5 things to watch on Day Two of ACB’s confirmation hearing

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NOW I KNOW MY ACB -- The hearings to consider Judge Amy Coney Barrett for the Supreme Court are officially underway. Barrett and senators delivered their opening statements Monday, where each side offered a preview of their strategy in the confirmation battle.

Some notable moments: Sen. Mike Lee (R-Utah), who tested positive for coronavirus earlier this month, attended the hearing in person (and spoke without a mask) after he said he was cleared by his doctor … Over a dozen protesters in hazmat suits were arrested by the U.S. Capitol Police … And America’s favorite instagramming octogenarian, Sen. Chuck Grassley of Iowa, gave his social media followers a first-hand view of the scene. Here’s a recap of the day from Andrew and Marianne: https://politi.co/34Xl5mq.

BUT THE REAL ACTION will happen today, when the first round of questioning begins. Here are the top five storylines to watch:

— Do vulnerable Republicans seize the spotlight or stumble? The handful of endangered GOP lawmakers on the Judiciary Committee who are up for reelection, including Chairman Lindsey Graham, will be pulled away from the campaign trail these next few weeks. But the confirmation hearings offer a high-profile platform to have a viral moment and gin up their base of supporters. (Of course, it’s also a chance to commit a blunder.)

— How does Kamala Harris perform? The vice-presidential candidate, fresh off last week’s debate performance, will be under a bigger microscope than her other Democratic colleagues. And Harris, who is appearing virtually over Covid-19 concerns, is known as a fierce cross-examiner. But some Dems are worried about the optics of going aggressively after an accomplished female SCOTUS nominee.

— Is Dianne Feinstein up to the task? Some Democrats have been whispering concerns about whether the 87-year-old ranking member on the Judiciary Committee is capable of leading the party through another SCOTUS battle. Feinstein notably came under fire during a 2017 hearing for Barrett’s appeals court seat, when Feinstein told Barrett that “the dogma lives loudly within you.”

—Do Dems land any blows? This is their last best chance to craft their narrative before the election. Democrats are planning to hammer the idea that the Affordable Care Act is in jeopardy if Barrett is confirmed. And Dems are also expected to press Barrett on whether she will recuse herself from any cases related to the election and where she stands on Roe V. Wade.

— How much do we talk about ACB’s religion? During Day One of the confirmation hearings, Republicans tried to accuse Dems of attacking Barrett’s Catholic faith. But so far, those attacks have fallen flat, as Democrats have been careful to steer clear of any statements that could be seized upon as anti-Catholic bias by Republicans.

Related reads: “Amy Coney Barrett papers over rift between Trump and GOP,” via Burgess and Bres: https://politi.co/34RZ7RG; and “Showtime in a Potential Petri Dish,” from NYT’s Mark Leibovich: https://nyti.ms/36WqOLK.

THIS IS THE SONG THAT NEVER ENDS -- We’re nowhere closer to a deal on a coronavirus relief package, despite some last-minute haggling by Speaker Nancy Pelosi and Treasury Secretary Steven Mnuchin — and despite another plea to the GOP from Trump, who doesn’t have much political capital with his own party right now (more on that in a bit).

Senate Republicans trashed the potential deal during a weekend conference call, while Pelosi sent two letters to the Democratic caucus expressing disappointment with the progress. “This proposal amounted to one step forward, two steps back,” she wrote in one letter. And yesterday, Democratic leadership informed lawmakers that no votes are expected in the House this week — the most definitive sign yet that a deal is not imminent.

At this point, it’s unclear if Pelosi and Mnuchin will keep negotiating a deal, especially when it doesn’t look like many Senate Republicans are willing to get on board with whatever expensive package the duo comes up with. But since this whole process has been such a rollercoaster ride, we wouldn’t be surprised if there’s another twist around the corner.

One thing to watch for: Senate Republicans are now discussing holding a vote next week on a much narrower recovery bill than what Dems want, per Burgess, with the GOP eager to show they’re still trying to deliver much-needed aid to the American people. But Dems have rejected that piecemeal strategy as insufficient.

