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.
The claim: Kamala Harris failed the bar exam on her first attempt, while Amy Coney Barrett graduated at the top of her law school class
Some of the most-watched moments from Judge Amy Coney Barrett's testimony before the Senate Judiciary Committee were her exchanges with Sen. Kamala Harris.
One user took to Facebook to compare the qualifications of the conservative Supreme Court nominee and the Democratic vice presidential nominee.
Barrett back on Capitol Hill for senators' final questions
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. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle)
}); Wednesday's session is set to be Barrett's last before the Senate Judiciary Committee.
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"Kamala Harris failed the bar 1st time. Amy Coney Barrett 1st in her class," the post read atop a background of laughter emojis. "I rest."
The user behind the post did not respond to a request from USA TODAY for comment.
Fact check: Photo of maskless Democratic senators is from 2018 Kavanaugh confirmation hearing
Both facts are true
It's true that Harris failed the bar exam on her first attempt, per the New York Times. She later passed.
The bar exam is the qualifying examination for lawyers to receive a license to practice law in a given state.
California has a notoriously difficult bar exam. In 1985, the Los Angeles Times wrote that its pass rate "has generally hovered around 50%."
Fact check: Image showing fly on Amy Coney Barrett’s shoulder during hearing posted as a joke
A viral image of a fly on Amy Coney Barrett's shoulder during her Senate hearing is satirical. The poster and video footage confirm there was no fly.A viral image appears to show a fly on Barrett’s shoulder as she sat during the first day of her Senate hearings. A timestamp in the top left corner of the images reveals that it was taken at 2:08 p.m. ET on Capitol Hill.
Harris graduated from the University of California-Hastings College of the Law in 1989.
Even now, the pass rate on the California Bar Examination averages out to approximately 50%.
In February, just 40% of "first-timers" passed, per a report by the State Bar of California. In July 2019, around 60% of "first-timers" passed, per another report.
Harris once told a recent law school grad who didn't pass the test, "It’s not a measure of your capacity,” the New York Times also reported in 2016.
It's also true that Barrett graduated at the top of her class at Notre Dame Law School, per Politico.
Fact check: Fake Trump tweet says Supreme Court should decide every election
Our rating: True
Based on our research, the claims about both Harris and Barrett are TRUE. Kamala Harris failed the bar exam on her first try, and Amy Coney Barrett graduated law school at the top of her class.
Our fact-check sources:
New York Times, May 25, 2016, Kamala Harris, a ‘Top Cop’ in the Era of Black Lives Matter
Los Angeles Times, Jan. 20, 1985, 41.8% Pass Rate Baffles Experts : Legal Profession Frets as Bar Exam Failures Soar
California Bar Association, General Statistics Report: February 2020 California Bar Examination
California Bar Association, General Statistics Report: July 2019 California Bar Examination
Politico, Sept. 20, ‘She’s been groomed for this moment’: Amy Barrett’s Supreme Court preparation began early
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Trump-Biden town halls, Amy Coney Barrett hearings, Medicare open enrollment begins: 5 things to know Thursday
NBC and ABC host dueling town halls with Trump and Biden, final day of hearings in Amy Coney Barrett's nomination and more things to know Thursday.Start the day smarter. Get all the news you need in your inbox each morning.
Our fact check work is supported in part by a grant from Facebook.
This fact check is available at IFCN’s 2020 US Elections FactChat #Chatbot on WhatsApp. Click here, for more.
Supreme Court nominee Judge Amy Coney Barrett testifies before the Senate Judiciary Committee on the third day of her Supreme Court confirmation hearing on Capitol Hill on October 14, 2020 in Washington, DC.
Sens. Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Richard Durbin (D-Ill.) and Amy Klobuchar (D-Minn.) have a conversation during a Senate Judiciary Committee business meeting prior to the fourth day for the confirmation hearing of President Donald Trumps Supreme Court nominee Judge Amy Coney Barrett.
Pamela J. Roberts of Columbia, representing the American Bar Association, testifies during the confirmation hearing of Supreme Court nominee Amy Coney Barrett before the Senate Judiciary Committee on Capitol Hill in Washington, DC on October 15, 2020. Barrett was not present for the fourth day of testimony.
Chairman Lindsey Graham, R-S.C., and ranking member Senator Dianne Feinstein, D-Calif., attend the Senate Judiciary Committee executive business meeting on Supreme Court justice nominee Amy Coney Barrett.
Sen. Cory Booker (D-N.J.) receives a note from Sen. Ben Sasse (R-Neb.) during a Senate Judiciary Committee business meeting prior to the fourth day for the confirmation hearing of President Donald Trumps Supreme Court nominee Judge Amy Coney Barrett.
Sen. Sheldon Whitehouse (D-R.I.) speaks during a Senate Judiciary Committee business meeting prior to the fourth day for the confirmation hearing of President Donald Trumps Supreme Court nominee Judge Amy Coney Barrett.
This article originally appeared on USA TODAY: Fact check: True claim about Harris failing bar exam on first try and Barrett's law school rank
Senate to vote on Amy Coney Barrett's confirmation to Supreme Court following all-night Senate session .
Judge Amy Coney Barrett is poised become the ninth justice on the Supreme Court on Monday, solidifying a 6-3 conservative majority on the high court.The Republican-led Senate is expected to confirm her to the Supreme Court in a vote Monday evening, capping off a sprint to place Barrett on the high court before Election Day over Democratic objections.