10.11.20

The Senate Judiciary Hearing Is In Accordance With The Office Of Attending Physician And Senate Rules

Senate Democrats’ Demands For Testing Are About Delay And Not Science, And Are Inconsistent With Protocols The Senate Has Been Operating Under

 

Reminder: Senate Democrats Have Been Saying Since Before Judge Barrett Was Nominated That Their ‘First Job’ Is To ‘Delay These Hearings,’ Exposing Their Latest Demands As Simply More Partisan Political Delay Tactics

SEN. CHUCK SCHUMER (D-NY): “We will have many more procedural options when it comes to a vote in the Senate committee and a vote on the floor. And we will use every tool in the toolbox to delay and not have the votes occur.” (Sen. Schumer, Press Conference, 10/04/2020)

  • SCHUMER: “[W]e’re going to use every procedural tool that we can. First job, delay these hearings. We can’t force the delay, but public pressure on the Senators, both who have COVID and who don’t. We should be delaying these hearings, so we can have a full and fair hearing. Not something over Zoom. That doesn’t measure up when you have the most important appointment that the Senate makes, for a lifetime.” (Sen. Schumer, Press Conference, 10/04/2020)

SEN. DICK DURBIN (D-IL): “I’ve been around here a few years. You can slow things down but you can’t stop them. And there comes a point-- we use whatever tools we have available, but ultimately there will be a vote.” (“POLITICO Playbook PM: McConnell plows ahead,” Politico’s Playbook PM, 9/22/2020)

SEN. MAZIE HIRONO (D-HI): “In the meantime, I will look for every procedural tool that I can find to make sure that this does not happen. We will do everything we can. … [B]ut my goal is to prevent the replacement before the new president is installed. … I will do everything I can to figure out how we can stop a replacement from happening but believe me… what’s going to happen is that there will be a lot more calls for Supreme Court reform if there is a replacement.” (MSNBC, 9/18/2020)

  • HIRONO: “What I have been doing is, we may not be able to stop it. We can slow it down.” (CNN, 9/26/2020)

SEN. ELIZABETH WARREN (D-MA): “Look, we need to use every tool, and there are a lot of tools that Democrats have to try and fight this. We got to be strategic about how we use them, but it can’t be business as usual in the Senate. We need to think seriously about everything we can do to try to slow this down and to show how illegitimate this whole process is.” (MSNBC, 9/24/2020)

 

The Office Of Attending Physician Offers Testing ‘In Medically Indicated Cases Of Members Who Have Symptoms Suggestive Of Coronavirus Or Who Are Concerned They May Have Been Exposed To A Known Positive COVID-19 Patient’

THE OFFICE OF ATTENDING PHYSICIAN GUIDANCE: “The testing is available in medically indicated cases of Members who have symptoms suggestive of coronavirus or who are concerned they may have been exposed to a known positive Covid 19 patient. The testing is available throughout the day. Other staff members who have been in contact with a known positive case here at the Capitol are also offered testing.” (“Capitol Physician Expands Testing, But Remains Selective,” Roll Call, 10/02/2020)

Speaker Pelosi: ‘I Follow The Guidance Of Our House Attending Physician,’ ‘My Confidence… Is With The House Attending Physician, Who Will Determine When It Is Necessary For Us To Have Testing’

HOUSE SPEAKER NANCY PELOSI (D-CA): “I follow the guidance of our House Attending Physician…” (CBS, 10/04/2020)

CBS’ MARGARET BRENNAN: “Madam Speaker, what about on Capitol Hill, since a number of lawmakers on the Senate side in just the past few days have tested positive.  Your Democratic colleague, Chuck Schumer, said this demonstrates the need for testing and contact tracing for everyone who works on Capitol Hill.  Do you agree with Senator Schumer and are you working on that for lawmakers?”
HOUSE SPEAKER NANCY PELOSI (D-CA): “… My confidence is in our – I appreciate what he is saying.  There are others on the House side, Mr. Hoyer is saying something similar.  But my confidence in this, respectful of those views, is with the House Attending Physician, who will determine when it is necessary for us to have testing that has confidence.” (CBS, 10/04/2020)

 

The Architect Of The Capitol ‘Designed The Seating Arrangements And Dais … In Accordance With Established Guidelines And In Consultation With The Office Of Attending Physician To Comply With COVID-19 Safety Protocols’

