War over Amy Coney Barrett’s nomination begins as Democrats go all in on attacking her
War over Amy Coney Barrett’s nomination begins as Democrats go all in on attacking her over Obamacare and Republicans call her ‘a new Scalia’ – as pro-abortion protesters mass outside the Capitol
- Amy Coney Barrett arrived on Capitol Hill Monday for the first day of her confirmation hearing before the Senate Judiciary Committee
- Demonstrators also gathered outside with some showing their opposition to Barrett’s confirmation and others urging the Senate to confirm the nominee with sings reading ‘Women for AMY’ and ‘Confirm AMY’
- Some protesters blocking the entrance to Dirksen Senate Office Building, where the hearing is taking place, were arrested by Capitol Police
- Democrats have raised concerns that Barrett’s confirmation, which would create a 6-3 conservative majority on the Supreme Court, could threaten the landmark case used as the basis for abortion laws in the U.S.
- Barrett, a devout Roman Catholic and mother of seven, will deliver her statement on first day of her Senate confirmation hearing on Monday afternoon after statements from all members of the committee
- Senate Judiciary Committee Chairman Lindsey Graham predicted Sunday that Barrett will be confirmed by October 27 – a week before the presidential election
- ‘This is going to be a long and contentious week,’ Graham said during his opening statement Monday
Clashes ensued immediately Monday morning as senators delivered their opening statements during the first day of Amy Coney Barrett’s Supreme Court confirmation hearing for what’s bound to be a controversial week.
Democrats kicked off the day by claiming Barrett would dismantle the Affordable Care Act and rid women of their reproductive rights – mainly the right to an abortion – if she were confirmed.
Barrett arrived at the Capitol Monday morning with her large family in tow.
The Supreme Court nominee will deliver an opening statement Monday afternoon following opening remarks from each of the members of the Senate Judiciary Committee.
Chairman Lindsey Graham started off the morning with opening statements praising Barrett, but acknowledged the week would be ‘long and contentious.’
Senators’ questioning of Barrett will commence Tuesday.
Protesters gathered outside Dirksen Senate Office Building early Monday morning as women’s rights activists claim Barrett’s confirmation would be a threat to women’s reproductive rights – particularly the right to an abortion.
Democratic lawmakers are also concerned a 6-3 conservative majority court could overturn Roe v. Wade.
The other 20 members of the Judiciary Committee – aside from Graham and Ranking Member Dianne Feinstein – will each have 10 minutes to give their own opening remarks.
Republican Senator Mike Lee, who tested positive for coronavirus after attending the ‘super spreader’ event announcing Barrett’s nomination last month, is present in-person for the hearing.
The confirmation hearing for Donald Trump’s Supreme Court nominee Amy Coney Barrett commenced Monday
Barrett’s family, including her husband and seven children, too their seats in a row behind her for the entirety of the first day of the hearing
The Senate Judiciary Committee is chaired by Senator Lindsey Graham (pictured), and he acknowledged during his opening remarks Monday that the week will be ‘long and contentious’
Judge Barrett and all 22 members of the Senate Judiciary Committee will deliver opening remarks all day before questioning of the nominee begins Tuesday
Demonstrators braved a rainy and chilly D.C. day as they gathered outside the Dirksen Senate Office Building Monday to protest Barrett’s confirmation to the Supreme Court
Clashes ensue: While many protested Barrett’s confirmation, demonstrators also showed up in support of the nominee with signs readings: ‘Women for AMY’ and others urging senators to ‘Confirm Amy’
Pro-life protesters also met outside the Supreme Court in Washington D.C. to support Barrett’s nomination
‘Let the people decided’: Others outside the Supreme Court said the nomination and confirmation process should wait until after the 2020 presidential election
Capitol police arrest protesters who blocked the entrance to Dirksen Senate Office Building ahead of the hearing
While many senators and staff decided to join the hearing in-person – some opted to remain remote in the midst of the COVID-19 pandemic.
