Politics Barrett back on Capitol Hill for senators' final questions

08:05  14 october  2020
08:05  14 october  2020 Source:   msn.com

Amy Barrett's law review articles show how Supreme Court rulings like Roe v. Wade could be challenged

  Amy Barrett's law review articles show how Supreme Court rulings like Roe v. Wade could be challenged Amy Coney Barrett's potential to overturn Roe v. Wade is expected to be a flashpoint in her Senate confirmation hearings, set to start Monday.However, Barrett has written law review articles that outline arguments attorneys theoretically could use in trying to strike down that ruling and other precedents, though the writings are analyses that don't urge specific action or say how she would decide specific cases. Among them: She cited legal experts who do not count Roe v. Wade among so-called "super precedents" — Supreme Court decisions that are so ingrained in American life that they can't be overturned.

Barrett was on Capitol Hill for a second day of hearings, the mood quickly shifting to a more confrontational tone from opening day. The committee chairman, Lindsey Graham, R-S.C., gaveled open the session under coronavirus protocols with questioning focusing on health care and ending

Senators question Amy Coney Barrett on her stance on the Affordable Care Act. Supreme Court nominee Amy Coney Barrett holds up her notepad as she speaks during her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington, Tuesday, Oct.

WASHINGTON (AP) — Supreme Court nominee Amy Coney Barrett returns to Capitol Hill for a third day of confirmation hearings as senators dig deeper into the conservative judge's outlook on abortion, health care and a potentially disputed presidential election — the Democrats running out of time to stop Republicans pushing her quick confirmation.

Supreme Court nominee Amy Coney Barrett strives to show independence from White House, Republicans

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The confirmation hearing for Supreme Court nominee Amy Coney Barrett is underway on Capitol Hill on Monday. If confirmed Barrett would expand If confirmed Barrett would expand the High Court's Conservative majority from six to three. Two Oklahoma senators will have the chance to weigh in on

Amy Coney Barrett arrived Capitol Hill Monday for the first day of her confirmation hearing before the Kamala Harris spoke to the Judiciary Committee remotely from her Capitol office just steps away from Senators ' questioning of Barrett will commence Tuesday. Sen . Thom Tillis of North Carolina

Wednesday's session is set to be Barrett's last before the Senate Judiciary Committee. She has been batting away questions in long and lively exchanges, insisting she would bring no personal agenda to the court but decide cases “as they come.”

Her nomination by President Donald Trump to replace the late Justice Ruth Bader Ginsburg has ground other legislative business to a halt as Republicans excited by the prospect of locking in a 6-3 conservative court majority race to confirm her over Democratic objections before Election Day.

“We're going to fill this vacancy,” Sen. Lindsey Graham, R-S.C., the committee chairman, said late Tuesday after a nearly 12-hour session.

Fact check: Image showing fly on Amy Coney Barrett’s shoulder during hearing posted as a joke

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Democratic senators are focused on the potential of a Barrett confirmation resulting in the repeal of the Affordable Care Act. United States Senator Dianne Feinstein (D-CA) and United States Senator Amy Klobuchar (D-MN) are seen during the Supreme Court nomination of Judge Amy Coney Barrett

Senator Chris Coons insisted Barrett 's impartiality could come into question if a case on deciding Like other nominees before her, Barrett held back on the most controversial cases coming before Like the first day of the hearing Monday, demonstrators immediately gathered outside on Capitol Hill

Graham said he appreciated that Trump had nominated a judge “who's unabashedly pro-life, somebody who embraces their faith, but somebody who understands the difference between their personal views and judging.”

Barrett's nomination has been the focus at a Capitol mostly shut down by COVID-19 protocols, frustrating Democrats who are virtually powerless to stop a judge from confirmation. They warn she will be seated on the court in time to cast a vote to undo the Affordable Care Act next month, causing millions of Americans to lose coverage during a pandemic.

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Republican and Democratic senators clashed during the first day of the fast-tracked confirmation hearing of Amy Coney Barrett to the Supreme Court, with Republicans Josh Hawley, R-Mo., on Capitol Hill in Washington, Thursday, Oct.

Senators asked Barrett if she would recuse herself from the Affordable Care Act (ACA) case or a case involving the outcome of the Nov. After a separate back -and-forth with Durbin on the Second Amendment and voting rights, Barrett interjected that she didn’t have an agenda.

