Both parties had their reasons for pursuing a less drama-fueled Supreme Court confirmation hearing.
The stakes over Amy Coney Barrett’s Supreme Court confirmation are even higher than Brett Kavanaugh’s were. But after two days of often ponderous questioning, Barrett has turned out to be the anti-Kavanaugh. Barrett’s appointment would shift the ideological balance of the high court for a generation and takes place just weeks before a presidential election. Yet Barrett’s hearings have been remarkably low key. And senators say the process has gone almost exactly as they could have hoped — for both parties. Compared to Kavanaugh — who was accused of sexual assault, argued with senators over his drinking habits as a teenager, and provoked Sen. Lindsey Graham (R-S.C.) into an epic tirade against Democrats — Barrett’s testimony has been drama-free. She’s only offered a hint of annoyance during her Judiciary Committee hearings after repetitive rounds of Democratic questions on how she’ll rule on Obamacare and other issues, although she’s kept her responses tightly in check. Barrett has done absolutely nothing to endanger her support among the 51 Republicans needed to confirm her. With the Nov.3 election just 20 days away, Trump and Senate Majority Leader Mitch McConnell can’t afford the slightest delay or misstep in the confirmation process. For Republicans, Barrett delivered. And for Democrats feeling like they are about to win back the White House and the Senate majority, their strategy of effectively keeping the entire proceedings borderline dull has gone off without a hitch. Sure, Democrats made an unrelenting case that Barrett and the GOP want to dismantle Obamacare in the courts and that she’s closely tied to Trump. But they gave Republicans no opportunity to create a viral moment similar to Graham’s angry speech in 2018. They’ve stayed far away from any criticism of her Catholic faith, despite GOP predictions to the contrary. Even vice presidential nominee Kamala Harris, a sharp inquisitor, has largely stuck to the party’s script and launched into speeches on voting rights, health care and other issues intended to mobilize voters in November. “They believe they’re in good shape politically, presidentially,” said Graham, the Judiciary Committee chairman facing a tough reelection bid. “And probably don’t want this hearing to rock that boat.” Forget the mass demonstrations against Kavanaugh and two women cornering former Sen. Jeff Flake (R-Ariz.) in an elevator in a last-ditch bid to derail Kavanaugh’s nomination. Today, the Senate hallways are empty. With the Capitol and congressional buildings emptied out by the coronavirus pandemic, there’s only a handful of reporters roaming around and relatively small demonstrations outside.
