Senate Minority Leader Charles Schumer, D-NY, and other Democratic leaders stand on the steps of the U.S. Capitol during a news conference after their boycott of the Senate Judiciary Committee hearing on the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court in Washington, D.C., U.S. October 22, 2020. REUTERS/Ken Cedeno
WASHINGTON 鈥� The Republican-led U.S. Senate Judiciary Committee on Thursday approved President Donald Trump鈥檚 nomination of Amy Coney Barrett to a lifetime Supreme Court seat despite a Democratic boycott, clearing the way for a final Senate confirmation vote planned for Monday.
By a 12-0 vote, the panel approved Barrett with all Republican members voting yes and the 10 committee Democrats boycotting the meeting after calling the confirmation process a sham. With Trump鈥檚 fellow Republicans holding a 53-47 Senate majority, Barrett鈥檚 confirmation appears certain.
Trump, who asked the Senate to confirm Barrett before the Nov. 3 U.S. election in which he is being challenged by Democrat Joe Biden, applauded the committee vote, writing on Twitter: 鈥淏ig day for America!鈥�
Barrett, 48, has been a federal appeals court judge since 2017 and previously was a legal scholar the University of Notre Dame in Indiana. Her confirmation would give the top U.S. judicial body a 6-3 conservative majority, including three justices named by Trump.
鈥淭he Senate majority is conducting the most rushed, the most partisan and the least legitimate process in the long history of Supreme Court nominations,鈥� Senate Democratic leader Chuck Schumer told reporters after the vote.
Judiciary Committee Chairman Lindsey Graham said the Democratic boycott was 鈥渢heir choice.鈥�
鈥淚t will be my choice to vote the nominee out of committee. We鈥檙e not going to allow them to take over the committee,鈥� Graham said.
The empty seats for the Democratic committee members had posters placed upon them bearing photographs of people who they argue would be hurt if the Affordable Care Act healthcare law, also known as Obamacare, is struck down as Trump has sought in a case to be argued before the justices on Nov. 10.
Barrett, nominated on Sept. 26 to succeed the late liberal Justice Ruth Bader Ginsburg, has criticized previous rulings upholding Obamacare but said during her confirmation hearing she has no agenda to invalidate the measure.
Democrats were incensed that Senate Republicans moved forward with Barrett鈥檚 confirmation process so near an election after refusing in 2016 to allow the chamber to act on a Supreme Court nomination by Trump鈥檚 Democratic predecessor, Barack Obama, because it was an election year.
Schumer called the Republican hurry to confirm Barrett 鈥渁 naked power grab鈥� through a 鈥渟ham vote,鈥� arguing that Republicans broke the committee鈥檚 own rules by approving the nomination without Democrats present.
No nominee to the Supreme Court has ever been confirmed by the Senate this close to a presidential election. More than 45 million ballots already have been cast. Majority Leader Mitch McConnell has planned a confirmation vote on the Senate floor on Monday.
鈥楲aw of Amy鈥�
Calling the committee vote 鈥渁 groundbreaking historic moment,鈥� Graham said of Barrett: 鈥淭he 鈥榣aw of Amy鈥� will not be applied to a case in controversy. It will be the law as written in the Constitution or by statute or whatever regulatory body she鈥檚 going to review. She will take her job on without agenda.鈥�
A favorite of Christian conservatives, Barrett frustrated Committee Democrats during her confirmation hearing last week by sidestepping questions on abortion, presidential powers, climate change, voting rights, Obamacare and other issues.
Trump has said he believes the Supreme Court will decide the election鈥檚 outcome and has made clear he wants Barrett on the bench for any election-related cases.
Republicans are hoping Barrett鈥檚 confirmation can give a boost to incumbent senators in the party facing tough re-election fights, including Graham in South Carolina and Judiciary Committee members Joni Ernst in Iowa and Thom Tillis in North Carolina.
Some on the left have floated the idea of expanding the number of justices 鈥� fixed by federal law at nine 鈥� if Biden wins to counter the court鈥檚 rightward drift in light of the actions of Senate Republicans in 2016 and now. Republicans have decried the idea as 鈥渃ourt-packing.鈥�
Biden told the CBS program 鈥�60 Minutes鈥� that if elected he would create a bipartisan commission of constitutional scholars to examine reforms for the 鈥渙ut of whack鈥� federal judiciary, saying there could be various alternatives to consider besides expanding the Supreme Court.
Graham said expanding the number of justices after presidential elections would mark 鈥渢he end of the independence of the court.鈥