Amy Coney Barrett begins Supreme Court confirmation hearing

Sen. Chris Coons, a Delaware Democrat, hit on what he called the dangers of holding the hearing after two members of the committee have tested positive for COVID-19 and even more have come in contact with someone who has tested positive in recent days -- calling it a “rushed, hypocritical, partisan process [that] should not proceed.”

“This is an ongoing national emergency and as an exercise in civics, not politics, we in Congress should be working day and night to deliver them that [COVID] relief. Instead my colleagues are barreling forward with a confirmation hearing that's distracting from our responsibility to our constituents and threatens to further tear our nation apart,” Coons said.

Coons added, “Proceeding with this nomination at this time will do harm to what remaining trust we have in each other, the Senate as a whole and potentially to the court itself.”

As with Democrats before him, he humanized the Affordable Care Act by recalling stories of constituents who have relied on the law, and he said he doesn’t think the timing of Judge Barrett's nomination is any “coincidence.” 

“It is beyond ironic this administration, which has failed to respond to this pandemic, is rushing through a judge they believe will vote to strip away health care protections,” he said. 

“Judge Barrett I'm not suggesting you made some secret deal with President Trump. But I believe the reason you were chosen is precisely because your judicial philosophy as repeatedly stated could lead to the outcomes President Trump has sought. And I think that has dramatic and potentially harmful consequences with regards to the election, the Affordable Care Act and long-settled rights,” he said.

Sen. Amy Klobuchar, D-Minn., a former prosecutor, took the Democratic case directly to the American people in her opening statement, telling them to call Republican senators and tell them "enough is enough."

“Why, Senator Cruz, does President Trump matter?” she began in response to her GOP colleague immediately preceding her. “He is putting the Supreme Court in place in his words to, quote, ‘look at the ballots,’ end quote.”

“Well, I won't concede that this election is headed to the courts because you know at home exactly what the president is up to. That's why you are voting. That's why you are voting in droves. Why are you voting? Well, you know that your rights, your health care is on the line.”

Klobuchar emphasized that Judge Barrett has been critical on multiple occasions of the court upholding the Affordable Care Act -- and the timing of its oral arguments on its fate on Nov. 10. 

“To the women of America, we have come so far and in the name of RBG. We should not go backwards,” she said. "This isn't Donald Trump's country. It is yours.”

“This shouldn't be Donald Trump's judge. It should be yours."  

Sen. Ted Cruz, R-Texas, ticked off a list of Judge Barrett’s accomplishments and gave a misleading statement on where Republicans have historically stood on preexisting conditions. 

"Every single member of the Senate agrees that pre-existing conditions can and should be protected. Period. The end,” Cruz said. "There is complete unanimity on this." 

But Cruz is the senator whose filibuster in 2013 shut down the government over the Affordable Care Act which covers preexisting conditions.

Cruz, appearing virtually, tested negative for COVID-19 but has been self-quarantining after coming into contact with Lee, who tested positive yet delivered his opening statement in-person and without a mask.

Sen. Sheldon Whitehouse, D-R.I., deemed Judge Barrett’s nomination and President Donald Trump’s inability to keep the White House safe from COVID-19 both “an irresponsible botch.”

“America is worried about one thing above all else right now and it's our health. This hearing itself is a microcosm of Trump's dangerous ineptitude in dealing with the COVID pandemic. Trump can't even keep the White House safe. Here it's the chairman's job to see to the committee's safety. And though his words were reassuring, I don't know who has been tested,” Whitehouse said, noting that Graham didn't release the results of a second test.

“The whole thing, just like Trump, is an irresponsible botch. The irony is that this slapdash hearing targets the Affordable Care Act,” Whitehouse said. 

He went on to say Americans see this nomination as an “ugly hasty hypocritical power grab” and that “they know what it means for their health care in the midst of a pandemic.”

“For Republicans, there is no washing your hands of responsibility for the results that your president has told us will ensue,” he added.