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| Trump says overturning Roe v Wade 'certainly possible' with Amy Coney Barrett – live | Trump says overturning Roe v Wade 'certainly possible' with Amy Coney Barrett – live |
| (32 minutes later) | |
| President told Fox News ‘I think it will work out’ when asked whether Barrett, if confirmed, would be part of 6-3 ruling | President told Fox News ‘I think it will work out’ when asked whether Barrett, if confirmed, would be part of 6-3 ruling |
| A central plank of Republican efforts to seat Amy Coney Barrett on the supreme court appears to be blunting Democratic criticism over her stance on the Affordable Care Act, at least if labor secretary Eugene Scalia’s appearance on Fox News Sunday is anything to go by, writes Richard Luscombe. | |
| Scalia, the son of the late supreme court justice Antonin Scalia, dismissed the importance of Barrett’s previous writings attacking chief justice John Roberts for his swing vote that upheld the constitutionality of Obamacare in a 5-4 vote in 2012. | |
| “It’s a red herring. It reflects frustration on the part of the Democrats as to how they might attack the nomination,” said Scalia. Barrett, who once clerked for his father, could contribute to a supreme court vote a week after the election that Democrats fear will overturn the ACA, if she is confirmed. | |
| Scalia went on: “There’s absolutely zero reason to believe that Judge Barrett is somebody who does not have views about the importance of health care. She’s a working mother to school age children. | |
| “She made the observation that it appeared the chief justice had bent over backwards to twist the language of that statute to save its constitutionality… that was the criticism a number of people made at the time. She will go where the law takes her. Her view of judging is that any personal views she may have on health care, or any other matter you can name, is not relevant to determining what Congress wrote and what’s in our constitution. Her authority derives from those documents.” | |
| Another emerging White House tactic appears to be playing up Barrett’s personal image over her views on abortion or healthcare. | |
| “She’s a beloved teacher, a very respected scholar, she has shown herself to be a thoughtful jurist and just a wonderful, warm admirable human being as well,” Scalia said. | |
| “[She is a] mother to seven, mother to school-age children, she’s a very impressive delightful person. I think the American people as they come to know her are going to find her very admirable in so many ways.” | |
| Donald Trump has returned to a familiar (and baseless) accusation against Joe Biden: that his rival for the presidency may be on drugs. | |
| “I will be strongly demanding a Drug Test of Sleepy Joe Biden prior to, or after, the Debate on Tuesday night. Naturally, I will agree to take one also. His Debate performances have been record setting UNEVEN, to put it mildly. Only drugs could have caused this discrepancy???,” wrote the president on Twitter on Sunday morning. | |
| Trump, without any evidence, made a similar claim earlier this month during an interview on Fox News when he talked about Biden’s performance during debates. “I think there’s probably – possibly – drugs involved,” Trump told Jeanine Pirro on 12 September. “That’s what I hear. I mean, there’s possibly drugs. I don’t know how you can go from being so bad where you can’t even get out a sentence … ” | |
| It is a classic Trump tactic: make wild and ridiculous claims enough times about someone and eventually some people may believe it. The president has had to deny accusations about his own mental faculties recently. After speculation about his physical and cognitive health, earlier this month Trump was moved to deny rumours that a “series of ministrokes” prompted a visit to hospital in Washington last November. | |
| One sort of polling hasn’t moved much in the last week – majorities of US voters think the winner of the presidential election should pick the next supreme court justice, rather than the current president who is down in the polls and, with the help of Republicans who also face losing the Senate, jamming through a hardline conservative pick before 3 November. | One sort of polling hasn’t moved much in the last week – majorities of US voters think the winner of the presidential election should pick the next supreme court justice, rather than the current president who is down in the polls and, with the help of Republicans who also face losing the Senate, jamming through a hardline conservative pick before 3 November. |
| The New York Times and Siena College are out with a survey today, and it says 56% think the next president should make the pick. | The New York Times and Siena College are out with a survey today, and it says 56% think the next president should make the pick. |
| Of that pick – here is Stephanie Kirchgaessner’s look at People of Praise, the secretive Catholic group to which Amy Coney Barrett belongs, of interest given a) how progressives fear her faith may colour her decisions on healthcare, contraception and abortion and b) how others respond that her faith should have nothing to do with her fitness, or otherwise, for high public office. | Of that pick – here is Stephanie Kirchgaessner’s look at People of Praise, the secretive Catholic group to which Amy Coney Barrett belongs, of interest given a) how progressives fear her faith may colour her decisions on healthcare, contraception and abortion and b) how others respond that her faith should have nothing to do with her fitness, or otherwise, for high public office. |