Related reads: “Pelosi stays firm on coronavirus relief as a few Democrats urge compromise,” from Roll Call’s Lindsey McPherson: https://bit.ly/34UNNUZ; and “Trump faces unusual barrier to COVID-19 aid: GOP allies,” by The Hill’s Mike Lillis and Scott Wong: https://bit.ly/30Xk24I.

FLIP IT GOOD -- Republicans on both sides of the Capitol are growing increasingly worried about their electoral prospects in November. Sen. Ted Cruz (R-Texas) warned of a potential “bloodbath of Watergate proportions” for the GOP, while other Republicans are dissing and distancing themselves from Trump more and more.

Over the weekend, Jaime Harrison, the Democratic challenger to Sen. Lindsey Graham (R-S.C.), announced that he raised a record-shattering $57 million in the third quarter. Meanwhile, the Senate GOP’s campaign arm is being forced to go on defense in traditionally red states like Alaska. And last week, the nonpartisan Cook Political Report predicted that House Democrats could flip as many as 15 more seats.

IT’S A FAR CRY from even a few months ago, when the GOP was still hopeful they could win back a good chunk of the swing districts that they lost in 2018. Those frontline Democrats — who came out of nowhere to win seats in places like Oklahoma and South Carolina — were dismissed as “flukes.”

But even some of the most endangered Democratic freshmen are actually holding up well so far — a sign of just how challenging the political environment is for Republicans, who haven’t locked down the lowest-hanging fruit on the House map. The smart analysis from Ally Mutnick: https://politi.co/33RkvqI.

Happening today, via Jessica Taylor (@jessicataylor) of Cook Political Report: “Heads up.....we have 3 Senate ratings changes coming tomorrow morning at@CookPolitical along with an overview of where the Senate battlefield stands three weeks out.”

Related reads: “‘Green tsunami’: Inside Senate Republicans’ financial freak-out,” by James Arkin: https://politi.co/3iXjP7r; and “McConnell warns Democrats are ‘on fire’ as GOP falls behind on fundraising and polling,” from CNN’s Michael Warren, Jeff Zeleny and Alex Rogers: https://cnn.it/2SNkduX.

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, October 13, where your Chicago-native host would like to congratulate LeBron James on his fourth NBA championship — but just remember, that’s still less than six rings. #JordanStillTheGOAT.

LAST FRIDAY’S MOST CLICKED: The State’s report on Democrat Jaime Harrison demanding that Sen. Lindsey Graham (R-S.C.) get another Covid test before the debate was the big winner (spoiler alert: he didn’t).

RESTING MITCH FACE -- Senate Majority Leader Mitch McConnell faced off in his first — and only — debate last night against his Democratic challenger, fighter pilot Amy McGrath.

Some notable quotes from the Kentucky Republican: “Do you want somebody from New York to be setting the agenda for America and not terribly interested in Kentucky? Or do you want to continue to have one of the four congressional leaders from our state looking out for Kentucky, giving Kentucky an opportunity to punch above its weight, providing extra assistance for Kentucky? That’s the question. She will transfer all of that to New York. I will keep it in Kentucky.” … “No one believes that the Supreme Court is going to overturn the Affordable Care Act.” More from the Louisville Courier Journal’s Morgan Watkins and Emma Austin: https://bit.ly/311RWVK.

THERE IT IS: “Biden, asked about expanding the Supreme Court, says he is ‘not a fan’ of the idea,” per NYT’s Sydney Ember and Katie Glueck: https://nyti.ms/2H1WK6k.

MODERN FAMILY -- Congress is on a quiet, bipartisan mission to bring the institution into the 21st century. WaPo’s Paul Kane has a good dispatch on the effort: “For almost two years, [Rep. Tom Graves] served as the vice-chair of the Select Committee on the Modernization of Congress, alongside Rep. Derek Kilmer (D-Wash.), the chairman, whom he now counts as a close friend. Their sleepy little temporary panel worked in the smartest fashion possible, forging early consensus on the relatively easy items and built toward tackling the politically challenging issues at the end.

