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Amy Coney Barrett continues questioning in supreme court hearing – watch live
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5.24pm EDT17:24
Supreme Court says Trump administration can shut down census count, as experts fear undercount
5.02pm EDT17:02
Today so far
4.42pm EDT16:42
Biden says Obama will hit the campaign trail
3.41pm EDT15:41
Second break in Barrett nomination hearing
3.01pm EDT15:01
Barrett: ‘I’m not here on a mission to destroy the Affordable Care Act’
2.29pm EDT14:29
Barrett declines to characterize Roe as a ‘super-precedent’
1.15pm EDT13:15
Today so far
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5.47pm EDT17:47
Mazie Hirono, the Democratic senator of Hawaii, referred back to Amy Coney Barrett’s use of the term “sexual preference” – criticizing it as “offensive and outdated”.
Barrett told California senator Diane Feinstein earlier “never discriminated on the basis of sexual preference.”
The term “is used by anti-LGBTQ activists to suggest that sexual orientation is a choice,” Hirono said. “It is not.” Barrett’s use of the term raised concerns about how she would rule on LGBTQ rights.
Barrett apologized but again refused to answer whether previous cases, including the one that ensured equal marriage rights, were decided correctly.
5.37pm EDT17:37
In her dissent, Sotomayor wrote: “The harms caused by rushing this year’s census count are irreparable. And respondents will suffer their lasting impact for at least the next 10 years.”
The Supreme Court ruling today put on hold a US Court of Appeals for the 9th Circuit ruling that said the Commerce Department, which runs the census, could not stop counting in early October. Plaintiffs in that case, which include the National Urban League, maintain that less time will result in an undercount of immigrants, low-income families, and other harder-to-count populations.
5.24pm EDT17:24
Supreme Court says Trump administration can shut down census count, as experts fear undercount
Hi there, it’s Maanvi Singh – reporting from the West Coast.
As senators continue to question supreme court nominee Amy Coney Barrett, the standing members of the court granted a Trump administration request to halt the census count while litigation continues.
Hansi Lo Wang 1️⃣8️⃣? DAYS
(@hansilowang)
BREAKING: The Supreme Court is setting aside for now a lower court order that extended #2020Census counting through Oct. 31, allowing the Trump administration to end counting soonhttps://t.co/85ZtoS6JfJ pic.twitter.com/JYM72i3Tsp
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Sonia Sotomayor, an Obama appointee, was the only one to note her dissent
The Trump administration said it needed to stop counting people immediately and move on to processing the data collected, in order to meet a statutory deadline. Lower courts ordered the census to go on through 31 October, but the administration filed an emergency request to put the counting on hold.
Census experts say stopping the count could result in significant undercounts.
The pandemic has significantly delayed census workers ability to count each person living in the US. But the administration – which in a separate court case is fighting to exclude undocumented immigrants from census counts used to apportion seats in Congress – is deeply invested in meeting a 31 December deadline too have state-by-state population totals sent to the president.
If Trump – who is lagging in national polls – loses the election, and the government is unable to process census data before he’d have to leave office at the end of the year, the new administration would be in charge of apportioning Congressional seats.
Updated
at 5.31pm EDT
5.02pm EDT17:02
Today so far
That’s it from me today. My west coast colleague, Maanvi Singh, will take over the blog for the next few days.
Here’s where the day stands so far:
The second day of Amy Coney Barrett’s nomination hearings is still unfolding. Members of the Senate judiciary committee have been posing questions to the supreme court nominee for eight hours, and six senators still have to speak.
Barrett deflected questions on her opinions of the Affordable Care Act, Roe v Wade and voting rights. Instead, the nominee repeatedly insisted that it would be inappropriate for her to offer opinions on major past cases until she joins the court.
Democrats reiterated their concerns that Barrett’s confirmation could jeopardize the ACA. “I’m not here on a mission to destroy the Affordable Care Act,” Barrett told the committee. “I’m just here to apply the law.” The court is scheduled to hear oral arguments in a case involving the ACA just one week after the presidential election.
