Senate Majority Leader Mitch McConnell on Saturday announced he will move to send the chamber home for a two week recess after three Republican senators tested positive for the coronavirus.
But the move, described as an effort to protect the health and safety of lawmakers, will not derail the Judiciary Committee’s plan to hold hearings on Supreme Court nominee Judge Amy Coney Barrett.
It comes come as it becomes increasingly likely that a White House gathering to celebrate President Trump’s nomination of Barrett last Saturday may have been a ‘super spreader’ event where a host of powerful Republicans may have been exposed to the deadly virus.
Senate Majority Leader Mitch McConnell announced the Senate would go home for recess for two weeks and meet in ‘pro forma’ session, after three GOP senators tested positive for the coronavirus
McConnell is putting the chamber in ‘pro forma’ session – which would still allow for committees to meet remotely.
‘According to the standing rules of the U.S. Senate, committees may convene regardless of whether or not the Senate is in session,’ the Senate Judiciary Committee said in a statement Saturday’
‘The Senate Judiciary Committee, chaired by U.S. Senator Lindsey Graham (R-South Carolina), will proceed with the consideration of the nomination of Judge Amy Coney Barrett to be an Associate Justice on the Supreme Court of the United States on October 12, 2020.’
McConnell’s gambit, meant to protect the body and its aging members from further spread of the virus, comes as Democrats, already fuming at the move to push the nominee through just weeks before Election Day, demanded a delay after news broke that the president and Senators tested positive for the virus.
‘The decision to recess the Senate for two weeks after at least three Republican Senators have tested positive for COVID-19 makes clear that the Senate cannot proceed with business as usual as the virus continues to run rampant,’ said Minority Leader Sen. Charles Schumer in a blistering statement.
Sen. Ron Johnson (R-Wis.) announced Saturday he has tested positive for the coronavirus
Mike Lee on Saturday as Amy Coney Barrett was unveiled at the White House
Amy Coney Barrett is pictured on Saturday at her nomination hearing in the Rose Garden
Lee met on Tuesday with Supreme Court nominee Judge Amy Coney Barrett
‘Their decision to move ‘full steam ahead’ with a Supreme Court nominee who could take away the healthcare of 20 million Americans a month before Election Day is turning an illegitimate process into a reckless and dangerous one,’ he said.
Two GOP Senators who are Judiciary members – Sen. Thom Tillis of North Carolina and Sen. Mike Lee of Utah – tested positive after attending the White House event for Barrett.
Sen. Ron Johnson of Wisconsin, who was also there, announced Saturday that he had tested positive.
The GOP’s majority is 53-47, so potential absences could limit the majority’s ability to move nominees or legislation. Two Republicans, Sens. Susan Collins and Lisa Murkowski, expressed opposition to considering the nomination before the election.
‘The Committee has utilized this format successfully for many months while protecting the health and safety of all involved. Certainly all Republican members of the committee will participate in these important hearings,’ McConnell said.
‘On Monday, I intend to obtain a consent agreement for the Senate to meet in pro forma sessions for the next two weeks. Previously-scheduled floor activity will be rescheduled until after October 19th.’
“The important work of the Senate’s committees can and will continue as each committee sees fit. The Senate Judiciary Committee will convene on October 12th as Chairman Graham has scheduled to begin confirmation hearings for Judge Amy Coney Barrett’s nomination to the Supreme Court,’ he said.
‘The Senate’s floor schedule will not interrupt the thorough, fair, and historically supported confirmation process previously laid out by Chairman Graham,’ said McConnell.
He referenced virtual hearings and wrote: ‘The Committee has utilized this format successfully for many months while protecting the health and safety of all involved. Certainly all Republican members of the committee will participate in these important hearings.’
With Lee and Tillis potentially sidelined, it could hamper the ability of the panel to reach a quorum or report out a nominee.
Republicans hold a 12-10 majority on the 22-seat committee.
Senate Minority Leader Charles Schumer on Friday night demanded the Senate change course.
‘We now have two members of the Senate Judiciary Committee who have tested positive for COVID, and there may be more,’ he tweeted. ‘I wish my colleagues well. It is irresponsible and dangerous to move forward with a hearing, and there is absolutely no good reason to do so.’
The average age of a senator is nearly 63, meaning most are considered to be in a high-risk category.
Sen. Charles Grassley, a Judiciary member, is 87 years old, as is the top Democrat, Sen. Dianne Feinstein.
If Democrats boycott a live committee meeting, they could prevent the panel from getting a quorum to report out a nomination. Even so, there are rule mechanisms that would allow McConnell to send the nomination straight to the floor – although it would be an extraordinary move for a lifetime appointtee.