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.
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.