COVID creates logistical hurdles for one-on-one Supreme Court nominee meetings with senators

President Biden's forthcoming Supreme Court nominee will have to navigate a fiercely divided Senate to secure confirmation.  But the nominee's first hurdle will be a series of meetings with senators in a Capitol complex teeming with COVID cases.  

It has long been a tradition for Supreme Court nominees to visit with senators in a series of one-on-one meetings as a prelude to the formal confirmation hearings.  Nominees have often been accompanied by a "sherpa," often a former senator of the same party as the sitting president, to help the nominees ingratiate themselves. That person has been selected by the White House: former Alabama Senator Doug Jones, who also served as the U.S. attorney for the Northern District of Alabama from 1997 to 2001. 

The logistics for the one-on-one meetings will be more complicated this year. The Omicron COVID-19 variant is still wreaking havoc across the country, though the rate of new infections has been falling in Washington, D.C. However, the Capitol remains closed to visitors, many committee hearings continue to be staged virtually and masking protocols among staff and members of Congress are inconsistent.  

The possibility of virtual meetings between the nominee and senators is causing an early political fault line in a process that's likely to be fraught with political division.  

Senate Judiciary Committee chairman Dick Durbin, Democrat of Illinois, said he would not rule out virtual meetings for the nominee. Durbin said, "We're going to be very careful to protect the safety and health of every member as well as the nominee, whoever it may be."   

He said no decision has been made yet.  But when asked by CBS News about the possibility of Zoom meetings for the nominee, Durbin responded, "We have become so accustomed to zoom meetings, virtual contact, I don't see how it would slow down the process at all. In fact, practically speaking, it may speed it up. "

Senator Ted Cruz, Republican of Texas, told CBS News it would be "ridiculous" to stage virtual meetings with a Supreme Court nominee.  Cruz said, "The Senate is back in business. It's been two years. Yes, we should meet in person." 

Cruz said, "If they try to push for virtual meetings it's because they want to hide the nominee because they're afraid of scrutiny. I can tell you I'm doing in-person meetings with nominees from this administration every day. It would be ludicrous if they tried to hide the nominee from the advice and consent of the Senate."

The traditional meeting process was also altered in 2020, during the confirmation process of Amy Coney Barrett, which occurred before the approval of COVID vaccines. Barrett did not have a "sherpa," and instead was  escorted by then-White House chief of staff Mark Meadows and White House counsel Pat Cipollone. Meadows said Barrett did not have a sherpa because of concerns about the coronavirus.

Barrett was stationed in a room in the U.S. Capitol over several days, where she was visited by senators. In pre-coronavirus days, the nominees went to see senators in their offices.

In a memo to members of Congress Thursday, the Office of the Attending Physician said, "Breakthrough infections among Members and staff have not led to hospitalizations, serious complications, or deaths, attesting to the value of coronavirus vaccinations."  The memo said positive rates had declined from prior weeks, but recommended continued precautions.  The memo said, "All individuals should continue essential measures to reduce the spread of coronavirus. Congressional offices, Committees, and Agencies should continue to adopt a maximal telework posture to reduce in-person meetings and in-office activities to the maximum extent possible."

Iowa Senator Charles Grassley, the top Republican on the Senate Judiciary Committee, told CBS News, "In 2020, before a COVID vaccine was available, Justice Amy Coney Barrett safely attended in-person meetings with senators on Capitol Hill. With vaccines, boosters, KN95s readily available, there's no reason why the nominee can't meet face to face with senators this time around. Preventing such in-person discussions is a disservice to the nominee and the senators alike."

Senator Ben Cardin, Democrat of Maryland, in a statement to CBS News said,  "I am immensely looking forward to the opportunity to meet with President Biden's first nominee to the Supreme Court, however that meeting may be able to occur. Should that exchange need to occur virtually out of an abundance of caution due to the COVID pandemic, I would respect the discretion of Senate leadership and the nominee alike."

Because the Democrat-led Senate is split 50-50, when a Democrat contracts COVID or falls ill, it cripples the majority's ability to pass legislation. Already this year, Senate Democrats have been slowed by illness in their ranks — Senator Brian Schatz, of Hawaii, contracted COVID in January, and Senator Ben Ray Luján of New Mexico suffered a stroke this week.