ARCHITECT OF THE CAPITOL J. BRETT BLANTON “At the Committee’s request, the Architect of the Capitol (AOC) has designed the seating arrangements and dais for Senate Hart Office Building, Room 216 (SH-216) in accordance with established guidelines and in consultation with the Office of Attending Physician to comply with COVID-19 safety protocols. The AOC is also following Centers for Disease Control and Prevention and the American Society of Heating, Refrigerating and Air-Conditioning Engineers guidance for ventilation in Capitol campus facilities. Central air filtration on campus heating, ventilation and air conditioning units meets or exceeds industry standards. Per the published pandemic planning guidelines from the Office of Attending Physician, current ventilation systems in SH-216 has been evaluated to ensure they meet or exceed current standards.” (Architect of the Capitol J. Brett Blanton, Letter to Sen. Graham, 10/09/2020)

 

Senate Rules Committee Chairman Blunt And Ranking Member Klobuchar In April: ‘Committees Can And Should Continue To Work With The Framework Of The Senate Rules And Committee Rules, Processes, And Procedures During The Pandemic. Committees Should Also Adhere To Public Health Guidance And Guidance From The Attending Physician’

SENATE RULES COMMITTEE CHAIRMAN ROY BLUNT (R-MO) AND RANKING MEMBER AMY KLOBUCHAR (D-MN): “As our nation contends with the COVID-19 crisis, it is important that the Senate maintain its ability to provide critical relief to the America people. Committees must adapt in order to safely fulfill the Senate’s constitutional obligations and ensure committee work is conducted in accordance with Senate Rules and public health guidance. Therefore, we write to share information on committee processes and procedures and guidance from the Senate Parliamentarian’s office on public hearings.” (Sens. Blunt and Klobuchar, Letter to Senate Colleagues, 04/30/2020)

  • “Each committee has developed and refined its own processes and procedures over time to guide committee work. Committees can and should continue to work with the framework of the Senate Rules and committee rules, processes, and procedures during the pandemic. Committees should also adhere to public health guidance and guidance from the Attending Physician. Accordingly, as committees choose how to proceed during the pandemic, it is particularly important to remember that under the Standing Rules of the Senate a committee may host remote hearings. … After discussions, with the Senate Parliamentarian, the Rules Committee believes that a concurrent broadcast, which would include live streaming via the internet, would meet requirements for a public meeting. … [W]e are working to ensure that a remote hearing platform is available to all committees.” (Sens. Blunt and Klobuchar, Letter to Senate Colleagues, 04/30/2020)

 

Since May, The Senate Judiciary Committee Has Successfully Held At Least 21 Hybrid Hearings With Virtual Participation, 17 Of Which Had Senators Attending Both In Person And Virtually

In The First Such Hearing, Sen. Klobuchar Thanked Judiciary Committee Chairman Lindsey Graham ‘For Being Willing To Do A Hybrid Hearing,’ And Said Yesterday, ‘Yes We Have Had Virtual Hearings. I Helped To Put Them Together. It’s Important To Give Senators That Option’

 

CHAIRMAN LINDSEY GRAHAM (R-SC): “Senator Klobuchar, I think is by video conference.”
SEN. AMY KLOBUCHAR (D-MN): “Yep. Thank you, Mr. Chairman. And also thank you for being willing to do a hybrid hearing like we’re seeing today. Senator Blunt and I in the Rules Committee worked hard to get this done and I’m glad that we are seeing senators there as well as remotely so thank you.” (U.S. Senate Judiciary Committee Hearing, 5/06/2020)

 

FOX NEWS’ CHRIS WALLACE: “Are Democrats going to try to use this as a way to delay the confirmation hearing and the confirmation vote on Judge Barrett?”
SEN. AMY KLOBUCHAR (D-MN): “It’s not a matter of using it, Chris, it happened…. And so it’s very possible we’re going to have more senators, more staff. So I don’t know why you would ram through this Supreme Court hearing, put people in danger because it would be within that two week period, but while you have checked on the whole Senate. I just think it’s wrong. We are suggesting that we wait.”
WALLACE: “But, Senator, the fact is that you can hold hearings in different ways. In fact, last May, when the chairman of the Judiciary Committee, Lindsey Graham, held a virtual hearing, you very much praised him and thanked him for doing that. So you could hold a virtual hearing for Judge Barrett, which raises the question again, are you trying to use the fact that there has been this outbreak … to try to block a nomination that you, frankly, oppose fiercely?”
KLOBUCHAR: Absolutely not. This is for the highest court of the land. And, yes we have had virtual hearings. I helped to put them together. It’s important to give senators that option.” (Fox’s “Fox News Sunday,” 10/04/2020)

