Trump’s Supreme Court pick lauded as ‘unashamedly pro-life’ in hearing’s third day

By Lawrence Hurley, Patricia Zengerle and Andrew Chung

WASHINGTON (Reuters) – President Donald Trump’s Supreme Court nominee Amy Coney Barrett faced fresh questioning at her Senate confirmation hearing on Wednesday, with the panel’s Republican chairman lauding her as “unashamedly pro-life” even as Democrats worry that she could vote to overturn the 1973 ruling legalizing abortion nationwide.

Barrett, a conservative federal appellate judge who is the Republican president’s third selection for a lifetime job on the top U.S. judicial body, was in the third day of her four-day Senate Judiciary Committee confirmation hearing.

“This is history being made folks,” Senator Lindsey Graham, the chairman of the panel, said. “This is the first time in American history that we’ve nominated a woman who is unashamedly pro-life and embraces her faith without apology, and she’s going to the court. A seat at the table is waiting for you.”

“It will be a great signal to all young women who share your view of the world,” Graham added.

Under questioning by Graham, Barrett reiterated her comments from Tuesday that the landmark 1973 Roe v. Wade ruling that recognized a woman’s constitutional right to abortion was not a “super-precedent” that could never potentially be overturned.

Barrett, a devout Catholic and a favorite of religious conservatives, told the committee on Tuesday she could set aside her religious beliefs in making judicial decisions.

Barrett would be the fifth woman to serve on the court and the second Republican appointee.

During 11 hours of questioning on Tuesday, she sidestepped questions on contentious social issues and told the committee she had no agenda on issues such as the Affordable Care Act, popularly known as Obamacare. Democrats say Barrett’s confirmation would threaten healthcare for millions of Americans and they have said the Senate should not consider filling the vacancy until after the presidential election.

Barrett, 48, would tilt the court even further to the right, giving conservative justices a 6-3 majority. Republicans have a 53-47 Senate majority, making Barrett’s confirmation a virtual certainty.

Barrett has declined to say whether she would recuse herself from the major Obamacare case to be argued on Nov. 10, in which Trump and Republican-led states are seeking to invalidate the law. She said the case centers on a different legal issue than two previous Supreme Court rulings that upheld Obamacare that she has criticized.

In response to Democratic suggestions that she would vote to strike the entire law down if one part is found to be unlawful, Barrett on Wednesday told Graham that when judges address the legal question raised in the case, the “presumption” is that Congress did not intend the whole statute to fall.

Barrett agreed with Graham that if a statute can be saved, it is a judge’s duty to do so. Barrett indicated she was in favor of a broad reading of the “severability doctrine” in which courts assume that when one provision of a law is unlawful, Congress would want the rest of the statute to remain in place.

“I think insofar as it tries to effectuate what Congress would have wanted, it’s the court and Congress working hand in hand,” Barrett said of the doctrine.

Barrett on Tuesday also refused to say whether the 2015 ruling legalizing gay marriage nationwide was wrongly decided. Barrett deflected Democrats’ questions about whether she would participate in any dispute resulting from the Nov. 3 presidential election, promising only to follow rules giving justices the final say on recusal.

Trump has urged the Senate, controlled by his fellow Republicans, to confirm Barrett before Election Day. Trump has said he expects the Supreme Court to decide the election’s outcome as he faces Democratic challenger Joe Biden.

The hearing is scheduled to end on Thursday with testimony from outside witnesses, with Republicans already preparing for committee vote next week.

Trump nominated Barrett to a lifetime post on the court on Sept. 26 to replace the late liberal Justice Ruth Bader Ginsburg. The four-day confirmation hearing is a key step before a full Senate vote due by the end of October on Barrett’s confirmation.

(Reporting by Andrew Chung in New York and Lawrence Hurley and Patricia Zengerle in Washington; Editing by Will Dunham)

Michigan governor signs bill giving state clerks more time to count absentee ballots

DETROIT (Reuters) – Michigan Governor Gretchen Whitmer on Tuesday signed into law a bill that gives clerks in larger cities of the battleground state an extra 10 hours to open and sort, but not count, absentee ballots in a move to speed the Election Day counting process on Nov. 3.

Whitmer and Secretary of State Jocelyn Benson, both Democrats, for months had advocated for the Republican-controlled state legislature to pass such a bill, arguing that without it election results could be significantly delayed and thousands of voters possibly disenfranchised.

“Your voice will be heard in November,” Whitmer said during a video news conference.

Benson called the new law “a step in the right direction,” but added that a final tally in Michigan may not be available until the Friday after Election Day.

