The high-stakes confirmation hearings for Judge Amy Coney Barrett continued Tuesday with the Supreme Court nominee facing questions for more than 11 hours.
Trump nominated Barrett to fill the seat left by the late Justice Ruth Bader Ginsburg.
The four days of Senate Judiciary Committee hearings are unprecedented, with some members participating virtually and in-person. Barrett is appearing at the witness table to face questions.
Hearings begin at 9 a.m. each day and will be live streamed on ABC News Live.
In opening statements Monday, Democrats argued the nomination puts the health care of millions of Americans at risk amid an ongoing pandemic and some called on Barrett to recuse herself from any presidential election-related cases. Republicans, who say they already have the votes to confirm Trump's pick, defended Barrett's Roman Catholic faith from attacks which have yet to surface from inside the hearing room.
Barrett, 48, was a law clerk to conservative Justice Antonin Scalia 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 in 2017 to the Seventh U.S. Circuit Court of Appeals and confirmed by the Senate in a 55-43 vote.
Barrett explains 2006 'right to life' ad she signed at church
Sen. Josh Hawley, R-Mo., gave Barrett the opportunity to explain the "right to life" advertisement she and her husband signed in 2006 that Democrats argue shows she is a threat to Roe v. Wade.
"You said you signed it on your way out of church, if I remember correctly?" Hawley asked.
"I did," Barrett said, recalling when she signed it. "That was almost 15 years ago. There was a table set up for people on their way out of Mass to sign a statement validating their commitment to the position of the Catholic Church on life issues. The ad that was next to it. I don't recall seeing at the time and in context looking at it, looked to me like that was an ad by the St. Joseph County Right to Life group. The statement that I signed was affirming the protection of life from conception to natural death," she said.
Barrett emphasized that she signed it in her "personal capacity still as a private citizen."
"Now I am a public official, so while I was free to express my private views at that time, I don't feel like it is appropriate for me anymore because of the canons of conduct to express an affirmative view at this point in time," she said.
Oct 13, 2020, 3:52 PM EDT
Barrett: Won't be used as a 'pawn to decide this election,' but declines to commit to recusal
Sen. Chris Coons, D-Del., noting what President Trump has said about needing nine justices on the Supreme Court by the November election to decide any election-related disputes, asked Barrett if she will commit to recusing herself from those cases.
"Given what President Trump said, given the rest of the context of this confirmation, will you commit to recusing yourself from any case arising from a dispute in the presidential election results three weeks from now?" Coons asked.
"Thank you for giving me the opportunity to clarify this," Barrett began. "And I want to be very clear for the record and to all members of this committee that no matter what anyone else may think or expect, I have not committed or signaled, never even written -- I've had a couple of opinions that have been around this law, but I haven't even written anything that I would think anybody could reasonably say this is how she might resolve an election dispute."
"I would consider it, and I certainly hope that all members of the committee have more confidence in my integrity then to think that I would allow myself to be used as a pawn to decide this election for the American people," Barrett continued.
"That would be on the question of actual bias, and you asked about the appearance of bias and you're right that the statute does require a justice or judge to recuse if there is an appearance of bias. And what I will commit to every member of this committee, to the rest of the Senate and to the American people is that I will consider all factors that are relevant to that question that requires recusal when there's an appearance of bias," she said.
Barrett went on to say she would discuss that with the other justices were a dispute to arise.
"Justice Ginsburg said it is always done with consultation of the other justices. So, I promise you that if I were confirmed and if an election dispute arises, both of which are if, that I would very seriously undertake that process and consider every relevant factor. I can't commit to you right now for reasons that we've talked about before, but I do ensure you of my integrity and that I would take that question very seriously," she said.
Oct 13, 2020, 3:00 PM EDT
Barrett: 'My boss is the rule of law'
Republicans continued to question Barrett on her impartiality, with Sen. Ben Sasse of Nebraska asking Barrett to confirm that judges can make decisions without imposing their own views.
"I hope that's what people think because that's what I have always driven to do. In my time as a judge, my job, my boss is the rule of law, not imposing my policy preferences," Barrett said.
Barrett was then asked to explain why judges wear black robes in our judicial system, in another opportunity to emphasize her commitment to the law, not her personal views in a courtroom.
"Chief Justice John Marshall started the practice in the beginning. Justices used to wear colorful robes that identified them with the schools they graduated from. John Marshall decided to wear a simple black robe. Pretty soon the other justices followed suit and now all judges do it," Barrett said, before offering her take on the garb.
“I think the black robe shows that justice is blind. We all dress the same. It shows once we put it on, we are standing united symbolically, speaking in the name of the law, not speaking for ourselves as individuals," she said.
Oct 13, 2020, 2:55 PM EDT
Protesters and supporters gather again on Day 2
Demonstrators protested the Senate Judiciary Committee hearing outside the Supreme Court Tuesday. One group wore masks and waved signs that featured Justice Ruth Bader Ginsburg's "dissenting collar."
Outside the Senate office building where Barrett's confirmation hearing was taking place, some of her supporters were praying.