The GOP's precise path to a pre-election SCOTUS vote Presented by

WAKE UP, FLAWLESS — The Senate GOP might just be on track to confirm Amy Coney Barrett to the nation’s highest court before Election Day, but absolutely everything must go right. The White House and Senate GOP are taking every precaution necessary to avoid a single misstep in the next four weeks that could push the vote until after the election — which would carry huge political backlash.

The GOP is already moving at turbospeed. By the end of today, Barrett is set to have met with roughly a third of the Senate GOP and is already beginning prep sessions — on issues such as Obamacare and abortion rights, as well as character issues — for her confirmation hearing in 12 days. White House Counsel’s officials spent much of the weekend mapping out a schedule for Barrett, who has two weeks to undergo refresher courses on everything she might face on the stand. The story from Burgess, Gabby Orr and Bres: https://politi.co/3cIZX6y .


As part of the GOP’s march toward a vote, the Senate Judiciary Committee released Barrett’s responses to their lengthy questionnaire late Tuesday night. In it, she did not commit to recusing herself from cases related to the outcome of the 2020 presidential election — an answer sure to rile up Democrats. More from Andrew and Marianne: https://politi.co/2ScEv0k .

Democrats, meanwhile, are rolling out delay tactics. That included an unusual maneuver by Senate Minority Leader Chuck Schumer on Tuesday, in which he seized control of the floor to force a vote on the Trump administration’s attempt to dismantle the Affordable Care Act. Schumer filed cloture on his own bill — a relatively unknown procedure that surprised even some senators — to make GOP senators go on the record on the ACA lawsuit amid the Supreme Court battle. (Even senior Hill reporters said they’d only seen it happen once in their careers.). More from Marianne and Susannah Luthi: https://politi.co/33gZeXr .

But the GOP is already hinting at retaliation for those opposition slowdowns — by confirming more even more judges and more executive nominations, as Burgess reports: https://politi.co/36eTUFT .

Related read: “Democrats Pressure Trump Court Pick Barrett on Election Recusal,” via Bloomberg’s Jordan Fabian and Laura Litvan, https://bloom.bg/2ScNxut . “Demand Justice launches seven-figure ad buy for SCOTUS fight” via Marianne https://politi.co/2Se71i4 .

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NO REALLY, LAST CHANCE — Months of failed coronavirus aid talks between Speaker Nancy Pelosi and Treasury Secretary Steven Mnuchin are down to the final hours. Barring some kind of bipartisan breakthrough by midday today, Democrats will push ahead with their own package and then leave town. That means any more relief — for America’s unemployed, for schools, for local governments, for airlines, for restaurants — is on hold for another six weeks at least.

Democrats say they hope for a GOP counter-offer by noon. But they’re ready in case it all collapses (again): The House Rules Committee will meet at 9 a.m. to tee up the bill for a vote later this week. Heather, Mel and Sarah have the latest deets: https://politi.co/3ijw4uS .

Meanwhile, pressure in the Democratic caucus has reached boiling point. More than 20 centrist Democrats signed a letter to Pelosi and Hoyer warning that a GOP discharge petition “is the only potential option for COVID-19 related action” on the floor if the House doesn’t tee up a vote this week. Read the letter here: https://bit.ly/30jEnkp

Related: “Steven Mnuchin’s Deal Staved Off Catastrophe. Can He Make Another One?” via the New York Times Magazine’s Jason Zengerle https://nyti.ms/2HxCkT1 .

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, September 30, where we skipped debate watch parties but can appreciate drink specials like “Betsy DeVodka” and “#SaveTikTok.” You definitely needed something strong for that one.

TUESDAY'S MOST CLICKED: New York Magazine’s report on Sarah Palin potentially eying a challenge to Sen. Lisa Murkowski (R-Alaska) was the big winner.

HOURS TO SPARE — Not trying to jinx it, but Congress is poised to avert a disastrous pre-election, mid-pandemic shutdown. The Senate today is expected to clear a short-term funding bill that keeps the government open through Dec. 11, punting the annual chore of passing new spending bills until the lame duck.

But, of course, bipartisan agreement on 12 funding bills before January is a huge left for a Congress already at peak dysfunction. Even the continuing resolution was nearly derailed last week over partisan squabbles over farm aid and pandemic-related nutrition assistance. More from our Caitlin Emma: https://politi.co/30ePhrx

HEAD SCRATCH EMOJI — U.S. Director of National Intelligence John Ratcliffe raised eyebrows on Tuesday when he released a Russian intelligence assessment alleging that Hillary Clinton personally approved an effort “to stir up a scandal” by tying Trump to Putin and the Russian hacking of the DNC.