| Donald Trump has said it “is certainly possible” that Amy Coney Barrett will be part of a supreme court decision overturning Roe v Wade, the 1973 ruling which made abortion legal in the US. | Donald Trump has said it “is certainly possible” that Amy Coney Barrett will be part of a supreme court decision overturning Roe v Wade, the 1973 ruling which made abortion legal in the US. |
| “She is certainly conservative in her views, in her rulings, and we’ll have to see how that all works out but I think it will work out,” Trump told Fox & Friends Weekend in an interview broadcast on Sunday, asked about whether Barrett, if confirmed, would be part of a 6-3 conservative-liberal ruling “on a life issue”. | “She is certainly conservative in her views, in her rulings, and we’ll have to see how that all works out but I think it will work out,” Trump told Fox & Friends Weekend in an interview broadcast on Sunday, asked about whether Barrett, if confirmed, would be part of a 6-3 conservative-liberal ruling “on a life issue”. |
| “It’s certainly possible. And maybe they do it in a different way. Maybe they’d give it back to the states. You just don’t know what’s going to happen.” | “It’s certainly possible. And maybe they do it in a different way. Maybe they’d give it back to the states. You just don’t know what’s going to happen.” |
| Progressives and Democrats fear the Indiana appeals judge’s strict Catholicism and conservative views will colour any ruling on abortion rights. They also worry about the Affordable Care Act, which provides healthcare to millions of Americans. A Republican attempt to strike it down is due before the court on 10 November. | Progressives and Democrats fear the Indiana appeals judge’s strict Catholicism and conservative views will colour any ruling on abortion rights. They also worry about the Affordable Care Act, which provides healthcare to millions of Americans. A Republican attempt to strike it down is due before the court on 10 November. |
| Republicans in the Senate are rushing to confirm Barrett before the presidential election on 3 November. Democrats oppose the timetable and are backed by extensive public polling which shows majorities saying the winner of the election should choose the replacement for the liberal justice Ruth Bader Ginsburg, who died aged 87 last week. | Republicans in the Senate are rushing to confirm Barrett before the presidential election on 3 November. Democrats oppose the timetable and are backed by extensive public polling which shows majorities saying the winner of the election should choose the replacement for the liberal justice Ruth Bader Ginsburg, who died aged 87 last week. |
| But Democrats have few options when it comes to trying to stop or even merely delay Barrett’s confirmation. | But Democrats have few options when it comes to trying to stop or even merely delay Barrett’s confirmation. |
| Trump has nominated two conservatives to the court already but it has not always ruled in his favour, with justices recently upholding LGBTQ rights in a discrimination case and going against the administration on immigration. The president told Fox he had been “surprised by some of the rulings that we’ve already had over the last year”. | Trump has nominated two conservatives to the court already but it has not always ruled in his favour, with justices recently upholding LGBTQ rights in a discrimination case and going against the administration on immigration. The president told Fox he had been “surprised by some of the rulings that we’ve already had over the last year”. |
| “You know, you think you know somebody and then you get rulings federal a little bit different than you think could happen,” he said. “So you never know what’s going to happen. Mostly, I’m looking for somebody that can interpret the constitution as written. We say it all the time and she [Judge Amy Coney Barrett] is very strong on that. And it’ll be very interesting.” | “You know, you think you know somebody and then you get rulings federal a little bit different than you think could happen,” he said. “So you never know what’s going to happen. Mostly, I’m looking for somebody that can interpret the constitution as written. We say it all the time and she [Judge Amy Coney Barrett] is very strong on that. And it’ll be very interesting.” |
| Trump was famously reported to have said he was “saving” Barrett “for Ginsburg”. But he told Fox that in meetings with Barrett before her unveiling on Saturday, he “didn’t discuss certain concepts and certain things. | Trump was famously reported to have said he was “saving” Barrett “for Ginsburg”. But he told Fox that in meetings with Barrett before her unveiling on Saturday, he “didn’t discuss certain concepts and certain things. |
| “And some people say you shouldn’t. I don’t see any reason why you shouldn’t. But I decided not to do it. And I think it gives her freedom to do what she has to do. She has to make rulings. But I think she’s going to make a lot of people very proud.” | “And some people say you shouldn’t. I don’t see any reason why you shouldn’t. But I decided not to do it. And I think it gives her freedom to do what she has to do. She has to make rulings. But I think she’s going to make a lot of people very proud.” |