 

MAY 6, 2020: Senate Judiciary Committee Holds Hearing on the Nomination of Justin Walker to be US Circuit Judge for the District Of Columbia (U.S. Senate Judiciary Committee Hearing, 5/06/2020)

  • In person: Graham, Feinstein, Durbin, Cornyn, Lee, Cruz, Hawley, Coons, Blumenthal, Ernst, Kennedy, Booker, Paul
  • Virtual: Leahy, Whitehouse, Klobuchar, Tillis, Hirono, Blackburn

MAY 12, 2020: Senate Judiciary Committee Holds Hearing on Legal Liability During the New Coronavirus (U.S. Senate Judiciary Committee Hearing, 5/12/2020)

  • In person: Graham, Feinstein, Grassley, Durbin, Lee, Hawley, Cruz, Coons, Blumenthal
  • Virtual: Leahy, Tillis, Whitehouse, Klobuchar, Hirono, Harris, Witness

MAY 20, 2020: Senate Judiciary Committee Holds Hearing on the Nomination of Cory Wilson to be US Circuit Judge for the Fifth Circuit (U.S. Senate Judiciary Committee Hearing, 5/20/2020)

  • In person: Graham, Feinstein, Grassley, Durbin, Lee, Cruz, Coons, Hawley, Ernst, Blumenthal, Kennedy, Wicker, Hyde-Smith
  • Virtual: Whitehouse, Blackburn, Booker, Hirono

JUNE 2, 2020: Senate Judiciary Committee Holds Hearing on Examining Best Practices for Incarceration and Detention During COVID-19 (U.S. Senate Judiciary Committee Hearing, 6/02/2020)

  • In person: Graham, Feinstein, Durbin, Coons, Blumenthal, Grassley, Hawley, Cruz, Booker, Harris, Lee
  • Virtual: Whitehouse, Klobuchar, Tillis, Hirono, Multiple Witnesses

JUNE 2, 2020: Senate Judiciary Committee Holds Subcommittee Hearing on Is the DMCA’s Notice-and-Takedown System Working in the 21st Century? (U.S. Senate Judiciary Committee Hearing, 6/02/2020)

  • In person: Tillis, Coons, Blumenthal
  • Virtual: Multiple Witnesses

JUNE 3, 2020: Senate Judiciary Committee Holds Hearing on Crossfire Hurricane Investigation Oversight (Senate Judiciary Committee Hearing, 6/03/2020)

  • In person: Graham, Feinstein, Grassley, Leahy, Cornyn, Durbin, Lee, Whitehouse, Cruz, Klobuchar, Hawley, Coons, Tillis, Blumenthal, Ernst, Crapo, Booker, Kennedy, Blackburn
  • Virtual: Hirono

JUNE 9, 2020: Senate Judiciary Committee Holds Hearing on COVID-19 Fraud: Law Enforcement’s Response to Those Exploiting the Pandemic (U.S. Senate Judiciary Committee Hearing, 6/09/2020)

  • In person: Graham, Feinstein, Grassley, Durbin, Tillis, Whitehouse, Hawley, Blumenthal
  • Virtual: Klobuchar, Blackburn, Hirono, Booker

JUNE 16, 2020: Senate Judiciary Committee Holds Hearing on Police Use of Force and Community Relations (U.S. Senate Judiciary Committee Hearing, 6/16/2020)

  • In person: Graham, Feinstein, Booker, Harris, Klobuchar, Grassley, Leahy, Cornyn, Durbin, Lee, Whitehouse, Hawley, Hirono, Cruz, Tillis, Blumenthal, Ernst, Crapo, Kennedy
  • Virtual: Multiple Witnesses, Blackburn

JUNE 17, 2020: Senate Judiciary Committee Holds Hearing on Judicial Nominations (U.S. Senate Judiciary Committee Hearing, 6/17/2020)

  • In person: Blackburn, Feinstein, Johnson, Kennedy, Blumenthal, Hawley
  • Virtual: Toomey, Casey, Multiple Nominees, Tillis

JUNE 23, 2020: The Foreign Sovereign Immunities Act, Coronavirus, and Addressing China’s Culpability (U.S. Senate Judiciary Committee Hearing, 6/23/2020)

