1) The fact that three Republican senators have tested positive in less than 24 hours (two who are members of the Judiciary Committee) have called into question the safety of the Capitol

2) McConnell intends to intend Senate flr action until October 19. Does this slow down the confirmation process for Supreme Court nominee Amy Coney Barrett.?

3) McConnell says he plans to keep the Senate out of session until October 19 due to health concerns – but would forge ahead with a Judiciary Committee hearing for Barrett on October 12.

4) The House is not scheduled to be in session next week – unless there is an agreement on a coronavirus bill. House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steve Mnuchin are still negotiating.

5) But Fox is told by senior sources close to the talks Mnuchin is backing provisions which some GOPers oppose. This raises questions, considering where the President is with his health, if what is being negotiated is something he can sign.

6) Senate Republicans have had a daily, in-person lunch. Democrats have caucused virtually since March. Each Tuesday, Republicans then speak in the hallways at the microphones to a gaggle of reporters.

7) There are serious questions as to the safety of these practices – especially with the positive tests of Sens. Mike Lee (R-UT), Thom Tillis (R-NC) and Ron Johnson (R-WI).

8) We are unaware of positive cases among staff or Capitol workers. But one can see where more positive cases could imperil the speedy confirmation timetable for Barrett – especially if GOPers want to do this before the election.

9) McConnell and Judiciary Committee Chairman Lindsey Graham (R-SC) are signaling that the committee hearings for Barrett will start on October 12. That committee has had plenty of other hearings where witnesses and senators have beamed in remotely.

10) It’s hard to see what a hearing with Barrett would be any different than what they did last week former FBI Director James Comey.

11) There are 22 members of the Judiciary Committee, favoring the GOP 12-10. Graham has consistently said he plans to conduct a committee vote on the nominee on October 22 with a floor vote around October 29.

12) Any absences could create a problem. And, while proxy voting is permitted in Senate committees, such proxy votes are generally not permitted to break ties or be deciding votes.

13) In September, 2018, the Judiciary Committee forwarded the nomination of Supreme Court Justice Brett Kavanaugh to the floor 11-10. The full Senate later confirmed Kavanaugh 50-48.

14) But, remember it’s not written anywhere in the Constitution or the Senate rules that Supreme Court nominees require a successful committee vote before heading to the floor.

15) On October 6, 1987, the Senate Judiciary Committee voted 9-5 against a favorable recommendation for Supreme Court nominee Robert Bork. The committee then voted 9-5 to send Bork’s nomination to the floor with an unfavorable recommendation.

16) The full Senate later followed the committee lead, rebuffing Bork, 58-42. Bork became only the 11th High Court nominee rejected by the Senate in the history of the republic.

17) In 1991, the Senate Judiciary Committee deadlocked 7-7 to send the nomination of Supreme Court Justice Clarence Thomas to the floor with a favorable recommendation. The committee then voted 13-1 give Thomas no recommendation.

The Senate later voted to confirm Thomas, 52-48.

18) So, you don’t have to have a “favorable” vote in committee, regardless of the math breakdown, to put the nomination on the floor. But health concerns could slow this process, particularly trying to finish this before the election.