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.
Latest Headlines:
- Barrett makes opening statement focused on family, conservative judicial philosophy
- Harris claims Barrett will ‘undo the legacy’ of Ginsburg
- Booker says nomination is about overturning Roe v. Wade
- Blumenthal tells Barrett: 'You must recuse yourself' from any election-related cases
- Hawley claims Democrats show 'religious bigotry,' defends Barrett’s Catholic faith
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.
Hawley claims Democrats show 'religious bigotry,' defends Barrett’s Catholic faith
Sen. Josh Hawley, R-Mo., who made President Trump’s Supreme Court shortlist of potential nominees himself, used his opening statement to define “a pattern and practice of religious bigotry” he said Democratic members of the committee have shown against Barrett.
"This freedom of conscience and religious liberty underscores all of our other rights because it tells the government that it cannot tell us what to think or who we can assembly with or how we can worship or what we can say,” Hawley said. “This bedrock principle of American liberty is now under attack.”
Hawley deemed stories attacking Judge Barrett's faith "an attempt to bring back the veto power of the powerful over the religious beliefs and sincerely held convictions of the American people.”
He suggested a public official’s freedom of religion is at stake in the confirmation hearing.
“Judge Barrett is a Catholic. We all know that... Heck, 65 million Americans are Catholics and many, many millions more are Christians of other persuasions. Are they to be told that they cannot serve in public office? That they are not welcome in the public here unless the members of this committee sign off on their religious beliefs?” Hawley said. “I don't want to live in such an America.”
“I hope when we look back at the confirmation hearings for Judge Amy Barrett -- soon I hope to be Justice Amy Barrett -- one thing I hope we say is that was the year that the attempt to bring back religious test for office was finally stopped,” Hawley concluded.
He did not mention Trump has repeatedly attacked the faith of his political rivals.