The law also allows clerks to use an additional shift to process and count the ballots, and to contact voters if there are issues with signatures on the outside of the ballots, and calls for the installation of video monitors of absentee-ballot drop boxes.

The issue has taken on added importance as Americans rush to cast ballots ahead of the election at an unprecedented pace, indicating a possible record turnout for the showdown between President Donald Trump and Democratic challenger Joe Biden.

Michigan is an important state, which Trump won by fewer than 11,000 votes in 2016, but is now leaning toward Biden according to opinion polls.

Demand for absentee ballots, especially among Democrats, has been driven by fear of infection from the coronavirus in public. Trump has repeatedly claimed without evidence that mail-in voting is prone to fraud.

Counting mail ballots is often slower because officials must open thick envelopes, verify ballots and voters’ identities, compared with the simpler, speedier process at a polling center where voters cast ballots in person.

Last month, a Michigan judge ruled that mailed ballots postmarked by Nov. 2 must be counted in the state as long as they are received within two weeks of the election.

(Reporting by Ben Klayman in Detroit; Editing by Matthew Lewis)

Pence-Harris VP debate to draw outsized attention after Trump’s coronavirus diagnosis

By James Oliphant and Jeff Mason

WASHINGTON (Reuters) – This week’s vice presidential debate has taken on an outsized and perhaps unprecedented significance, with questions about President Donald Trump’s health now looming over the U.S. election less than a month away.

Vice President Mike Pence’s sole face-off against Senator Kamala Harris, Democrat Joe Biden’s running mate, on Wednesday in Salt Lake City comes as the Trump campaign reels from a COVID-19 outbreak that has infected not only the Republican president but several in his inner circle.

The pressure on Pence, who often toils in Trump’s deep shadow, is great. Trump trails Biden by 10 percentage points nationally, according to a new Reuters/Ipsos poll, with voters faulting what they viewed as the president’s carelessness about the pandemic.

Pence needs to show the public he is ready to step in as president if the situation requires, while also defending the Trump administration’s handling of a 7-month-old health crisis that has killed nearly 210,000 Americans.

For her part, Harris, who has largely stayed out of the spotlight in recent weeks as Biden ramped up campaign travel, must demonstrate to voters that she, too, could assume the presidency if needed at some point in the 77-year-old Biden’s tenure should he win the election.

Traditionally, the vice presidential debate is considered an afterthought to the three presidential debates, watched by fewer voters and viewed as almost irrelevant in terms of shifting public opinion.

“This debate is different,” said Christopher Devine, an expert on the vice presidency at the University of Dayton. “Some people may be worrying about Mike Pence and how he may perform if called upon. And there are questions about Joe Biden’s ability to stay healthy.”

Trump, 74, returned to the White House on Monday following a three-day stay at Walter Reed National Military Medical Center where he was treated for his illness. While doctors say he is recovering, it remains uncertain when he will be able to resume campaign activities.

Trump campaign spokesman Tim Murtaugh said on Monday the president intended to participate in the next scheduled debate with Biden on Oct. 15 in Miami.

Pence will also be charged with trying to slow the Biden-Harris momentum, something Trump was unable to do in his unruly debate with Biden last week. Trump struggled to make a case for his re-election and often resorted to insults to try to rattle Biden.

Pence, a talented and even-tempered communicator who once hosted a radio show while a member of the U.S. House of Representatives, can be more effective on a debate stage than the undisciplined Trump, said Michael Steel, who worked with Pence in the House when Steel was an aide to then-Speaker John Boehner.

“The vice president can make a more cogent and thoughtful case for the Trump administration’s record than almost anyone else,” Steel said. “He’s in a position to have a much stronger debate than the president.”

But, Steel added: “I don’t know how much that matters.”

ATTACK LINES

Reuters/Ipsos polling has shown the presidential race to be relatively stable, with Biden consistently holding a lead nationally and a small set of undecided voters who have yet to make up their minds. More than 3.8 million Americans already have voted ahead of the Nov. 3 Election Day, according to the University of Florida, which tracks the early vote.

A Biden campaign official told Reuters the campaign was prepared for Pence to launch attacks on Harris suggesting she is to the left of the mainstream of the Democratic Party, along with other allegations that Biden’s campaign says are untrue about his son Hunter Biden and Biden’s stance on China.

The official conceded that Pence was a strong debater, but “just because Mike Pence can deliver a line doesn’t make it true.”

Harris, a former Democratic presidential contender, cemented her reputation as a skilled questioner at the 2018 hearings for now-Supreme Court Justice Brett Kavanaugh. She will “make a very forceful case” that Biden is the right leader for the moment, the Biden official said.

