This shouldn’t take long. With the news that President Donald Trump has tested positive for the coronavirus, and pootled on over to Walter Reed Medical Center for observation and treatment, it is of course the only dominant feature of the news today. As well it should be. But there is still other news on the radar.
Here’s the one I’m suddenly obsessed with. One of the things that is being spotlighted is that Hope Hicks Wednesday onset of symptoms of the virus may not be the culprit. After all, Trump took part in a public event on Saturday when he introduced his Supreme Court nominee, judge Amy Coney Barrett. Both Utah Senator Mike Lee, as well as the President of the University of Notre Dame were present and took pat, and both have now been confirmed positive for the virus.
It’s the Amy Comey Barrett nomination and confirmation that have captured my most rapt attention. Trump and McConnell have both rushed this nomination, as well as the confirmation process in a desperate attempt to get Trump a comfort margin for the hearing of the Affordable Care Act case before the Supreme Court, scheduled to begin the week after election day. And as it stands right now, Trump’s imbecilic attitude towards the coronavirus, and the blind fealty of the GOP, especially the Senate to follow him, may just mean that the coronavirus will do what the Democrats themselves cannot. Stall Coney Barrett’s confirmation past the stale date.
Here’s how. As we speak, the GOP controls the upper chamber with a voting majority of 53-47. Thanks to McConnell nuking the filibuster for SCOTUS picks, the GOP can afford to lose 3 votes and still have a 50-50 tie, which would allow Vice President Mike Pence to cast a tie breaking vote and get Barrett on the court.
Well, guess what? That buffer is gone, at least for the moment, and maybe longer. Remember, we started this confirmation vote farrago at 53-47. GOP Senators Susan Collins of Maine, and Lisa Murkowski of Alaska have sworn to vote to reject a new member of the court until after the election. That makes it 51-49. But here’s the Hitchkockian twist. Not only UT Senator Mike Lee, but also today NC GOP Senator have both tested positive for the virus. They must both be quarantined now for at least the next 14 days. Which brings the vote tally down to 49-49. A straight party line vote tomorrow would force Pence to break the tie.
Which potentially puts Mitch McConnell into an untenable position. The GOP Senate caucus has been running around like a bunch of drunken college frat boys sans condoms. Hell, who needs ’em? College girls don’t get pregnant! And if one more GOP Senator comes back positive, then McConnell doesn’t have the votes to confirm Barrett.
McConnell is literally on the razor’s edge. The composition of the US Senate Judiciary committee, which must approve Barrett’s nomination after her hearing is 12-10 GOP. But Mike Lee is a member of the Judiciary committee! One more sick GOP Senator on the committee would leave a tie vote, which won’t work, a nominee must receive a majority vote to pass, and the VP doesn’t vote in committee hearings. McConnell could still place Barrett’s name in nomination on the floor without her being passed by the committee, but the majority of Americans already say that the next President should choose the replacement. Putting forward a name that couldn’t get out of committee for a floor vote a week before the election could be the kiss of death for the GOP Senate retention chances.
I am going to be watching this whole meshugass like a hawk. If McConnell can’t get Barrett confirmed by election day, a 1 justice swing would force a tie in the Supreme Court, leaving the appellate court ruling, overturning the lower court approval the standing choice. And if McConnell fails to get her approved by election day, it may make it easier for him to try to cut some kind of deal with Chuck Schumer to leave the filibuster intact in return for Ginsberg’s seat. That would be idiotic of Schumer, but McConnell will try. Suddenly, out of nowhere, this ain’t over. Don’t touch that dial.
Update
My sincere thanks to MSNBC for inadvertently making my point for me. As I said earlier tonight, the GOP has only a 23 vote margin in the Senate Judiciary committee, and Mike Lee, one of the members of that committee is now down and out with coronavirus. Which left McConnell with only a 1 vote margin to clear the committee.
That’s gone. While I chec ked the composition of the Judiciary committee before I wreote the article, I didn’t check every name. Bad move. It turns out that GOP Senator Thom Tillis, who also checked in today with coronavirus, and began quarantine is also on the Senate Judiciary committee. If the vote were held tomorrow, it would be a 10-10 tie, and the nomination would fail in committee.
This is critical because McConnell is running against the clock. While members can apparently, under new coronavirus rules, participate in committee hearings remotely, it appears that they must appear in person in order to cast their votes. Theoretically, Senate Judiciary Chair Leningrad Lindsey Graham could continue on to hold the committee hearings with remote input from Lee and Tillis remotely, cannot hold the vote until they are able to return. But every day delay pushes McConnell further back up against the wall against Senate procedural games that must be played before a floor vote caqn be taken. This is getting more interesting by the moment.
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Darn Murph but you did some fancy footwork on that one. It’s all within the realm of possibility. Gives one something to live for 🙂
When are the pundits going to catch on to this fact?
I dunno…The hell with ’em,,,This is what you guys pay ME for!!! lol
Do recall, Murf, that this is how we got the COVID-19 relief we did back in the spring. Too many GOP numbnuts in the Senate caught COVID themselves and suddenly Mitch’s majority “disappears…like a miracle.” Bet you anything that between this and that broken shoulder of his, he’s been carrying a grudge all year over the universe refusing to acknowledge his “important” position.
