COVID-19 Outbreak Could Derail Amy Coney Barrett Nomination | Law & Crime
The careening course of the novel coronavirus (COVID-19) outbreak at the White House is threatening to tear a multiple-senator-sized hole right through Senate Majority Leader Mitch McConnell's (R-Ky.) best laid plans for the Supreme Court.
lawandcrime.com
In light of the news that 3 GOP senators have tested positive for COVID, its entirely possible that the confirmation of Amy Coney Barrett to the Supreme Court is in jeopardy.
According to the Rules of Procedure of the U.S. Senate Committee on the Judiciary, the GOP likely does not have a quorum that can move Barrett's nomination onto the floor of the Senate because two out of the three COVID-19 subtractions–Senators Lee and Tillis–are members of the Senate Judiciary Committee.
Per those rules [emphasis added]:
Seven Members of the Committee, actually present, shall constitute a quorum for the purpose of discussing business. Nine Members of the Committee, including at least two Members of the minority, shall constitute a quorum for the purpose of transacting business. No bill, matter, or nomination shall be ordered reported from the Committee, however, unless a majority of the Committee is actually present at the time such action is taken and a majority of those present support the action taken.
While the Senate has conducted remote committee hearings due to the ongoing pandemic as of late, the Judiciary Committee rules state that members must be "actually present" and in "support" to advance a nomination. Were Democrats to actually play hard ball with Barrett's nomination using procedural methods, a Democratic senator could make a "quorum call" or other parliamentary inquiry to delay the process and potentially win on the merits. Also, notably, McConnell has expressly rejected remote and proxy voting in the past–and there are currently no Senate rules in effect that allow for remote voting on the floor.
EDIT: Just to be clear, for quorum to be valid, ALL members need to be present. No remote or Zoom meetings for infected members.
Who would have thunk that after all the doom and gloom of the GOP ramming in a right wing SC justice after the death of Ruth Bader Ginsberg, they would be sabotaged thanks to their disregard of the pandemic.
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