For decades, the American public has been working under the assumption that if someone were nominated to the Supreme Court, that person must be qualified. How else could that individual get to a place where they would even be considered for nomination? That slipped a little with President Ronald Reagan's nomination of Robert Bork, who ended up being rejected even by Republicans—enough of them to sink his confirmation. Everything's changed with Donald Trump, however. First Republicans broke all norms and regular procedures by refusing to even talk to President Barack Obama's nominee, Merrick Garland, for more than half a year before the election. Then we had the Brett Kavanaugh debacle, where the whole country could see the blunt force Republicans would employ to get a guy everyone recognized as the frat-boy bully of their school nightmares onto the court.
Now we've got the nomination of Amy Coney Barrett, and an electorate not giving her the benefit of the doubt as to qualifications. CNN reports: "Initial reactions to Barrett are among the worst in CNN and Gallup polling on 12 potential justices dating back to Robert Bork, who was nominated by Ronald Reagan and rejected by the Senate." Barrett has the distinction, along with Kavanaugh, of being "the only two for whom opposition outweighed support in initial polling on their nominations." A plurality does not want her confirmed, 46% to 42%, and 56% say she should recuse herself from any cases resulting from the 2020 election, including 32% of Republicans. Which leads us to the fight Democrats have to have against her confirmation. There's absolutely no downside to Democrats doing everything in their power, limited though it may be, to fight this.
Most of that fight is going to have to be in the Judiciary Committee. The No. 1 thing Democrats should be doing is boycotting the hearings and refusing to allow Lindsey Graham, the chairman, a quorum to conduct most of his business. With any number of Republican senators unavailable at any given time because of quarantine, Democrats need to be nimble and flexible in when they choose to participate. But senators, Democratic or Republican, aren't likely to miss an opportunity to get some video clips of themselves scoring points out there. Knowing they aren't going to give up a chance at their 15 minutes, they need to follow a plan. Chuck Schumer needs to make them do it.
For once, they have to coordinate. They have to find a single plan of attack and stick to it, with their questions coordinated and designed to build a narrative. Already we're seeing the opening—this is a rushed confirmation that Republicans are intent on ramming through before the election and in that rush, they're covering stuff up. We saw the initial evidence of that when Barrett did not submit a newspaper ad she signed on to in 2006 on behalf of a forced-birther group with the materials she provided to the Judiciary Committee—either for this nomination or for her 2017 nomination to an appeals court position. In the ad, she said she opposed "abortion on demand" and defended "the right to life from fertilization to the end of natural life." That's not all: In 2017, The Washington Post reports she didn't disclose her affiliation with the radical Christian group People of Praise. The group has scrubbed all references to her from its website. What else is she hiding?
In pushing that narrative, they should also have the less effective of their members step back. Let Sens. Kamala Harris (she has said she intends to participate), Amy Klobuchar, Mazie Hirono, and Sheldon Whitehouse—the sharpest interrogators—take the lead. They were the sharpest and most effective questioners in the Kavanaugh hearings and we need that acuity again now.
That's not the only Democratic coordination we need to have happen. Schumer should be quietly working with his conference and with House Speaker Nancy Pelosi on measures they can take to gum up the works for the Senate after the almost inevitable vote out of committee happens. There are things like War Powers resolutions Democratic senators can bring to the floor that will take precedent over a confirmation vote. Likewise, there are resolutions—most notably impeachment—that the House can send over that have to be considered before nominations. Note that this kind of coordination could be happening already. We're not supposed to see it. To be most effective, it can't be seen coming. McConnell is likely already figuring out how he can combat such measures, so Democrats have to be as wily in figuring out when and how to spring them. Which they should be working on. Right now.
Stopping this is going to be nearly impossible, barring the coronavirus continuing to sweep through Republican ranks and reducing the number of senators McConnell has available at any given time. But that doesn't mean Democrats are powerless, and it doesn't mean they shouldn't find every possible avenue for getting this delayed past the election. It probably won't work, but they've got to try it anyway.
For one thing, it will give them practice on coordinating their messaging and their efforts to reform the courts when they have the White House and Senate in 2021.