Amy Coney Barrett Senate confirmation hearings Day 3 highlights

The Supreme Court nominee finished 19 hours facing questions.

Last Updated: October 15, 2020, 9:00 AM EDT

The confirmation hearings for Judge Amy Coney Barrett, President Donald Trump’s Supreme Court nominee, continued Wednesday with seven more hours of questioning.

Senate Republicans are keeping up their 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 open by the late Justice Ruth Bader Ginsburg.

The four days of Senate Judiciary Committee hearings, overseen by Chairman Lindsey Graham, are unprecedented, with some members participating virtually and in-person. Barrett has appeared at the witness table to face questions for 19 hours total over two days.

Hearings begin at 9 a.m. each day and will be live streamed on ABC News Live.

The question and answer portion began Tuesday with Democrats arguing protections from landmark cases on health care and same-sex marriage are at risk with Barrett's nomination, while Republicans afforded her opportunities to defend her impartiality as a judge.

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.

Oct 14, 2020, 9:30 AM EDT

Graham applauds Barrett for being ‘unashamedly pro-life’, slams Democrats for doubting her impartiality

Chairman Lindsey Graham began the hearing with a defense of Barrett’s impartiality as a judge, after Sen. Kamala Harris, D-Calif., suggested in her questioning Tuesday that Barrett’s personal views may inhibit her judicial independence. 

Senate Judiciary Committee Chairman Lindsey Graham speaks at the start of the third day of Senate Judiciary Committee confirmation hearings for Supreme Court nominee Judge Amy Coney Barrett on Capitol Hill in Washington, DC, Oct. 14, 2020.
Jonathan Ernst/POOL/AFP via Getty Images

Graham, taking specific issue with Harris' claim that Justice Ginsburg was more forthcoming in her hearing than Barrett has been, pointed to a single example in the Seventh Circuit when Barrett upheld a legislative provision that restricted access for protesters at abortion clinic, in an attempt to show Barrett has ruled against her personal beliefs.

"So, I'm highly confident that you will judge every American based on their case, not the law of Amy," Graham said. "There's one group in America I think has had a hard time of it, and that's conservatives of color and women conservatives ...This hearing, to me, is an opportunity to not punch through a glass ceiling but reinforce a concrete barrier around conservative women. You're going to shatter that barrier."

Graham went on to say he’s never been prouder of a nominee and thanked Trump for bringing her to the table. 

"This is the first time in American history that we have nominated a woman who is unashamedly pro-life, and embraces her faith without apology, and she's going to the Court. A seat at the table is waiting on you. And it will be a great signal to all young women who want -- who share your view of the world that there's a seat at the table for them," Graham said. 

Addressing complaints from Democrats that the fate of the Affordable Care Act is at stake in a case being argued before the court shortly after the election, Graham asked Barrett to outline the doctrine of severability -- namely, that part of a law can be overturned without the entire statute being struck down.

"The main thing is the doctrine of severability has a presumption to stave the statute is possible, is that correct?" Graham asked. "That is correct."

"I want every conservative in the nation to listen. The doctrine of severability presumes and its goal is to preserve the statute if that is possible. So, from a conservative point of view, generally speaking, we want legislative bodies to make laws, not judges, is that correct?

"That is correct," Barrett said.

"Would it be further true that if you can preserve a statute, you try to, to the extent possible?, Graham continued.

"That is true," Barrett said.

Oct 14, 2020, 9:10 AM EDT

Day 3 kicks off

The third day of hearings for Supreme Court nominee Amy Coney Barrett kicked off in the Senate Judiciary Committee shortly after 9 a.m. 

As with previous days, Barrett’s children and extended family filed into the hearing room ahead of her to watch. 

In this second round of questioning, Democrats will likely follow up on whether Barrett would recuse herself from any election-related cases that could come before the Supreme Court later this year, while Republicans, squarely focused on getting the nomination through, counter their warnings. 

Supreme Court nominee Amy Coney Barrett arrives for the third day of her confirmation hearing with the Senate Judiciary Committee, on Capitol Hill in Washington, Oct. 14, 2020.
J. Scott Applewhite/AP

Barrett, once again, has no notes or documents displayed on the witness table, opting to keep it simple with a blank notepad and pen.

Oct 14, 2020, 8:25 AM EDT

Day 3 breakdown

After spending more than 11 hours on Capitol Hill Tuesday, Judge Barrett will face a second and possibly third round of questioning in the Senate Judiciary Committee Wednesday, and then members will enter a closed hearing to review her FBI background check.

In the second round of questioning, senators will be given 20 minutes each, as opposed to the 30 minutes they received Tuesday. The order of questioning is determined by seniority.

With 22 senators, the round is expected to last seven hours. 

It's possible the committee will then enter a third round of questioning. If there is one, each senator will receive 10 additional minutes to question Barrett, adding roughly four hours to the hearing. 

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

After questioning concludes, members will enter a closed session to review sensitive FBI background material on Barrett, as customary in the Supreme Court nomination process.

-ABC News' Trish Turner and Allie Pecorin

Oct 14, 2020, 8:13 AM EDT

Key takeaways from the 2nd day of the SCOTUS nomination hearing

The Senate Judiciary Committee spent Tuesday questioning Supreme Court nominee Judge Amy Coney Barrett, in a marathon session that featured exchanges about judicial independence, the future of the Affordable Care Act and any election-related cases that could come before the Supreme Court later this year.

Here are the key takeaways from the second day of the hearings.

Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee, Oct. 13, 2020, on Capitol Hill in Washington.
Erin Schaff/The New York Times via AP