Vice presidential nominee Kamala Harris will join the hearing via Zoom as she remains in her office in the same building.
Graham’s opening statement reflected and retraced some of the animosity of the judicial wars as well as his own tortured positions on whether the Senate should act on a judge before a presidential election.
‘This is going to be a long and contentious week,’ he intoned, even predicting the vote would happen on party lines.
Graham, facing a tough reelection against an opponent who has been raking in campaign donations since the court vacancy occurred, acknowledged the cross currents.
Although Graham has the distinction of voting for Barack Obama’s court picks, he also stated flatly that he would not support moving a nominee in the year before an election.
‘A lot of people on our side say just ram it through. I hear that a lot. That’s why I don’t listen to the radio much anymore,’ said Graham.
Graham said in October, 2018, amid Democratic fury over the GOP stalling the nomination of Judge Merrick Garland: ‘If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait until the next election.’
On Monday, Graham felt the need to say the hearings he organized 16 days after the vacancy occurred were constitutional.
‘I feel that we’re doing this constitutionally. Our Democratic friends object to the process. I respect them all. They’ll have a chance to have their say,’ he said.
He acknowledged Democrats who have floated the idea of packing the court with additional seats as conservatives are poised to get a 6-3 advantage.
‘Nine seems to be a good number,’ Graham said.
His statements on the pace of the hearing – he said about half of nominations had gotten a hearing within 16 days – came at a meeting where Democrats including Kamala Harris opted not to appear in person amid the pandemic. Graham refused to take a COVID-19 test before his scheduled debate with Democrat Jaime Harrison in South Carolina.
Democratic Ranking Member Dianne Feinstein, who notably excoriated Barrett during her confirmation hearing for a judgeship at the appeals level, showed up in person.
One in four registered voters support the Supreme Court overturning Roe v. Wade a new poll revealed Monday as Amy Coney Barrett prepares for the first day of her confirmation hearing before the Senate Judiciary Committee.
In the ABC News/Washington Post poll, 62 per cent of those surveyed said the highest court needs to uphold Roe v. Wade – the landmark Supreme Court case used as the basis of abortion law in the U.S.
On the other hand, 24 per cent of American voters say they want the case overturned, which would effectively end abortion rights as they’re known.
Fourteen per cent of the 879 registered voters polled say they have no opinion on whether the case is overturned or upheld.
The results, which are broadly split among political, ideological and religious bases, comes as President Donald Trump’s Supreme Court nominee Amy Coney Barrett heads to Capitol Hill to commence the confirmation process.
Democrats are worried Barrett, a devout Roman Catholic who has publicly shared her pro-life views in the past, is a threat to women’s healthcare – mainly the current right to an abortion.
Nominee arrives: Barrett, 48, is pictured walking to her hearing room on Capitol Hill Monday morning for the first day of her confirmation hearing before the Senate Judiciary Committee
Five of Barrett’s children are biological to her and her husband Jesse Barrett, and two are adopted from Haiti
In the poll taken October 6-9, after Trump announced Barrett as the unprecedented third Supreme Court pick of his first term, 66 per cent of women said Roe v. Wade should be upheld – and 58 per cent of men feel the same.
Among party lines, 81 per cent of Democrats and liberals combined say the case needs to be enforced and upheld, while 75 per cent of voters who identify as moderates also say it should be upheld.
That number drops to 37 per cent among conservatives and to 40 per cent among Republicans.
Three in four people who have no religious preference want the case upheld, while only 44 per cent of Protestants feel the same.
A poll released Monday shows 62 per cent of registered voters want the Supreme Court to uphold Roe v. Wade and the abortion laws that stemmed from it – as Democrats worry Barrett’s confirmation could threaten the landmark case
During her opening remarks, Barrett will praise her mentor, the late Justice Antonin Scalia, and tell senators courts ‘should not try’ to make policy.
