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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 |
| Biden returned to his theme from earlier remarks about the process for replacing Ginsburg, lamenting Republicans’ determination to rush Amy Coney Barrett on to the court in defiance of their own precedent, if not of any actual constitutional provision. More in hope than expectation, surely, he also repeated his call for Republican senators to “step back from the brink” and pause the rush to confirmation. | |
| Two, Susan Collins of Maine and Lisa Murkowski of Alaska – both supporters of abortion rights, as it happens – have said they do not think a justice should be confirmed before the election. That leaves Mitch McConnell, the majority leader, with a 51-49 vote to confirm – more than enough. | |
| In Wilmington, Biden insisted: | |
| More from Joe Biden’s speech in Wilmington earlier: | |
| Edited highlights of Biden’s prepared remarks in Wilmington follow, with thanks to Lauren Gambino, ace Guardian Washington reporter, for relaying them while I was busy swearing at a VPN… | Edited highlights of Biden’s prepared remarks in Wilmington follow, with thanks to Lauren Gambino, ace Guardian Washington reporter, for relaying them while I was busy swearing at a VPN… |
| Biden spoke briefly then answered a few questions. As he did so, he sought to keep a focus on what Amy Coney Barrett’s supreme court nomination means for the Affordable Care Act, which was passed in 2010 when the Democratic nominee was vice-president to Barack Obama. | Biden spoke briefly then answered a few questions. As he did so, he sought to keep a focus on what Amy Coney Barrett’s supreme court nomination means for the Affordable Care Act, which was passed in 2010 when the Democratic nominee was vice-president to Barack Obama. |
| A challenge to the ACA is due to be heard by the court on 10 November – Republicans want Barrett, who has written critically about the law, on the bench before the election, a week before that. | A challenge to the ACA is due to be heard by the court on 10 November – Republicans want Barrett, who has written critically about the law, on the bench before the election, a week before that. |
| Democrats are powerless to stop that effort, meaning the court will in all likelihood shift to a 6-3 conservative majority before the crucial hearing. Biden and other senior Democrats are thus focusing on the threat to the health insurance coverage the ACA provides to millions, as a key election issue. | Democrats are powerless to stop that effort, meaning the court will in all likelihood shift to a 6-3 conservative majority before the crucial hearing. Biden and other senior Democrats are thus focusing on the threat to the health insurance coverage the ACA provides to millions, as a key election issue. |
| In Wilmington, Biden said: “The clear focus is, this is about your healthcare. This is about whether or not the ACA will exist. This is about whether or not pre-existing conditions will be continue to be covered. This is about whether or not a woman can be charged more for the same procedure as a man. This is about people’s healthcare in the middle of a pandemic. | In Wilmington, Biden said: “The clear focus is, this is about your healthcare. This is about whether or not the ACA will exist. This is about whether or not pre-existing conditions will be continue to be covered. This is about whether or not a woman can be charged more for the same procedure as a man. This is about people’s healthcare in the middle of a pandemic. |
| He was asked if as president he would consider moves advocated by some on the left in response to Republican moves to solidify their control of the court since 2016, including increasing the number of judges on the court. | He was asked if as president he would consider moves advocated by some on the left in response to Republican moves to solidify their control of the court since 2016, including increasing the number of judges on the court. |
| Biden said: | Biden said: |
| Joe Biden is speaking on the supreme court nomination of Amy Coney Barrett now – and you can follow a livestream at the top of this blog. | Joe Biden is speaking on the supreme court nomination of Amy Coney Barrett now – and you can follow a livestream at the top of this blog. |
| Donald Trump’s suggestion that he may not cede power if he loses the presidential election to Joe Biden is “a gift to our adversaries”, former national security adviser HR McMaster said on Sunday, though he added that “even taking about” the US military removing the president if necessary was “irresponsible”. | Donald Trump’s suggestion that he may not cede power if he loses the presidential election to Joe Biden is “a gift to our adversaries”, former national security adviser HR McMaster said on Sunday, though he added that “even taking about” the US military removing the president if necessary was “irresponsible”. |
