Senate GOP’s third positive covid case threatens quick Barrett confirmation

Sens. Mike Lee of Utah and Thom Tillis of North Carolina, who both sit on the Judiciary Committee, tested positive for Covid-19 on Friday — just days after attending a White House event where President Donald Trump nominated Judge Amy Coney Barrett for the Supreme Court. Multiple attendees of that event, including Trump, have tested positive in the week since the ceremony, which featured many people not wearing masks and not observing social distancing protocols.

Johnson did not attend nomination ceremony because he was quarantining from a prior exposure, during which he twice tested negative for the virus, Johnson spokesman Ben Voelkel said in a statement Saturday.

If the three senators remain out this month, it would effectively prevent Barrett from being confirmed to the Supreme Court — given Republicans’ 53-47 majority in the chamber — until they return, which could be after the November elections during a lame-duck session. A lame-duck confirmation is a situation that GOP leaders are eager to avoid in case they lose control of the chamber next month.

Confirmation hearings could go on without Lee and Tillis, both of whom met in person with Barrett earlier this week, and could participate virtually in the hearings.

Senate Judiciary Chairman Lindsey Graham said he needs the two senators to be back by October 15, when the committee will begin its debate of the nomination after the hearings are done. The South Carolina Republican said he expects the members who have tested positive to be back in time for a committee vote on October 22.

The concern is if Democrats boycott the committee vote, the GOP may not have a quorum for that vote if both senators are absent. The committee rules require a majority of members on the panel to be present for a quorum. But even if they don’t have a quorum, Senate Majority Leader Mitch McConnell can always advance the nomination to the floor under the rules.

Johnson’s office said the Wisconsin senator was again exposed “shortly after” returning to Washington on September 29 and was tested Friday afternoon.

“This test came back positive. Senator Johnson feels healthy and is not experiencing symptoms. He will remain isolated until given the all-clear by his doctor,” Voelkel said in a statement.

Most of the staff in the Republican senator’s Washington office have been working remotely, and the office will go all-virtual for the immediate future, Voelkel said.

This story has been updated with additional background information and context.

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