The Democrats are using COVID as an excuse to stall Amy Coney Barrett’s judicial confirmation, but Congress is already operating during the pandemic. Democratic leaders are using COVID to push for a delay in hearings on Judge Barrett, claiming the Senate Judiciary Committee has to be there in person.
- Minority Leader Chuck Schumer (D-NY) claims that if the Senate cannot be “in session,” then the hearings cannot go forward
- Senate Judiciary Ranking Member Senator Dianne Feinstein (D-CA), sent a letter to Senator Lindsey Graham (R-SC) calling to delay of the hearings.
- Senate Judiciary Member Senator Amy Klobuchar (D-MN) echoed the minority leader’s claims calling for postponement due to COVID.
- Senator Elizabeth Warren (D- MA) also voiced her concerns calling for the Senate not to proceed with the confirmation hearing.
But the Senate and the Senate Judiciary Committee have already put procedures in place due to COVID, including virtual participation in hearings, that Democrats have openly praised.
- The Senate Judiciary Committee has held over 20 hearings since the pandemic began, and all of them have included virtual participation by senators, witnesses, or both.
- Senators on the Committee have opted to participate virtually 17 times during the pandemic.
- Six of the Committee’s ten Democrats have appeared remotely at hearings.
- Klobuchar has praised Sen. Graham’s willingness to hold Committee hearings with virtual participation.
- GRAHAM:“Senator Klobuchar, I think is by video conference.”
- KLOBUCHAR:“Yep. Thank you, Mr. Chairman. And also, thank you for being willing to do a hybrid hearing like we’re seeing today. Senator Blunt and I in the Rules Committee worked hard to get this done and I’m glad that we are seeing senators there as well as remotely so thank you.”
- The Senate has held 150 hearings featuring virtual participation since May.
- Senator Roy Blunt (R- MO) highlighted that the Senate quickly put standards and procedures in place to ensure everyone is safe and conduct oversight “of coronavirus response efforts; advance COVID-19 related legislation; consider critical national security nominees; and do other business.”
- In May, seventeen of the 30 hearings and business meetings held by Senate committees involved remote participation.
- Over the past 6 months, the Senate Judiciary Committee has demonstrated it is well equipped to continue business as usual through social distancing or virtual measures.
- Senators on the Committee have opted to participate virtually 17 times during the pandemic.
Even the Supreme Court itself is using remote participation this Fall as it hears new cases, just as it did last Spring.
- As the Supreme Court continues on with its pandemic procedures, “the justices have not heard cases in person since early March.”
- The Supreme Court will continue to hear cases remotely during the new term in the fall.
- Last term, the Supreme Court took an unprecedented measure to conduct hearings by telephone conference, including on May 4, 5, 6, 11, 12, and 13.
This isn’t the first time Congress has done its job under unusual circumstances, including during past pandemics.
- Congress was in session for almost the entirety of the first wave of the “Spanish influenza” pandemic in Spring 1918, its particularly deadly second wave in Fall 1918, and much of the third wave of Winter 1919.
- Congress passed hundreds of laws during that time touching on everything from World War I to a full range of domestic issues.
- During the War of 1812, less than four weeks after the Capitol was burned, Congress reconvened at a hotel and passed over 100 laws.
If remote hearings are good enough for the Supreme Court and the Senate, they can work in confirming Judge Barrett.
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