Under intense questioning from Amy Klobuchar, Barrett declined to characterize Roe as a “super-precedent” case. Barrett has said she considers Brown v Board of Education, which ended racial segregation in schools, to be a super-precedent case because it will never be overturned given there are no challenges to it now. “I‘m answering a lot of questions about Roe, which I think indicates that Roe doesn’t fall in that category,” Barrett said. She added that her characterization does not necessarily mean Roe should be overturned.
Trump called for a massive coronavirus relief package, as Senate majority leader Mitch McConnell announced plans to vote on a standalone bill for small business loans. “STIMULUS! Go big or go home!!!” Trump said in a tweet.
Maanvi will have more updates from the hearing coming up, so stay tuned.
4.42pm EDT16:42
Biden says Obama will hit the campaign trail
In case you missed it this morning: Joe Biden indicated Barack Obama would soon be hitting the campaign trail to stump for his former running mate, with three weeks to go until the presidential election.
“He’s doing enough for our campaign. He’ll be out on the trail,” Biden said before leaving for Florida.
Obama has participated in virtual fundraisers for Biden, and the two filmed a “socially distanced conversation” in July, which focused on criticizing Trump’s response to the coronavirus pandemic.
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Biden similarly focused his speech in Pembroke Pines, Florida, today on criticizing the president’s handling of the pandemic.
The Democratic nominee told senior voters that Trump had treated America’s older citizens like they were “expendable” and “forgettable.”
“I prayed for his recovery when he got Covid. And I hoped he’d at least come out of it somewhat chastened,” Biden said of the president.
“But what has he done? He’s just doubled down on the misinformation he did before and making it worse.”
4.15pm EDT16:15
Picking up the same line of questioning as Republican Josh Hawley, Democrat Richard Blumenthal asked Amy Coney Barrett about the 2006 newspaper ad she signed onto that criticized Roe v Wade.
Barrett appeared to get a bit frustrated as Blumenthal pressed her on why she had not disclosed the ad in the records she submitted to the Senate.
Blumenthal noted that senators would not even be aware of the ad if the Guardian had not reported on it earlier this month.
Barrett emphasized she had “no recollection” of signing on to the ad, noting that it was difficult to compile 30 years of documents from her career.
“I assure you I’m not trying to hide” anything, Barrett told Blumenthal.
4.03pm EDT16:03
The second day of Amy Coney Barrett’s nomination hearings have now resumed, with Democrat Richard Blumenthal questioning the nominee.
Blumenthal opened his questioning by saying he was “disappointed” by Barrett’s refusal to commit to recusing herself from cases regarding the presidential election, given Trump has indicated he wants a ninth justice on the supreme court to help determine the winner of the race.
“It would be a dagger at the heart of the court and our democracy if this election is decided by the court rather than the American voters,” Blumenthal said.
3.41pm EDT15:41
Second break in Barrett nomination hearing
We have reached the second break in Amy Coney Barrett’s nomination hearing today. The Senate judiciary committee will reconvene in about 20 minutes.
3.39pm EDT15:39
Responding to questions from Republican Josh Hawley, Amy Coney Barrett addressed the 2006 newspaper ad she signed onto that criticized Roe v Wade.
“While I was free to express my private views at that time, I don’t feel like it is appropriate for me anymore, because of the canons of conduct, to express an affirmative view, at this point in time,” Barrett told Hawley.
The ad stated, “It’s time to put an end to the barbaric legacy of Roe v Wade and restore law that protects the lives of unborn children.”
Hawley later asked Barrett about her experiences raising seven children, noting she has a multiracial family.
Barrett said, “While my life experiences I think, I hope have given me wisdom and compassion, they don’t dictate how I decide cases.”
3.31pm EDT15:31
As Amy Coney Barrett’s nomination hearing continues in Washington, Joe Biden is campaigning in the crucial swing state of Florida.
The Democratic nominee kept his mask on as laid out his pitch to senior voters in Pembroke Pines. More
