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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Coons deems Barrett a danger to election, health care and ‘long-settled rights’

Sen. Chris Coons, a Delaware Democrat, hit on what he called the dangers of holding the hearing after two members of the committee have tested positive for COVID-19 and even more have come in contact with someone who has tested positive in recent days -- calling it a “rushed, hypocritical, partisan process [that] should not proceed.”

“This is an ongoing national emergency and as an exercise in civics, not politics, we in Congress should be working day and night to deliver them that [COVID] relief. Instead my colleagues are barreling forward with a confirmation hearing that's distracting from our responsibility to our constituents and threatens to further tear our nation apart,” Coons said.

Coons added, “Proceeding with this nomination at this time will do harm to what remaining trust we have in each other, the Senate as a whole and potentially to the court itself.”

As with Democrats before him, he humanized the Affordable Care Act by recalling stories of constituents who have relied on the law, and he said he doesn’t think the timing of Judge Barrett's nomination is any “coincidence.”

“It is beyond ironic this administration, which has failed to respond to this pandemic, is rushing through a judge they believe will vote to strip away health care protections,” he said.

“Judge Barrett I'm not suggesting you made some secret deal with President Trump. But I believe the reason you were chosen is precisely because your judicial philosophy as repeatedly stated could lead to the outcomes President Trump has sought. And I think that has dramatic and potentially harmful consequences with regards to the election, the Affordable Care Act and long-settled rights,” he said.


Klobuchar appeals to American people: 'Your health care is on the line'

Sen. Amy Klobuchar, D-Minn., a former prosecutor, took the Democratic case directly to the American people in her opening statement, telling them to call Republican senators and tell them "enough is enough."

“Why, Senator Cruz, does President Trump matter?” she began in response to her GOP colleague immediately preceding her. “He is putting the Supreme Court in place in his words to, quote, ‘look at the ballots,’ end quote.”

“Well, I won't concede that this election is headed to the courts because you know at home exactly what the president is up to. That's why you are voting. That's why you are voting in droves. Why are you voting? Well, you know that your rights, your health care is on the line.”

Klobuchar emphasized that Judge Barrett has been critical on multiple occasions of the court upholding the Affordable Care Act -- and the timing of its oral arguments on its fate on Nov. 10.

“To the women of America, we have come so far and in the name of RBG. We should not go backwards,” she said. "This isn't Donald Trump's country. It is yours.”

“This shouldn't be Donald Trump's judge. It should be yours."


Cruz claims all Republicans support preexisting conditions 

Sen. Ted Cruz, R-Texas, ticked off a list of Judge Barrett’s accomplishments and gave a misleading statement on where Republicans have historically stood on preexisting conditions.

"Every single member of the Senate agrees that pre-existing conditions can and should be protected. Period. The end,” Cruz said. "There is complete unanimity on this."

But Cruz is the senator whose filibuster in 2013 shut down the government over the Affordable Care Act which covers preexisting conditions.

Cruz, appearing virtually, tested negative for COVID-19 but has been self-quarantining after coming into contact with Lee, who tested positive yet delivered his opening statement in-person and without a mask.


Whitehouse calls Trump ‘an irresponsible botch’

Sen. Sheldon Whitehouse, D-R.I., deemed Judge Barrett’s nomination and President Donald Trump’s inability to keep the White House safe from COVID-19 both “an irresponsible botch.”

“America is worried about one thing above all else right now and it's our health. This hearing itself is a microcosm of Trump's dangerous ineptitude in dealing with the COVID pandemic. Trump can't even keep the White House safe. Here it's the chairman's job to see to the committee's safety. And though his words were reassuring, I don't know who has been tested,” Whitehouse said, noting that Graham didn't release the results of a second test.

“The whole thing, just like Trump, is an irresponsible botch. The irony is that this slapdash hearing targets the Affordable Care Act,” Whitehouse said.

He went on to say Americans see this nomination as an “ugly hasty hypocritical power grab” and that “they know what it means for their health care in the midst of a pandemic.”

“For Republicans, there is no washing your hands of responsibility for the results that your president has told us will ensue,” he added.


Blackburn says Democrats should be more supportive of a ‘female legal superstar’

Sen. Marsha Blackburn, R-Tenn., focused her remarks on the rhetoric around Barrett as a woman and mother, questioning why her Democratic colleagues aren’t more supportive of someone she called a “successful female legal superstar.”

“Given your track record, you would think that my colleagues would jump at the opportunity to support a successful female legal superstar, who is highly regarded by both her Democratic and Republican colleagues, and who is a working mom. But as today's increasingly paternalistic and frankly disrespectful arguments have shown, if they had it their way, only certain kinds of women would be allowed into this hearing room," Blackburn said.

“On that note, not so long ago in another hearing they scrutinized your commitment to your Catholic faith and tried to use that as a way to question your competency and your professionalism,” Blackburn said, referring to Judge Barrett’s confirmation hearing to a federal appeals court in 2017, though Barrett's faith has not yet been raised by Democrats in her Supreme Court nomination.

Blackburn, as several of her GOP colleagues before her had done, raised the Justice Kavanaugh hearings and deemed the sexual assault allegation against Kavanaugh another effort “to delay and obstruct legitimate constitutionally sound confirmation hearing.”

“Let's not forget it was the Democrats who took an axe to the process in 2018 when they dropped last-minute, unsubstantiated sexual assault allegations against Justice Kavanaugh. We still don't have the full story about their level and manner of coordination with activists and mainstream media outlets, but what we do know is that they turned that confirmation into a circus.”