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Photo: Chen Mengtong/China News Service via Getty Images

Democrats privately fear that going too hard on Judge Amy Coney Barrett in her confirmation hearings could wind up backfiring if senators are perceived as being nasty to an accomplished woman.

Driving the news: Yesterday afternoon, NBC posted a video of Barrett outside her house in South Bend, Indiana, loading four of her seven children — two of the seven adopted from Haiti, and another with Down syndrome — into her Honda Odyssey minivan, then driving them all to her Air Force ride to Washington. "Good luck, Democrats," a Republican tweeted.

Between the lines: Senate Democrats recognize the danger. A top Democratic strategist pointed to three pitfalls: "liberals mishandling this by boycotting or treating her with disrespect; [Sen. Dianne] Feinstein [top Democrat on the Judiciary Committee] screwing it up; someone looking like a religious bigot."

  • "One more fear on Barrett: the adoption thing," the strategist added. "Gotta avoid that."
  • Some liberals (not elected officials) tweeted slurs about adoption yesterday and were slapped down.

A top Senate Democratic aide said the party has a three-part plan for avoiding those traps: "Health care, health care, health care."

That's the Dem playbook:

  • Focus attacks and questioning on Barrett's views on health care, including the Affordable Care Act and reproductive rights.
  • Argue that she'd help take away coverage and protection during a pandemic.
  • Give the spotlight to Sen. Kamala Harris.
  • Stick to issues, including labor rights.

Democrats also feel boxed in by the calendar and the realities of the Senate.

  • Senate Judiciary Chair Lindsey Graham outlined four days of hearings beginning Oct. 12 — 16 days from nomination. (24 of the 42 Supreme Court justice who've had hearings were done within 16 days, Graham said.)
  • Graham, talking to "Judge Jeanine" Pirro on Fox News, said he plans to send the nomination to the full Senate by Oct. 26. That means the vote will most likely be held the week before Election Day.

Democrats know there's little they can do to stop any of that: Senate Majority Leader Mitch McConnell has the votes.

  • "We could slow it down — perhaps hours, maybe days at the most," Sen. Dick Durbin of Illinois, the second-ranking Democrat, said on ABC's "This Week."
  • "But we can't stop the outcome. What we should do is to address this, now, respectfully."

The Democratic base is pressuring senators "to go as far as boycotting the confirmation hearing," the WashPost reports.

  • But there won't be much of that. The top aide told me that would just speed up the hearing process and give Republicans a free platform to promote Barrett without scrutiny.
  • When Graham was asked on Fox about the possibility of Dems boycotting the hearings, the chairman chuckled and said, "Well, it'd make 'em quicker!"

Some Democrats on the committee may refuse the traditional courtesy calls with Barrett, however.

  • "The more things Democrats do that confer legitimacy on this process," a leading progressive operative said, "the less patient progressives will become with them."
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Go deeper

Updated Jan 4, 2021 - Politics & Policy

More Republicans denounce GOP plans to challenge election results

Sen. Ted Cruz (R-Texas) speaks with Sen. Lindsey Graham (R-S.C.) on October 15 in D.C. Photo: Bill O'Leary-Pool/Getty Images

More than a dozen House and Senate Republicans over the weekend attacked plans by colleagues to object to certifying 2020 election results, calling the effort ineffective, dangerous or lacking in evidence.

Why it matters: Although nearly all lawsuits brought by President Trump, his allies and his legal team to challenge election results have been dismissed, a group of Republican senators led by Ted Cruz says they will oppose certifying Joe Biden's win.

Kelly Loeffler says she'll object to Biden's Electoral College win

President Trump and Sen. Kelly Loeffler at a campaign rally at Dalton Regional Airport in Dalton, Georgia, on Monday. Photo: Alex Wong/Getty Images

Sen. Kelly Loeffler (R-Ga.) announced in a statement Monday she will "vote to give President Trump and the American people the fair hearing they deserve and support the objection to the Electoral College certification process."

Why it matters: Loeffler made the announcement on the eve of her crucial, tight Senate runoff election in Georgia Tuesday — held one day before the certification vote.

3 hours ago - Politics & Policy

Senate Democrats settling on 25% corporate tax rate

Sen. Joe Manchin (D-W.Va.). Photo: Chip Somodevilla/Getty Images

The universe of Democratic senators concerned about raising the corporate tax rate to 28% is broader than Sen. Joe Manchin, and the rate will likely land at 25%, parties close to the discussion tell Axios.

Why it matters: While increasing the rate from 21% to 25% would raise about $600 billion over 15 years, it would leave President Biden well short of paying for his proposed $2.25 trillion, eight-year infrastructure package.

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