Axios AM: Mike's Big 6 — Dems feel boxed in — A thriving swath of business — Restaurants' new puzzle

1 big thing: Dems feel boxed in | Sunday, September 27, 2020

View in browser   Presented By the American Investment Council   Axios AM By Mike Allen ·Sep 27, 2020 🥞 Good Sunday morning. Today's Smart Brevity™ count: 1,179 words ... 4½ minutes.     1 big thing: Dems feel boxed in Photo: Chip Somodevilla/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. Yesterday afternoon, NBC posted video of Coney Barrett outside her house in South Bend, Ind., 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. 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." 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 ACA 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 Chairman 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: "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." Share this story.     2. Trump sees court fight as virus respite Spotted at Trump's rally last night at Harrisburg International Airport in Middletown, Pa. Photo: Joshua Roberts/Reuters At a rally in Pennsylvania last night, President Trump basked in adulation for Judge Amy Coney Barrett and said: "She should be running for president!" She might as well be. The Trump campaign is thrilled to be talking about something besides the president's handling of COVID, and is going all-in to amp up the court conversation. The RNC and Trump campaign are planning local events and protests across the country to support Barrett's confirmation. The RNC will feature the battle in a $10 million digital ad campaign to encourage battleground-state voters to return vote-by-mail ballots or go to the polls, AP's Zeke Miller reports. A top Republican strategist tells Jonathan Swan that the court fight could help most of the party's endangered senators — including Thom Tillis (N.C.), Joni Ernst (Iowa) and Steve Daines (Mont.), plus probably David Perdue (Ga.) and possibly Martha McSally (Ariz.) "The unique power of a Supreme Court [nomination] reinforces the importance of the Senate, and could create a lift that we haven't seen yet because of the president's weak numbers," the strategist said. Share this story.     3. How the Supreme Court could decide the election Illustration: Sarah Grillo/Axios   The Supreme Court isn't just one of the most pressing issues in the presidential race — the justices may also have to decide parts of the election itself, Stef Kight and Sam Baker write. Why it matters: Important election-related lawsuits are already making their way to the court. And close results in swing states, with disputes over absentee ballots, set up the potential for another Bush v. Gore scenario. 2020 could be the perfect storm, with states rushing to prepare for mass vote-by-mail operations for the first time, dozens of last-minute changes to state election rules, tight races in several swing states, a strong likelihood of protracted vote-counting, and two candidates who are already ready to fight it out in court. Election-related cases are already working their way up toward the high court: Pennsylvania Republicans are asking the Supreme Court to review a ruling that gave voters an extra three days to return their ballots in the state. Share this story.     A message from the American Investment Council Private equity never stopped investing in small businesses     Despite a global pandemic and economic uncertainty, private equity invested $252 billion in 1,845 companies in the first half of 2020. Private equity firms are a reliable source of investment and a long-term partner for growth to companies of all shapes and sizes. Learn more.     4. Pics du jour: ACB Day Photo: Olivier Douliery/AFP via Getty Images Judge Amy Coney Barrett said in the Rose Garden yesterday that if confirmed, she "will be mindful of who came before me": The flag of the United States is still flying at half-staff in memory of Justice Ruth Bader Ginsburg to mark the end of a great American life. Justice Ginsburg began her career at a time when women were not welcome in the legal profession. But she not only broke glass ceilings, she smashed them. Barrett then turned to her "long and deep friendship" with the late conservative Justice Antonin Scalia, "my own mentor": Justices Scalia and Ginsburg disagreed fiercely in print without rancor in person. ... In both my personal and professional relationships, I strive to meet that standard. ... I clerked for Justice Scalia more than 20 years ago, but the lessons I learned still resonate. His judicial philosophy is mine too: A judge must apply the law as written. Judges are not policymakers, and they must be resolute in setting aside any policy views they might hold. Photo: Chip Somodevilla/Getty Images Above, six of Judge Amy Coney Barrett's seven children watch Marine One take off after the announcement. Barrett said in her remarks: "The president has asked me to become the ninth justice, and as it happens, I'm used to being in a group of nine: my family." Photo: Chip Somodevilla/Getty Images Go deeper ... "Her words: Amy Coney Barrett on faith, precedent, abortion."     5. New data: Latino businesses stay strong Graphic: Latino Donor Collaborative's "U.S. Latino GDP" report Sol Trujillo — former CEO of U.S. West and Telstra, and chair of the Latino Donor Collaborative — tells me that in 2017-18 (most recent census data), the U.S. Latino cohort was the fastest growing economy in the world. That's part of a new report, "2020 LDC U.S. Latino GDP," unveiled at the four-day L'Attitude virtual business conference co-founded by Trujillo, showcasing U.S. Latino contributions in business, media, politics, science and technology. Trujillo told me in a phone interview from San Diego that Latinos are helping drive huge entrepreneurial growth — with many starting with just themselves and growing, or taking over for their former bosses. "It's part of the culture," he said. "These are resilient people." Trujillo said another contribution made by Latinos is the relative youth of the demographic, as other key cohorts age. Go deeper: L'Attitude is livecasting now. ... Read the report. Share this story.     6. 🍽️ Restaurants' new puzzle: Outdoor dining in winter Centrolina, in D.C.'s City Center, says on Instagram: "Temperatures are cooling down ... but we have you covered! ... [W]e have plush blankets available for purchase." Here are five ways restaurateurs are trying to keep outdoor dining going as temperatures drop, from Washingtonian's Ann Spiegel: Indoor-outdoor spaces: "Ambar restaurateur Ivan Iricanin just signed a ten-year lease at his Clarendon location so that he could build Ambar Garden — a year-round structure with retractable awnings and versatile siding." Yurts: Hook Hall owner Anna Valero is planning a Viking Village takeover: Small groups can rent cabana-like "Viking huts," and "guests can reserve spaces around a roaring fire for mead and smoked meats." The new BYOB: Bring-your-own-blanket. Even more safety measures: Air scrubbers for semi-enclosed outdoor tents. Hibernation: Like eateries that went on hiatus during the dead of summer, some will do the same for winter. Keep reading.     A message from the American Investment Council There's nothing small about our commitment to small business     Private equity firms invested in 718 small businesses in the first half of 2020. The background: Overall, they committed $252 billion in just 6 months, supporting jobs across America. Learn more about how private equity is supporting small businesses.   📱 Thanks for making Axios AM part of your weekend. Invite your friends to sign up!   Axios thanks our partners for supporting our newsletters. Sponsorship has no influence on editorial content. Axios, 3100 Clarendon B‌lvd, Suite 1300, Arlington VA 22201   You received this email because you signed up for newsletters from Axios. Change your preferences or unsubscribe here.   Was this email forwarded to you? Sign up now to get Axios in your inbox. And make sure you subscribe to Mike's afternoon wrap up, Axios PM.   Follow Axios on social media: