Mike Lee of Utah and Carol Roth of Carolina, sitting on the Judiciary Committee, were testing positive for Covid-19 on Friday – just days after attending a White House event where President Donald Trump appointed Barrett. Many attendees at that event, including Trump, tested positive in the weeks following the ceremony, with many not wearing masks and not observing social distance protocols.
The spokesman said Johnson did not attend Barrett’s nomination ceremony – where many people were found to have been exposed to the virus – as he was being separated from previous exposure, during which he tested twice negative for the virus, the spokesman said.
Unlike Democratic senators, Senate Republicans meet for lunch three times a week. And when they sit in a large room, they remove their masks to eat and speak. Johnson, Lee and Tillis all attended the Senate GOP lunch this week.
If three senators stay out this month, it will effectively prevent Barrett from being confirmed before the Supreme Court until he returns, which could be after election day during a lame-duck session. The confirmation of the lame-duck is a condition that the G.O.P. The leader is eager to avoid losing control of the chamber next month.
Indeed, Republicans are worried about getting enough votes to confirm a nominee in a lame-duck session after the election, if they lose a majority – and the White House – and Democrats prepare to take power in January. The fear is that one or two G.O.P. Senators can break ranks after seeing election results and quoting voters ’wishes.
Already, Sense. Susan Collins of Maine and Lisa Markowski of Alaska have indicated they will vote “no” if confirmed before the election, and may even vote against the nominee in a lame-duck session.
-4 53–47 With a Senate majority, Republicans cannot lose more than three senators to get the candidacy confirmed.
Senate Judiciary Chairman Lindsay Graham told CNN on Friday night that she plans to go ahead and hold a hearing from Oct. 12 and will try to approve the nomination by her panel by Oct. 22. Graham could hold a virtual confirmation hearing for Barrett, or hold a hearing. Personally but Lee and Tillis should be present from a distance if they are still in quarantine.
Graham will need a majority on his committee to approve the nomination, and the absence of Lee and Tillis could prevent it from happening if Democrats boycott the proceedings. But even if they do not have a quorum, Senate Majority Leader Mitch McConnell can always proceed with the nomination under the rules without a committee vote.
Johnson’s judge is not on the panel but will not be able to vote on the floor if he is not present. Johnson’s office said the Wisconsin senator reopened “shortly” after returning to Washington on Sept. 29 and was tested Friday afternoon.
“The test came back positive. Senator Johnson is feeling well and is not experiencing symptoms. He will be alone until further notice by his doctor,” Voelkel said in a statement.
Most of the staff in the Republican senator’s Washington office fee is working remotely, and the office will be all-virtual for the immediate future, Voekel said.
This story has been updated with additional background information and context.
CNN’s Megan Trimble and Terrence Burleigh contributed to the story.
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