These Are the Senators to Watch During Barrett’s Hearings
After four days of hearings, the panel of 12 Republicans and 10 Democrats will vote, probably on Oct. 22.
(Bloomberg) -- The confirmation hearings for Supreme Court nominee Amy Coney Barrett will put members of the Senate Judiciary Committee -- at least three of whom are in the final month of extremely close races for re-election -- in the middle of a national dialogue on issues central to the 2020 campaign: health care, abortion and the environment.
After four days of hearings, the panel of 12 Republicans and 10 Democrats will vote, probably on Oct. 22, whether to advance Barrett’s nomination to the full Senate for final consideration and likely confirmation the following week.
Here are some of the senators to watch:
A chairman in the hot seat
South Carolina Republican Lindsey Graham has gone from being a Donald Trump critic to one of the president’s closest allies in Congress. In the role of Judiciary chairman, he is championing Trump’s nomination of Barrett and has set an ambitious schedule to get her through the confirmation process before the Nov. 3 election.
The hearings may help bolster his standing with the party’s conservative base, which has been wary of Graham in the past because of his support for issues like immigration reform. Barrett’s confirmation would solidify a conservative majority on the court.
That’s particularly important for Graham, 65, who is suddenly facing a serious challenge in his campaign to win a fourth term on Nov. 3. Recent polls in the state have him tied with Democrat Jamie Harrison. The non-partisan Cook Political Report recently moved the race to the toss-up category, and Harrison raised a record $57 million in the third quarter.
Graham was fiery in his defense of Trump’s last court nominee, Justice Brett Kavanaugh, and he likely won’t hold back if Democrats go after Barrett.
The impact on the presidential campaign
The stakes are high for California Democrat Kamala Harris, who is on the November ballot as her party’s vice presidential candidate. Republicans and the Trump campaign will be scrutinizing her every question and gesture to use against her and presidential nominee Joe Biden.
The former prosecutor is known for her pointed questioning, and she was one of the most aggressive interrogators during the Kavanaugh hearings. But the dynamic will be different this time. Democrats have almost no hope of blocking Barrett, so they are looking to make points with voters on the issues at stake in the election.
The future of the Affordable Care Act, the subject of a case that will be heard by the Supreme Court shortly after the election, will be at the top of the Democrats’ agenda, as will Barrett’s stance on abortion rights. In pursuing those topics, particularly abortion, Harris, 55, will have to ask tough questions that the Democratic base wants to hear while keeping in mind potential swing voters who’ll be watching to see how Barrett is treated.
Harris joined the Senate in 2017 and is the most junior member of the committee. That means she likely will be the last questioner as senators take their turns.
Top Democrat under scrutiny
Should Democrats pick up enough seats on Nov. 3 to assume control of the Senate, California’s Dianne Feinstein would be in line to become the Judiciary panel’s next chair.
Democrats as well as Republicans will be watching Feinstein’s performance. Progressives in her party have grumbled that Feinstein’s tendency to seek bipartisan consensus doesn’t reflect the current political atmosphere. For example, she has said she wouldn’t support ending the filibuster, the Senate rule that lets the minority party block legislation. Getting rid of that rule is a goal of the party’s left wing.
Feinstein, 87, drew harsh criticism from Republicans for how she handled Barrett’s nomination to the Seventh Circuit in 2017. Feinstein questioned whether Barrett’s Catholic faith would unduly influence her rulings, at one point telling Barrett that “the dogma lives loudly within you.”
Coronavirus and an election
Thom Tillis of North Carolina is one of the two Republican senators on the committee to have tested positive for Covid-19 after attending a White House Rose Garden event where Trump introduced Barrett as his nominee; the other is Mike Lee of Utah.
Tillis has been in self-isolation and has said he would participate at the start of the hearings remotely. But he said he’ll be back at the Capitol in time to cast a vote to advance Barrett’s nomination.
He has a lot riding on the hearings, which will put him in the national spotlight at the same time he, like Graham, is facing a tough fight for re-election. The North Carolina Senate seat is one that Democrats have targeted in their drive to retake control of the Senate.
Tillis has been narrowly trailing Democrat Cal Cunningham in most polls. But the Covid diagnosis and a scandal over Cunningham sending romantic texts to a woman not his wife have jolted the race. The hearings provide an opportunity for Tillis to rev up the state’s Republican base.
Vulnerable first-term Republican
Joni Ernst also is among the roughly 10 incumbent Republicans considered vulnerable in the November election with her home state of Iowa becoming a battleground for control of both the Senate and the White House.
Ernst, 50, is in her first term but quickly bound herself to Trump and became part of Majority Leader Mitch McConnell’s leadership team. She was the only incumbent GOP senator running for re-election to speak at the Republican National Convention.
That’s given her a high national profile, which may also be a handicap back home. Her approval rating in the state has dropped along with Trump’s, and polls show Democrat Theresa Greenfield, a 56-year-old real estate executive contesting a statewide office for the first time, with a slight lead.
The Supreme Court has been a top issue for Ernst. At the hearings for Barrett, she’s looking to solidify and motivate Republicans by taking the fight to Democrats over Trump’s nominee.
The 2024 contenders
The Judiciary Committee includes several potential contenders for the Republican presidential nomination in 2024 who represent the next generation of conservatives.
Texas Senator Ted Cruz, 49, was the runner-up to Trump in 2016 and is likely to try again. Known for his sharp and partisan attacks on opponents, Cruz will have a national platform to keep his profile high among Republicans, and he is unlikely to shy away from using it.
Senator Ben Sasse of Nebraska has made a reputation for independence from Trump, a potential benefit if Trump is defeated in November. The hearings will allow Sasse, 48, to show his conservative credentials to a much wider swath of GOP voters.
Likewise, Missouri Senator Josh Hawley, 40, will be able to reach a bigger audience with the hearings and make his case to conservatives. While some Republicans may be treading lightly on the issue of abortion, Hawley took to the Senate floor a few months ago to declare he would only vote for Supreme Court nominees who he is confident would overturn the Roe v. Wade decision that legalized abortion nationally.
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