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Senate Republicans to Push Ahead on Judges Over Democratic Objections Senate Republicans to Push Ahead on Judges Over Democratic Objections
(3 days later)
WASHINGTON — Senate Republicans plan to push ahead next week with a confirmation hearing for a contested nominee to the U.S. Court of Appeals for the District of Columbia Circuit, moving on a rapid timetable that signals they intend to remain aggressive this year in putting conservative judges on the bench, even amid a pandemic.WASHINGTON — Senate Republicans plan to push ahead next week with a confirmation hearing for a contested nominee to the U.S. Court of Appeals for the District of Columbia Circuit, moving on a rapid timetable that signals they intend to remain aggressive this year in putting conservative judges on the bench, even amid a pandemic.
A top Republican aide and others knowledgeable about the plans said the Judiciary Committee planned to hold a hearing as soon as next Wednesday to consider the nomination of Justin Walker, a U.S. District Court judge in Kentucky who is a protégé of Senator Mitch McConnell, Republican of Kentucky and the majority leader.A top Republican aide and others knowledgeable about the plans said the Judiciary Committee planned to hold a hearing as soon as next Wednesday to consider the nomination of Justin Walker, a U.S. District Court judge in Kentucky who is a protégé of Senator Mitch McConnell, Republican of Kentucky and the majority leader.
The quick action reflects a new urgency on the part of Mr. McConnell to fulfill his pledge to “leave no vacancy behind” when it comes to installing judicial nominees. The coronavirus outbreak has cost valuable time he had planned to spend on the effort, forcing the Senate into an extended recess.The quick action reflects a new urgency on the part of Mr. McConnell to fulfill his pledge to “leave no vacancy behind” when it comes to installing judicial nominees. The coronavirus outbreak has cost valuable time he had planned to spend on the effort, forcing the Senate into an extended recess.
It has also contributed to a grim political environment for Republicans, which could lift Democrats in the push to take over the Senate next year. A change in Senate control would bring an abrupt end to Mr. McConnell’s successful drive — in cooperation with President Trump — to place scores of conservatives on the federal bench.It has also contributed to a grim political environment for Republicans, which could lift Democrats in the push to take over the Senate next year. A change in Senate control would bring an abrupt end to Mr. McConnell’s successful drive — in cooperation with President Trump — to place scores of conservatives on the federal bench.
The majority leader’s office confirmed on Tuesday that the Senate would return to Washington on Monday as planned even though House leaders abruptly scrapped their scheduled return on the advice of congressional officials, including Congress’s attending physician.The majority leader’s office confirmed on Tuesday that the Senate would return to Washington on Monday as planned even though House leaders abruptly scrapped their scheduled return on the advice of congressional officials, including Congress’s attending physician.
On a conference call with Republican senators on Tuesday, Mr. McConnell informed his colleagues that the Judiciary Committee would continue to move forward on judges upon their return, according to people knowledgeable about the call who did not want to be identified disclosing internal deliberations. At least one Republican said the party should be looking beyond judges given the pandemic.On a conference call with Republican senators on Tuesday, Mr. McConnell informed his colleagues that the Judiciary Committee would continue to move forward on judges upon their return, according to people knowledgeable about the call who did not want to be identified disclosing internal deliberations. At least one Republican said the party should be looking beyond judges given the pandemic.
“As much as judges are important, what people want us to be focused on is Covid,” said Senator Lisa Murkowski, Republican of Alaska, the people said.“As much as judges are important, what people want us to be focused on is Covid,” said Senator Lisa Murkowski, Republican of Alaska, the people said.
The prospect of a confirmation hearing also drew a rebuke from Democratic members of the Judiciary Committee, who wrote to Senator Lindsey Graham, Republican of South Carolina and the chairman, to urge him to cancel it so the panel could focus on immediate pandemic issues.The prospect of a confirmation hearing also drew a rebuke from Democratic members of the Judiciary Committee, who wrote to Senator Lindsey Graham, Republican of South Carolina and the chairman, to urge him to cancel it so the panel could focus on immediate pandemic issues.
“There is no urgency to moving lifetime appointments at this juncture,” the letter said. “There is, however, considerable urgency — and growing public demand — for oversight of the federal government’s response to Covid-19,” the Democrats wrote.“There is no urgency to moving lifetime appointments at this juncture,” the letter said. “There is, however, considerable urgency — and growing public demand — for oversight of the federal government’s response to Covid-19,” the Democrats wrote.
