Judge Amy Coney Barrett’s Senate confirmation hearings continue on Tuesday. Senators will have two days of questioning.
Stay tuned to Breitbart News for live updates.
All times Eastern.
9:55 AM: Feinstein now on to “LGBT equality,” which she says is very personal to her.
Left had their concerns about Feinstein, and some are not happy with the senior California Senator’s performance so far.
I swear to freaking God, DiFi is trying to redeem *herself* on abortion question instead of fucking doing the thing where she points out that this process is illegitimate!!!
— Elie Mystal (@ElieNYC) October 13, 2020
9:38 AM: Feinstein now on to gun control. She says there has been an increase in gun sales during the COVID crisis and talks about “troubling” gun sales numbers in march. She does not mention the mass riots and looters.
She asks if state and local governments have a compelling interests in curbing gun sales during a pandemic. Barrett says it would be subject to the same judicial process and says Heller leaves room for gun regulation. She says she is constrained about commenting on the limits.
Feinstein now on to health care, and she shares a story from Sen. Tammy Baldwin (D-WI) about one of her constituents who was paralyzed from the waist down in an accident. His insurance company told him he was nearing his lifetime maximum until Obamacare provisions kicked in and there were no longer lifetime maximums. Feinstein asks Barrett how the potential loss of lifetime maximums should factor into the Obamacare case. Barrett tells Feinstein the case coming before the Supreme Court does not concern lifetime maximums. She says the policy decisions should be left up to legislators.
Feinstein says it is her understanding that Barrett was critical of Chief Justice Roberts for upholding Obamacare and asks in what ways did Roberts go beyond Obamacare’s meaning. Feinstein says there is “great concern” about her views on the cases coming up. Barrett again says the issues in the case coming up is a “different issue” (severability). She says the case that is coming up before the Supreme Court is different than Burwell (“established by the state”). Barrett says the canons of judicial conduct would prohibit her from expressing her views on the Obamacare case coming up before the Supreme Court. Barrett also points out that she hasn’t written anything about severability.
On voter fraud, Barrett asks if the Constitution gives the president the authority to delay a federal election. She doesn’t want to give off-the-cuff answers like a legal pundit because she would have to approach such a hypothetical case with an open mind after reading briefs and hearing arguments.
9:32 AM: After asking Barrett to introduce her family, Feinstein starts her questioning about abortion. She talks about seeing people go to Mexico in college to have abortions in the 1950s when abortion was illegal.
When asked if she agrees with Scalia’s belief that Roe was wrongly decided, Barrett says on that question, she is going to invoke Kagan’s description about not giving precedent a thumbs up or thumbs down. She says it would signal to litigants that she tilts one way or another if she answers that question.
Feinstein says it’s “distressing not to get a straight answer.”
Feinstein to Barrett after she declines to say if Roe v. Wade was wrongly decided: “On something that is really a major cause with major effect on over half of the population of this country, who are women … it’s distressing not to get a straight answer.” https://t.co/OFIhfeFBUy pic.twitter.com/M4ePqu4eMo
— ABC News (@ABC) October 13, 2020
Feinstein asks the question again, and Barrett says she completely understands why she is asking the question. When asked if she agrees with Scalia that the Court should overturn Roe, Barrett says her answer is the same. She says she can’t pre-commit to approaching a case a particular way.
Barrett says she will obey all the rules of stare decisis after saying the contentious cases like Casey are still up for debate.
9:15 AM: On abortion, Graham, in a tough re-election campaign, talks about his fetal heartbeat bill and seems just as concerned about his reelection than questioning Barrett. Graham allowing Barrett to describe how various cases would eventually end up in the Supreme Court. Barrett says it’s not just a vote and the judicial process is different.
Judge Barrett is using no notes. pic.twitter.com/zqZ6QGckOq
— Trish Turner (@caphilltrish) October 13, 2020
Barrett says she owns a gun when asked. She says she can fairly decide a case even though she owns a gun.
Barrett says she can set aside her Catholic beliefs to fairly decide cases when asked by Graham.
Graham now asks the same process question about Citizens United and Obergefell (same-sex marriage) like he did with Heller.
Chairman @LindseyGrahamSC cracks a joke about money in politics while asking about the precedent set by Citizens United. His Democratic opponent in SC raised $57 million in the last fundraising quarter
— Gabby Orr (@GabbyOrr_) October 13, 2020
Graham now asks Barrett about substantive due process. She explains that there are some rights not expressed in the Constitution that people possess that states can’t take away without really good reasons. She mentions birth control and abortion and says there is a debate about how to define these rights and how far they should go.
Barrett now explaining stare decisis and precedent and reliance interests.
Graham asks Barrett about recusal regarding Obamacare and asks her if there is precedent on the issue. Barrett says there is not an issue of precedent in the case coming up before the Court because it is about severability.
Barrett says she has tried to be on a “media blackout” for the sake of her mental health but that is impossible and she is aware of a lot of caricatures that are going around about her faith and multi-racial family.
9:02 AM: Graham says he will try to demonstrate the difference between politics and judging when it comes to Obamacare. He says Obamacare has been a “disaster” for South Carolina. He says he wants “South Carolina Care” in his state. Graham says to Democrats Obamacare is a “placeholder for single-payer health care.” He has spent the the first five minutes of his allotted time railing against Obamacare.
Barrett explains that she is an originalist and when asked if she is a “female Scalia,” Barrett says he was a mentor and his philosophy is hers. She says she is is an originalist and also a textualist when it comes to statutes.
She says if she is confirmed, though, you would be getting Justice Barrett and not Justice Scalia. She says originalist and textualists sometimes disagree, citing the times Justices Thomas and Scalia have disagreed.
Graham says Barrett is one of the greatest picks Trump has made. Questioning now turns to Brown vs. Board of Education and super-precedents.
She says there would need to be segregation again for Brown to be overturned. Barrett says she does not see that happening any time soon.
Barrett says judges have to wait for cases and controversies and can’t walk in like a queen and be for gun control or against abortion.
9:01 AM: Graham gavels in the second day of hearings. He hopes to get through the first round of 30-minutes of questioning today.
8:50 AM: Expect Senate Judiciary Committee Democrats to stay on message for the next two days and make it all about health care:
This is your Tuesday morning reminder that a vote for Judge Barrett is a vote to repeal the Affordable Care Act. pic.twitter.com/FVQB5jwQAd
— Senator Chris Coons (@ChrisCoons) October 13, 2020
HAPPENING SOON: As this flawed Supreme Court nomination process continues, Democrats will question Judge Barrett and explain why her nomination is a direct threat to health care and other fundamental rights. The hearing begins at 9 a.m. EST. https://t.co/JGk6neUl6o
— Senator Dianne Feinstein (@SenFeinstein) October 13, 2020
That’s what happens when you’ve told everybody loudly you’re going to use this appointment to take away ACA health care, and then you do — in the middle of an ongoing pandemic that’s given millions of American survivors a new pre-existing condition. https://t.co/YMNqUnMc9A
— Sheldon Whitehouse (@SenWhitehouse) October 13, 2020
8:45 AM: A long day of questioning ahead.
It’s Day 2 for Senate Judiciary confirmation hearings where each Senator on 22-mbr cmte (12Rs, 10Ds) will question Supreme Court nominee Amy Coney Barrett for up to 30 minutes by seniority. Hearing resumes at 9am & expected to last into the evening. https://t.co/X4LhyEidmX @cspan pic.twitter.com/FNVc2gxZ7p
— Craig Caplan (@CraigCaplan) October 13, 2020