Why Barrett's hearing is generating less outrage than Kavanaugh's

The political environment surrounding the Kavanaugh confirmation process was scorching hot, but not like 2020’s. Barrett’s confirmation hearing is being overshadowed by the coronavirus pandemic — particularly the fact that the president and several Senate Judiciary Committee members have contracted COVID-19, with some infections quite likely having been spread at a White House reception honoring Barrett.

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But ultimately the strangest thing about this confirmation remains its proximity to a high-stakes election in which control of both the presidency and the Senate could very well change. That Barrett is being asked how she’d feel about deciding a presidential election that Trump has clearly already decided to contest if he loses is a reminder that another conservative justice isn’t the only present threat to the Constitution as we know it. Barrett’s confirmation, important as it is, cannot stand out starkly against a background so lurid and consequential as today’s.

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