Amy Coney Barrett begins Supreme Court confirmation hearing

Judge Barrett, who has been diligent in keeping her mask on throughout the hearing, except for an occasional sip of water, removed it to be sworn in and to deliver her opening statement. 

“As I said when I was nominated to serve as a justice, I am used to being in a group of nine -- my family," Barrett began. "Nothing is more important to me, and I am so proud to have them behind me."

Barrett said she'd bring new perspectives to the bench as she'd be the first mother of school-age children to serve, the first justice from the Seventh Circuit in 45 years and the only sitting justice who didn’t attend Harvard or Yale law schools.

After speaking of her own upbringing and family of nine, Barrett turned to how she interprets the law, following in the textualist and originalist approach of Justice Antonin Scalia, for whom she clerked. "It was the content of Justice Scalia's reasoning that shaped me. His judicial philosophy was straightforward: 'A judge must apply the law as it is written, not as she wishes it were,'" she said.

“Justice Scalia taught me more than just law. He was devoted to his family, resolute in his beliefs, and fearless of criticism. And as I embarked on my own legal career, I resolved to maintain that same perspective,” she said. “I worked hard as a lawyer and a professor; I owed that to my clients, my students, and myself. But I never let the law define my identity or crowd out the rest of my life.”

Barrett said a similar principle of separation applies to the role of the courts, a line that will likely pick up traction in questioning from Democrats. 

“The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people. The public should not expect courts to do so, and courts should not try,” she said. 

Invoking her children, Barrett described the standards she says she sets for herself on ruling in any court, another line Democrats will likely seize on in their arguments for upholding the Affordable Care Act.

“When I write an opinion resolving a case, I read every word from the perspective of the losing party. I ask myself how would I view the decision if one of my children was the party I was ruling against: Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law?” she said.

Barrett said she never sought out the Supreme Court nomination and thought carefully before accepting, acknowledging she will never take the place of Justice Ginsburg. 

“I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place. I will be forever grateful for the path she marked and the life she led,” she said.

Sen. Marsha Blackburn, R-Tenn., focused her remarks on the rhetoric around Barrett as a woman and mother, questioning why her Democratic colleagues aren’t more supportive of someone she called a “successful female legal superstar.”

“Given your track record, you would think that my colleagues would jump at the opportunity to support a successful female legal superstar, who is highly regarded by both her Democratic and Republican colleagues, and who is a working mom. But as today's increasingly paternalistic and frankly disrespectful arguments have shown, if they had it their way, only certain kinds of women would be allowed into this hearing room," Blackburn said.

“On that note, not so long ago in another hearing they scrutinized your commitment to your Catholic faith and tried to use that as a way to question your competency and your professionalism,” Blackburn said, referring to Judge Barrett’s confirmation hearing to a federal appeals court in 2017, though Barrett's faith has not yet been raised by Democrats in her Supreme Court nomination.

Blackburn, as several of her GOP colleagues before her had done, raised the Justice Kavanaugh hearings and deemed the sexual assault allegation against Kavanaugh another effort “to delay and obstruct legitimate constitutionally sound confirmation hearing.”

“Let's not forget it was the Democrats who took an axe to the process in 2018 when they dropped last-minute, unsubstantiated sexual assault allegations against Justice Kavanaugh. We still don't have the full story about their level and manner of coordination with activists and mainstream media outlets, but what we do know is that they turned that confirmation into a circus.”

Sen. Kamala Harris, D-Calif., has the historic opportunity this week to question a Supreme Court nominee while on the ticket of a major political party. Appearing virtually, she began her opening statement by criticizing Senate Republicans for holding the hearing and disregarding, she said, the health and safety of Capitol staff.

“The decision to hold this hearing now is reckless and places the facility's workers, janitorial staff and congressional aides and Capitol police at risk, not to mention that while tens of millions of Americans are struggling to pay their bills,” Harris said. “The Senate should be prioritizing coronavirus relief and providing financial support to those families.”

Harris said if Republicans succeed with their nomination, they will likely eliminate protections for 135 million Americans with pre-existing conditions --without regard for the legacy of Justice Ginsburg. 

"By replacing Justice Ruth Bader Ginsburg with someone who will undo her legacy, President Trump is attempting to roll back Americans' rights for decades to come,” Harris said. “Every American must understand that with this nomination equal justice under law is at stake. Our voting rights are at stake. Workers' rights are at stake. Consumer rights are at stake. The right to a safe and legal abortion is at stake. And holding corporations accountable is at stake.”

After Harris wrapped, Barrett's children and sisters reentered the hearing room, in a sign that Barrett's opening statement isn't far off.

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

Sen. Cory Booker, D-N.J., said in his opening statement that Republicans are rushing through the process with the ultimate goal of overturning not just the Affordable Care Act but Roe v. Wade, calling the whole hearing “a charade.”

“President Trump has explicitly stated he would only put up Supreme Court nominees that would overturn Roe V. Wade. He said it clearly. We should believe him,” Booker began. 

“We're here because in the middle of an ongoing election, Republicans have found a nominee in Judge Barrett, to do what they couldn't do, subvert the will of the American people and overturn the ACA and overturn Roe v. Wade,” Booker said. “That's what this is about.”

In an appeal across the aisle, Booker reminded, “If one of my colleagues will stand up on this committee, we will hold this over until after the election," before ripping into the process.

“It's not normal the senators are rushing through a confirmation hearing, violating their own words and their own statements, betraying the trust of the American people and their colleagues and failing to take in this hearing, the most basic safety protections to protect people around them, all to ensure that tens of millions of people will lose their health care when we're seven months into one of the worst public health crises in our country,” Booker concluded.