| The supreme court fight is one thing, of course, and the debate and the election another. Another, lest we forget, is the coronavirus pandemic, which as of this writing has infected more than 7m people in the US and killed more than 200,000. There was of course no social distancing and not much mask-wearing at the White House for the introduction of Amy Comey Barrett, nor at Donald Trump’s Pennsylvania rally later on. | The supreme court fight is one thing, of course, and the debate and the election another. Another, lest we forget, is the coronavirus pandemic, which as of this writing has infected more than 7m people in the US and killed more than 200,000. There was of course no social distancing and not much mask-wearing at the White House for the introduction of Amy Comey Barrett, nor at Donald Trump’s Pennsylvania rally later on. |
| Worrying reports of cases ticking back up in states which relatively speaking got a handle on things are common. Here’s the AP on New York: | Worrying reports of cases ticking back up in states which relatively speaking got a handle on things are common. Here’s the AP on New York: |
| Here’s a report from Nina Lakhani and Amanda Holpuch, on the challenges facing a key New York industry: restaurants. | Here’s a report from Nina Lakhani and Amanda Holpuch, on the challenges facing a key New York industry: restaurants. |
| Joe Biden, we are told, will speak about the supreme court at 12.15pm ET today, from Wilmington, Delaware. | Joe Biden, we are told, will speak about the supreme court at 12.15pm ET today, from Wilmington, Delaware. |
| Last week, in the aftermath of Ruth Bader Ginsburg’s death, the Democratic candidate spoke powerfully, appealing to Republican senators not to rush a replacement through. | Last week, in the aftermath of Ruth Bader Ginsburg’s death, the Democratic candidate spoke powerfully, appealing to Republican senators not to rush a replacement through. |
| That didn’t work, and yesterday, during the unveiling of Amy Coney Barrett in the White House Rose Garden, Biden perhaps previewed today’s remarks and the thrust of his campaigning on the issue as he focused on highlighting the danger he and other progressives say the new justice will, if confirmed, pose to healthcare access. | That didn’t work, and yesterday, during the unveiling of Amy Coney Barrett in the White House Rose Garden, Biden perhaps previewed today’s remarks and the thrust of his campaigning on the issue as he focused on highlighting the danger he and other progressives say the new justice will, if confirmed, pose to healthcare access. |
| CNN reports that Barrett could be confirmed by mid-October. Election day is 3 November. On 10 November, the court is due to hear yet another Republican attempt to destroy the Affordable Care Act, the Obama-era law which extended health insurance cover to millions of less well-off Americans. | CNN reports that Barrett could be confirmed by mid-October. Election day is 3 November. On 10 November, the court is due to hear yet another Republican attempt to destroy the Affordable Care Act, the Obama-era law which extended health insurance cover to millions of less well-off Americans. |
| Donald Trump, meanwhile, has spoken to Fox & Friends host Pete Hegseth about his supreme court pick, in an interview broadcast on Sunday. | Donald Trump, meanwhile, has spoken to Fox & Friends host Pete Hegseth about his supreme court pick, in an interview broadcast on Sunday. |
| “Mostly, I’m looking for somebody that can interpret the constitution as written,” Trump said. “We say it all the time and [Judge Amy Coney Barrett] is very strong on that.” | “Mostly, I’m looking for somebody that can interpret the constitution as written,” Trump said. “We say it all the time and [Judge Amy Coney Barrett] is very strong on that.” |
| He also bragged about his undoubted legacy, a makeover of the federal court system orchestrated by Mitch McConnell, the Senate majority leader, and to some extent by Don McGahn, Trump’s first, beleaguered but resilient White House counsel. | He also bragged about his undoubted legacy, a makeover of the federal court system orchestrated by Mitch McConnell, the Senate majority leader, and to some extent by Don McGahn, Trump’s first, beleaguered but resilient White House counsel. |
| “By the end of the term, we’ll have almost 300 federal judges and court of appeals judges, which is a record. So we will have had a great impact on the court system going forward,” Trump said. The actual number is around 200, but there’s time. | “By the end of the term, we’ll have almost 300 federal judges and court of appeals judges, which is a record. So we will have had a great impact on the court system going forward,” Trump said. The actual number is around 200, but there’s time. |
| If you’re wondering what all this has to do with why Republicans vote for Trump, here’s a report on what the Republican grandee James Baker thinks about that kind of thing, which has persuaded him to keep voting for Trump despite everything Trump has done to his party, and the abuse Trump threw at George HW Bush, Baker’s closest friend whose feet he rubbed while he died: | If you’re wondering what all this has to do with why Republicans vote for Trump, here’s a report on what the Republican grandee James Baker thinks about that kind of thing, which has persuaded him to keep voting for Trump despite everything Trump has done to his party, and the abuse Trump threw at George HW Bush, Baker’s closest friend whose feet he rubbed while he died: |