“Now is not the time to process routine judicial nominations,” they added.“Now is not the time to process routine judicial nominations,” they added.
Mr. McConnell has been unapologetic about what his top priority is.Mr. McConnell has been unapologetic about what his top priority is.
“As soon as we get back in session, we’ll start confirming judges again,” Mr. McConnell told the conservative radio host Hugh Hewitt last week. “We need to have hearings, and we need to confirm judges.”“As soon as we get back in session, we’ll start confirming judges again,” Mr. McConnell told the conservative radio host Hugh Hewitt last week. “We need to have hearings, and we need to confirm judges.”
Republicans have their eyes on confirming more than judges. The Senate Intelligence Committee could also convene a confirmation hearing next week for Representative John Ratcliffe, Republican of Texas, Mr. Trump’s nominee to be the director of national intelligence. Senators in both parties are eager to put in place a permanent spy chief, particularly at a time when intelligence gathering will play a large role in understanding the effects of the pandemic on American interests around the globe.Republicans have their eyes on confirming more than judges. The Senate Intelligence Committee could also convene a confirmation hearing next week for Representative John Ratcliffe, Republican of Texas, Mr. Trump’s nominee to be the director of national intelligence. Senators in both parties are eager to put in place a permanent spy chief, particularly at a time when intelligence gathering will play a large role in understanding the effects of the pandemic on American interests around the globe.
And Mr. Trump has agitated for the Senate to get back to work confirming his nominees, threatening this month that if it did not, he would use a never-before-invoked power to force Congress to adjourn so that he could fill government vacancies himself. (Mr. McConnell promptly issued a statement making it clear that would not happen, and saying that he had promised Mr. Trump he would work to confirm nominees who were “mission-critical to the Covid-19 pandemic.”)And Mr. Trump has agitated for the Senate to get back to work confirming his nominees, threatening this month that if it did not, he would use a never-before-invoked power to force Congress to adjourn so that he could fill government vacancies himself. (Mr. McConnell promptly issued a statement making it clear that would not happen, and saying that he had promised Mr. Trump he would work to confirm nominees who were “mission-critical to the Covid-19 pandemic.”)
Mr. Trump nominated Judge Walker, 37, to the prestigious appeals court on April 3, less than six months after he began serving on the district court bench. He was confirmed to that post last October despite being rated as unqualified by the American Bar Association because of his lack of experience. Mr. McConnell has known Judge Walker since he was in high school, considers him a brilliant legal mind and took him to the Oval Office this year to meet with the president.Mr. Trump nominated Judge Walker, 37, to the prestigious appeals court on April 3, less than six months after he began serving on the district court bench. He was confirmed to that post last October despite being rated as unqualified by the American Bar Association because of his lack of experience. Mr. McConnell has known Judge Walker since he was in high school, considers him a brilliant legal mind and took him to the Oval Office this year to meet with the president.
A former clerk to Justice Brett M. Kavanaugh, Judge Walker was one of his most ardent defenders during the brutal Supreme Court confirmation battle in 2018. Mr. McConnell and Justice Kavanaugh traveled to Louisville in March for Judge Walker’s formal investiture as a district court judge before his latest nomination.A former clerk to Justice Brett M. Kavanaugh, Judge Walker was one of his most ardent defenders during the brutal Supreme Court confirmation battle in 2018. Mr. McConnell and Justice Kavanaugh traveled to Louisville in March for Judge Walker’s formal investiture as a district court judge before his latest nomination.
Progressive and civil rights groups opposed Judge Walker’s nomination initially and plan to do so again. In a letter sent to senators on Monday, the Leadership Conference on Civil and Human Rights urged a vote against his confirmation, calling his nomination “a triumph of nepotism over neutrality” given his close relationship with Mr. McConnell. The group faulted Judge Walker for his stated opposition to the Affordable Care Act and what it described as ideologically charged comments in defense of Justice Kavanaugh, among other concerns.Progressive and civil rights groups opposed Judge Walker’s nomination initially and plan to do so again. In a letter sent to senators on Monday, the Leadership Conference on Civil and Human Rights urged a vote against his confirmation, calling his nomination “a triumph of nepotism over neutrality” given his close relationship with Mr. McConnell. The group faulted Judge Walker for his stated opposition to the Affordable Care Act and what it described as ideologically charged comments in defense of Justice Kavanaugh, among other concerns.
