Amy Coney Barrett begins Supreme Court confirmation hearing

Here are highlights of how both sides set the stage for questioning.

Last Updated: October 12, 2020, 8:22 AM EDT

The high-stakes confirmation hearing for Judge Amy Coney Barrett, President Donald Trump’s Supreme Court nominee, got underway Monday as Senate Republicans push for a final vote before Election Day despite Democratic calls to let voters decide who should pick a new justice.

Trump nominated Barrett to fill the seat left by the late Justice Ruth Bader Ginsburg.

The four days of Senate Judiciary Committee hearings, overseen by chairman Sen. Lindsey Graham, are unprecedented, with some members participating virtually and in-person. Barrett will appear at the witness table to face questions each day.

Hearings start at 9 a.m. each day and will be live streamed on ABC News Live.

Barrett, 48, a devout Roman Catholic, was a law clerk to conservative Justice Antonin Scalia, considers him her mentor and follows his originalist interpretation of the Constitution. She practiced law at a Washington firm for two years before returning to her alma mater, Notre Dame Law School, to teach. She was nominated by Trump to the Seventh U.S. Circuit Court of Appeals in May 2017 and confirmed by the Senate that October in a 55-43 vote.

Oct 12, 2020, 8:22 AM EDT

What does it mean to 'pack' the Supreme Court?

Democratic nominee Joe Biden and running mate Sen. Kamala Harris have faced growing pressure from Republicans to say whether they'd try to 'pack' the Supreme Court if Democrats were to win the White House and control of Congress in November, after both candidates have repeatedly dodged questions on the issue.

"You will know my opinion on court-packing when the election is over," Biden has said. "The moment I answer that question, the headline in every one of your papers will be about that rather than focussing on what's happening now. This election has begun. There's never been a court appointment once the election has begun."

The idea of adding more justices to the Supreme Court or "packing" the court resurfaced after Justice Ruth Bader Ginsburg died in September.
The idea of adding more justices to the Supreme Court or "packing" the court resurfaced after Justice Ruth Bader Ginsburg died in September.

The idea of adding more justices -- or what critics call "packing" the court to secure a desired majority -- is not unprecedented but has taken on new life with the death of Justice Ruth Bader Ginsburg and the Senate confirmation hearing for Judge Amy Coney Barrett.

Some Democrats -- including Senate Minority Leader Chuck Schumer -- and progressive groups have threatened to try to add justices to counter the effort by President Donald Trump and Senate Republicans to get Barrett confirmed before Election Day.

So, can a party in power really "pack" the court?

-ABC News' Devin Dwyer

Oct 12, 2020, 8:14 AM EDT

How the hearings will look amid COVID-19 pandemic

The four days of Supreme Court confirmation hearings held by the Senate Judiciary Committee will look vastly different than previous hearings because of COVID-19 restrictions.

Sen. Mike Lee, R-Utah, and Sen. Thom Tillis, R-N.C., tested positive for the coronavirus after attending the White House Rose Garden ceremony to announce Barrett's nomination. As a result, members have the option of participating in the hearings remotely. Barrett is expected to appear in person, Lee is "undecided" and Tillis said Tuesday on Fox News that he anticipated attending some days of the hearing virtually.

On Friday, Sens. Kamala Harris, D-Calif., Patrick Leahy, D-Vt., and Cory Booker, D-N.J., sent a letter to Graham demanding "stringent" testing for all those in attendance. Sen. Joni Ernst, R-Iowa, tweeted that she also supported testing for members. But Graham has not responded.

Democratic vice presidential nominee Senator Kamala Harris speaks during the vice presidential campaign debate with Vice President Mike Pence held on the campus of the University of Utah in Salt Lake City, Oct. 7, 2020.
Brian Snyder/Reuters

Leahy, who is 80 years old, has decided to stay away from the hearings because of Graham's failure to respond. He and Harris have said they will participate remotely as a result.

Democrats are expected to mount additional challenges to safety of the hearing's proceedings, an official confirmed to ABC News.

Masks are now a mainstay of hearings on the Hill.

Long lines of spectators snaking through the halls of the Hart Senate Office Building waiting to get a glimpse of the proceedings will also be gone as the public will not be allowed inside. Only members, Barrett's guests, staff and journalists will be permitted.

Members who do appear will do so in bursts, an official confirmed to ABC News. They may appear to question Barrett but must return to their offices to watch the remainder of the hearing from a more isolated location.

-ABC News' Allison Pecorin

Oct 12, 2020, 8:01 AM EDT

Barrett confirmation would make SCOTUS history

Amy Coney Barrett, if confirmed to the U.S. Supreme Court, would be the nation's 115th justice of SCOTUS and the first woman of school-aged children to serve on the nation's highest court.

No nominee has ever been confirmed by Congress this close to the election.

-ABC News' Trish Turner

Oct 12, 2020, 7:41 AM EDT

Barrett to focus on family, morals, judicial philosophy in opening remarks

Supreme Court nominee Judge Amy Coney Barrett will focus on her family, morals and judicial philosophy when she appears before the Senate Judiciary committee Monday, according to a copy of her opening statement released Sunday.

The 48-year-old judge on the Seventh Circuit Court of Appeals, Notre Dame law professor and mother of seven wrote in her statement that she was "used to being in a group of nine -- my family."

In this Oct. 1, 2020, file photo President Donald Trump's Supreme Court nominee Judge Amy Coney Barrett listens as Sen. Jerry Moran, R-Kan., not shown, speaks during their meeting on Capitol Hill in Washington.
Manuel Balce Ceneta/AP, File

Barrett, who was nominated to fill the seat left vacant by the late Justice Ruth Bader Ginsburg, references the lessons she learned from the late Supreme Court Justice Antonin Scalia, particularly as it pertains to her interpretation of the law, in her statement.

"The policy decisions and value judgements of government must be made by the political branches elected by and accountable to the people," Barrett's statement reads. "The public should not expect courts to do so, and courts could not try."

-ABC News' Allison Pecorin

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