The Senate Judiciary Committee dynamics that will shape Amy Coney Barrett’s hearings
Barrett is likely to face a friendly audience of Judiciary Committee Republicans and extremely critical Democrats. Here are six things to know about the committee.
1. There are politically vulnerable Republicans on the committee
The political strategy for each will be different. Graham is in a surprisingly close race with a strong Democratic challenger, but he still represents a conservative state. So Republicans are hoping he can rally conservatives again — like he did in 2018 with a passionate speech defending Justice Brent Kavanaugh during his confirmation hearing — to also help his reelection.
But Tillis and Ernst are running in more swingy states, where some polls have Democratic presidential nominee Joe Biden ahead.
A fourth Republican committee senator, John Cornyn (Tex.), is trying to get reelected against a Democratic challenger who is raising tens of millions and in a state where Biden is surprisingly competitive.
2. Democrats under pressure to highlight Barrett’s conservatism but avoid another ‘dogma’ moment
When Barrett was before the Senate committee in 2017 for her federal judiciary nomination, ranking Democratic member Dianne Feinstein (Calif.) questioned Barrett’s Catholic faith (“the dogma lives loudly within you, and that’s of concern”) in a way that opened Democrats up to attacks they were applying an unconstitutional religious test.
This time, as Barrett prepares to come before the committee again, Democrats have stayed away from talking about her faith — even as both sides acknowledge that a court with Barrett on it will probably restrict or even knock down legalized abortion. “My concern isn’t her qualifications,” committee memberChristopher A. Coons (D-Del.) told reporters. “It’s her judicial philosophy and her views.”
Democrats will have to tread that line very carefully. Coons, Kamala D. Harris (Calif.) or Amy Klobuchar (Minn.) seem likeliest to take the lead on threading that needle.
3. Harris in brightest spotlight
Three weeks before Election Day, Harris, the Democratic vice-presidential nominee, is expected to fully participate in the hearing. In Kavanaugh’s 2018 confirmation hearings, she memorably grilled the Supreme Court nominee (though some leading questions she threw at him didn’t end with clear allegations).
Harris was then thought to be readying for a presidential run, which she did launch. Now, Harris is second on her party’s ticket, and as such, how she handles questioning Barrett will be under heightened scrutiny. Any missteps will be seized on by Republicans to criticize not just her, but Biden and the entire party.
4. There are more women on the GOP side than last time
The Republican Party’s dearth of female politicians was glaringly obvious two years ago during Kavanaugh’s contentious nomination: There were no female Republican senators on the committee. So for the very delicate questioning of Kavanaugh’s sexual assault accuser, Christine Blasey Ford, Republicans brought in a female lawyer, rather than have an all-male panel try to poke holes in her story.
This time, Republicans have two women on this committee, Ernst and Marsha Blackburn (Tenn.). That could come in handy as they work to make Barrett relatable. Barrett is also a mother of seven school-age children and talked openly in her confirmation hearing about how her husband carries much of the household weight while she pursues her career as a law professor and jurist. Ernst and Blackburn are both mothers and could help tease out that narrative.
Expect them and the rest of the GOP to help highlight Barrett’s faith as a strength, not as extreme.
5. Two GOP senators have the coronavirus
Tillis and Lee could conceivably question Barrett virtually. But they must vote in person. Republicans have a majority on the committee, but in the face of staunch Democratic opposition, they also can’t afford to lose any votes.
Republicans are already coming under fire for having this hearing in the first place because it is a political and health risk: What happens if they’re responsible for yet another outbreak by holding an indoor event before members of the party have fully recovered from the last outbreak?
6. No Republican on the committee is likely to derail things
With one exception, the committee is filled with loyalists to the party and/or to Trump. For example, Sen. Charles E. Grassley (R-Iowa), who used to lead this committee, indicated before Justice Ruth Bader Ginsburg’s death that he wouldn’t approve of filling an election-year vacancy on the court. While he said he wouldn’t do it if he were still its chairman, he agreed to move forward with it.
This committee also has big names in conservative politics, like Lee and Ted Cruz (Tex.).
Sen. Ben Sasse (R-Neb.) does criticize Trump more than the rest of his party. But he doesn’t give speeches on the Senate floor opposing the president’s rhetoric and actions like former Republican senator and committee member Jeff Flake did. In 2018, Flake worked with Democrats on the committee to temporarily halt Kavanaugh’s nomination to allow for a brief FBI investigation into sexual assault allegations.
This time around, the makeup of the committee suggests Republicans will be in line with Trump’s wishes to get Barrett on the court ASAP.
