Enterprise-Record (Chico)

What’s next for Trump’s court pick?

- ByMary Clare Jalonick

WASHINGTON » President Donald Trump has chosen Judge Amy Coney Barrett to replace the late Ruth Bader Ginsburg, sending the nomination to the Senate with hopes of a quick confirmati­on fewer than 40 days before the presidenti­al election.

Republican­s are eyeing a vote in late October, though Senate Majority Leader MitchMcCon­nell hasn’t yet said for certain whether a final vote will come before or after the Nov. 3 election.

A confirmati­on vote so close to a presidenti­al election would be unpreceden­ted, creating significan­t political risk and uncertaint­y for both parties. Early voting is underway in some states in the races for the White House and control of Congress.

A look at the confirmati­on process and what we know and don’t know about what’s to come:

Who is AmyBarrett?

Barrett has been a federal judge in Indiana since 2017, when Trump nominated her to the Chicagobas­ed 7th U.S. Circuit Court of Appeals. She was previously a longtime University ofNotreDam­e lawprofess­or and clerked for the late Justice Antonin Scalia, whom she called her “mentor” as she accepted Trump’s nomination on Saturday. At age 48, she would be the youngest justice on the current court if confirmed.

Barrett’s three-year judicial record shows a clear and consistent conservati­ve bent. She is a committed Roman Catholic as well as a firm devotee of Scalia’s favored interpreta­tion of the Constituti­on known as originalis­m.

What happens next?

Senate Judiciary Committee Chair Lindsey Graham says his panel will hold four days of confirmati­on hearings the week of Oct. 12.

Once the committee approves the nomination, it goes to the Senate floor for a final vote. This could all happen byNov. 3 if the process goes smoothly. Graham said he hopes the committee can move the nomination to the Senate floor by the week of Oct. 26 for a confirmati­on vote.

Barrett is expected to make her first appearance on Capitol Hill on Tuesday, meeting with McConnell, Graham and other members.

Will there be a vote before the election?

Republican­s are privately aiming to hold the final vote the last week of October, but acknowledg­e the tight timeline and say they will need to see how the hearings go. McConnell has been careful not to say when he believes the final confirmati­on vote will happen, other than “this year.”

Senate Republican­s are mindful of their last confirmati­on fight in 2018, when Christine Blasey Ford’s allegation­s of a teenage sexual assault almost derailed Brett Kavanaugh’s nomination. The process took longer than expected after Republican­s agreed to allow Ford to testify. Kavanaugh, who denied the allegation­s, was eventually confirmed in a 50- 48 vote.

Does the Senate have enough votes?

McConnell does appear to have the votes, for now. Republican­s control the Senate by a 53- 47 margin, meaning he could lose up to three Republican votes and still confirma justice, if Vice President Mike Pence were to break a 50-50 tie.

At this point, McConnell seems to have lost the support of two Republican­s — Maine Sen. Susan Collins and Alaska Sen. Lisa Murkowski, both of whom have said they don’t think the Senate should take up the nomination before the election.

Can the Democrats stop the vote?

There isn’t much they can do. Republican­s are in charge andmake the rules, and they appear to have the votes for Trump’s nominee, at least for now. Democrats have vowed to oppose the nomination, and they are likely to use an assortment of delaying tactics. None of those efforts can stop the nomination, however.

But Democrats will also make the case against the nomination to voters as the confirmati­on battle stretches into the final weeks — and maybe even the final days— of the election season. They say health care protection­s and abortion rights are on the line, and argue the Republican­s’ vow to move forward is “hypocrisy” afterMcCon­nell refused to consider President Barack Obama’s nominee, Judge Merrick Garland, several months before the 2016 election.

How long does it take to confirm a justice?

Supreme Court nomination­s have taken around 70 days to move through the Senate, though the last, of Kavanaugh, took longer, and others have taken less time. The election is fewer than 40 days away.

Could the Senatewait until after the election?

Yes. Republican­s could still vote on Trump’s nominee in what’s known as the lame-duck session that takes place after the November election and before the next Congress takes office on Jan. 3. No matter what happens in this year’s election, Republican­s are still expected to be in charge of the Senate during that period.

The Senate would have until Jan. 20, the date of the presidenti­al inaugurati­on, to act. If Trump were reelected and Barrett had not been confirmed by the inaugurati­on, he could renominate her as soon as his second term began.

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