| “I think what’s really clear for the American people to understand is the military will have no role in a transition,” the retired army general told NBC’s Meet the Press. | “I think what’s really clear for the American people to understand is the military will have no role in a transition,” the retired army general told NBC’s Meet the Press. |
| “In fact, even talking about it, I think, is irresponsible. And that’s maybe why, if you detect some reticence on the part of senior military leaders or those in the Pentagon to talk about it, it’s because it shouldn’t even be a topic for discussion.” | “In fact, even talking about it, I think, is irresponsible. And that’s maybe why, if you detect some reticence on the part of senior military leaders or those in the Pentagon to talk about it, it’s because it shouldn’t even be a topic for discussion.” |
| Nonetheless it is under discussion, as the US military deals with an unprecedented focus on its relations with political leaders and numerous senior figures, among them former defense secretary James Mattis, express public criticism of Trump. | Nonetheless it is under discussion, as the US military deals with an unprecedented focus on its relations with political leaders and numerous senior figures, among them former defense secretary James Mattis, express public criticism of Trump. |
| McMaster said military participation in Trump’s famous St John’s church photo op on 1 June, for which peaceful protesters were forcibly cleared from around the White House, was “just wrong” and “more than unfortunate”. | McMaster said military participation in Trump’s famous St John’s church photo op on 1 June, for which peaceful protesters were forcibly cleared from around the White House, was “just wrong” and “more than unfortunate”. |
| “Some of the things the president said I think have been irresponsible,” he said. | “Some of the things the president said I think have been irresponsible,” he said. |
| But he added: “But oftentimes, the reaction to what he says is equally irresponsible. So I think all politicians have a responsibility of keeping that bold line in place.” | But he added: “But oftentimes, the reaction to what he says is equally irresponsible. So I think all politicians have a responsibility of keeping that bold line in place.” |
| Donald Trump’s repeated refusals this week to accept the presidential election result unless he wins competed for attention amid the noise of Amy Coney Barrett’s supreme court nomination, writes Richard Luscombe. But on NBC’s Meet the Press host Chuck Todd was keen not to let that story, nor the coronavirus pandemic that has claimed more than 200,000 American lives, fall from prominence. | Donald Trump’s repeated refusals this week to accept the presidential election result unless he wins competed for attention amid the noise of Amy Coney Barrett’s supreme court nomination, writes Richard Luscombe. But on NBC’s Meet the Press host Chuck Todd was keen not to let that story, nor the coronavirus pandemic that has claimed more than 200,000 American lives, fall from prominence. |
| Todd pressed Roy Blunt, Republican senator for Missouri and chair of the congressional inauguration committee, on the president’s evidence-free statements that November’s election will be rigged and that mail-in ballots - trusted by dozens of states - were somehow fraudulent. | Todd pressed Roy Blunt, Republican senator for Missouri and chair of the congressional inauguration committee, on the president’s evidence-free statements that November’s election will be rigged and that mail-in ballots - trusted by dozens of states - were somehow fraudulent. |
| “I am concerned about this idea that somehow the election won’t be fair,” Blunt said, coming as close as he could to a rebuttal without criticizing Trump’s baseless comments. | “I am concerned about this idea that somehow the election won’t be fair,” Blunt said, coming as close as he could to a rebuttal without criticizing Trump’s baseless comments. |
| “I think maybe the election will be complicated. The best place to cast a ballot is at the polling place on election day.” | “I think maybe the election will be complicated. The best place to cast a ballot is at the polling place on election day.” |
| Blunt also saw the likelihood of legal challenges from the Trump administration if he lost, a scenario given added exposure this week by the president’s push to confirm Barrett on the supreme court bench quickly. | Blunt also saw the likelihood of legal challenges from the Trump administration if he lost, a scenario given added exposure this week by the president’s push to confirm Barrett on the supreme court bench quickly. |
| But, he promised: “If the president is re-elected he’ll be sworn in on 20 January. If Vice President Biden is elected he’ll be sworn in on 20 January. At this point I’m chairing the inauguration, I look forward to seeing that happen.” | But, he promised: “If the president is re-elected he’ll be sworn in on 20 January. If Vice President Biden is elected he’ll be sworn in on 20 January. At this point I’m chairing the inauguration, I look forward to seeing that happen.” |
