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'
Harris: "Suggest that we not pretend that we don't know how this nominee views a woman's right to choose'
The Democratic nominee for vice president, Sen. Kamala Harris, D-Calif., appearing virtually, opened her line of questioning with a 10-minute defense of the Affordable Care Act, arguing Republicans are confirming Barrett before the election so they can achieve their goal of getting the court to strike down the health care law.
She asked Barrett when she wrote the article which criticized the majority decision of Chief Justice Roberts to uphold the Affordable Care Act, homing in on the timeline.
Barrett said she didn’t remember when she wrote it, but Harris responded that Trump nominated Barrett to the Seventh Circuit court five months after the article was published.
"In other words, the Affordable Care Act and its protections hinge on this seat,” Harris claimed. "You've already opined the constitutionality of the Affordable Care Act. And that position satisfied the president's promise to only nominate judges who would tear down the Affordable Care Act."
Harris also asked if she was aware of Trump's statements committing to nominate judges who would strike down the Affordable Care Act before she was picked -- to which Barrett said she didn’t recall.
"I want to be very very careful. I'm under oath. As I'm sitting here, I don't recall seeing those statements,” Barrett said.
Highlighting the real-world impact of the health care law, as her Democratic colleagues had before her, Harris then asked, “Would you consider the 135 million people who gained protection under the Affordable Care Act when deciding the case that challenges that law?"
"Senator Harris, if I were to be confirmed and conclude that I was not -- I was able to sit on the case pursuant to the recusal statute and heard the case and decided the case, I would consider all the protections that Congress put in place," Barrett said.
Harris ended her questioning by arguing Barrett has been much less forthcoming than Justice Ginsburg was in her confirmation hearing, specifically when it came to legislation involving reproductive rights, but said the American people should be familiar with Barrett's views by now.
“I would suggest that we not pretend that we don't know how this nominee views a woman's right to choose," she added, referring to Roe v. Wade.
Committee breaks for dinner, Trump says Barrett 'doing incredibly well'
Graham called a 30-minute break shortly after 6:20 p.m.
Meanwhile, President Trump, leaving for a campaign rally in Pennsylvania, told reporters, "I think Amy's doing incredibly well. It's been a great day."
Trump lashes out at Booker for making 'false charges and statements about me,' but civility rules inside hearing room
President Trump had held his fire about the ongoing confirmation hearing, but criticism from Democratic Sen. Cory Booker prompted him to respond on Twitter.
He specifically charged Booker with making "false charges and statements about me."
The tweet stood in sharp contrast with the civility inside the hearing room.
ABC News' Devin Dwyer reports the outright cordiality between members of both parties on the Senate Judiciary Committee, and between Democrats and Trump's Supreme Court nominee, is far from the polarized politics and deeply personal and hateful attacks seen in recent months and years.
There have been few fireworks and even fewer cases of senators and the nominee talking over each other.
Democrats are going out of their way to avoid cutting Barrett off -- and if they do, doing so with utmost sensitivity.
"Would you like to say something? I don't want to cut you off," said Sen. Dick Durbin, D-Ill. "No, that's okay," said Barrett.
Later, when pressing Barrett on a rape scenario, Sen. Richard Blumenthal, D-Conn., interjected, "I apologize for interrupting you, pressed for time. Respectfully, I want to share another health care story with you."
Booker, who brought theatrics of his own to the Brett Kavanaugh hearings, noted "good behavior" by the committee Tuesday.
"Judge, I apologized especially after the good behavior that was noted that we shouldn't be talking over each other. My time is running quickly," he told Barrett.
-ABC News' Jordyn Phelps and Devin Dwyer
Barrett dodges questions on a peaceful transfer of power, presidential pardoning powers
Barrett looked uncomfortable with questions raised by Sen. Cory Booker, D-N.J., who asked generally about the powers of a president but Barrett noted their current relevancy.
"Do you believe that every president should make a commitment unequivocally and resolutely for the peaceful transfer of power?" he asked.
"Well, Senator, that seems to me to be pulling me in a little bit into this question of whether the president has said he would not peacefully leave office. To this extent that it's a political controversy, as a judge I want to stay out of it," Barrett replied, before calling the historic peaceful transfer of power "one of the beauties of America."
"Do you think the president has the power to pardon himself or any past or future crimes he may have committed against the United States of America?" he asked.
"Senator Booker, that would be a constitutional question. In keeping with my obligation not to give hints, previews or forecasts of how I would resolve the case, that's not one I can answer," Barrett replied.
Booker also asked if it is unreasonable for those who rely on the Affordable Care Act to believe it might be overturned if she were to be confirmed to the Supreme Court.
"All I'm asking is can you empathize with that?" Booker pressed. "Can you understand that?"
"Senator, I can certainly empathize with people who are struggling. I can empathize with people who lack health care," Barrett said. "One of the things that was so striking to me when we went to get our daughter, Vivian, from the orphanage in Haiti, the lack of access to basic things like antibiotics. It made me appreciate the fact that we have access to health care. I can certainly empathize with all of that."
She went on to say, "With respect to the ACA, should I be confirmed and as I've said I would consider the issue of recusal, threshold question of law and whether to hear that case."
"As a guy who looks at justices, I was asking you to express that you understand the fear that is in America right now," Booker said.
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.