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U.S. Senate confirms Amy Coney Barrett to Supreme Court

• The U.S. Senate voted 52-48 to confirm Judge Amy Coney Barrett to a seat on the U.S. Supreme Court. The vote was mostly along party lines, with Sen. Susan Collins of Maine as the only Republican to vote with Democrats against Barrett’s confirmation. Justice Clarence Thomas swore Barrett in shortly after the Senate vote.
• President Trump nominated Barrett to the Supreme Court on Sept. 29. The vacancy was opened by the death of Associate Justice Ruth Bader Ginsburg on Sept. 18 at the age of 87.
• President Trump appointed Barrett to the United States Court of Appeals for the 7th Circuit in 2017. Barrett previously clerked for U.S. Supreme Court Associate Justice Antonin Scalia and Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit. She then practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C. from 1999 to 2002.

Nation's voters to elect president

• Americans will elect the next president of the United States on Tuesday. The following four candidates have qualified to appear on enough state ballots to win a majority—at least 270 electoral votes—in the Electoral College:
• Donald Trump (R) and Mike Pence (R)
• Joe Biden (D) and Kamala Harris (D)
• Howie Hawkins (G) and Angela Nicole Walker (G)
• Jo Jorgensen (L) and Spike Cohen (L)
• Using the average of race ratings from the Cook Political Report, Inside Elections, and Sabato's Crystal Ball, Ballotpedia has identified 12 battleground states. These are the states on which an electoral victory will hinge: Arizona, Florida, Georgia, Iowa, Michigan, Minnesota, New Hampshire, North Carolina, Ohio, Pennsylvania, Texas, and Wisconsin.
• Sixteen U.S. presidents—approximately one-third—have won two consecutive elections. George H.W. Bush (R) was the last president to lose his re-election campaign in 1992.

Voters to decide 35 U.S. Senate seats

• Thirty-five of the 100 seats in the U.S. Senate are up for election Tuesday, including 33 regularly scheduled elections and two special elections.
• The elections will determine control of the chamber during the 117th Congress. Republicans currently hold a 53-seat majority, with Democrats controlling 45 seats and two seats held by independents who caucus with the Democratic Party.
• If Republicans gain seats or lose fewer than two seats, they will retain control of the chamber. If Democrats gain four or more seats, they will gain control of the chamber. If Democrats gain exactly three seats, control of the chamber will be split 50-50, with the vice president having the tie-breaking vote.
• Republicans are defending 23 seats while Democrats are defending 12, meaning the GOP has greater partisan risk this year. This situation was reversed in 2018, when Democrats defended 26 seats (including two held by independents) to Republicans’ nine.

All 435 U.S. House seats are up for election

• All 435 seats in the U.S. House of Representatives are up for election Tuesday.
• The elections will determine control of the chamber in the 117th Congress. Democrats currently hold a 232-seat majority. Republicans control 197 seats, a Libertarian holds one seat, and five seats are vacant.
• If Republicans gain a net 21 or more seats, they will win control of the chamber. If Republicans gain 20 seats or fewer, or if Democrats gain seats, Democrats will retain control of the chamber.
• Democrats are defending 30 seats in districts Donald Trump (R) carried in 2016, while Republicans are defending five seats in districts Hillary Clinton (D) carried that year.

U.S. Supreme Court to begin November sitting

On Nov. 2, the Supreme Court of the United States (SCOTUS) will begin its November sitting. All arguments during its November and December sittings will be conducted via teleconference with live audio. The court made the decision to hold proceedings this way in accordance with public health guidance in response to COVID-19.

The court will hear arguments in five cases this week. Each of the following cases will be allotted one hour for oral argument:

• Nov. 2
  • U.S. Fish and Wildlife Service v. Sierra Club
  • Salinas v. United States Railroad Retirement Board
• Nov. 3
  • Jones v. Mississippi
  • Borden v. United States
• Nov. 4
  • Fulton v. City of Philadelphia, Pennsylvania

Is Congress in session?

Congress is not in session next week. Click here to see the full calendar for the second session of the 116th Congress.

Where was the president last week?

• On Monday, Trump held Make America Great Again Victory rallies in Pennsylvania and participated in Justice Amy Coney Barrett’s swearing-in ceremony in Washington, D.C.
• On Tuesday, Trump held Make America Great Again Victory rallies in Michigan, Wisconsin, and Nebraska.
• On Wednesday, Trump announced endorsements in Las Vegas, Nevada, and held Make America Great Again Victory rallies in Arizona.
• On Thursday, Trump held a Make America Great Again Victory Rally in Tampa, Florida, and participated in a troop engagement at Fort Bragg in North Carolina.
• On Friday, Trump held Make America Great Again Victory rallies in Michigan, Wisconsin, and Minnesota. He also made remarks at a Make America Great Again Peaceful Protest in Rochester, Minnesota.

Federal judiciary update

• 66 federal judicial vacancies
• 41 pending nominations
• 2 future federal judicial vacancies

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