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 arrives on Capitol Hill
Barrett arrived on Capitol Hill about 8:30 a.m. Tuesday with her children and extended family following in a line behind her.
The first question and answer round in the confirmation hearings for Judge Barrett will kick off shortly in the Senate Judiciary Committee.
Breakdown for Day 2
Senators will have the opportunity to grill Judge Barrett Tuesday on her judicial philosophy in what is expected to be a marathon question and answer session. Committee aides tell ABC News to expect the day to last between nine and 12 hours.
All 22 members of the Senate Judiciary Committee are allotted 30 minutes each to question the nominee in the first round, making the total run time 11 hours -- but Graham may decide to break up round one of questioning into Wednesday.
Graham will give an introduction and swear in Barrett around 9 a.m. to begin the hearing.
Democrats are expected to press Trump's nominee on the Affordable Care Act and the precedent of Roe. v. Wade.
-ABC News' Trish Turner and Allie Pecorin
Key takeaways from 1st day of Amy Coney Barrett's Supreme Court nomination hearing
The Senate Judiciary Committee on Monday spent roughly five hours hearing opening statements from lawmakers and Judge Amy Coney Barrett, as they began considering her nomination to the Supreme Court.
While the outcome of the process is not in doubt -- Republicans have the votes and the political will to report her nomination to the full Senate chamber and tee up a final vote before Election Day -- senators previewed their strategies for handling the controversial confirmation process unfolding as Americans are already voting in states across the country.
Barrett’s friend and colleague: Be careful about 'too many assumptions'
Nicole Garnett, a friend and colleague of Judge Barrett who has known her since they both served as law clerks for Supreme Court justices, said Barrett has the qualifications and characteristics that will make her an "amazing justice."
"She's got a great legal mind, she's a person of great character, a person of humility, she's kind to everyone, she's compassionate, she impresses everybody, she works harder than everybody else," Garnett said during an interview on ABC News Live.
Garnett, a law professor at the University of Notre Dame, had just started a clerkship with Justice Clarence Thomas in 1998 when she met Barrett, who was clerking for Justice Antonin Scalia.
Barrett has said her philosophy is that of Scalia's, which is to apply the law as written as she sees it -- but Garnett warned that the public "should really be careful before we make too many assumptions about people based on the party of the president who nominated them."
Barrett won’t say whether she agrees with Scalia that Roe was wrongly decided
Ranking member Sen. Dianne Feinstein, D-Calif., focused squarely on the future of the landmark abortion cases -- Roe v. Wade and Planned Parenthood v. Casey -- recalling a time when abortion was not legal in the U.S. and she says she saw young women hurt themselves trying to seek care elsewhere as a result.
“Do you agree with Justice Scalia's view that Roe was wrongly decided?” Feinstein asked.
Barrett declined to answer specifically, citing precedent to not share how one would decide on a case as a sitting judge.
Barrett declines to answer: “If I express a view on a precedent … it signals to litigants that I might tilt one way or another in a pending case.”
“I'll invoke Justice Kagan's description in her confirmation hearing. She said she wouldn't grade precedent or give it a thumbs up or thumbs down. In an area where precedent continues to be pressed and litigated -- as is true of Casey -- it would be particularly -- it would be wrong and a violation of the cannons for me to do that as sitting judge,” Barrett said. “So if I express a view on the precedent one way another whether I say or love it or hate it, it signals to litigants I might tilt one way or another in a pending case.”
Feinstein, saying she was "distressed not to get a straight answer," tried again. “Do you agree with Justice Scalia's view that Roe can and should be overturned by the Supreme Court?”
Barrett provided the same non-answer.
“Because, you know, that's a case that is litigated. It could -- its contours could come up again. They came up last term before the court. So, I think what the Casey standard is and that's just a contentious issue which is one reason why it would be comforting for you to have an answer but I can't express views on cases or pre-commit to approaching a case any particular way,” she said.
Feinstein said Barrett’s answer would make it difficult for women on the committee to support her.