Amy Coney Barrett grilled on Day 2 of Senate confirmation hearings
Here are highlights of her more than 11 hours of questioning Tuesday.
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.
Headlines:
- Barrett says 'I am not 'a liar,' would not violate judge's oath to be impartial
- Harris: "Suggest that we not pretend that we don't know how this nominee views a woman's right to choose'
- Barrett: Won't be used as a 'pawn to decide this election,' but declines to commit to recusal
- Barrett: Roe v. Wade not a universally-accepted 'super-precedent'
- Barrett on her family's reaction to George Floyd video: 'We wept together'
Barrett has no notes but extensive family showing
Barrett has not relied on one note in the hearing so far, ABC News’ Trish Turner reports inside the hearing room. She has nothing but a blank pad of paper, two pencils and two bottles of water on her table. At one point, she was asked to show what notes she had and held up the pad.
Behind Barrett sits her family.
Earlier in the day, Feinstein asked Barrett to introduce them to the hearing room.
“Judge, it is wonderful to see you here. Also with the family that I have been observing. They sit still, quiet, you've done a very good job,” Feinstein said.
“I have eyes in the back of my head,” Barrett joked, before introducing them. “I have my husband Jesse, my son, J.T., my daughter Emma, my daughter Juliet, my daughter Tess and Liam and six siblings with me today. It's my sister Vivian, my sister Eileen, my brother Michael, my sister Meghan, and my sister Amanda -- and my sister Carey is sitting right over there,” she said.
“You don't have a magic formula for how you do it and handle all the children and your job and your work and your thought process, which is obviously excellent, do you?” Feinstein asked.
“It's improv,” Barrett replied.
Barrett says ‘absolutely not’ when asked if she committed to voting to repeal ACA
Sen. Chuck Grassley, R-Iowa, used his time to slam Democrats for what he called “painting the judge as heartless and on a mission to scrap the health care law.”
“Apparently her concerns in Roberts' ruling in the Obama decision disqualifies her,” Grassley said, referring to his deciding vote to uphold the Affordable Care Act. He then launched into a defense into one of her writings from 2017.
In an essay published by a journal of Notre Dame Law School, Barrett argued that Chief Justice Roberts, who wrote the majority opinion, “pushed the Affordable Care Act beyond its plausible meaning to save the statute” -- a writing Democrats are likely to seize on.
Grassley asked Barrett directly if she has a “goal” of appealing the Affordable Care Act and whether Trump told her to plan on it.
"Absolutely not," Barrett said. "If I had been, that would have been a short conversation."
Grassley also questioned Barrett on her dissent of a case involving The First Step Act, a bipartisan criminal justice bill passed by Congress and signed by Trump in Dec. 2018.
Barrett won’t give views on same-sex marriage, a president’s authority to delay an election
Feinstein, recalling more personal stories, this time of friends married after the landmark case on same-sex rights, Obergefell v. Hodges, pivoted her questioning to Barrett’s views on same-sex marriage.
“Do you agree with this particular point of Justice Scalia's view that the U.S. Constitution does not afford gay people the fundamental right to marry?” she asked.
Barrett, again, said she is not Justice Scalia but also did not give insight into her views, citing the "Ginsburg rule" -- a precedent for refusing to answer questions about issues before the Supreme Court.
“Senator Feinstein, as I said to Senator Graham at the outset, if I were confirmed you would be getting Justice Barrett, not Justice Scalia. So I don't think that anybody should assume that just because Justice Scalia decided a decision a certain way that I would, too,” Barrett began.
“Justice Ginsburg used this to describe how a nominee should comport herself at a hearing, no hints, no previews, no forecasts. That had been the practice of nominees before her but everybody calls it the Ginsburg rule because she stated it so concisely and it has been the practice of every nominee since. I'm sorry to not be able to embrace or disavow his position but I can't do that on any point of law,” Barrett said.
Feinstein replied, “that’s too bad.”
“You identify yourself with a justice that you, like him, would be a consistent vote to roll back hard-fought freedoms and protections for the LGBT community. And what I was hoping you would say is that this would be a point of difference where those freedoms would be respected. And you haven't said that,” Feinstein said.
Barrett responded that she has “no agenda.”
“I do want to be clear that I have never discriminated on the basis of sexual preference and would not ever discriminate on the basis of sexual preference. Like racism I think discrimination is abhorrent. On the questions of law, however, because I'm a sitting judge and because you can't answer questions without going through the judicial process, I can't give answers to those very specific questions,” she said.
Asked earlier by Feinstein if the Constitution gives the president the authority to delay an election, Barrett said she didn't want to be a "pundit."
"If I give off the cuff answers, then I would be basically a legal pundit, and I don't think we want judges to be legal pundits," she said.
Feinstein grills Barrett on her views of the Affordable Care Act
Following the Democratic line of attack from Monday, Sen. Dianne Feinstein, D-Calif., brought up emotional stories from constituents who rely on the Affordable Care Act.
“Judge Barrett, how should the loss of ACA's protection against lifetime coverage caps, caps that can be used to end coverage for life-saving care, factor into a court's consideration of the validity of the ACA?” Feinstein asked. “What is your view?”
“I think that any issue that would arise under the Affordable Care Act or any other statute should be determined by the law. By looking at the text of the statute, by looking at precedent, the same way that it would for anyone. And if there were policy differences or policy consequences, those are for this body. For the court, it's really a question of adhering to the law and going where the law leads and leaving the policy decisions up to you,” she said.
Pressed multiple times to provide more insight on her view, Barrett declined, again citing the canons of judicial conduct she said prohibit her from signaling how she would decide on a case.