Democrats make it official, ask for delay on Trump's Supreme Court nomination

Sen. Dianne Feinstein, the top Democrat on the Senate Judiciary Committee that will hold a hearing on President Trump's nominee to the Supreme Court, says there's not enough time to do so before the Nov. 3 presidential election.

The California lawmaker led a group of fellow Democrats in formally calling for the confirmation hearing for Amy Coney Barrett to be put on hold until after Jan. 20, 2021, when either President Trump or opponent Joe Biden is sworn into the presidency.

“The timeline for consideration of Judge Barrett’s nomination is incompatible with the Senate’s constitutional role," Feinstein wrote Wednesday in a letter to Sen. Lindsey Graham, the chairman of the committee. "We again urge you to delay consideration of this nomination until after the presidential inauguration. The Senate and the American public deserve a deliberative, thorough process, and this falls far short.”

"This timeline is a sharp departure from past practice," Feinstein also wrote. "Even more, it undercuts the Senate’s ability to fulfill its advice and consent role and deprives the American people of a meaningful opportunity to gauge the nominee and her record for themselves."

Graham announced last week that his committee would begin the confirmation hearing on Oct. 13. Usually, there are two days of testimony, with senators from both parties asking questions, then committee members vote. If approved by a majority, the nomination moves to a full Senate vote.

The South Carolina Republican said this week there's plenty of time to vet Barrett, noting that she went through the same process just three years ago when the Senate grilled her before she was confirmed to become a judge on the 7th Circuit Court of Appeals.

"The question for the country is, is she ready to be promoted? I think the answer is yes," Graham said. "I think she’s done everything anybody could hope a nominee for the Supreme Court would do in their life. I think she is one of the most qualified people to ever be nominated to the Supreme Court."

The process is already well underway. Barrett has submitted to the committee her 65-page questionnaire on her professional and judicial history and delivered numerous legal opinions for the senators to review before she appears before the committee.

But all 10 Judiciary Committee Democrats signed the Feinstein's letter, including vice presidential nominee Sen. Kamala Harris of California, Sen. Cory Booker of New Jersey, Sen. Mazie Hirono of Hawaii, Richard Blumenthal of Connecticut, Chris Coons of Delaware, Amy Klobuchar of Minnesota, Sheldon Whitehouse of Rhode Island, Dick Durbin of Illinois and Patrick Leahy of Vermont.

While Barrett has been meeting with Republican senators this week, some Democrats are refusing to sit down with the 48-year-old mother of seven. 

Senate Minority Leader Chuck Schumer (D-NY) won't meet with Barrett, saying on Sunday, "I believe first the whole process has been illegitimate. And second, because she's already stated that she is for overturning the ACA [Affordable Care Act], I will not meet with her."

Blumenthal tweeted Sunday: "I will oppose the confirmation of Judge Amy Coney Barrett, as I would any nominee proposed as part of this illegitimate sham process, barely one month before an election as Americans are already casting their votes. I will refuse to treat this process as legitimate & will not meet with Judge Amy Coney Barrett."

Republicans hold the majority in the Senate but can afford to lose only three votes in a full Senate vote (in the event of a tie, Vice President Mike Pence will cast the tie-breaking vote). 

GOP Sens. Susan Collins, Maine, and Lisa Murkowski, Alaska, have said they oppose moving ahead with the confirmation before the election. But Murkowski in recent days has softened her stance, saying she will meet with the nominee as she acknowledged "this process is moving forward with or without me.”