Amy Coney Barrett begins Supreme Court confirmation hearing

Setting the tone for Democrats, Ranking Member Sen. Dianne Feinstein, D-Calif., gave a nod to the legacy of the late Justice Ginsburg -- calling her a "standard-bearer for justice” -- before offering a preview of what her Democrats will focus on: Judge Barrett’s views on the Affordable Care Act and what she called the “consequences” of a rushed nomination.

“In filling Judge Ginsburg's seat, the stakes are extraordinarily high for the American people both in the short term and for decades to come. Most importantly, health care coverage, for millions of Americans, is at stake with this nomination,” Feinstein said. “So, over the course of these hearings, my colleagues and I will focus on that subject.”

“We will examine the consequences if, and that's a big " if," Republicans succeed in rushing this nomination through the Senate, before the next president takes office,” she continued, despite Republicans saying they're confident they can get a final vote before Election Day.

The Court is slated to hear oral arguments on the Affordable Care Act, which the Trump administration is seeking to overturn, one week after the election on Nov. 10., raising concern among Democrats on its fate amid a pandemic.

“We can't afford to go back to those days, when Americans could be denied coverage or charged exorbitant amounts. That's what's at stake for many of us, for America, with this nomination,” she said. 

Feinstein also quoted Graham from when he previously said that a Supreme Court nominee shouldn't be confirmed when voting is underway. 

Graham began his opening statement by reminding his colleagues of the bipartisan Senate support for both the Justice Ruth Bader Ginsburg and Justice Antonin Scalia nominations.

“I don't know what happened between then and now. I guess we can all take some blame,” Graham said. “But I just want to remind everybody, there was a time, in this country, where someone like Ruth Bader Ginsburg was seen by almost everybody as qualified for the position of being on the Supreme Court.”

After he ticked through a list of Judge Barrett’s qualifications, he addressed the matter of the confirmation vote arising in an election year -- a point of contention with Democrats as Republicans prevented a hearing and vote on former President Barack Obama's nomination of Judge Merrick Garland in 2016.

“We're confirming the judge in an election year after the voting has occurred. What will happen is that my Democratic colleagues will say this has never been done and they're right in this regard, I don't think anybody has been confirmed in an election year past July,” Graham said, before getting to what he called his "bottom line."

“The bottom line here is that the Senate is doing its duty constitutionally,” he said. “As to Judge Garland, the opening that occurred with the passing of Justice Scalia, was in the early part of an election year. The primary process had just started.”

Graham also said the hearing will likely not change Barrett's path to the court, noting that Republicans have the votes. 

“This is probably not about persuading each other, unless something really dramatic happens. All Republicans will vote yes, and all Democrats will vote no. And that will be the way the breakout of the vote, but the hearing is a chance for Democrats to dig deep into her philosophy, appropriately ask her about the law, somehow she would be different, what's on her mind,” he said. 

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.

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

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

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