But those same claims — which Ratcliffe released hours before the first Trump-Biden debate — had already been rejected by Democrats and Republicans on the Senate Intelligence Committee. That means the country’s top intelligence official declassified Russian disinformation that he acknowledges might be exaggerated or fabricated by the Russians. And yes, Trump did mention it during the debate. The story from Andrew and Daniel Lippman: https://politi.co/348qF4W

Related: “Mueller in rare statement pushes back on top aide's criticism of investigation” via The Hill’s J. Edward Moreno, https://bit.ly/2Gj7rRK . “Schiff subpoenas DHS over whistleblower complaint,” via our Caitlin Oprysko https://politi.co/3kZAF7f

STRADDLING THE SCOTUS FIGHT — Sen. Joni Ernst (R-Iowa) is right there with her GOP colleagues to speedily confirm Amy Coney Barrett before Nov. 3. But in one of the tightest Senate races in the country, both Ernest — and her Democratic opponent Theresa Greenfield — are treading carefully in the precarious Supreme Court fight that both sides fear could backfire on them in the neck-and-neck contest.

Ernst, for example, has said that Roe v. Wade will likely stand even if Barrett is confirmed, a clear attempt to downplay the threat to abortion rights and avoid riling up liberal voters. And Greenfield, for her part, is avoiding any perception of disrespecting Barrett, a highly accomplished woman from the Midwest. “I hope all senators take the time to carefully review and get to know the nominee,” Greenfield said in an interview. The dispatch from Iowa from James Arkin https://politi.co/36hVAOH .

Related: “Georgia election to fill Rep. John Lewis’ term goes to runoff,” via Roll Call’s Stephanie Akin https://bit.ly/2GnbkFa . “Early surge of Democratic mail voting sparks worry inside GOP” by WaPo’s Amy Gardner and Josh Dawsey https://wapo.st/3cJKyTS

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DONALD WHO? JOE WHO?— As the Senate ad wars come down to the wire, both parties are still skirting around their opponent’s presidential nominees in their final TV pitch to voters. For Senate Republicans, Joe Biden has proven to be much less of a boogeyman than Speaker Nancy Pelosi or even Rep. Alexandria Ocasio-Cortez. And Senate Democrats have mostly decided not to go after President Donald Trump, since they’re looking to pick up seats in states like North Carolina and Iowa that voted his way in 2016.

In all, 95% of broadcast television spots in competitive Senate races in recent weeks were neither anti-Trump nor anti-Biden, CNN reports. The biggest star of the GOP’s attack ads was Pelosi, who showed up in more ads than Trump or Biden combined. The story from CNN’s Alex Rogers and Manu Raju: https://cnn.it/3n3eq1X .

Related: “The battleground states that might count election results the slowest” by WaPo’s Kate Rabinowitz https://wapo.st/2GgIJl0 . “Postal Service workers quietly resist DeJoy’s changes with eye on election,” by WaPo’s Jacob Bogage https://wapo.st/349DCv5 .

TRANSITIONS

Kristen Hawn is joining ROKK Solutions as a partner. She most recently has been an outside senior adviser there, and is a longtime Democratic strategist.

TODAY IN CONGRESS

The House meets at 11 a.m.

The Senate meets at noon.

AROUND THE HILL

House GOP leaders unveil the final China Task Force Report. 10 a.m. Rayburn Room H-207.

Democratic Caucus Chairman Hakeem Jeffries (D-N.Y.) and Vice-Chair Katherine Clark (D-Mass.) hold a press conference at 10:30 a.m. in HVC Studio A.

House Majority Leader Hoyer holds a pen and pad briefing via conference call at 11:30 a.m.

TRIVIA

TUESDAY’S WINNER: Jamie Gillespie was the first person to guess that Supreme Court justice William Mody made his name early in his career as a prosecutor on the trial of Lizzie Borden in 1893 for the murder of her father and step-mother in 1892.

TODAY’S QUESTION: From Jamie: During Prohibition, what was the real name of the bootlegger known as the Man in the Green Hat who ran his operation out of first the Cannon House Office Building and then the Russell Senate Office Building? 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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