11 October 2020
Democrats are heading into this week's confirmation hearings for Amy Coney Barrett with one overarching goal: protect Joe Biden's election.
Why it matters: They have little chance of stopping Barrett's confirmation unless more Republican senators test positive for the coronavirus or there's a truly unexpected disclosure, which sources from both parties say is unlikely.
- So Democrats are instead hoping to use the hearings as an opportunity to mobilize voters on key issues, like health care and voting rights.
- But they also recognize they risk energizing Republicans if they go too far in their attacks, and they're hoping to minimize self-damage when pressing her on topics about abortion and her deeply conservative religious views.
The other side: Republicans plan to play it safe and confirm Barrett as quickly as possible.
- They plan to redirect a lot of their time with Barrett to fanning the notion that if Biden is elected, Democrats will pursue Supreme Court packing to dilute a conservative lock.
Behind the scenes: Senate Judiciary Democrats have been regularly meeting over the past few weeks to strategize and divvy up their lines of attack.
- They plan to press Barrett to recuse herself from cases directly involving the November election and will lean into fears about what a 6-3 conservative court that includes her could do to unravel protections for voting rights and for health insurance coverage of preexisting conditions.
On abortion and religion: People on both sides believe Barrett's addition to the court could roll back abortion rights. But a real or perceived attack on her Catholic faith by Democrats on the committee could hurt Biden in close states.
- Some Democratic voters oppose abortion, or are sensitive to any appearance of religious persecution.
- Barrett’s past comments about the role of precedent could provide a safer opening.
Barrett will likely stick to the same refrain every modern nominee does. Expect her to say time and time again that she would give every case a fair hearing and would not want to prejudge a case or an issue now that she could very well have to decide if she’s confirmed.
- That repetition can get frustrating during a hearing, especially with nominees — like Barrett — whose writings and rulings do provide a fairly grounded sense of how she’s likely to rule. But it’s worked well enough for every other nominee in the past 30 years.
The bottom line: If Barrett is confirmed, the Supreme Court will have the potential to curb Democrats’ agenda for decades.
Go deeper:Read Barrett's opening statement
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.