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.


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Harris claims Barrett will ‘undo the legacy’ of Ginsburg 

Sen. Kamala Harris, D-Calif., has the historic opportunity this week to question a Supreme Court nominee while on the ticket of a major political party. Appearing virtually, she began her opening statement by criticizing Senate Republicans for holding the hearing and disregarding, she said, the health and safety of Capitol staff.

“The decision to hold this hearing now is reckless and places the facility's workers, janitorial staff and congressional aides and Capitol police at risk, not to mention that while tens of millions of Americans are struggling to pay their bills,” Harris said. “The Senate should be prioritizing coronavirus relief and providing financial support to those families.”

Harris said if Republicans succeed with their nomination, they will likely eliminate protections for 135 million Americans with pre-existing conditions --without regard for the legacy of Justice Ginsburg.

"By replacing Justice Ruth Bader Ginsburg with someone who will undo her legacy, President Trump is attempting to roll back Americans' rights for decades to come,” Harris said. “Every American must understand that with this nomination equal justice under law is at stake. Our voting rights are at stake. Workers' rights are at stake. Consumer rights are at stake. The right to a safe and legal abortion is at stake. And holding corporations accountable is at stake.”

After Harris wrapped, Barrett's children and sisters reentered the hearing room, in a sign that Barrett's opening statement isn't far off.

More on other key questions the court will consider this term can be found here.


Booker says nomination is about overturning Roe v. Wade

Sen. Cory Booker, D-N.J., said in his opening statement that Republicans are rushing through the process with the ultimate goal of overturning not just the Affordable Care Act but Roe v. Wade, calling the whole hearing “a charade.”

“President Trump has explicitly stated he would only put up Supreme Court nominees that would overturn Roe V. Wade. He said it clearly. We should believe him,” Booker began.

“We're here because in the middle of an ongoing election, Republicans have found a nominee in Judge Barrett, to do what they couldn't do, subvert the will of the American people and overturn the ACA and overturn Roe v. Wade,” Booker said. “That's what this is about.”

In an appeal across the aisle, Booker reminded, “If one of my colleagues will stand up on this committee, we will hold this over until after the election," before ripping into the process.

“It's not normal the senators are rushing through a confirmation hearing, violating their own words and their own statements, betraying the trust of the American people and their colleagues and failing to take in this hearing, the most basic safety protections to protect people around them, all to ensure that tens of millions of people will lose their health care when we're seven months into one of the worst public health crises in our country,” Booker concluded.


Ernst defends Barrett’s faith yet no Democrats have raised her religion in the hearing so far

Sen. Joni Ernst, R-Iowa, facing a tight reelection fight, went after Democrats for what she called attacks on Judge Barrett’s Catholic faith -- as her colleague Sen. Hawley had done before -- yet no Democrats have raised her Catholic faith in the hearing so far.

“This week will be an opportunity to dig into your background further and understand more about your judicial philosophy,” Ernst said to Barrett. “But what your political opponents want to paint you as is a TV or cartoon version of a religious radical. A so-called 'handmaid' that feeds into the ridiculous stereotypes they set out to lambaste people of faith in America.”

“They are attacking you as a mom and a woman of faith because they cannot attack your qualifications,” she added.

Ernst, who has served in the Senate since 2015, also said, “It frustrates me and it frustrates my fellow Iowans that the Supreme Court has become a super legislature for a Congress that, frankly, won't come together and discuss the tough issues and do its job.”


Hirono raises own battle with cancer to appeal to GOP colleagues on health care stakes

Sen. Mazie Hirono, D-Hawaii, again emphasized the Democratic attack line: what she called the “devastating” threat Judge Barrett poses to health care of millions of Americans if she’s confirmed, recalling the stories of her constituents who rely on the Affordable Care Act.

“President Trump has been very clear about what he's doing. He's promised to appoint Supreme Court justices, who will strike down the ACA,” Hirono said. “Judge Barrett is keeping her promise.”

“They are confident that victory at the Supreme Court is now within their grasp if the Senate confirms Judge Barrett through this hypocritical, illegitimate process,” she said, before recalling the importance of health care access in her own life.

“To Kimberly, Dean, Jordan and personal to me, too, because I know that having health insurance and access to health care saved my life,” said the kidney cancer survivor. “The Affordable Care Act provided this peace of mind for so many people over the years who found themselves in positions similar to mine. Their lives and health are what's at stake. Their lives are what's at stake with the nomination."

She ended with an emotional appeal to Graham and her Republican colleagues.

“This can be a moment, Mr. Chairman, for you, and your Republican colleagues to show the American people -- terrified about losing their health care -- the same care and compassion you showed me and continued to show me, when I was diagnosed with cancer,” she said. “Let's end this hypocritical, illegitimate hearing, and return to the urgent work we have before us, to help those suffering.”


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.