Harris has panned the administration’s coronavirus response headed by Pence. On Wednesday, she will have to thread the needle between renewing those criticisms without attacking the recovering Trump personally, Devine said.

“It’s a delicate balance,” Devine said. “Harris is probably better prepared than most, having been on the national stage before.”

During a series of primary debates last year, Harris had to navigate how to take shots at Biden, a beloved party statesman, without alienating swaths of Democratic voters. Her criticism of Biden’s past record on forced school busing earned her media attention but may have backfired with the electorate. She ended her campaign in December before voting began.

Coronavirus protocols at the debate on Wednesday will be strengthened following Trump’s diagnosis.

Pence and Harris will be seated more than 12 feet (3.7 m) apart on the stage, farther than the 7 feet (2 m) that separated the lecterns at the Sept. 29 debate between Trump and Biden. The candidates will also be separated by a plexiglass barrier during the debate, as requested by the Biden campaign.

All debate attendees, including members of the media, will be required to get tested for COVID-19. The debates commission said anyone not wearing a mask would be “escorted out.”

(Reporting by Jeff Mason and James Oliphant; Additional reporting by Michael Martina; Editing by Colleen Jenkins and Peter Cooney)

More than 4 million Americans have already voted, suggesting record turnout

By John Whitesides

WASHINGTON (Reuters) – Americans are rushing to cast ballots ahead of the Nov. 3 election at an unprecedented pace, early voting numbers show, indicating a possible record turnout for the showdown between President Donald Trump and Democratic challenger Joe Biden.

With four weeks to go before Election Day, more than 4 million Americans already have voted, more than 50 times the 75,000 at this time in 2016, according to the United States Elections Project, which compiles early voting data.

The shift has been driven by an expansion of early and mail-in voting in many states as a safe way to cast a ballot during the coronavirus pandemic and an eagerness to weigh in on the political future of Trump, said Michael McDonald of the University of Florida, who administers the project.

“We’ve never seen this many people voting so far ahead of an election,” McDonald said. “People cast their ballots when they make up their minds, and we know that many people made up their minds long ago and already have a judgment about Trump.”

The early surge has led McDonald to predict a record turnout of about 150 million, representing 65% of eligible voters, the highest rate since 1908.

Biden leads Trump in national opinion polls, although surveys in crucial battleground states indicate a tighter race.

The numbers reported so far come from 31 states, McDonald said, and will grow rapidly as more states begin early in-person voting and report absentee mail-in totals in the next few weeks. All but about a half-dozen states allow some level of early in-person voting.

The percentage of voters who cast their ballot at a voting machine on Election Day already had been in steady decline before this year, according to the U.S. Election Assistance Commission, a federal agency.

The total number of early or mail-in votes more than doubled from nearly 25 million in 2004 to 57 million in 2016, it said, representing an increase from one in five of all ballots cast to two in five of all ballots cast.

Trump has railed against mail-in voting, making unfounded accusations that it leads to fraud. Experts have said such fraud is rare.

Those attacks by the president have shown signs of depressing Republican interest in voting by mail. Democrats have more than doubled the number of returned mail-in ballots by Republicans in seven states that report voter registration data by party, according to the Elections Project.

In the crucial battleground state of Florida, Democrats have requested more than 2.4 million mail-in ballots and returned 282,000, while Republicans have asked for nearly 1.7 million and returned more than 145,000.

A national Reuters/Ipsos poll taken last week found 5% of Democrats nationwide said they had already voted compared to 2% of Republicans. About 58% of Democrats planned to vote early compared to 40% of Republicans.

McDonald said early voting typically starts strong, then drops before surging just ahead of the election. But in some states, rates of participation already have skyrocketed a month out.

In South Dakota, early voting this year already represents nearly 23% of the total turnout in 2016. It is nearly 17% of total 2016 turnout in Virginia and nearly 15% of total 2016 turnout in the battleground state of Wisconsin.

“That’s just nuts,” McDonald said. “Every piece of data suggests very high turnout for this election. I think that’s just a given.”

(Reporting by John Whitesides; Editing by Scott Malone, David Gregorio and Will Dunham)

Texas governor shuts down drop-off sites for early mail votes

By Joseph Ax

(Reuters) – Texas counties will each be limited to a single site for voters to drop off their mail ballots ahead of Election Day, under a proclamation issued by Governor Greg Abbott on Thursday.

The order will close down more than a dozen satellite locations in at least two counties: Harris, which includes Houston, had opened 12 sites to collect early mail ballots, while Travis, which includes Austin, had four.

Texas is one of the few U.S. states that does not allow all voters to request absentee ballots without an excuse. Instead, only voters who are over the age of 65, have a disability, are confined to a jail or will be out of town on Election Day can vote by mail.