| Todd also queried why no progress appeared to have been made in the Senate over a new Covid-19 stimulus package, in contrast to the speed Republicans were moving to advance Barrett’s nomination. | Todd also queried why no progress appeared to have been made in the Senate over a new Covid-19 stimulus package, in contrast to the speed Republicans were moving to advance Barrett’s nomination. |
| “It’s a huge mistake,” Blunt conceded. “To get back to school, to get back to work, to get back to better health we need a bill, we’re in very near agreement on all the Covid things that matter. What we’re not in agreement on is about a trillion dollars on other things.” | “It’s a huge mistake,” Blunt conceded. “To get back to school, to get back to work, to get back to better health we need a bill, we’re in very near agreement on all the Covid things that matter. What we’re not in agreement on is about a trillion dollars on other things.” |
| Cory Booker, Democratic senator from New Jersey who sits on the senate judiciary committee, said he would be pressing Barrett about the election outcome during the upcoming confirmation hearings. | Cory Booker, Democratic senator from New Jersey who sits on the senate judiciary committee, said he would be pressing Barrett about the election outcome during the upcoming confirmation hearings. |
| “One of things I want to ask her is if she’ll recuse herself in terms of any election issues, because if she does not I fear that the court will be further delegitimized,” he said. | “One of things I want to ask her is if she’ll recuse herself in terms of any election issues, because if she does not I fear that the court will be further delegitimized,” he said. |
| “The president has said he’s not going to honor the peaceful transition of power. That is a stunning statement and a betrayal of the oath to defend the constitution of the United States. It’s an anti-democratic thing to say.” | “The president has said he’s not going to honor the peaceful transition of power. That is a stunning statement and a betrayal of the oath to defend the constitution of the United States. It’s an anti-democratic thing to say.” |
| Another prominent Republican has said he will vote for Joe Biden in the forthcoming elections. | Another prominent Republican has said he will vote for Joe Biden in the forthcoming elections. |
| Colin Powell said earlier this year that he will vote for the Democrat candidate in November and now Tom Ridge, the former governor of Pennsylvania and secretary of homeland security under George W Bush, has given his backing to Biden. | Colin Powell said earlier this year that he will vote for the Democrat candidate in November and now Tom Ridge, the former governor of Pennsylvania and secretary of homeland security under George W Bush, has given his backing to Biden. |
| Ridge said that Donald Trump “routinely dismisses the opinions of experts who know far more about the subject at hand than he does – intelligence, military, and public health,” in an op-ed in the Philadelphia Inquirer on Sunday. He added that Trump’s leadership means that “our country has paid dearly in lives lost, social unrest, economic hardship and our standing in the world.” | Ridge said that Donald Trump “routinely dismisses the opinions of experts who know far more about the subject at hand than he does – intelligence, military, and public health,” in an op-ed in the Philadelphia Inquirer on Sunday. He added that Trump’s leadership means that “our country has paid dearly in lives lost, social unrest, economic hardship and our standing in the world.” |
| Ridge also voiced his disapproval of Trump’s attacks on mail-in voting. “Can you imagine any other president in our lifetime – or ever – saying something so dangerous and un-American?” Ridge wrote. “We are in the midst of a health crisis, when we should be doing all we can to help citizens vote safely, yet he continues to cast doubt on the sanctity of the vote.” | Ridge also voiced his disapproval of Trump’s attacks on mail-in voting. “Can you imagine any other president in our lifetime – or ever – saying something so dangerous and un-American?” Ridge wrote. “We are in the midst of a health crisis, when we should be doing all we can to help citizens vote safely, yet he continues to cast doubt on the sanctity of the vote.” |
| Trump narrowly won Pennsylvania in the 2016 election but trails Biden by 4.9% in the most recent polling. | Trump narrowly won Pennsylvania in the 2016 election but trails Biden by 4.9% in the most recent polling. |
| Democrat senator Joe Manchin said he would oppose any efforts from his party to rebalance a conservative supreme court by adding more justices. | Democrat senator Joe Manchin said he would oppose any efforts from his party to rebalance a conservative supreme court by adding more justices. |
