justice Thomas is out of order on 2020 election McConnell backs Garland for attorney general MORE's Supreme Court nomination. 

Democrats are vowing to hold the floor into Monday morning, as the Senate pulls an all-nighter ahead of a final vote to confirm Barrett to the Supreme Court. 

"Senate Democrats are taking over the floor all night to fight this sham process by Senate Republicans. We will not stop fighting," Senate Minority Leader Charles SchumerChuck SchumerHillicon Valley: Biden signs order on chips | Hearing on media misinformation | Facebook's deal with Australia | CIA nominee on SolarWinds House Rules release new text of COVID-19 relief bill Budowsky: Cruz goes to Cancun, AOC goes to Texas MORE (D-N.Y.) tweeted on Sunday night. 

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Democrats are powerless to prevent Barrett's confirmation since every Republican senator except Sen. Susan CollinsSusan Margaret CollinsHouse passes sweeping protections for LGBTQ people Grassley to vote against Tanden nomination Klain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' MORE (Maine) — who doesn't believe a vote should take place before the election — is expected to vote to confirm her on Monday. 

But Democrats are using the floor speeches, which they are highlighting on social media, to try to build awareness and rail against the decision by Republicans to move just days before the election to fill the vacancy created by the death of Justice Ruth Bader GinsburgRuth Bader GinsburgMcConnell backs Garland for attorney general A powerful tool to take on the Supreme Court — if Democrats use it right Fauci says he was nervous about catching COVID-19 in Trump White House MORE

Sen. Michael BennetMichael Farrand BennetDemocrats: Minimum wage isn't the only issue facing parliamentarian Democrats plan crackdown on rising drug costs Overnight Health Care: Biden officials announce funding to track virus variants | Senate Dems unveil public option proposal | White House: Teacher vaccinations not required for schools to reopen MORE (D-Colo.) argued that the Republicans were going to turn the Supreme Court "into just another politicized body" and that Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMinimum wage setback revives progressive calls to nix Senate filibuster Schiff sees challenges for intel committee, community in Trump's shadow McConnell says he'd back Trump as 2024 GOP nominee MORE (R-Ky.) "can't or won't think beyond narrow self-interest." 

"Ours is a Senate ... where words have lost their meaning. Party advantage dictates every action. ... Deliberation is no longer necessary because conclusions are all foregone," Bennet added.

Sen. Jack ReedJack ReedCORRECTED: Overnight Defense: COVID-19 stymies effort to study sexual assault at military academies | Biden, Saudi king speak ahead of Khashoggi report Overnight Defense: New Senate Armed Services chairman talks Pentagon policy nominee, Afghanistan, more | Biden reads report on Khashoggi killing | Austin stresses vaccine safety in new video Senate Armed Services chair expects 'some extension' of troops in Afghanistan MORE (D-R.I.) warned Republicans that by confirming Barrett they would create "lasting damage to both this institution and the Supreme Court."

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Sen. Bob Menendez (D-N.J.) called the GOP plan an "obscene power grab" that was "poisoning the well of the Senate." 

Barrett's nomination comes four years after Republicans refused to give Merrick GarlandMerrick Brian GarlandThe Hill's Morning Report - Presented by The AIDS Institute - Finger-pointing on Capitol riot; GOP balks at Biden relief plan McConnell backs Garland for attorney general Biden can redeem checkered past and regenerate hope for millions with criminal justice reform MORE, then-President Obama's final Supreme Court nominee, a hearing or a vote.

Republicans argue that the political shift from 2016, when a Democrat was in the White House, to 2020, when Republicans control both the presidency and the Senate, is a key distinction that's in line with precedent.

“The Senate is doing the right thing. We’re moving this nomination forward. By tomorrow night, we’ll have a new member of the United States Supreme Court," McConnell said earlier Sunday on the Senate floor. 

But Republicans will set a new record for how close to a presidential election a Supreme Court nominee is confirmed. Previously the closest a Supreme Court nominee was confirmed was July.

"I agree with Mitch McConnell [who said] on the 13th of February, 2016, 'The American people should have a voice in the selection of their next Supreme Court justice. Therefore this vacancy should not be filled until we have a new president,' " said Sen. Angus KingAngus KingBiden CIA pick pledges to confront China if confirmed, speak 'truth to power' Top cops deflect blame over Capitol attack Koch-backed group launches ads urging lawmakers to reject COVID-19 relief bill MORE (I-Maine).  

"He said that eight months before the election. This confirmation if it takes place tomorrow, will be eight days before the election. It doesn't pass the straight face test," he added. 

Several Democrats warned about the impact a 6-3 conservative Supreme Court could have on health care. Democrats worry that Barrett would vote to strike down the Affordable Care Act as part of a case set to be heard by the court on Nov. 10. 

Barrett signaled during her confirmation hearing that she thought ObamaCare could survive even if the court strikes down the individual mandate, which was zeroed out by Senate Republicans as part of their tax bill. 

"My Republican colleagues know they can count on her to provide the decisive fifth vote on the Supreme Court to strike down the ACA," said Sen. Mazie HironoMazie Keiko HironoSenators given no timeline on removal of National Guard, Capitol fence Trump lawyers center defense around attacks on Democrats Hillicon Valley: Democratic senators unveil bill to reform Section 230 | Labor board denies Amazon request to delay local union vote | Robinhood lifts restrictions on GameStop, other stocks MORE (D-Hawaii). 

Several Democratic senators have already spoken on Sunday night, with others indicating that they would plan to speak after midnight. 

Sen. Bob CaseyRobert (Bob) Patrick CaseySenate Democrats call on GAO to review child care access barriers for disabled parents, kids Democrats blast Trump team videos: 'False equivalency'  Centrist Democrats pose major problem for progressives MORE (D-Pa.) said he would be speaking around 12:30 a.m. 

"Senate Dems will never stop fighting for what's right, which is why we're holding the floor tonight in opposition to Judge Barrett's nom," he tweeted. 

Sen. Chris MurphyChristopher (Chris) Scott MurphyMinimum wage setback revives progressive calls to nix Senate filibuster New rule shakes up Senate Armed Services subcommittees Biden pledges action on guns amid resistance MORE (D-Conn.) said that he and Sen. Brian SchatzBrian Emanuel SchatzMinimum wage setback revives progressive calls to nix Senate filibuster Little known Senate referee to play major role on Biden relief plan Bipartisan group of lawmakers proposes bill to lift rule putting major financial burden on USPS MORE (D-Hawaii) have the "graveyard shift." 

"Yes, we fight to the end. No hyperbole - it’s life or death stakes. [Schatz] and I have the graveyard shift overnight on the Senate floor. If you’re up between 2 and 5 a.m. tune in," Murphy tweeted