  • In person: Graham, Feinstein, Grassley, Coons, Cornyn, Whitehouse, Lee, Blumenthal, Cruz, Booker, Ernst
  • Virtual: Witness, Hirono, Hawley, Blackburn

JUNE 24, 2020: Senate Judiciary Committee Holds Hearing on Judicial Nominations (U.S. Senate Judiciary Committee Hearing, 6/24/2020)

  • In person: Kaine, Durbin, Kennedy, Hawley, Blumenthal
  • Virtual: Multiple Nominees, Hirono

JUNE 30, 2020: The Judicial Conference’s Recommendation for More Judgeships (U.S. Senate Judiciary Committee Hearing, 6/30/2020)

  • In person: Graham, Feinstein, Grassley, Coons, Crapo, Hawley, Blumenthal, Whitehouse
  • Virtual: Multiple Witnesses, Hirono, Booker

JULY 22, 2020: Protecting the Integrity of College Athletics (U.S. Senate Judiciary Committee Hearing, 7/22/2020)

  • In person: Graham, Blumenthal, Booker, Sasse, Lee, Hawley
  • Virtual: Multiple Witnesses

JULY 28, 2020: Senate Judiciary Committee Holds Subcommittee Hearing on How Does the DMCA Contemplate Limitations and Exceptions Like Fair Use? (U.S. Senate Judiciary Committee Hearing, 7/28/2020)

  • In person: Tillis, Coons
  • Virtual: Multiple Witnesses

JULY 29, 2020: Senate Judiciary Committee Holds Hearing on Judicial Nominations (U.S. Senate Judiciary Committee Hearing, 7/29/2020)

  • In person: Sasse, Feinstein, Roberts, Blumenthal, Hawley
  • Virtual: Multiple Nominees, Portman, Brown, Hirono, Blackburn

AUGUST 4, 2020: Senate Judiciary Committee Holds Subcommittee Hearing on The Right of the People Peaceably to Assemble: Protecting Speech by Stopping Anarchist Violence (U.S. Senate Judiciary Committee Hearing, 8/04/2020)

  • In person: Cruz, Hirono, Merkley, Graham, Durbin, Lee, Whitehouse, Coons, Blumenthal
  • Virtual: Wyden, Blackburn, Multiple Witnesses

AUGUST 5, 2020: Senate Judiciary Committee Holds Hearing on Oversight of the Crossfire Hurricane Investigation: Day 2 (U.S. Senate Judiciary Committee Hearing, 8/05/2020)

  • In person: Graham, Feinstein, Grassley, Leahy, Cornyn, Durbin, Lee, Whitehouse, Hawley, Tillis, Coons, Kennedy, Blumenthal, Cruz
  • Virtual: Witness, Klobuchar, Hirono, Blackburn, Booker

SEPTEMBER 9, 2020: Senate Judiciary Committee Holds Hearing on Judicial Nominations (U.S. Senate Judiciary Committee Hearing, 9/09/2020)

  • In person: Graham, Feinstein, Wicker, Hyde-Smith, Lee, Blumenthal, Cruz, Durbin, Hawley
  • Virtual: Multiple Nominees, Cassidy, Hirono

SEPTEMBER 15, 2020: Senate Judiciary Committee Holds Subcommittee Hearing on Stacking the Tech: Has Google harmed competition in online advertising? (U.S. Senate Judiciary Committee Hearing, 9/15/2020)

  • In person: Lee, Klobuchar, Hawley, Blumenthal, Cruz
  • Virtual: Witness, Blackburn

SEPTEMBER 16, 2020: Senate Judiciary Committee Holds Subcommittee Hearing on Are Reforms to Section 1201 Needed and Warranted? (U.S. Senate Judiciary Committee Hearing, 9/16/2020)

  • In person: Tillis, Coons, Blumenthal
  • Virtual: Multiple Witnesses

SEPTEMBER 30, 2020: Senate Judiciary Committee Holds Hearing on Oversight of the Crossfire Hurricane Investigation: Day 3 (U.S. Senate Judiciary Committee Hearing, 9/30/2020)

  • In person: Graham, Feinstein, Cornyn, Durbin, Lee, Whitehouse, Cruz, Klobuchar, Sasse, Coons, Hawley, Blumenthal, Tillis, Hirono, Ernst, Booker, Kennedy, Blackburn
  • Virtual: Witness, Leahy

 

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SENATE REPUBLICAN COMMUNICATIONS CENTER

Related Issues: Supreme Court, COVID-19