| Some Democrats have posited a plan that – should they win control of the presidency, House and Senate in November – justices could be added to the supreme court. They would then presumably add liberal members to a court that will be 6-4 conservative when Amy Coney Barrett’s nomination is confirmed (something that appears all but inevitable). Another option that some have raised is requiring important pieces of legislation to get 60 votes in the Senate. | Some Democrats have posited a plan that – should they win control of the presidency, House and Senate in November – justices could be added to the supreme court. They would then presumably add liberal members to a court that will be 6-4 conservative when Amy Coney Barrett’s nomination is confirmed (something that appears all but inevitable). Another option that some have raised is requiring important pieces of legislation to get 60 votes in the Senate. |
| During an appearance on CNN on Sunday, Manchin said that such moves would only exacerbate distrust in US institutions. | During an appearance on CNN on Sunday, Manchin said that such moves would only exacerbate distrust in US institutions. |
| “That is not something that I would support. I can’t support that,” he said. “The whole premise of this Senate and this democracy experiment of ours is certain decency and social order that basically has been expected from us and especially from the Senate … now all of the sudden they’re going to say, ‘Oh you don’t have to talk anymore, you just have to have 51 votes and forget about the minority,’ well the minority has always played an important part in the Senate’s proceedings.” | “That is not something that I would support. I can’t support that,” he said. “The whole premise of this Senate and this democracy experiment of ours is certain decency and social order that basically has been expected from us and especially from the Senate … now all of the sudden they’re going to say, ‘Oh you don’t have to talk anymore, you just have to have 51 votes and forget about the minority,’ well the minority has always played an important part in the Senate’s proceedings.” |
| Manchin is known for his willingness to work with Republicans and is a senator for West Virginia, which voted for Trump in the 2016 election. He is often called the most conservative Democrat senator. | Manchin is known for his willingness to work with Republicans and is a senator for West Virginia, which voted for Trump in the 2016 election. He is often called the most conservative Democrat senator. |
| Jill Biden, the next First Lady if her husband Joe wins the White House in November, has decried the “chaos” Donald Trump has brought to America. | Jill Biden, the next First Lady if her husband Joe wins the White House in November, has decried the “chaos” Donald Trump has brought to America. |
| Last week, Trump refused to say whether he would give up power peacefully if he loses the election, and has thrived on disrupting norms – and often decency – during his presidency. | Last week, Trump refused to say whether he would give up power peacefully if he loses the election, and has thrived on disrupting norms – and often decency – during his presidency. |
| “This is Donald Trump’s America, this is the chaos,” Jill Biden said in an interview with CNN on Sunday. She added: “We go back to Joe Biden, we have calm. We have steady leadership. We don’t have all of this chaos in America.” | “This is Donald Trump’s America, this is the chaos,” Jill Biden said in an interview with CNN on Sunday. She added: “We go back to Joe Biden, we have calm. We have steady leadership. We don’t have all of this chaos in America.” |
| Jill Biden also responded to reports earlier this month that Trump had called the war dead “suckers” and “losers”. | Jill Biden also responded to reports earlier this month that Trump had called the war dead “suckers” and “losers”. |
| “If it is true, it’s pretty heartbreaking,” said Biden. “We should have a Commander in Chief who supports our military family, as Joe says it’s our one sacred obligation to take care of our military and their families.” | “If it is true, it’s pretty heartbreaking,” said Biden. “We should have a Commander in Chief who supports our military family, as Joe says it’s our one sacred obligation to take care of our military and their families.” |
| The Senate minority whip, Dick Durbin, has said that Amy Coney Barrett’s ascension to the supreme court is all but inevitable and that Democrats can merely slow the process by hours or “days” at best. | The Senate minority whip, Dick Durbin, has said that Amy Coney Barrett’s ascension to the supreme court is all but inevitable and that Democrats can merely slow the process by hours or “days” at best. |
| “We could slow it down perhaps a matter of hours, maybe days at the most, but we can’t stop the outcome,” the Democrat senator from Illinois said on ABC’s This Week. “What we should do is to address this now respectfully.” | “We could slow it down perhaps a matter of hours, maybe days at the most, but we can’t stop the outcome,” the Democrat senator from Illinois said on ABC’s This Week. “What we should do is to address this now respectfully.” |