“At this perilous time in our nation’s history, the Senate should maintain a laser focus on efforts to save lives and mitigate the devastating economic impact of Covid-19 on the American people,” the letter said. “The Senate should not process judicial nominations — particularly those like Mr. Walker who seek to dismantle health care protections for vulnerable people — until the shock of the pandemic has been diminished.”“At this perilous time in our nation’s history, the Senate should maintain a laser focus on efforts to save lives and mitigate the devastating economic impact of Covid-19 on the American people,” the letter said. “The Senate should not process judicial nominations — particularly those like Mr. Walker who seek to dismantle health care protections for vulnerable people — until the shock of the pandemic has been diminished.”
Updated June 5, 2020 Updated June 12, 2020
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission.
Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.Exercise researchers and physicians have some blunt advice for those of us aiming to return to regular exercise now: Start slowly and then rev up your workouts, also slowly. American adults tended to be about 12 percent less active after the stay-at-home mandates began in March than they were in January. But there are steps you can take to ease your way back into regular exercise safely. First, “start at no more than 50 percent of the exercise you were doing before Covid,” says Dr. Monica Rho, the chief of musculoskeletal medicine at the Shirley Ryan AbilityLab in Chicago. Thread in some preparatory squats, too, she advises. “When you haven’t been exercising, you lose muscle mass.” Expect some muscle twinges after these preliminary, post-lockdown sessions, especially a day or two later. But sudden or increasing pain during exercise is a clarion call to stop and return home.
States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications.
The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing.
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested.
Despite the opposition, Democrats cannot block Judge Walker’s nomination without some Republican defections under Senate rules that allow nominees to win approval on a simple majority vote. Judge Walker had unanimous Republican support last year, and it seems unlikely that any of Mr. McConnell’s colleagues would want to cross him on a nomination in which he has such a strong personal interest without a very good reason. Judge Walker is highly regarded in the conservative judicial advocacy community.Despite the opposition, Democrats cannot block Judge Walker’s nomination without some Republican defections under Senate rules that allow nominees to win approval on a simple majority vote. Judge Walker had unanimous Republican support last year, and it seems unlikely that any of Mr. McConnell’s colleagues would want to cross him on a nomination in which he has such a strong personal interest without a very good reason. Judge Walker is highly regarded in the conservative judicial advocacy community.
The District of Columbia appeals court is considered a steppingstone to the Supreme Court, and its importance was on display on Tuesday when the court heard arguments by conference call in two cases with major significance for the balance of power between Congress and the White House.The District of Columbia appeals court is considered a steppingstone to the Supreme Court, and its importance was on display on Tuesday when the court heard arguments by conference call in two cases with major significance for the balance of power between Congress and the White House.
Since Mr. Trump’s election, he and Mr. McConnell have engaged in a concerted effort to reshape the federal courts and have installed more than 50 judges on the appeals courts and more than 130 on the lower district courts.Since Mr. Trump’s election, he and Mr. McConnell have engaged in a concerted effort to reshape the federal courts and have installed more than 50 judges on the appeals courts and more than 130 on the lower district courts.
With the available vacancies shrinking, Mr. McConnell and other Senate Republicans have reached out to sitting federal judges eligible for retirement to encourage them to think about stepping aside now if they want to be sure their successors are named by a Republican president.With the available vacancies shrinking, Mr. McConnell and other Senate Republicans have reached out to sitting federal judges eligible for retirement to encourage them to think about stepping aside now if they want to be sure their successors are named by a Republican president.
If the Senate proceeds with confirmation hearings, it will take some creativity and may require limits on the number of lawmakers in the room at any one time to allow appropriate social distancing between them and the nominees being questioned as well as other spectators who are allowed in.If the Senate proceeds with confirmation hearings, it will take some creativity and may require limits on the number of lawmakers in the room at any one time to allow appropriate social distancing between them and the nominees being questioned as well as other spectators who are allowed in.
Nicholas Fandos contributed reporting.Nicholas Fandos contributed reporting.