Amy Coney Barrett begins Supreme Court confirmation hearing

Here are highlights of how both sides set the stage for questioning.

The high-stakes confirmation hearing for Judge Amy Coney Barrett, President Donald Trump’s Supreme Court nominee, got underway Monday as Senate Republicans 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, overseen by chairman Sen. Lindsey Graham, are unprecedented, with some members participating virtually and in-person. Barrett will appear at the witness table to face questions each day.

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

Barrett, 48, a devout Roman Catholic, was a law clerk to conservative Justice Antonin Scalia, considers him her mentor 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 to the Seventh U.S. Circuit Court of Appeals in May 2017 and confirmed by the Senate that October in a 55-43 vote.


0

How the hearings will look amid COVID-19 pandemic

The four days of Supreme Court confirmation hearings held by the Senate Judiciary Committee will look vastly different than previous hearings because of COVID-19 restrictions.

Sen. Mike Lee, R-Utah, and Sen. Thom Tillis, R-N.C., tested positive for the coronavirus after attending the White House Rose Garden ceremony to announce Barrett's nomination. As a result, members have the option of participating in the hearings remotely. Barrett is expected to appear in person, Lee is "undecided" and Tillis said Tuesday on Fox News that he anticipated attending some days of the hearing virtually.

On Friday, Sens. Kamala Harris, D-Calif., Patrick Leahy, D-Vt., and Cory Booker, D-N.J., sent a letter to Graham demanding "stringent" testing for all those in attendance. Sen. Joni Ernst, R-Iowa, tweeted that she also supported testing for members. But Graham has not responded.

Leahy, who is 80 years old, has decided to stay away from the hearings because of Graham's failure to respond. He and Harris have said they will participate remotely as a result.

Democrats are expected to mount additional challenges to safety of the hearing's proceedings, an official confirmed to ABC News.

Masks are now a mainstay of hearings on the Hill.

Long lines of spectators snaking through the halls of the Hart Senate Office Building waiting to get a glimpse of the proceedings will also be gone as the public will not be allowed inside. Only members, Barrett's guests, staff and journalists will be permitted.

Members who do appear will do so in bursts, an official confirmed to ABC News. They may appear to question Barrett but must return to their offices to watch the remainder of the hearing from a more isolated location.

-ABC News' Allison Pecorin


Barrett confirmation would make SCOTUS history

Amy Coney Barrett, if confirmed to the U.S. Supreme Court, would be the nation's 115th justice of SCOTUS and the first woman of school-aged children to serve on the nation's highest court.

No nominee has ever been confirmed by Congress this close to the election.

-ABC News' Trish Turner


Barrett to focus on family, morals, judicial philosophy in opening remarks

Supreme Court nominee Judge Amy Coney Barrett will focus on her family, morals and judicial philosophy when she appears before the Senate Judiciary committee Monday, according to a copy of her opening statement released Sunday.

The 48-year-old judge on the Seventh Circuit Court of Appeals, Notre Dame law professor and mother of seven wrote in her statement that she was "used to being in a group of nine -- my family."

Barrett, who was nominated to fill the seat left vacant by the late Justice Ruth Bader Ginsburg, references the lessons she learned from the late Supreme Court Justice Antonin Scalia, particularly as it pertains to her interpretation of the law, in her statement.

"The policy decisions and value judgements of government must be made by the political branches elected by and accountable to the people," Barrett's statement reads. "The public should not expect courts to do so, and courts could not try."

-ABC News' Allison Pecorin


Majority says wait on the SCOTUS seat; 6 in 10 favor upholding Roe: POLL

Six in 10 registered voters say the U.S. Supreme Court should uphold Roe v. Wade as the basis of abortion law in the United States, and a majority in an ABC News/Washington Post poll -- albeit now a narrow one -- says the Senate should delay filling the court's current vacancy.

Sixty-two percent in the national survey say they would want the court to uphold Roe, while 24% would want it overturned; 14% have no opinion. There are broad political, ideological and religious-based divisions on the question.

Separately, 52% say filling the seat opened by the death of Ruth Bader Ginsburg last month should be left to the winner of the presidential election and a Senate vote next year. Forty-four percent instead say the current Senate should vote on Trump's nomination of Amy Coney Barrett to the position.

That's a closer division than the 57%-39% preference for waiting in an ABC/Post poll late last month. That poll was conducted before Trump nominated Barrett and the Senate moved to proceed with her confirmation hearings, scheduled to start Monday.

Opposition to action has dropped among political independents, from 63% to 51%. Eighty-three percent of Democrats favor waiting to fill the seat, while 77% of Republicans in this poll, produced for ABC by Langer Research Associates, support action now.

Similarly, 77% of conservatives want action by the current Senate; 64% of moderates and 87% of liberals say wait. Among registered voters who want Roe upheld, 68% say the Barrett nomination should be set aside; among critics of Roe, 71% want the Senate to proceed.

Read more about the new ABC News/Washington Post poll here.

-Gary Langer of Langer Research Associates, conducted the poll.


Barrett makes opening statement focused on family, conservative judicial philosophy

Judge Barrett, who has been diligent in keeping her mask on throughout the hearing, except for an occasional sip of water, removed it to be sworn in and to deliver her opening statement.

“As I said when I was nominated to serve as a justice, I am used to being in a group of nine -- my family," Barrett began. "Nothing is more important to me, and I am so proud to have them behind me."

Barrett said she'd bring new perspectives to the bench as she'd be the first mother of school-age children to serve, the first justice from the Seventh Circuit in 45 years and the only sitting justice who didn’t attend Harvard or Yale law schools.

After speaking of her own upbringing and family of nine, Barrett turned to how she interprets the law, following in the textualist and originalist approach of Justice Antonin Scalia, for whom she clerked. "It was the content of Justice Scalia's reasoning that shaped me. His judicial philosophy was straightforward: 'A judge must apply the law as it is written, not as she wishes it were,'" she said.

“Justice Scalia taught me more than just law. He was devoted to his family, resolute in his beliefs, and fearless of criticism. And as I embarked on my own legal career, I resolved to maintain that same perspective,” she said. “I worked hard as a lawyer and a professor; I owed that to my clients, my students, and myself. But I never let the law define my identity or crowd out the rest of my life.”

Barrett said a similar principle of separation applies to the role of the courts, a line that will likely pick up traction in questioning from Democrats.

“The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people. The public should not expect courts to do so, and courts should not try,” she said.

Invoking her children, Barrett described the standards she says she sets for herself on ruling in any court, another line Democrats will likely seize on in their arguments for upholding the Affordable Care Act.

“When I write an opinion resolving a case, I read every word from the perspective of the losing party. I ask myself how would I view the decision if one of my children was the party I was ruling against: Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law?” she said.

Barrett said she never sought out the Supreme Court nomination and thought carefully before accepting, acknowledging she will never take the place of Justice Ginsburg.

“I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place. I will be forever grateful for the path she marked and the life she led,” she said.