Amy Coney Barrett begins Supreme Court confirmation hearing

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

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.

Oct 12, 2020, 1:03 PM EDT

Ernst defends Barrett’s faith yet no Democrats have raised her religion in the hearing so far

Sen. Joni Ernst, R-Iowa, facing a tight reelection fight, went after Democrats for what she called attacks on Judge Barrett’s Catholic faith -- as her colleague Sen. Hawley had done before -- yet no Democrats have raised her Catholic faith in the hearing so far.

“This week will be an opportunity to dig into your background further and understand more about your judicial philosophy,” Ernst said to Barrett. “But what your political opponents want to paint you as is a TV or cartoon version of a religious radical. A so-called 'handmaid' that feeds into the ridiculous stereotypes they set out to lambaste people of faith in America.”

“They are attacking you as a mom and a woman of faith because they cannot attack your qualifications,” she added. 

Ernst, who has served in the Senate since 2015, also said, “It frustrates me and it frustrates my fellow Iowans that the Supreme Court has become a super legislature for a Congress that, frankly, won't come together and discuss the tough issues and do its job.”

Oct 12, 2020, 12:31 PM EDT

Hirono raises own battle with cancer to appeal to GOP colleagues on health care stakes

Sen. Mazie Hirono, D-Hawaii, again emphasized the Democratic attack line: what she called the “devastating” threat Judge Barrett poses to health care of millions of Americans if she’s confirmed, recalling the stories of her constituents who rely on the Affordable Care Act.

“President Trump has been very clear about what he's doing. He's promised to appoint Supreme Court justices, who will strike down the ACA,” Hirono said. “Judge Barrett is keeping her promise.”

“They are confident that victory at the Supreme Court is now within their grasp if the Senate confirms Judge Barrett through this hypocritical, illegitimate process,” she said, before recalling the importance of health care access in her own life. 

“To Kimberly, Dean, Jordan and personal to me, too, because I know that having health insurance and access to health care saved my life,” said the kidney cancer survivor. “The Affordable Care Act provided this peace of mind for so many people over the years who found themselves in positions similar to mine. Their lives and health are what's at stake. Their lives are what's at stake with the nomination."

She ended with an emotional appeal to Graham and her Republican colleagues.

“This can be a moment, Mr. Chairman, for you, and your Republican colleagues to show the American people -- terrified about losing their health care -- the same care and compassion you showed me and continued to show me, when I was diagnosed with cancer,” she said. “Let's end this hypocritical, illegitimate hearing, and return to the urgent work we have before us, to help those suffering.”

Supreme Court nominee Amy Coney Barrett walks back after a break on Capitol Hill to continue her Senate Judiciary Committee confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, Oct. 12, 2020.
J. Scott Applewhite/AP

Oct 12, 2020, 12:31 PM EDT

Senate Judiciary Committee resumes hearing 

After a short break, the hearing resumed around 12:20 p.m. 

Here’s the breakdown for the rest of the day:

The remaining six senators on the committee who have not spoken will deliver their 10-minute opening statements. Then, Judge Barretts’ two home state senators, Republican Sens. Mike Braun and Todd Young of Indiana, and the former dean of Notre Dame Law School who hired her, Patricia O'Hara, will have five minutes each to introduce her.

Finally, Graham will swear Barrett in, and she will deliver her opening statement to the committee. 

U.S. Supreme Court nominee Amy Coney Barrett leaves for a break from her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, D.C., Oct. 12, 2020.
Kevin Dietsch/Pool via Reuters

-ABC News’ Trish Turner

Oct 12, 2020, 12:16 PM EDT

Biden says Barrett's faith 'should not be considered'

As he boarded his plane to Ohio this morning, former Vice President Joe Biden was asked whether Democrats should raise Barrett’s faith in her confirmation hearings. 

“No, her faith should not be considered,” Biden, also a practicing Catholic, told reporters. 

"This nominee said she wants to get rid of the Affordable Care Act, the president wants to get rid of the Affordable Care Act,” Biden said. 

“Let's keep our eye on the ball. This is about whether or not in one -- less than one month, Americans are going to lose their health insurance,” Biden said.

--Molly Nagle and John Verhovek

Wearing a face mask to reduce the risk posed by the coronavirus, Democratic presidential nominee Joe Biden talks to reporters before boarding a flight to Ohio at New Castle County Airport, Oct. 12, 2020, in New Castle, Del.
Chip Somodevilla/Getty Images

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