This Committee may not be through the confirmation hearings for Judge Barrett, but we are now officially through the looking glass. As if ramming through confirmation hearings just two weeks after Judge Barrett’s nomination and less than three weeks before an election amid a pandemic affecting Committee members wasn’t enough of a sham, we are now proceeding to advance her nomination before her hearings have even concluded. Before we even have a chance to ask the nominee all of our questions. Before we have a chance to hear from all of the witnesses this Committee deemed necessary to provide input on the nomination. And apparently before this Committee has even reviewed all of Judge Barrett’s record.
Records of Judge Barrett’s undisclosed speeches and materials continue to pour in, including seven more last night. All were omitted from her questionnaire. I am not suggesting that Judge Barrett intentionally failed to disclose all of these records to the Committee. But I am absolutely suggesting that the Committee’s mad rush to confirm her has predictably resulted in a sloppy process and an incomplete record.
There is no reason why these deficiencies cannot be cured. There is no reason why this nomination cannot be delayed. If President Trump wins re-election, this Committee could take up Judge Barrett’s nomination in January. That process would be legitimate. This one is not.
Instead, this process is a caricature of illegitimacy. The fact that we had a nominee before Justice Ginsburg was even buried — in order to jam this nomination through before the election — will forever mark this process as the callous, political power grab that it is.