Thursday, November 30, 2023

What happens next in her confirmation process



Supreme Court docket nominee Amy Coney Barrett returned to Capitol Hill for a 3rd day of affirmation hearings, throughout which she was known as “unashamedly pro-life” by Sen. Lindsey Graham. He instructed Barrett that “a seat on the desk is ready” for her. (Oct. 14)

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WASHINGTON – Amy Coney Barrett’s affirmation hearings are over. The proceedings within the Senate Judiciary Committee didn’t seem to derail her nomination, maintaining her on a quick observe to be confirmed to the Supreme Court docket earlier than Election Day.

All through the 4 days of hearings, senators peppered President Donald Trump’s nominee with questions on her views on controversial points that would come earlier than the courtroom, reminiscent of abortion, weapons and the Reasonably priced Care Act.

Whereas sidestepping questions on contentious points –  Democrats say Barrett refused to reply over 100 questions – Barrett vowed to maintain an open thoughts on any matter that comes earlier than the courtroom. The panel additionally heard private and emotional testimony from a few of Barrett’s former colleagues and advocates who might be impacted by Barrett’s affirmation to the excessive courtroom.

However Barrett’s nomination course of isn’t completed. Right here’s what to anticipate and when she may formally be sworn in because the ninth justice on the Supreme Court docket.

Extra: Amy Coney Barrett Supreme Court hearings conclude, paving way for confirmation days before election

Extra: How we got here: The battle over Amy Coney Barrett’s nomination to the Supreme Court, recapped

Committee vote Oct. 22

The Senate Judiciary Committee – the identical 22-senator panel that spent the week questioning Barrett – will vote on Oct. 22 at 1 p.m. EDT on Barrett’s nomination. The vote is scheduled to return after the committee holds Barrett’s nomination for one week, a typical observe by the panel.

Republicans maintain benefits within the full Senate and the Senate Judiciary Committee, that means Barrett’s nomination is predicted to go the panel and transfer to the complete Senate for approval. 

Democrats may strive quite a lot of procedural maneuvers to sluggish the method on the day of the vote, however have largely conceded they do not have the numbers to cease her affirmation, given the GOP majority. A number of Democratic senators on Thursday known as for completely halting her nomination, an motion defeated in a party-line 12-10 vote.

Democrats have threatened to withhold a quorum to dam the vote, mainly that means they might boycott the vote, although if all 12 Republican members of the committee present up, they will transfer ahead on the vote.

If all of the Democrats do attend the vote, it’s more likely to go on a party-line 12-10 vote.

Democrats have been tight-lipped about their technique for subsequent week. Requested about their plans for the committee vote, Sen. Richard Blumenthal, D-Conn., declined to remark Thursday, saying “per week on this nomination course of is like, you realize, a month.”

Extra: ‘We wept together’: Amy Coney Barrett says George Floyd video was personal for family

Full Senate vote the week earlier than Election Day

The date of the ultimate vote within the Senate remains to be unclear however is more likely to occur the week of Oct. 26 – simply days earlier than the Nov. three election.

Senate Majority Chief Mitch McConnell, who controls the Senate’s schedule, mentioned Thursday “now we have the votes” to substantiate Barrett and instructed reporters in Kentucky that the chamber would start to contemplate her nomination on Oct. 23, a day after the Senate Judiciary Committee is scheduled to clear her nomination.

McConnell’s pledge means the earliest the complete Senate may vote to substantiate her can be Oct. 26, eight days earlier than Election Day, if the chamber stays in session over the weekend. However the Kentucky Republican may as an alternative deliver it to a full vote later that week. Each routes would enable Barrett’s affirmation earlier than Election Day.

“We’ll go to the ground along with her on Friday, the 23rd and keep on it till we end this,” McConnell mentioned, including “We now have the votes.”

A easy majority of the 100-member chamber should vote in favor of her nomination for Barrett to be sworn in because the Supreme Court docket’s ninth justice. Republicans outnumber Democrats 53 – 47 within the Senate. 

Democrats have acknowledged they lack the votes to dam Barrett’s nomination after a variety of swing-state Republicans mentioned they might help her appointment to the courtroom.

Since Ruth Bader Ginsburg died in September, either side have fought over go about changing her on the courtroom. Republicans have sought to confirm a brand new justice by Election Day in an effort so as to add yet another conservative justice to the courtroom earlier than a contentious election. Democrats, hoping Joe Biden defeats Trump they usually regain management of the Senate, have mentioned the end result of the election ought to decide who will get to decide on a brand new Supreme Court docket justice. 

Extra: Supreme Court nominee Amy Coney Barrett moves closer to Senate confirmation as hearing ends

The swearing-in

Ought to the Senate vote to confirm Barrett, she might be sworn in because the Supreme Court docket’s ninth justice, giving conservatives on the courtroom a 6 – 3 advantage.

Barrett is required to take two oaths earlier than she will be able to formally serve on the excessive courtroom and he or she may take these in quite a lot of methods. Sometimes, Supreme Court docket Chief Justice John Roberts will swear in a brand new affiliate justice and a ceremonial service is held on the White Home.

The final addition on the Supreme Court docket – Brett Kavanaugh – was sworn in by Roberts simply hours after the Senate confirmed his nomination. For the reason that excessive courtroom was in the midst of its time period, the fast course of allowed Kavanaugh to start work instantly.

The identical may occur with Barrett because the courtroom has a busy schedule within the days forward.

The courtroom might be in session beginning Nov. 2 and can hear a case concerning the LGBTQ group and spiritual freedoms, together with a extremely anticipated case that would resolve the way forward for the Reasonably priced Care Act. The Obama-era well being care regulation was the principle focus of Democrats’ questioning throughout affirmation hearings. Democrats worry her appointment may upend the regulation, and with it, the well being care of tens of millions. 


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