“The result is one of the most important proposals to reform Congress, with more weight than the countless wonky blue papers cranked out by think tanks that did nothing but gather dust. This new offering came from within the building, six Democrats and six Republicans, forging common ground despite serving during a brutally partisan time.

“The panel’s early work centered on lower-profile matters that were nevertheless important, such as updating technology and providing training for lawmakers to learn how to manage offices and ways to inject more civility into the hyperpartisan chamber. Their final batch of recommendations, bringing the total to 97, focuses on ways to incentivize both lawmakers and staff to have more skin in the legislative game, proposals that would require the final say of House leadership.” More: https://wapo.st/3jY1hpg.

COVID IN THE CAPITOL: “Social distancing not common on Senate floor, despite McConnell’s claims,” by CNN’s Ted Barrett and Manu Raju: https://cnn.it/3jTSDIg.

TROUBLE IN TUBERVILLE? -- Senate Republicans are at least expected to win back Alabama, a must-win state where former Auburn University football coach Tommy Tuberville is challenging Sen. Doug Jones (D-Ala.). But Tuberville is coming under fire for his financial record. The latest from the AP’s Kim Chandler: “Tommy Tuberville’s quest for a seat in the U.S. Senate is powered by the reputation he gained as Auburn University’s football coach, where he led the team to an undefeated season.

“But in the years since, the Republican has been mired in business failings, a lawsuit and even a questionable charity that raises money but gives very little away. A hedge fund Tuberville helped start in 2009 was the subject of a criminal investigation in which Tuberville’s business partner pleaded guilty to fraud. Tuberville, who denied wrongdoing, later settled a lawsuit filed by investors who lost millions. In 2014, Tuberville started the Tommy Tuberville Foundation, which has given only a small portion of its money to charity while spending tens of thousands of dollars to stage annual golf tournaments.” More: https://bit.ly/33SRVFo.

QUITE A READ: “Senator Gary Peters Shares His Abortion Story,” via Laura Bassett of Elle Magazine: https://bit.ly/36Y0LUs.

CASH DASH -- House Minority Whip Steve Scalise (R-La.) will announce this morning a record-breaking fundraising haul, your Huddle host is told. By the numbers: Scalise raked in $52.7 million this cycle, which is the most for any GOP whip ever; he more than tripled his commitment to the NRCC, with $19.5 million pledged; and he posted the most digital fundraising of any House Republican, with $34 million raised online this cycle.

JAILHOUSE ROCK: “‘Inexplicable': Pensive Collins prepares for prison while blasting prosecutors, judge,” per Robert J. McCarthy of Buffalo News: https://bit.ly/3nNGjvB.

ENGAGED! -- John Leganski, floor director for House Minority Leader Kevin McCarthy, and Giulia Giannangeli, acting deputy assistant secretary for legislative affairs at the State Department, got engaged this weekend in St. Michaels, Md., celebrating back in Washington with family and friends. They met at Speaker Paul Ryan’s Christmas party in 2016, which turned into an after-party at Capitol Lounge and Tune Inn. Pic Another pic.


TRANSITIONS

Tim Itnyre is now COS for Rep. Paul Cook (R-Calif.). He most recently was district director for Cook.

Jenni Geurink is taking leave from the House Committee on Veterans’ Affairs to join Nicole Galloway’s campaign for governor of Missouri.

TODAY IN CONGRESS

The House and Senate are out.

AROUND THE HILL

The Senate Judiciary Committee continues to hold confirmation hearings for Trump’s nominee to the Supreme Court, Judge Amy Coney Barrett, at 9 a.m. in Hart 216.

TRIVIA

LAST FRIDAY’S WINNER: Patricia Bieze was the first person to guess that vice-presidential nominee Burton K. Wheeler debated an invisible President Calvin Coolidge, addressing an empty chair.

TODAY’S QUESTION: From Patricia: Two senators from different states are up for re-election in November 2020. One Senator is from a state with the county that has the highest rate of tax audits in the U.S. The other Senator is from a state with the county that has the lowest rate of tax audits in the U.S. Name the Senators and their states.

The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess to [email protected].

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