Amy Coney Barrett begins Supreme Court confirmation hearing

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

ByLibby Cathey
Last Updated: October 13, 2020, 7:20 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.

Latest Headlines:

Here is how the first day developed. All times Eastern.
Oct 12, 2020, 9:13 AM EDT

Senators to appear virtually and in-person as hearing kicks off

The four-day confirmation hearing for Judge Barrett is underway in the Senate Judiciary Committee.

Republicans are expected to push for a vote before Election Day as Democrats will try to stop her from turning the court sharply conservative for decades to come.

PHOTO: Preparations are made prior to a Senate Judiciary Committee confirmation hearing for Supreme Court nominee Judge Amy Coney Barrett in Washington, D.C., Oct. 12, 2020.
Preparations are made prior to a Senate Judiciary Committee confirmation hearing for Supreme Court nominee Judge Amy Coney Barrett in Washington, D.C., Oct. 12, 2020.
Greg Nash/Pool via Reuters

Committee chairman Sen. Lindsey Graham, R-S.C., is giving his opening statement first, to be followed by Ranking Member Sen. Diane Feinstein, D-Calif. Both appeared in-person and wore masks into the room. 

Senators will follow with 10-minute opening statements before Judge Barrett is then introduced, sworn in and gives her opening statement. 

Members were given the option of appearing and questioning the witness in person or remotely due to the coronavirus pandemic. Each senator makes their own determination. 

The Capitol Hill press pool reported Barrett’s children, in attendance with her Monday, were running down the Capitol Hill hallways and into the hearing room with Barrett, who was wearing a black mask as she took her seat in the committee room.

ABC News’ Trish Turner

Oct 12, 2020, 8:52 AM EDT

Barrett arrives on Capitol Hill

Judge Amy Coney Barrett has arrived to testify before the Senate Judiciary Committee on the first day of her Supreme Court confirmation hearing.

Supreme Court nominee Judge Amy Coney Barrett arrives to testify before the Senate Judiciary Committee on the first day of her Supreme Court confirmation hearing on Capitol Hill on Oct.12, 2020, in Washington, D.C.
Caroline Brehman/Pool via Getty Images

The hearings are expected to last a few days as Barrett will face questions from both Republican and Democratic senators on the committee.

PHOTO: The witness table is set for Supreme Court nominee Judge Amy Coney Barrett to testify before the Senate Judiciary Committee on the first day of her Supreme Court confirmation hearing on Capitol Hill, Oct. 12, 2020 in Washington, D.C.
The witness table is set for Supreme Court nominee Judge Amy Coney Barrett to testify before the Senate Judiciary Committee on the first day of her Supreme Court confirmation hearing on Capitol Hill, Oct. 12, 2020 in Washington, D.C. Barrett was nominated by President Donald Trump to fill the vacancy left by Justice Ruth Bader Ginsburg who passed away in September.
Patrick Semansky/Pool via Getty Images

Oct 12, 2020, 8:45 AM EDT

Supreme Court begins new term as Barrett hearings set to begin

The U.S. Supreme Court begins a new term on Monday amidst a raging political battle over an open seat and a high-stakes push by President Donald Trump to have the justices adjudicate a possible contested election.

"Lurking in the background is the possibility this could become the most tumultuous and divisive term since the Supreme Court decided Bush v. Gore 20 years ago," said Irving Gornstein, executive director of the Supreme Court Institute at Georgetown University.

The court will convene as a panel of eight for the first time since the death of Justice Ruth Bader Ginsburg as they await confirmation of Trump nominee Amy Coney Barrett, hearing oral arguments via teleconference that will be livestreamed to the public because of the coronavirus pandemic.

The justices face a fall docket of cases with implications for millions of American families and some of the nation's biggest businesses. They'll address matters of health insurance, use of force by police, military rape claims, religious freedom, grand jury secrecy, robocalls and faith-based foster care.

The American flag flies at half-staff outside the Supreme Court building in Washington, on Sept. 19, 2020, following the death of Justice Ruth Bader Ginsburg.
Jason Andrew/The New York Times via Redux

At the top of the list is a challenge to the Affordable Care Act brought by Texas and 18 Republican-led states backed by the Trump administration to completely invalidate the law, including protections for people with preexisting conditions. It will be argued Nov. 10 and decided by the end of June 2021.

"The stakes of this case have become only higher amidst the global pandemic. One estimate suggests there are 20 million people taking advantage of the exchanges," said University of Chicago law professor Jennifer Nou.

More on other key questions the court will consider this term can be found here.

-ABC News' Devin Dwyer

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.
1:43

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

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

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

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