A transcript of the remarks Barrett intends to deliver later Monday afternoon was released to the media Sunday.
The 48-year-old mother of seven will speak to the Republican-led panel about how Scalia, whom she clerked for after law school, shaped not only her philosophies about the law, but also about family.
‘Justice Scalia taught me more than just law,’ her statement reads. ‘He was devoted to his family, resolute in his beliefs, and fearless of criticism.’
‘As I embarked on my own legal career, I resolved to maintain that same perspective,’ it continues. ‘There is a tendency in our profession to treat the practice of law as all-consuming, while losing sight of everything else. But that makes for a shallow and unfulfilling life.’
Barrett’s remarks came to light as Senator Lindsey Graham, the chairman of the Senate Judiciary Committee and a staunch Trump ally, predicted that Barrett will be confirmed no later than October 27.
Speaking to Fox News on Sunday, the South Carolina Republican said that a vote will be held a week after the hearing wraps up on October 22.
‘I believe she will be confirmed no later than Tuesday, a week before the election,’ Graham said.
‘That’s my hope. It will be up to Senator [Mitch] McConnell what do after the 22nd, but we can easily get her confirmed before the election.’
About a dozen activists dressed as characters from The Handmaid’s Tale staged a protest against Barrett’s confirmation hearing outside the Supreme Court Sunday morning
One of the protester holds a sign that reads: ‘Vote while you still can!’
Among the key points in Barrett’s opening statement is her belief that policy decisions should be left up to political branches of government – Congress and the presidency – not the courts.
‘Courts have a vital responsibility to enforce the rule of law, which is critical to a free society,’ the Seventh Circuit judge’s statement says.
‘But courts are not designed to solve every problem or right every wrong in our public life. The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People.’
In addition to praising Scalia, who died in 2016, Barrett will pay tribute to Ruth Bader Ginsburg, whose seat she is hoping to fill.
‘When I was 21 years old and just beginning my career, Ruth Bader Ginsburg sat in this seat,’ her statement reads. ‘She told the Committee: ‘What has become of me could only happen in America.’
‘I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place. I will be forever grateful for the path she marked and the life she led.’
Barrett will also talk about her seven children with husband Jesse Barrett, joking that she’s ‘used to being in a group of nine’.
She will say that she looks forward to bringing ‘a few new perspectives’ as the first mother of school-age children on the nine-member court.
In her opening remarks Barrett will pay tribute to Justice Antonin Scalia (left), whom she clerked for, and Justice Ruth Bader Ginsburg (right), whose seat she is hoping to fill
The confirmation hearing comes just three weeks before the 2020 presidential election and has been the subject of heated debate between Republicans and Democrats.
Republicans who control the Senate are moving at a breakneck pace to put Barrett on the Supreme Court before the election – in the face of fierce criticism from Democrats who say President Donald Trump should have waited until after the election to nominate Ginsburg’s replacement.
The GOP is hoping to have Barrett – a conservative – confirmed in time for a high profile challenge to the Affordable Care Act and any election-related challenges.
Should Democrats take back control of the Senate in the election, confirming Barrett would become much more difficult.
In his Fox News interview on Sunday, Graham criticized some Democrats who have threatened to pack the Supreme Court with liberal justices if Biden wins and his party takes over the Senate
Barrett would be Trump’s third Supreme Court justice. No Supreme Court justice has ever been confirmed so close to a presidential election.
Barrett’s nomination has been chaotic to say the least, worsened by suspicions that a coronavirus outbreak gripping the White House was sparked by an event where Trump ceremonially tapped her on September 26 in the Rose Garden.
The outbreak fueled Democrats’ cries that the confirmation hearing should be postponed because of the ongoing pandemic.
In his Fox News interview on Sunday, Graham criticized some Democrats who have threatened to pack the Supreme Court with liberal justices if Biden wins and his party takes over the Senate.
