The Senate Judiciary hearings for Supreme Court nominee Amy Coney Barrett begin on Monday, and while Lindsey Graham may be in charge of the proceedings, all eyes will be on Kamala Harris.
Sen. Kamala D. Harris (D-Calif.) went viral twice when she questioned Supreme Court nominee Brett M. Kavanaugh at his volatile confirmation hearing two years ago.
She scored a hit when she pressed the nominee on whether he knew of any laws that tell a man what to do with his body, as abortion laws do for women, flustering Kavanaugh and prompting him to say he did not.
But she also pushed him on whether he’d discussed the Mueller investigation with anyone at a law firm linked to President Trump — adding ominously, “Be sure about your answer, sir.” Kavanaugh appeared mystified and ultimately said no, leaving Republicans furious and Democrats unsure what Harris was getting at.
Those moments illustrate the power Harris’s prosecutorial skills have to energize Democrats and elevate her profile, but also the risk for controversy she faces in high-profile hearings like these.
Starting Monday, Harris will again be at the center of an explosive nomination battle — this time in an unprecedented role as a member of a presidential ticket participating in a divisive Supreme Court hearing just three weeks before Election Day.
As Joe Biden’s running mate, she faces an especially delicate task: appearing tough enough to satisfy liberals upset with Amy Coney Barrett’s nomination, but restrained enough to support Biden’s outreach to disillusioned Republicans.
At the same time, she is auditioning as a possible future president. “If I were Kamala Harris, I would try to [give] off the most presidential demeanor possible,” said Mike Davis, a Republican Judiciary Committee counsel during the Kavanaugh hearings. “Her job is to be presidential.”
Harris’s aides say she will leave the campaign trail this week to focus fully on the hearing. Despite her national profile, Harris will be among the Judiciary Committee’s most junior members at a potentially raucous proceeding where everyone will be masked, several senators facing reelection will need to score points, and two members may participate remotely due to coronavirus infections.
In many ways, the stakes are higher this time. Barrett’s confirmation would create a 6-3 conservative majority on the Supreme Court, an outcome Democrats warn would threaten abortion rights, the Affordable Care Act, LGBTQ protections and more.
Democrats should expect to see the confident Harris we saw in last week's Vice-Presidential debate, especially when she gets interrupted (I promise you she will be) by Lindsey Graham. What Democrats shouldn't expect is Harris somehow stopping this nomination herself. Graham will have this nomination through the committee by the end of the week, and the real battle will be next week when the full Senate returns to business and holds a floor vote on a Supreme Court nomination just days before the election.
Senators have been preparing for the possibility of a vacancy for months. Senate Republicans vowed in May that they’d fill an opening this year, shortly after Ginsburg was hospitalized. That same month, Senate Democratic leadership and Judiciary Committee aides began to plan for a possible vacancy, according to a Democratic leadership aide. In these discussions, Democrats strategized on their messaging, including maintaining a focus on health care.
With no procedural tools to stop Barrett from getting confirmed to the Supreme Court, the only weapon Democrats have is messaging. But Brian Fallon, executive director of the liberal Demand Justice group, says that Democrats on the Judiciary Committee have been “sleepwalking” so far.
“Dianne Feinstein, Chris Coons, Dick Durbin have been going around sulking about how the Republicans have the votes. And they ought to be convincing the country about what a partisan power grab this is,” said Fallon, whose group is spending millions against Barrett’s nomination. “Get passionate.”
Coons responded that he will be as “passionate and forceful” as he can be.
“There are some folks who are literally never happy no matter what we do,” he said.
Democrats will scrutinize Barrett’s previous writings on Obamacare, including her criticism of Chief Justice John Roberts for ruling to uphold the law. Her views on abortion will also come up. She has described abortion as “always immoral,” but she’s also suggested that Roe v. Wade will endure in some form.
“This nominee poses a clear and present danger to everybody’s health care, that should be uppermost in everyone’s minds, but that’s only the start,” said Sen. Mazie Hirono (D-Hawaii.), who also sits on the Judiciary Committee. “She has a position on abortion.”
Democrats hope their questions create tension between the committee’s conservatives who want the ACA repealed and Roe struck down and those up for reelection who are staying away from such suggestions.
Schumer refused to directly comment on how Senate Republicans’ confirmation of Barrett might affect key Senate races. Ever the optimist, he said that this is a fight like the one to save Obamacare, when Schumer helped convince former Sen. John McCain (R-Ariz.) to tank his party’s repeal effort.
“This is our job to push this as hard we can, knowing it’s not an easy fight, knowing that Trump is a vindictive guy and anyone who goes against him has suffered,” Schumer said of Senate Republicans who tangle with the president.
Yet there were always enough senators complaining about Obamacare repeal to conceivably tank the bill. When it comes to Barrett, only two of 53 GOP senators oppose her confirmation before the election. Getting two more looks borderline impossible.
Still, Harris should be able to provide more than a few memorable moments. And let's not forget that Susan Collins and Graham himself are both locked in the toughest Senate races of their respective careers right now against Democratic challengers that have both handily outraised them. Jamie Harrison especially has dominated Lindsey Graham's fundraising totals, including a record $57 million third quarter haul to besiege Graham in the final days.
It should be a solid fight.
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