“People are fed up,” said Sen. Dick Durbin, D-Ill., criticizing GOP priorities in forcing the Senate action as the country suffers from the pandemic and Congress squabbles over approving additional economic aid.

The 48-year-old appellate court judge declared her conservative views in often colloquial language, but she refused many specifics Tuesday. She aligns with the late Justice Antonin Scalia, a conservative mentor, and declined to say whether she would recuse herself from any election-related cases involving Trump and Democratic nominee Joe Biden.

“Judges can’t just wake up one day and say I have an agenda — I like guns, I hate guns, I like abortion, I hate abortion — and walk in like a royal queen and impose their will on the world,” Barrett told the committee during its second day of hearings.

“It’s not the law of Amy,” she said. “It’s the law of the American people.”

Trump seemed pleased with her performance. “I think Amy’s doing incredibly well,” he said at the White House departing for a campaign rally.

Trump has said he wants a justice seated for any disputes arising from his heated campaign against Biden, but Barrett testified she has not spoken to Trump or his team about election cases. Pressed by Democrats, she skipped past questions about ensuring the date of the election or preventing voter intimidation, both set in federal law, and the peaceful transfer of presidential power. She declined to commit to recusing herself from any post-election cases without first consulting the other justices.

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Barrett presented her approach to the law as conservative and fair on Monday at the start of fast-tracked confirmation hearing. Yet Senator Kamala Harris, Democratic presidential nominee Joe Biden's running mate, warned that Barrett 's nomination puts in jeopardy everything Ginsburg fought

Each senator has the final call on whether to attend in person. Democratic Senator Kamala Harris Barrett is expected to tell senators that as a judge she seeks to “reach the result required by the Barrett will face questions from senators on Tuesday and Wednesday in lengthy all-day sessions.

“I can’t offer an opinion on recusal without short-circuiting that entire process,” she said.

A frustrated Sen. Dianne Feinstein, the top Democrat on the panel, all but implored the nominee to be more specific about how she would handle landmark abortion cases, including Roe v. Wade and the follow-up Pennsylvania case Planned Parenthood v. Casey, which confirmed it in large part.

“It’s distressing not to get a good answer,” the U.S. senator from California told the judge.

Barrett was unmoved. “I don’t have an agenda to try to overrule Casey,” she said. “I have an agenda to stick to the rule of law and decide cases as they come.”

She later declined to characterize the Roe v. Wade decision that legalized abortion as a “super-precedent” that must not be overturned.

Democrats had no such reticence.

"Let’s not make any mistake about it,” said California Sen. Kamala Harris, the Democratic vice presidential nominee, appearing remotely due to COVID concerns.

Allowing Trump to fill the seat with Barrett “poses a threat to safe and legal abortion in our country," Harris said.

The Senate, led by Trump’s Republican allies, is pushing Barrett’s nomination to a quick vote before Nov. 3, and ahead of the latest challenge to the Affordable Care Act, which the Supreme Court is to hear a week after the election. Democrats warn that she would be a vote to undo the “Obamacare” law.

Amy Coney Barrett's Supreme Court hearings lacked the drama that Brett Kavanaugh's proceedings had. Here's why.

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"I'm not hostile to the ACA,” Barrett told the senators.

The judge, accompanied by her family, described herself as taking a conservative, originalist approach to the Constitution. A former law professor, she told the senators that while she admires Scalia, she would bring her own approach.

“You would not be getting Justice Scalia, you would be getting Justice Barrett,” she declared.

Overall, Barrett's conservative views are at odds with the late Ginsburg, a liberal icon. She would be Trump's third justice.

Underscoring the Republicans’ confidence, Graham set an initial committee vote on the nomination for Thursday, the last day of hearings, which would allow final approval by the full Senate by the end of the month.

Protesters rallied outside the Senate building, unable to come inside the hearing room.


Associated Press writers Mary Clare Jalonick, Matthew Daly and Jessica Gresko in Washington, and Elana Schor in New York contributed to this report.

Republicans on Senate panel to vote on Amy Coney Barrett's Supreme Court nomination as Democrats boycott hearing .
The Senate Judiciary Committee will vote on Amy Coney Barrett's confirmation to the Supreme Court on Thursday, setting up a full Senate vote Monday.The Senate Judiciary Committee is set to meet at 9 a.m. EDT. Barrett is expected to be approved by Republicans who hold the majority on the panel, with Democrats saying they will boycott the day's proceedings. The full Senate is expected to take a final vote on Barrett's confirmation on Monday, eight days before Election Day.

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