‘It changes America as we know it,’ Graham said. ‘If we lost the House, the Senate and the White House they’re going to change the rules of the Senate… so you only need a majority, anything coming out of the House sails through the Senate.
‘They’re going to expand the court from nine to whatever number they need to make it liberal… A liberal Supreme Court is a nightmare for business, it’s a nightmare for social policy.
‘If [Democrats] win, it’s not going to be about a health care debate, they’re going to structurally change the country.’
Biden has refused to reveal his stance on court-packing.
President Trump announced his nomination of Barrett during a Rose Garden ceremony on September 26 (pictured). That event was believed to have spawned a coronavirus outbreak in the White House
The country will get an extended look at Barrett over three days, beginning with her opening statement late Monday and hours of questioning Tuesday and Wednesday.
A mother of seven, Barrett will describe how she uses her children as a test when deciding cases, asking herself how she would view the decision if one of her children were the party she was ruling against.
‘Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law?’ she says.
A Catholic, she says she believes in the ‘power of prayer’, and she thanks those who have reached out with messages of support.
Ordinarily, she would get to show off her large family. But the White House event announcing her nomination, in which most of the audience did not wear masks, has been labeled a ‘superspreader’ for the coronavirus.
More than two dozen people linked to the September 26 Rose Garden event have contracted COVID-19 since then, including Republican Sens Thom Tillis of North Carolina and Mike Lee of Utah, both members of the Senate Judiciary Committee.
In an interview with the AP, Senate Democratic leader Chuck Schumer of New York said Sen Graham has ‘an obligation to be tested’ for COVID-19 before the hearing begins because he has been exposed to those with the disease.
Barrett and her family went maskless at the event. Barrett and her husband, Jesse, tested positive for the virus earlier this year and recovered, two administration officials have said.
Barrett and her family (pictured) went maskless at her nomination event on September 26
While senators will be able to participate remotely, it’s unclear whether anyone will do so. Most Democrats have said they will attend, and Tillis and Lee both said they hoped to be recovered and present.
Democrats already were enraged that Republicans are moving so quickly after their actions four years ago kept a seat open after Scalia died in February 2016, before that year’s election, and President Barack Obama nominated Judge Merrick Garland to take his place. The Senate did not grant Garland even a hearing, much less a vote.
Outside groups are pushing Democrats to make a strong case against what they call an illegitimate confirmation so close to the election, when people are already voting in some states.
‘The Democrats have a very strong hand to play politically, even if they do not have the votes to stop it,’ said Brian Fallon, executive director of Demand Justice, which advocates against right-leaning nominees.
‘The public is with them that this shouldn’t happen before the election.’
Democrats have made clear that they will press Barrett on health care, especially with the imminent Supreme Court arguments, and abortion, among other issues where her vote could push the court further to the right.
‘I intend to, and I think everybody else on the Democratic side, will focus on the fact that she is being pushed on to the Supreme Court just in time for the November 10 hearing on the Affordable Care Act,’ Sen Mazie Hirono (D – Hawaii) said. ‘That leaves millions and millions of families totally in the cold in regard to health care.’
Barrett also is the most openly anti-abortion Supreme Court nominee in decades and her vote could provide a majority to restrict if not overturn abortion rights. She also has voiced skepticism about some gun control laws.
Sen Richard Blumenthal (D – Connecticut), pointed to a dissenting opinion Barrett wrote last year in favor of allowing people convicted of nonviolent crimes to own guns. Federal law currently has a blanket prohibition on gun ownership by convicted felons. ‘She is extreme on this issue,’ Blumenthal said at a news conference.
Republicans will highlight Barrett’s belief in sticking to the text of laws and the original meaning of constitutional provisions, both Scalia trademarks as well.
Her personal story also will be a frequent topic of conversation when Republicans are asking questions.
‘She has proven a mom really can do anything,’ Sen Joni Ernst (R – Iowa) said after meeting with Barrett last week.