Amy Coney Barrett grilled on Day 2 of Senate confirmation hearings

Here are highlights of her more than 11 hours of questioning Tuesday.

Last Updated: October 13, 2020, 3:52 PM EDT

The high-stakes confirmation hearings for Judge Amy Coney Barrett continued Tuesday with the Supreme Court nominee facing questions for more than 11 hours.

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 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.

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. 

Sen. Chris Coons speaks during the Senate Judiciary Committee confirmation hearing for Supreme Court nominee Judge Amy Coney Barrett on Capitol Hill on Oct. 13, 2020 in Washington, DC.
Samuel Corum/Getty Images

"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. 

Supreme Court nominee Judge Amy Coney Barrett listens during her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, DC, on Oct. 13, 2020.
Anna Moneymaker/AFP via Getty Images

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. 

Supreme Court nominee Judge Amy Coney Barrett testifies before the Senate Judiciary Committee on the second day of her Supreme Court confirmation hearing on Capitol Hill, Oct. 13, 2020 in Washington, DC.
Greg Nash/Getty Images

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."

Demonstrators protest the Senate Judiciary Committee hearing of U.S. Supreme Court nominee Judge Amy Coney Barrett outside the Supreme Court in Washington, D.C., Oct. 13, 2020.
Kevin Lamarque/Reuters

Outside the Senate office building where Barrett's confirmation hearing was taking place, some of her supporters were praying.

Supporters of Supreme Court nominee Judge Amy Coney Barrett pray outside the Senate office building where her confirmation hearing is taking place on the second day of her testimony on Capitol Hill, Oct. 13, 2020 in Washington, D.C.
Win McNamee/Getty Images

Oct 13, 2020, 2:17 PM EDT

Barrett: Roe v. Wade not a universally-accepted 'super-precedent'

Under questioning from Sen. Klobuchar, Barrett said Roe v. Wade is not a "super-precedent" -- so it could theoretically be overturned by the Supreme Court. 

Earlier, Barrett said that Brown v. Board of Education, which established that racial segregation in schools is unconstitutional, is one of just a handful of cases she and some others consider to be "super-precedent" or settled law.

“Is Roe a super-precedent?” Klobuchar asked, before Barrett asked in return, “How would you define ‘super-precedent?’”

“I'm asking you,” Klobuchar said.

“People use super-precedent differently. The way that I was using it in the article that you’re reading was to define cases that are so well-settled that no political actors ... seriously push for their overruling. I'm answering a lot of questions about Roe v. Wade which I think indicates Roe v. Wade doesn't fall in that category. Descriptively means it's a case, not a case that everyone has accepted,” Barrett said. 

Supreme Court nominee Judge Amy Coney Barrett speaks during her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, DC, on October 13, 2020.
Kevin Dietsch/POOL/AFP via Getty Images

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