Great point bareshark!!! I had completely forgotten about that, thanks for the reminder…Joy where you dcan find it, right???
McConnell debe irse a casa y no volver.
debe irse al diablo ese pendejo
Umm, subtitles, boys?
McConnell should go home and not return. (Actually) He ought to go to hell that dumb SOB.
Okay, my allergies kicking by butt. There is the literal proper Spanish… and then conversational Spanish (slang)… and those of us Tejanos… that sometimes just want to get the message across.
Gerardo said “McConnell should go home and not return.” And old grey dude said “he should go to the Devil that idiot/asshole/MFer” (referring to McConnell and “pendejo” is a catch-all insult term; it literally means “stupid” as an adjective but is frequently used in a generally derogatory sense as a noun).
The question becomes will there be enough Republicans left to vote for the SCOTUS nominee???
Right now, the Judiciary Committee has two members positive – and they can’t spare any more.
Thanks…I just posted an update with the information…Graham can’t get the nomination out of committee right now…How sweet is the revenge of that???
Just heard third ones down
Exactly my point…One more positive, and McConnell no longer has the votes…
Holy Moly Murfster35. Christmas gifts may come early this year. No wonder Moscow Mitch is walking a tightrope and about to throw a conniption fit. Question – Can all the Ds can still completely walk out and the vote will lack of quorum even if another voting R Senator doesn’t go into quarantine?
Also, having the numbers to vote may not be Moscow Mitch’s only major problem. He must be tearing what’s left of his hair out with Trump incapacitated BC Putin has no one designated in the GOP/Russia party to give orders to (Trump’s frequent golf trips have served the purpose of allowing him to speak in private with Putin to receive orders on what to say and do next to divide weaken and exert more control over the US).
Moscow Mitch himself today refused to answer any Qs about his own test result. Could he also be infected? From his behavior it seems likely that the Rs from this point on will not divulge test results and will vote whether they test positive or not – unless/until one of them – like Trumpelthinskin – is so sick that they can’t hide it and need to be hospitalized immediately.
Also Gotta believe Pence the Menace has to have tested positive but is lying about that since he’s been so close to Don the Con for so many events and on AF-1 since Saturday’s suspected R super-spreader event.
And what’s to prevent Collins from changing her vote to Yes due to extreme pressure/threats/bribe money – like she appeared to succumb to for the Kavanaugh vote?
Finally, if a delay on the vote does occur long enough until a week or two after November 3, there’s a chance the math on the senate vote changes by 2 votes even with all else remaining the same toward the Ds as early as November. Here’s how: If Mark Kelly defeats McSally in Arizona and defeats her by a decent margin such that the result is called and certified quickly, because McSally has been appointed by Governor Ducey as a temporary replacement to John McCain’s former seat, under the 17th Amendment of the Constitution once the vote is official, Kelly could be sworn in to the Senate in November or December, in the middle of the lame duck session without having to wait until late January like any other Senator winning in November who is not an incumbent.
Two points.
One, it’s not settled that the VP can break a nomination tie vote. It is such an occurance I looked it up. See Newsweek, “can the Vice Presidemt break the tie…” 9/20.
Two, clearly you didn’t take the “legislate like Mitch” Lynda.com course I sent you. Because if we wanted to play Mitch’s game in the 49/49 scenario, the Democrats just need to…leave. The Senate cannot conduct business without 51 Senators present.
And 2020 is so weird, why not have a chapter in which every Dem Senator just disappears and the whole process stalls. Heck…that’s only like 2008 level weird. To get to 2020 weird, I think we need to have Mitch scheme to get his quorum by sending the Capitol police to drag Kamala Harris from a campaign speech. They get there and accost her, but, J’accuse…MAYA HARRIS IN A WIG!?
Was busy all day trying to finish a fence. And thus into the wee hours seeing what was going on. And just viewing Twitter for quick shots after reading posts here. And then saw the picture of that Saturday Super Spreader (at the White House)… and then later another where senators (R and D) aren’t wearing masks.
Methinks it was all the guys and gals at the…. Judiciary?
I thought Rand Paul being Rand Paul had been enough of a reason to wear masks at all times… FFS.
And now Ron Johnson, also on the Judiciary Committee, has tested positive for COVID. Unless something drastic changes, we can consider Barrett’s nomination DOA for the foreseeable future.
He’s not on that committee – I checked. But it does mean that they’re getting close to “not enough Rs for a sure floor vote”. Grassley and McTurtle should have been wearing masks at their lunches and in the committees.
I would NOT count on those two harpies, Collins and Murkowski. they lied about the impeachment, they lied about their intent on Kavanaugh vote, etc.
Oh, all my faith is on the disease and GOP arrogance to do the heavy lifting.
Pedophile protector “Russia Ron” Johnson has also tested positive although he’s not on the judiciary committee.
Expect more in the days to come.