Earlier this year, both the state Supreme Court and a federal appeals court rejected efforts to extend mail voting to all Texans amid the ongoing coronavirus pandemic.

The Nov. 3 election includes the White House race between President Donald Trump and Democratic challenger Joe Biden as well as federal, state and local contests.

In a nod to the outbreak, Abbott, a Republican, had issued an order in July allowing voters to submit mail ballots in advance, rather than only on Election Day, and extending early voting by several days. Thursday’s proclamation modified that order.

“As we work to preserve Texans’ ability to vote during the COVID-19 pandemic, we must take extra care to strengthen ballot security protocols throughout the state,” Abbott said in a statement. “These enhanced security protocols will ensure greater transparency and will help stop attempts at illegal voting.”

The decision drew immediate criticism from the chairman of the state Democratic Party, Gilberto Hinojosa, that Abbott was changing the rules at the last minute.

“Governor Abbott and Texas Republicans are scared,” he said in a statement. “We are creating a movement that will beat them at the ballot box on Nov. 3, and there’s nothing these cheaters can do about it.”

Texas, which has not voted for a Democratic presidential candidate in more than four decades, is seen as potentially competitive this year, though polls show Trump with a narrow lead.

(Reporting by Joseph Ax; Editing by Daniel Wallis)

Trump encourages supporters to try to vote twice, sparking uproar

By James Oliphant

WASHINGTON (Reuters) – U.S. President Donald Trump has urged residents in the critical political battleground of North Carolina to try to vote twice in the Nov. 3 election, once by mail and once in person, causing a furor for appearing to urge a potential act of voter fraud.

“Let them send it in and let them go vote,” Trump said in an interview on Wednesday with WECT-TV in Wilmington, North Carolina. “And if the system is as good as they say it is then obviously they won’t be able to vote” in person.

Trump has repeatedly asserted, without evidence, that mail-in voting – expanded by some states because of the coronavirus pandemic – would increase fraud and disrupt the November election, although experts say voter fraud of any kind is extremely rare in the United States.

Voting more than once in an election is illegal and in some states, including North Carolina, it is a felony not only to vote more than once but also to induce another to do so.

Ballots are due to be mailed in North Carolina on Friday.

The state’s Attorney General Josh Stein, a Democrat, wrote on Twitter that Trump, a Republican, had “outrageously encouraged” North Carolinians “to break the law in order to help him sow chaos in our election.”

Stein wrote: “Make sure you vote, but do NOT vote twice! I will do everything in my power to make sure the will of the people is upheld in November.”

Trump’s campaign and the White House later denied that he meant to tell people to vote twice.

“The president is not suggesting anyone do anything unlawful,” White House spokeswoman Kayleigh McEnany told Fox News Channel on Thursday. “What he said very clearly there is make sure your vote is tabulated and if it is not, then vote.”

In a series of tweets on Thursday morning, Trump again urged his supporters to vote early by mail and then follow up by attempting to vote in person, however.

“On Election Day, or Early Voting go to your Polling Place to see whether or not your Mail In Vote has been Tabulated (Counted),” Trump wrote. “If it has you will not be able to Vote & the Mail In System worked properly. If it has not been Counted, VOTE.”

VOTING TWICE ‘A FELONY’

The Democratic National Committee accused Trump of encouraging voter fraud and said the president was undermining confidence in the fairness of the election.

“Let’s be clear: Voting by mail is a safe and secure way for Americans to participate in our democracy — and Trump should be working to make it easier to vote, not harder,” Reyna Walters-Morgan, the DNC’s director of voter protection, said in a statement.

Patrick Gannon, a spokesman for North Carolina’s state Board of Elections, said a person would not be able to cast two ballots, regardless of if they voted by mail or in-person first. The first vote that is received and processed is the one that counts, he said.

“Voting twice in an election is a felony,” Gannon said. “If you put a ballot in the mail, and it hasn’t arrived yet, and then you vote in-person before your absentee ballot has arrived, your in-person vote will count.”

He said if an absentee ballot showed up after a person had voted in-person, it would not be counted.

Many Americans vote by mail because they cannot make it to the polls in person. Nearly one in four voters cast presidential ballots by mail in 2016.

The coronavirus pandemic is expected to result in a record number of mail-in ballots this year as voters seek to avoid the risk of infection. Experts have cautioned the expected surge means a winner may not be clear on election night given the time it will take to count and verify all the ballots.

(Reporting by Jeff Mason, Michael Martina, Susan Heavey, James Oliphant, Kanishka Singh and Ann Maria Shibu; Editing by Colleen Jenkins, Howard Goller and Sonya Hepinstall)