| Trump also discussed Tuesday’s debate, telling Hegseth he had been preparing every day and saying: “When you’re president, you sort of see everything that they’re going to be asking. | Trump also discussed Tuesday’s debate, telling Hegseth he had been preparing every day and saying: “When you’re president, you sort of see everything that they’re going to be asking. |
| “And they may disagree with you, but we’ve done a great job. We created the greatest economy in history. And now it’s coming back. We closed it. We saved millions and millions of lives by doing what I did. And now we’re bringing it back.” | “And they may disagree with you, but we’ve done a great job. We created the greatest economy in history. And now it’s coming back. We closed it. We saved millions and millions of lives by doing what I did. And now we’re bringing it back.” |
| … and welcome to another day of politics in the US, which in this instance means the fallout from Donald Trump’s nomination of Amy Coney Barrett to the supreme court, to replace Ruth Bader Ginsburg, and also the countdown to the first presidential debate, on Tuesday. A countdown and a fallout and it’s not even 9am: the news is explosive these days, after all. | … and welcome to another day of politics in the US, which in this instance means the fallout from Donald Trump’s nomination of Amy Coney Barrett to the supreme court, to replace Ruth Bader Ginsburg, and also the countdown to the first presidential debate, on Tuesday. A countdown and a fallout and it’s not even 9am: the news is explosive these days, after all. |
| In terms of what’s moving, obviously the polling isn’t yet in terms of what effect Barrett’s nomination, a strict conservative to replace a liberal lion, might have on the presidential race. An ABC News/Washington Post poll out today has Biden 10 points up nationally and the New York Times and Siena College make it eight – which is nice, but as Rick Wilson likes to say, national polls mean nothing. Remember who won the popular vote by nearly 3m in 2016? Not Trump. Remember who won the presidency? Not Hillary Clinton. | In terms of what’s moving, obviously the polling isn’t yet in terms of what effect Barrett’s nomination, a strict conservative to replace a liberal lion, might have on the presidential race. An ABC News/Washington Post poll out today has Biden 10 points up nationally and the New York Times and Siena College make it eight – which is nice, but as Rick Wilson likes to say, national polls mean nothing. Remember who won the popular vote by nearly 3m in 2016? Not Trump. Remember who won the presidency? Not Hillary Clinton. |
| The swing state polls show Biden ahead in some, and razor-thin margins in others. Look at Florida, Ohio, Nevada, Arizona, Michigan, Pennsylvania, Wisconsin and so on. Keep looking. Whatever Trump might tell you about how he’s going to win New York, or even Virginia where he rallied on Friday night, look where he was rallying on Saturday: Pennsylvania. Not surprising. | The swing state polls show Biden ahead in some, and razor-thin margins in others. Look at Florida, Ohio, Nevada, Arizona, Michigan, Pennsylvania, Wisconsin and so on. Keep looking. Whatever Trump might tell you about how he’s going to win New York, or even Virginia where he rallied on Friday night, look where he was rallying on Saturday: Pennsylvania. Not surprising. |
| Anyway, here’s a sampling of our coverage of the Barrett announcement, for which the White House Rose Garden was tricked out to recall the nomination of RBG. David Smith’s Hamlet-infused sketch, which noted the trolling, follows at the end of this post. Otherwise: | Anyway, here’s a sampling of our coverage of the Barrett announcement, for which the White House Rose Garden was tricked out to recall the nomination of RBG. David Smith’s Hamlet-infused sketch, which noted the trolling, follows at the end of this post. Otherwise: |
| Our full report | Our full report |
| Spotlight falls on secretive Catholic group People of Praise | Spotlight falls on secretive Catholic group People of Praise |
| Amy Coney Barrett: what will she mean for women’s rights? | Amy Coney Barrett: what will she mean for women’s rights? |
| What happens next? | What happens next? |
| More to come, including more links to polls and remarks from Joe Biden about the supreme court, from Delaware at lunchtime. I also think people should find it as funny as I do that at present the Guardian US Spotlight section features few talking heads, but plenty of stories about buildings and food. Post-punk gag. | More to come, including more links to polls and remarks from Joe Biden about the supreme court, from Delaware at lunchtime. I also think people should find it as funny as I do that at present the Guardian US Spotlight section features few talking heads, but plenty of stories about buildings and food. Post-punk gag. |
| Here’s David’s sketch. It’s worth a moment of your time. | Here’s David’s sketch. It’s worth a moment of your time. |