The Bakersfield Californian

Senators weigh COVID risk for Barrett Supreme Court hearing

- BY MARK SHERMAN, LISA MASCARO, MARY CLARE JALONICK AND MIKE BALSAMO

WASHINGTON — Supreme Court nominee Amy Coney Barrett vows to be a justice “fearless of criticism” as the split Senate charges ahead with confirmati­on hearings on President Donald Trump’s pick to cement a conservati­ve court majority before Election Day.

Barrett, a federal appeals court judge, draws on faith and family in her prepared opening remarks for the hearings, which begin today as the country is in the grips of the coronaviru­s pandemic. She says courts “should not try” to make policy, and believes she would bring “a few new perspectiv­es” as the first mother of school-age children on the nine-member court.

Trump chose the 48-year-old judge after the death of Justice Ruth Bader Ginsburg, a liberal icon.

“I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place,” Barrett says in her remarks to the Senate Judiciary Committee. The Associated Press obtained a copy of her statement on Sunday.

Barrett says she has resolved to maintain the same perspectiv­e as her mentor, the late Justice Antonin Scalia, who was “devoted to his family, resolute in his beliefs, and fearless of criticism.”

Republican­s who control the Senate are moving at a breakneck pace to seat Barrett before the Nov. 3 election, in time to hear a high-profile challenge to the Affordable Care Act and any election-related challenges that may follow voting.

Democrats are trying in vain to delay the fast-track confirmati­on, raising fresh concerns about the safety of meeting as two GOP senators on the panel tested positive for COVID-19.

The committee released a letter from the Architect of the Capitol on Sunday that says the hearing room has been set up in consultati­on with the Office of Attending Physician with appropriat­e distance between seats and air ventilatio­n systems that meet or exceed industry standards.

Still, California Sen. Kamala Harris, the Democratic vice presidenti­al nominee who is also a committee member, plans to participat­e remotely from her Senate office due to coronaviru­s concerns, her spokesman said Sunday.

Two members who have tested positive for the virus, Sen. Mike

Lee, R-Utah and Sen. Thom Tillis, R-N.C., have not said if they will attend in person. Lee’s spokesman said the senator is symptom-free but would be making a decision on whether to attend Monday morning, per his doctor’s orders. A spokesman for Tillis did not respond to multiple requests for comment.

Harris and others said the hearings should not move forward without plans to test those attending for COVID. One Republican, Sen. Joni Ernst of Iowa, said “it would be smart to do that,” according to the Des Moines Register. Aside from media, few, if any, members of the public will be allowed to attend.

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