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Senate confirms Amy Coney Barrett to the Supreme Court

The Senate reached the majority number of votes necessary on Monday to confirm Judge Amy Coney Barrett to the Supreme Court. She is expected to be sworn in within hours.

Why it matters: President Trump and Senate Republicans have succeeded in confirming a third conservative justice in just four years, tilting the balance of the Supreme Court firmly to the right for perhaps a generation.


  • The vote, which comes 38 days after the death of Justice Ruth Bader Ginsburg and just eight days before Election Day, capped off a confirmation process that Senate Democrats widely condemned as "illegitimate."
  • The transformation of the Supreme Court could be Trump and Senate Majority Leader Mitch McConnell's defining legacy. It could also be the prelude to major court reforms if Democrats win the White House and Senate.

Worth noting: Sen. Susan Collins (R-Maine) was the sole Republican to vote against Barrett's confirmation.

What to watch: Barrett could weigh in immediately on election-related cases piling up, including emergency petitions on extending deadlines for counting absentee ballots.

  • Moments before the vote began, the Supreme Court announced it had rejected Wisconsin Democrats' request to reinstate an extension of the deadline for counting absentee ballots to six days after Election Day, as long as they were postmarked by Nov. 3.
  • Trump has previously said he wants nine justices on the Supreme Court in case it has to decide the results of the 2020 election.

The court is also scheduled to hear a case on LGBTQ rights and religious freedom on Nov. 4, followed by Nov. 10 arguments on the Affordable Care Act.

  • Democrats framed their opposition to Barrett largely around the ACA case, arguing that Trump wants her on the court to strike down President Obama's signature health care law and strip away pre-existing conditions protections for millions of Americans.
  • During her confirmation hearings, Barrett defended a past writing in which she criticized Chief Justice John Roberts' opinion upholding the ACA in 2012, insisting that she is "not hostile" toward the law or any other statute passed by Congress.

The other side: Joe Biden told "60 Minutes" this week that, if elected, he would put together a bipartisan commission to study the federal court system and make recommendations for reform — a response to pressure from progressives to expand the Supreme Court in retaliation for Barrett's confirmation.

  • The announcement came after Biden told an ABC town hall audience that he would come out with a clear position on court packing by Nov. 3, but that his answer would depend on how Barrett's confirmation is "handled."

Go deeper: How Amy Coney Barrett will make an immediate impact

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U.S. and Israel to reconvene Iran working group ahead of potential nuclear talks

The United States and Israelhave elected to reconvene a strategic working group on Iran, with the first round of talks on intelligence surrounding the Iranian nuclear program expected in the coming days, Axios has learned.

Why it matters: President Biden and Israeli Prime Minister Benjamin Netanyahu have sharply contrasting views of the 2015 Iran nuclear deal, but the resumption of the working group is a signal that their governments are starting with a serious and professional dialogue rather than a political fight.

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National security adviser Robert O'Brien takes wife on COVID-era tour of Europe

National security adviser Robert O'Brien is taking his wife on a holiday tour of the romantic Mediterranean and European capitals, including seeking a private tour of the Louvre despite it being closed because of coronavirus restrictions, people familiar with the trip tell Axios.

Why it matters: The White House announced the Paris stop shortly after an inquiry from Axios, but the entirety of the trip — which also includes stops in Tel Aviv, Rome and London — is causing consternation among O'Brien's hosts and questions about the need for his wife to tag along.

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Lord & Taylor, America's oldest department store, files for bankruptcy

Lord & Taylor filed for Chapter 11 protection in Richmond, Virginia, on Sunday, Bloomberg first reported.

Why it matters: The 194-year-old luxury department store chain is the oldest in the United States. It's the latest retailer to declare bankruptcy during the coronavirus pandemic.

Go deeper: The impending retail apocalypse

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