| The Republicans control the Senate, meaning Barrett’s nomination will almost certainly be passed before the 3 November election. Two Republican senators, Lisa Murkowski and Susan Collins, may oppose nominating Barrett before the election and Durbin said that would mean “then we could have a different timing, perhaps a different outcome.” | The Republicans control the Senate, meaning Barrett’s nomination will almost certainly be passed before the 3 November election. Two Republican senators, Lisa Murkowski and Susan Collins, may oppose nominating Barrett before the election and Durbin said that would mean “then we could have a different timing, perhaps a different outcome.” |
| Durbin said he would approach the nomination process with respect. “I want to be respectful,” he said. “We disagree on some things. And in terms of participating in the Senate Judiciary Committee hearing, I’ll be there to do my job.” | Durbin said he would approach the nomination process with respect. “I want to be respectful,” he said. “We disagree on some things. And in terms of participating in the Senate Judiciary Committee hearing, I’ll be there to do my job.” |
| The ever-eloquent John Kennedy, Republican senator for Louisiana and member of the senate judiciary committee that will examine Amy Coney Barrett’s credentials for the US supreme court, appears worried her confirmation hearings could be as rowdy as those that clouded Brett Kavanaugh’s controversial elevation two years ago. | The ever-eloquent John Kennedy, Republican senator for Louisiana and member of the senate judiciary committee that will examine Amy Coney Barrett’s credentials for the US supreme court, appears worried her confirmation hearings could be as rowdy as those that clouded Brett Kavanaugh’s controversial elevation two years ago. |
| “If my Democratic friends want to turn it into an intergalactic freak show, bring back the protestors with the genitalia-shaped headgear, I can’t stop them,” he said on Fox News Sunday. | “If my Democratic friends want to turn it into an intergalactic freak show, bring back the protestors with the genitalia-shaped headgear, I can’t stop them,” he said on Fox News Sunday. |
| “I’m going to do my job. I think she’s a good nominee, but my job is to advise and consent. I’m going to probe her intellect, her temperament, her judicial philosophy, her character. I’m going to be sure she doesn’t think justices are politicians in robes. | “I’m going to do my job. I think she’s a good nominee, but my job is to advise and consent. I’m going to probe her intellect, her temperament, her judicial philosophy, her character. I’m going to be sure she doesn’t think justices are politicians in robes. |
| “I want to be assured she’s not one of these justices that tries to rewrite the constitution to advance a political agenda that the voters won’t accept.” | “I want to be assured she’s not one of these justices that tries to rewrite the constitution to advance a political agenda that the voters won’t accept.” |
| Kennedy knocked back a suggestion made by Michigan Democratic senator Debbie Stabenow moments earlier that Barrett, once seated, would vote to overturn the Affordable Care Act. | Kennedy knocked back a suggestion made by Michigan Democratic senator Debbie Stabenow moments earlier that Barrett, once seated, would vote to overturn the Affordable Care Act. |
| “Sell crazy somewhere else. We’re all stocked up here,” he said. “Unless Debbie is clairvoyant I don’t think she knows how the nominee’s going to vote, or any other member of the United States supreme court.” | “Sell crazy somewhere else. We’re all stocked up here,” he said. “Unless Debbie is clairvoyant I don’t think she knows how the nominee’s going to vote, or any other member of the United States supreme court.” |
| Fox host Brit Hume pressed Kennedy on Republican efforts to speed through Barrett’s confirmation just weeks before the presidential election, four years after blocking Barack Obama’s supreme court pick Merrick Garland for months claiming the next president should make the choice. | Fox host Brit Hume pressed Kennedy on Republican efforts to speed through Barrett’s confirmation just weeks before the presidential election, four years after blocking Barack Obama’s supreme court pick Merrick Garland for months claiming the next president should make the choice. |
| “As far as I can tell, here’s the rule. When the Democrats are in charge of the process they do what they think is right, consistent with the constitution. When the Republicans are in charge of the process, they do what they think is right,” Kennedy said. | “As far as I can tell, here’s the rule. When the Democrats are in charge of the process they do what they think is right, consistent with the constitution. When the Republicans are in charge of the process, they do what they think is right,” Kennedy said. |
| “I think that’s what our founders intended, I think our founders intended elections to have consequences and when they send people to Washington of a particular party they expect them to represent their vote. That’s been the tradition and the precedent.” | “I think that’s what our founders intended, I think our founders intended elections to have consequences and when they send people to Washington of a particular party they expect them to represent their vote. That’s been the tradition and the precedent.” |